HomeMy WebLinkAboutCoffee Kiosk CUP 03-030interoffice
MEMORANDUM
R,E(:1;~~~:ED
To:
From:
Subject:
File No::
Date:
William G. Berg, Jr.
William F. Nichols
BY: DONN REISWIG FOR CONDITIONAL USE PERMIT FOR COFFEE
KIOSK IN AN L-O ZONE
CUP-03-030
September 22, 2003
Will:
SEP 2 3 2003
City Of Meridian
City Clerk Office
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z1Work\Ivl\MeridianVvleridian 15360M\Cofl'ee Kiosk by Donn Reiswig CUP-03-030\CIkLLCUPffcls&Order 09 22 03.dm
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/16/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR ADRIVE-THRU
COFFEE KIOSK IN AN L-O ZONE,
LOCATED EAST OF SOUTH
EAGLE ROAD AND SOUTH OF
EAST FRANKLIN ROAD,
MERIDIAN, H)AHO
Case No. CUP-03-030
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
DONN REISWIG,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on September 16 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, appeared and testified, 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 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 was published for two
(2) consecutive weeks prior to the said public hearing scheduled for September 16, 2003, before
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 1 OF 18
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) 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 September 16, 2003, public hearings; and the
applicant, affected property owners, 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 11-17-5 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 an L-O 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 on the south of Franklin Road and east of Eagle Road on
the Meadow Lake Village property, Meridian, Idaho, and the parcel is contiguous to existing city
limits.
5. The owner of record of the subject property is Touchmark of the Treasure Valley,
LLC, and they have given their consent for the applicant to submit the requested conditional use
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMIT
PAGE 2 OF 18
permit.
6. Applicant is Donn Reiswig.
7. The subject property is currently zoned L-O. The zoning district of L-O 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 temporary drive-
thru coffee kiosk in an L-O zone. The Zoning Schedule of Use Control shows that all drive thru
facilities require a Conditional Use Permit in the L-O zone (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Mixed Use Community.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 3 OF 18
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
The temporary use shall be granted for 12 months, with a possible 12-month extension. To
obtain the 12-month extension, the applicant must submit a written request to the Planning &
Zoning Department. If any complaints are received for the coffee kiosk project prior to
submittal of the extension request, a public hearing will be required with the Planning &
Zoning Commission; otherwise the P&Z staff may approve the extension.
2. No freestanding signs are requested for the temporary kiosk and none are approved. Only
on-building signage will be allowed in compliance with IrO zone standards. All signage
shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and
Development Ordinance. All signage is subject to design review and shall require separate
permits.
3. At least two parking spaces, 9' by 19', shall be provided for employee parking. All parking
and vehicular use areas associated with the proposed use shall be paved in accordance with
City policy. Parking stall dimensions shall conform to Ordinance 12-13-4.F.
4. A buffer between land uses shall be provided incompliance with Ordinance 12-13-12 along
the west property line for the extent of the temporary use.
5. A landscaped street buffer is required along Franklin Road, in conformance with Ordinance
12-13-10, for the extent of the temporary use.
6. Any 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 orright-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-
13-4C.
7. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
8. 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, 10-1-91) for all off-street pazking azeas.
Storm water treatment and disposal must 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 standazds and policies. Off-site disposal
into a 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 Deparhnent of
Water Resources regarding Shallow Injection Wells.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 18
9. Certificate of Occupancy: All required improvements must 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 must accompany any request for temporary
occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Post the address in 4" numbers on the front of the building facing the street.
2. Provide a 2A1 OBC fire extinguisher mounted 3' to 5' off of the finished floor.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
2. The developer must comply with Idaho Code 31-3805.
3. All laterals and waste ways must be protected. The Snyder Lateral courses through the
property. The recorded easement for the lateral is forty feet, twenty feet each side from
center. The easement must be protected and any encroachment without a signed license
agreement and approved plan, before any construction is started, is unacceptable.
D. Adopt the Recommendations of the Sanitary Services Company as follows:
Further review for waste service access needs to be considered [as part of the CZC
process].
E. Adopt the Recommendations of Central District Health Department as follows:
We will require plans be submitted for a plan review for any beverage establishment.
F. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specifac Conditions o~nnroval
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTfIONAL USE PERNIIT
PAGE 5 OF 18
1. Construct a minimum 5-foot wide concrete sidewalk along Franklin Road, located a
minimum of 53-feet from the centerline of the right-of--way, in an easement provided to
the District or provide a road trust deposit in the amount of $6,800.00 to be used for
future sidewalk construction along the applicant's property.
Construct a 23-foot wide driveway that intersects Franklin Road approximately 50-feet
east of the west property line and aligns with Gaudians Avenue, as proposed. Pave the
driveway its full width and at least 30-feet into the site beyond the edge of pavement of
the roadway and install pavement tapers with 15-foot radii abutting the existing roadway
edge.
Provide a minimum of 150-feet of stacking distance (measured from the existing edge of
pavement to the drive-thru window.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMTl
PAGE 6 OF 18
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
a. It is the responsibility of the applicant to verify all existing utilities within theright-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking
13. It is found that the subj ect property is large enough to accommodate the required open
spaces, pazking, landscaping and other features required by the ordinance. Only a small portion of
the lot is to be used for the proposed temporary kiosk and related improvements.
14. The current Comprehensive Plan Land Use Map designates the property as "Mixed
Use Community" and is currently zoned L-O, with a planned development for a mixed use senior
living facility. It is found that the requested use is in compliance with the approved Future Land Use
Map and that if approved as a CUP the project will be in compliance with City ordinances.
15. It is found that the existing chazacter is vacant, undeveloped land. The intended
chazacter of the general vicinity is a mixed-use senior living community. The site of the proposed
temporary coffee kiosk is in an azea intended for future commercial development. It is found that
the proposed development will not adversely change the existing or intended character of the
general vicinity.
16. It is not anticipated that the proposed use will adversely affect adjacent properties.
17. It is found that the proposed development can be adequately served by the
essential public facilities and services. No sewer or water facilities are proposed for the kiosk, as
it is entirely self-contained. Refuse disposal will be handled using existing dumpsters within the
Meadow Lake Village project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 18
18. It is found that the proposed kiosk will not be detrimental to the economic welfare
of the community, nor would it create the need for any new facilifies or services to be paid for by
the public. All required improvements, including landscaping, paving, .parking, etc. will be paid
for by the applicant. Public utilities, such as water, sewer, and trash collection will not be
required for the temporary facility.
19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from
the proposed use. ACHD has reviewed and approved a modified access to address traffic issues.
The proposed coffee kiosk should be a quiet, smoke/fume/odor-free use. The access to the kiosk
is via an existing construction entrance for Meadow Lake Village already used by large trucks.
So, additional traffic noise for Medimont Subdivision residents caused by the kiosk use should
be minimal. To mitigate for any additional sight or sound impacts, the applicant is providing a
buffer between land uses adjacent to Medimont Subdivision and is increasing the width from 25
feet as required by ordinance to 50 feet.
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets. The proposed right-in/right-out configuration, with two
curb cuts was not approved by ACHD. Instead, they are allowing a single entrance aligned with
Gaudians Way with full fuming movements. The site plan will need to be redesigned to conform
with ACHD requirements. Review of the ACHD report for this project will provide additional
detailed information.
21. It is not found that any natural or scenic feature will be lost, damaged or destroyed
by issuance of this conditional use. The one existing tree in the vicinity of the project will be
maintained in the street buffer. No other natural or scenic features were found on the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 8 OF 18
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter refer-ed to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. §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 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, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise 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 applicafion for special use permit to deterrnine 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, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with 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 CONDTTIONAL USE PERMIT
PAGE 9 OF 18
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, pazks, 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;
£ 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, glaze 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 L-O zone 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 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMTI'
PAGE 10 OF 18
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:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 18
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
temporary drive-thru coffee kiosk in the L-O zone located on the south of Franklin Road and east
of Eagle Road on the Meadow Lake Village property, Meridian, Idaho, subject to the following
conditions of use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
1. The temporary use shall be granted for 12 months, with a possible 12-month
extension. To obtain the 12-month extension, the applicant must submit a written request to the
Planning & Zoning Department. If any complaints are received for the coffee kiosk project prior
to submittal of the extension request, a public hearing will be required with the Planning &
Zoning Commission; otherwise the P&Z staff may approve the extension.
