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HomeMy WebLinkAboutWendy's CUP-01-028BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01-17-02 Revised 02/06/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A FAST FOOD RESTAURANT FOR WENDY'S IN A C-G ZONE AT THE NORTHWEST INTERSECTION OF CORPORATE DRIVE AND EAST FIRST STREET, MERIDIAN, IDAHO WENCO, INC., APPLICANT Case No. CUP-01-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 15, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, appearing and testifying on behalf of the applicant was Billy Ray Strite, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact) Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit ~vas published for two (2) consecutive weeks prior to the said public hearing scheduled for January 15, 2002, before the City Council, the first publication appearing and ~q'itten notice having been mailed to property owners or purchasers of record ~vithin three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (I 5) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 15, 2002, public hearings; and the applicant, affected property ovmers, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the Northwest intersection of Corporate Drive and East First Street, Meridian, Idaho. 5. The owner of record of the subject property is Community Properties of Boise, Idaho. 6. Applicant is Wenco, Inc. of Boise, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a fast food restaurant. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Landscaping shall be installed as submitted on the site plan, with the addition of a sight barrier/screening buffer adjacent to the Blimpies drive-through lane. The three existing crabapples shall be moved and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 replanted on site. Three copies of the new detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 12.2 Applicant shall install parking as submitted. 12.3 All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4. 12.4 All signage shall be in accordance ~vith the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs ~vere requested under the subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 12.5 All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 12.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-9 1) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12.7 Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.8 12.9 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the reqnired improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 12.10 Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 12.11 12.12 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. Provide 5, wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 12.13 The property shall be properly subdivided, with the final plat properly recorded, prior to occupancy of the proposed Wendy's restaurant. 12.14 Development of the building pad on the northwest side of the property shall be handled through a separate conditional use permit. Adopt the ACHD Recommendations from their Revised Recommendations dated January 22, 2002, as follows: 12.15 Dedicate 775-square feet of right-of-way on the north~vest corner of East 1st Street and Corporate Drive. The dimensions shall provide a 775- square foot triangle. The triangle shall be a right triangle with right-of way from the southeast corner of the property on East 1 st extending 31- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East 1st Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. The right-of-way purchase agreement shgll be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 12.16 Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 12.17 Construct a right-in/right-out, left-in driveway located approximately 140-feet north of Corporate Drive. Left-tutus out of the site are not permitted. Install an on-site sign that states "LEFT TURNS PROHIBITED". The driveway may be restricted to all left turning movements in the future. ACHD may install a concrete median in Meridian Road when warranted. 12.18 12.19 12.20 The driveway that is proposed on Corporate Drive located approximately 180-feet west of East 1st Street is approved as a full access driveway. The proposed internal driveway to be shared with the property directly to the north is approved with this application. The applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-~vay. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 easement for the sidewalk. 12.21 12.22 12.23 Replace unused curb cuts on Corporate Drive, Meridian Road and East 1st Street with standard curb, gutter and concrete sidewalk to match existing improvements. Replace any damaged curb, gutter and/or sidewalk on Corporate Drive, Meridian Road and East 1 st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Pave the driveway its full width of 30- to 40-feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15- foot curb radii. 12.24 Provide a minimum of 100-feet of stacking distance from the drive-thru window to the public roadway system. 12.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.26 Any existing irrigation facilities shall be relocated outside of right-of- way. 12.27 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12.28 Other than the access points specifically approved with this application, direct lot or parcel access to Corporate Drive, East Ist Street and Meridian Road is prohibited. 