2. No freestanding signs are requested for the temporary kiosk and none are approved.
Only on-building signage will be allowed in compliance with L-O zone standards. All signage shall
be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development
Ordinance. All signage is subject to design review and shall require separate permits.
3. At least two parking spaces, 9' by 19', shall be provided for employee parking. All
parking and vehicular use areas associated with the proposed use shall be paved in accordance with
City policy. Parking stall dimensions shall conform to Ordinance 12-13-4.F.
4. A buffer between land uses shall be provided in compliance with Ordinance 12-13-12
along the west property line for the extent of the temporary use.
5. A landscaped street buffer is required along Franklin Road, in conformance with
Ordinance 12-13-10, for the extent of the temporary use.
6. Any 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 18
properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C.
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
8. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm
water treatment and disposal must 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 a 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 Deparhnent of Water Resources regarding Shallow Injection
Wells.
9. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained byproviding 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 must accompany any request for temporary occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
Post the address in 4" numbers on the front of the building facing the street.
2. Provide a 2A1 OBC fire extinguisher mounted 3' to 5' off of the finished floor.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage plans.
2. The developer must comply with Idaho Code 31-3805.
3. All laterals and waste ways must be protected. The Snyder Lateral courses through the
property. The recorded easement for the lateral is forty feet, twenty feet each side from center. The
easement must be protected and any encroachment without a signed license agreement and approved
plan, before any construction is started, is unacceptable.
D. Adopt the Recommendations of the Sanitary Services Company as follows:
Further review for waste service access needs to be considered [as part of the CZC
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 18
process].
E. Adopt the Recommendations of Central District Health Department as follows:
1. We will require plans be submitted for a plan review for any beverage establishment.
F. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions ofApproval
1. Construct a minimum 5-foot wide concrete sidewalk alohg Franklin Road, located
a minimum of 53-feet from the centerline of the right-of--way, in an easement provided to
the District or provide a road trust deposit in the amount of $6,800.00 to be used for
future sidewalk construction along the applicant's property.
2. Construct a 23-foot wide driveway that intersects Franklin Road approximately
50-feet east of the west property line and aligns with Gaudians Avenue, as proposed.
Pave the driveway its full width and at least 30-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with 15-foot radii abutting the
existing roadway edge.
3. Provide a minimum of 150-feet of stacking distance (measured from the existing
edge of pavement to the drive-thru window.
4. Comply with all Standard Conditions ofApproval.
Standard Conditions of Approval
1. Any exisfing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be home by the developer.
3. Replac any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
5. All design and construcfion shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 14 OF 18
herein. An engineer registered in the State of Idaho shall prepaze and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees aze required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
a. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3. 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 Pennit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 15 OF 18
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 16 OF 18
for Judicial Review maybe filed.
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 maybe 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 day of
2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE Mc CANDLESS VOTED
COUNCILMAN WILLIAM L.M. NARY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED: DISAPPROVED:
Mayor Robert D. Come
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 17 OF 18
William G. Berg, Jr., City Clerk
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
Z:~WorkVMMeridianNdle1idian 15360IvbCoffee Kiosk by Donn Reiswig CUP-03-030~FfCls CUP-03-030.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 18
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/16/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR ADRIVE-THRU
COFFEE KIOSK IN AN L-O ZONE,
LOCATED EAST OF SOUTH
EAGLE ROAD AND SOUTH OF
EAST FRANKLIN ROAD,
MERIDIAN, IDAHO
Case No. CUP-03-030
ORDER GRANTING
CONDITIONAL USE PERMIT
DONN REISWIG,
APPLICANT
This matter coming before the City Council on September 16, 2003, 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
temporary drive-thm coffee kiosk in the L-O zone located on the south of Franklin Road and east
of Eagle Road on the Meadow Lake Village property, Meridian, Idaho, subject to the following
conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
1. The temporary use shall be granted for 12 months, with a possible 12-month extension. To
obtain the 12-month extension, the applicant must submit a written request to the Planning &
ORDER CONDITIONAL USE PERMTT
(CUP-03-030)
PAGE 1 OF 7
Zoning Department. If any complaints are received for the coffee kiosk project prior to
submittal of the extension request, a public hearing will be required with the Planning &
Zoning Commission; otherwise the P&Z staff may approve the extension.