12.29 Additionally, ACHD's Standard Requirements listed within their revised January 22, 2002 memo shall be complied with. Adopt the Meridian Fire Department Recommendations as follows: 12.30 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show ail proximity hydrants within 500' of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 12.31 All corners will have to have 28' inside radius and 48' outside radius. Adopt the Central District Health Dept Recommendations as follows: 12.32 Run-off is not to create a mosquito breeding problem. 12.33 Applicant shall submit plans for a food establishment for revie~v. 12.34 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to ground~vater and surface water quality. 12.35 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Sanitary Service Recommendations as follows: 12.36 A minimum of iff shall be needed for inside the gate posts of the ~vaste enclosure for truck clearance. The other location "Parcel 2" a sign needs to be further reviewed. Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 12.37 All storm water shall be retained on site of the project and shall not impact the District. Additionally, pursuant to the action of the City Council from their meeting held on January 15, 2002, the following shall be required: 12.38 The revised Site Plan with the noted changes and dated 12-7-2001, incorporates the following information: "Site Development Plan, Drawn: BRS, DATE: 7/19/01, JOB NO. 01088, SHEET CU-1, Chg. Monument to Pylon Sign 7/26/01, Add new ACHD ROW 8/26/01, add escape lane 12/7/Ol ." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 12.39 That a by-pass lane is required to allow an escape route mid-way through the drive-thru lane for vehicles to exit into the parking lot, and which exit shall help screen the vehicle headlights from the adjacent properties and right-of-way. 13. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area, with the modifications that have been made, and are shown on the revised Site Development Plan dated 12-7-01. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. The refuse endosure shall meet the requirements of S. S. C. for accessibility and shall be endosed on three sides by a sight obscuring wall or fence. 16. The uses proposed within the subject application will involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Additionally, excessive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 traffic already exists in the general area of the development and this development would add to the traffic concerns. ACHD estimates an additional 2,342 vehicle trips per day for the new building. Added excessive noise, smoke, fumes, glare or odors currently exist on this site. However, the proposed development will not create a noticeably discernable negative impact at the location. The proposed use will not create significant interference with any traffic on the surrounding public streets. ACHD has addressed this issue and has determined that it will not significantly impact the surrounding public street accesses. 17. The proposed use will not be detrimental to the economic ~velfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the City of Meridian Zoning and Development Ordinance at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subiect to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othemrise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious ~vith the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Community Business District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: B. C. D. E. F. G. Minimize adverse impact on other development; Control the sequence and tinting of development; Con}crol the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; Require the provision for on-site public facilities or services; and Require more restrictive standards than those generally required, in this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a commercial development consisting of a dual restaurant with a drive-thru in a C-C zone located at 677 East First St, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Landscaping shall be installed as submitted on the site plan, with the addition of a sight barrier/screening buffer adjacent to the Blimpies drive-through lane. The three existing crabapples shall be moved and replanted on site. Three copies of the new detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 1.2 Applicant shall install parking as submitted. 1.3 All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 light does not spill over onto adjacent properties or right-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4. 1.4 All signage shall be in accordance ~vith the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under the subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 1.5 All construction and site improvements shall conform to the requirements of the Americans ~vith Disabilities Act. 1.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-I-9 1) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resottrces regarding Shallow Injection Wells. 1.7 Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 1.8 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy: Any temporary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 occupancy shall not exceed 60 days to complete the required improvements. 1.9 As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 1.10 Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing proposed utility connection. 1.11 A Certificate of Zoning Complianc4 and a Building Permit shall be obtained prior to the start of construction. 1.12 Provide 5, wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 1.13 The property shall be properly subdivided, with the final plat properly recorded, prior to occupancy of the proposed Wendy's restaurant. 1.14 Development of the building pad on the northwest side of the property shall be handled through a separate conditional use permit. Adopt the ACHD Recommendations as follows: 1.15 Dedicate 775-square feet of right-of-way on the north~vest corner of East 1st Street and Corporate Drive. The dimensions shall provide a 775- square foot triangle. The triangle shall be a right triangle with right-of way from the southeast corner of the property on East 1st extending 31- feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East 1st Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 1.16 Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 other required permits), whichever occurs first. 1.17 Utilize the driveway that was approved with a previous application as a right-in/right-out driveway located approximately 140-feet north of Corporate Drive is granted a modification of policy and is approved with this application. 1.18 The driveway that is proposed on Corporate Drive located approximately 180-feet west of East 1 st Street is approved as a right- in/right-out driveway. 1.19 The proposed internal driveway to be shared with the property directly to the north is approved with this application. The applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. 1.20 Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff if the sidewalk meanders outside of the right-of-way provide an easement for the sidewalk. 1.21 Replace unused curb cuts on Corporate Drive. Meridian Road and East 1st Street with standard curb. glitter and concrete sidewalk to match existing improvements. 1.22 Replace any damaged curb, gutter and/or sidewalk on Corporate Drive, Meridian Road and East 1st Street with new curb. gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 1.23 Pave the driveway its full width of 30- to 40 feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15- foot curb radii. 1.24 Provide a minimum of lO0-feet of stacking distance from the drive-thru window to the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 1.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.26 Any existing irrigation facilities shall be relocated outside of tile right-of- way. 1.27 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 1.28 Other than the access point specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1st Street and Meridian Road is prohibited. 1.29 Additionally, ACHD's Standard Requirements listed within their December 19, 2001 Inter-Office Memo shall be complied with. Adopt the Meridian Fire Department Recommendations as follows: 1.30 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 1.31 All corners will have to have 28' inside radius and 48' outside radius. Adopt the Central District Health Dept Recommendations as follows: 1.32 Run-off is not to create a mosquito breeding problem. 1.33 Applicant shall submit plans for a food establishment for review. 1.34 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.35 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 Adopt the Sanitary Service Recommendations as follows: 1.36 A minimum of 10' shall be needed for inside the gate posts of the waste enclosure for truck clearance. The other location "Parcel 2" a sign needs to be further reviewed. Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 1.37 All storm water shall be retained on site of the project and shall not impact the District. Additionally, pursuant to the action of the City Council from their meeting held on January I5, 2002, the following shall be required: 1.38 The revised Site Plan with the noted changes and dated 12-7-2001, incorporates the following information: "Site Development Plan, Drawn: BRS, DATE: 7/19/01, JOB NO. 01088, SHEET CU-1, Chg. Monument to Pylon Sign 7/26/01, Add newACHD ROW 8/26/01, add escape lane 12/7/01 ." 1.39 That a by-pass lane is required to allow an escape route mid-svay through the drive-thru lane for vehicles to exit into the parking lot, and which exit shall help screen the vehicle headlights from the adjacent properties and right-of-way. City Code§ 3. The conditions shall be reviewable by the Council pursuant to Meridian 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 and then a copy served by the Clerk upon the applicant, the Plam~ing and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the dayof /~/"~t/c~, 2002. ROLL CALL: COUNCILMAN ICd~ITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT O. CORRIE (TIE BREA/Cd~R) DATED: 2_ --//~ ~-~ MOTION: VOTED_~4-.-- VOTED VOTED_~t~ VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 APPROVED:~____~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. '~it~ Clerk ' ' ~, · o' Dated: Z:\WorkVVlVvleridianVVleridian I5360M~Wendy's CUP01-028~FfCIsCUP01-028.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C O1/17/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A FAST FOOD RESTAURANT FOR WENDY'S IN A C-G ZONE AT THE NORTHWEST INTERSECTION OF CORPORATE DRIVE AND EAST FIRST STREET, MERIDIAN, IDAHO WENCO, INC., APPLICANT Case No. CUP-01-028 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the January 15, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a fast food restaurant in a C-G zone located at the Northwest intersection of Corporate Drive and East First Street, Meridian, Idaho, subject to the following ORDER CONDITIONAL USE PERMIT (CUP-01-028) -1 conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Landscaping shall be installed as submitted on the site plan, with the addition of a sight barrier/screening buffer adjacent to the Blimpies drive-through lane. The three existing crabapples shall be moved and replanted on site. Three copies of the new detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 2.2 Applicant shall install parldng as submitted. 