2. No freestanding signs are requested for the temporary kiosk and none are approved. Only
on-building signage will be allowed in compliance with L-O zone standards. All signage
shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and
Development Ordinance. All signage is subject to design review and shall require separate
permits.
3. At least two parking spaces, 9' by 19', shall be provided for employee parking. All parking
and vehicular use areas associated with the proposed use shall be paved in accordance with
City policy. Parking stall dimensions shall conform to Ordinance 12-13-4.F.
4. A buffer between land uses shall be provided in compliance with Ordinance 12-13-12 along
the west property line for the extent of the temporary use.
5. A landscaped street buffer is required along Franklin Road, in conformance with Ordinance
12-13-10, for the extent of the temporary use.
6. Any 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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
7. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
8. 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, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must 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 a 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.
9. Certificate of Occupancy: All required improvements must be complete prior to obtaining a
Certificate of Occupancy for the proposed development. A ,temporary Certificate of
Occupancy may be obtained byproviding 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,
ORDER CONDTTIONAL USE PERMIT
(CUP-03-030)
PAGE 2 OF 7
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Post the address in 4" numbers on the front of the building facing the street.
2. Provide a 2A1 OBC fire extinguisher mounted 3' to 5' offof the finished floor.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
2. The developer must comply with Idaho Code 31-3805.
All laterals and waste ways must be protected. The Snyder Lateral courses through the
property. The recorded easement for the lateral is forty feet, twenty feet each side from
center. The easement must be protected and any encroachment without a signed license
agreement and approved plan, before any construction is started, is unacceptable.
D. Adopt the Recommendations of the Sanitary Services Company as follows:
Further review for waste service access needs to be considered [as part of the CZC
process].
E. Adopt the Recommendations of Central District Health Department as follows:
We will require plans be submitted for a plan review for any beverage establishment.
F. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specifac Conditions o~pproval
1. Construct a minimum 5-foot wide concrete sidewalk along Franklin Road, located a
minimum of 53-feet from the centerline of the right-of--way, in an easement provided to
the District or provide a road trust deposit in the amount of $6,800.00 to be used for
future sidewalk construction along the applicant's property.
ORDER CONDITIONAL USE PERMTP
(CUP-03-030)
PAGE 3 OF 7
2. Construct a 23-foot wide driveway that intersects Franklin Road approximately 50-feet
east of the west property line and aligns with Gaudians Avenue, as proposed. Pave the
driveway its full width and at least 30-feet into the site beyond the edge of pavement of
the roadway and install pavement tapers with 15-foot radii abutting the existing roadway
edge.
3. Provide a minimum of 150-feet of stacking distance (measured from the existing edge of
pavement to the drive-thru window.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Ufility street cuts in pavement less than five yeazs old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standazds and approved supplements, Construction Services
procedures and all applicable ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
ORDER CONDITIONAL USE PERMIT
(CUP-03-030)
PAGE 4 OF 7
a. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACRD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking
3. 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.
NOTICE OF EIGHTEEN (IS) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
ORDER CONDTIIONAL USE PERNIIT
(CUP-03-030)
PAGE 5 OF 7
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. hi the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the fmal decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
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 maybe adversely affected by this decision 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.
ORDER CONDTTIONAL USE PERMTP
(CUP-03-030)
PAGE 6 OF 7
By action of the City Council at its regular meeting held on the day of
2003.
Robert D. Corrie, Mayor City of Meridian
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Deparhnent, Public Works Department
and City Attorney.
By:
City Clerk
Z:\Work\IvlWleridian\Meridian 15360IvACoffee Kiosk by Donn Reiswig CUP-03-030\Orde~C[1P.doc
ORDER CONDTTIONAL USE PERMIT
(CUP-03-030)
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