2.3 All exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under the subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 2.5 All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 2.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-9 1) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary ORDER CONDITIONAL USE PERMIT (CUP-01-028) -2 2.7 2.8 2.9 applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Airy temporary occupancy shall not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2.10 Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a ne~v site plan showing proposed utility connection. 2.11 2.12 A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. Provide 5, wide pedestrian walkways in accordance with City Ordinance Section 11-9-606.B. 2.13 The property shall be properly subdivided, with the final plat properly recorded, prior to occupancy of the proposed Wendy's restaurant. 2.14 Development of the building pad on the northwest side of the property shall be handled through a separate conditional use permit. Adopt the ACHD Recommendations from their Revised ORDER CONDITIONAL USE PERMIT (CUP-01-028) -3 Recommendations dated January 22, 2002, as follows: 2.15 Dedicate 775-square feet of right-of-way on the northwest corner of East 1st Street and Corporate Drive. The dimensions shall provide a 775- square foot triangle. The triangle shall be a right triangle with right-of way from the southeast corner of the property on East 1st extending 31- feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast comer of the property extending 25-feet west of East 1st Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2.16 Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2.17 Construct a fight-in/right-out, left-in driveway located approximately 140-feet north of Corporate Drive. Left-tums out of the site are not permitted. Install an on-site sign that states "LEFT TURNS PROHIBITED". The driveway may be restricted to all left turning movements in the future. ACHD may install a concrete median in Meridian Road when warranted. 2.18 2.19 The driveway that is proposed on Corporate Drive located approximately 180-feet west of East 1st Street is approved as a full access driveway. The proposed internal driveway to be shared with the property directly to the north is approved with this application. The applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. ORDER CONDITIONAL USE PERMIT (CUP-01-028) -4 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. Replace unused curb cuts on Corporate Drive, Meridian Road and East 1st Street with standard curb, gutter and concrete sidewalk to match existing improvements. Replace any damaged curb, gutter and/or sidewalk on Corporate Drive, Meridian Road and East 1st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Pave the driveway its full width of 30- to 40-feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15- foot curb radii. Provide a minimum of 100-feet of stacking distance from the drive-thru window to the public roadway system. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Any existing irrigation facilities shall be relocated outside of right-of- way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the access points specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1st Street and Meridian Road is prohibited. Additionally, ACHD's Standard Requirements listed within their revised January 22, 2002 memo shall be complied ~vith. ORDER CONDITIONAL USE PERMIT (CUP-01-028) -5 Adopt the Meridian Fire Department Recommendations as follows: 2.30 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 2.31 All corners will have to have 28' inside radius and 48' outside radius. Adopt the Central District Health Dept Recommendations as follows: 2.32 Run-off is not to create a mosquito breeding problem. 2.33 Applicant shall submit plans for a food establishment for review. 2.34 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.35 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Sanitary Service Recommendations as follows: 2.36 A minimum of 10' shall be needed for inside the gate posts of the waste endosure for truck clearance. The other location "Parcel 2" a sign needs to be further reviewed. Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 2.37 All storm water shall be retained on site of the project and shall not impact the District. Additionally, pursuant to the action of the City Council from their meeting held on January I5, 2002, the following shall be required: 2.38 The revised Site Plan with the noted changes and dated 12-7-2001, incorporates the following information: "Site Development Plan, Drawa: ORDER CONDITIONAL USE PERMIT (CUP-01-028) -6 BRS, DATE: 7/19/01, JOB NO. 01088, SHEET CU-1, Chg. Monument to Pylon Sign 7/26/01, Add new ACHD ROW 8/26/01, add escape lane 12/7/01." 2.39 That a by-pass lane is required to allow an escape route mid-way through the drive-thru lane for vehicles to exit into the parMng lot, and which exit shall help screen the vehicle headlights from the adjacent properties and right-of-way. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of ,2002. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Z:\Worl¢~/l~Aeridian~Vleridian 15360M~Wendy's CUPOl-O28\Order.doc ORDER CONDITIONAL USE PERMIT (CUP-01-028)