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HomeMy WebLinkAboutCUP 03-052 Wendy's/StarbucksBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12/02/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT TWO BUILDINGS FOR WENDY'S/STARBUCKS/KINKOS WITH DRIVE-THRU5 AND A 6,500 SQUARE FOOT RETAIL PAD IN AN I-L ZONE, LOCATED ON TI3E NORTHEAST CORNER OF OLIVE AVENUE AND E. FLORENCE STREET, AND IS ALSO KNOWN AS LOT 11, BLOCK 1 OF TREASURE VALLEY BUSINESS CENTER SUBDIVISION, ~~11ERIDIAN, IDAHO WENCO, INC., APPLICANT Case No. CUP-03-052 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 Ciry Council on December 2, 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, and Billy Ray Strite, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to Ciry 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 25 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 pemlit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 2, 2003, before 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 December 2, 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 I-L zone and by reason of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 25 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 northeast corner of Olive Avenue and E. Florence Street, and is also known as Lot 11, Block 1 of Treasure Valley Business Center Subdivision, Meridian, Idaho. The following uses surround the subject property: North - Vacant/undeveloped lots within T.V. Business Center No. 1, zoned I-L, and the new Krispy Kreme shop South -Primary Health and the Treasure Valley Business Center -Phase 2, zoned I-L East - The Crossroads Shopping Center, zoned I-L (with a Conditional Use Permit to allow retail and drive-through) West- Vacant/undeveloped lots within T.V. Business Center No. 1, zoned I-L 5. The owner of record of the subject property is Community Properties/Ammon, LLC, represented by Dale F. Nagy. Mr. Nagy has granted consent to BRS Architects to submit the application. 6. Applicant is Wenw, Inc. The applicant, Wenco, Inc., is reques5ng approval of a detailed Planned Development (PD) to construct three (3) buildings on an existing, single lot of record. The lot of record is platted as Lot 11, Block 1 in Treasure Valley Business Center (TVBC) No. 1 and is approximately two acres in size. TVBC was initially platted in 1985 by Upland Industries and was annexed with an I-L zone and a Development Agreement (DA) that allows, among other uses, restaurants, retail and office in the I-L zone. In January 2003, this lot was approved as part of Treasure Valley Business Center (TVBC) -Phase 3 preliminary plat by the Commission and City Council for a re-subdivision into four (4) new lots. To date, no Final Plat application has been submitted to the City for TVBC -Phase 3. It is nonetheless anticipated FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 25 that each of the proposed buildings will eventually be on their own separate lot of record, assuming a final plat is submitted within the required timeframes set by Meridian City Code. The TVBC -Phase 3 preliminary plat had a companion conceptual PD application (CUP-02- 036) which established a base of uses and building configurations for the entire 18-acre TVBC - Phase 3 development. Anew PD application is required because the applicant is proposing multiple buildings on a single lot. A CUP application is also required for approval of the two drive-thru facilities. 7. The subject property is cun•ently zoned I-L (Light Industrial). The zoning district of I-Lis 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 Planned Development to site three (3) buildings on Lot 11 and to construct two drive-thru facilities on the lot. The Zoning Schedule of Use Control shows that all drive-thru facilities require a Conditional Use Permit in the I-L zone (City of Meridian Zonirig and Development Ordinance, Section 11-8-1). The applicant is requesting detailed approval of all three (3) buildings and elevations were submitted for each building; although only two of the buildings - Wendy's and Kinkos/Starbucks -are planned for construction at this time. The total amount of proposed building area on the site is 14, 200 square feet. The site has afloor-to-area ration of .16 FAR. Assuming the future building (6,500 sq. ft.) is submitted with an elevation and building envelope that substantially match what is shown in the application, a future CUP application will not be required. 9. The proposed application is in compliance with the Meridian Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 25 Plan, which designates the subject property as "Industrial". 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning and Zoning Commission, as follows: Site Specific Conditions 1. Landscaping adjacent to Eagle Road/SH 55 shall be installed per the approved landscaping plan with TVBC-Phase 3 (35'buffer). A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance. Said plan shall make the following modifications: a. Add one (1) tree in the E. Florence street buffer (minimum of seven trees required); b. Correct the "E. Jewell" street label to be "Olive Avenue." All required perimeter landscaping for Lot 11, Block 1 shall be installed at the time of the first building permit on the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 25 2. The drive-thru service window on the east elevation of the Starbucks/Kinkos building shall be relocated at least 30 feet to the north (based on the original floorplan and elevation) to increase the vehicle stacking depth to a minimum of five (5) vehicles. (Council Note: the revised floorplan and east elevation conforms to this condition.) 3. The applicant shall construct only one building on Lot 11, Block 1 ofTVBC No. 1 until the plat for TVBC -Phase 3 is recorded. After said recordation, the other two buildings may be submitted for building permits. 4. The off-site driveway at the north property line shall be installed per Meridian Fire Department specifications and be at least 20 feet wide, all-weather surface, and installed prior to the issuance of the first Certificate of Occupancy on the site. Additionally, applicant is responsible to ensure that a cross parking agreement is in place among the three proposed buildings upon any future re- subdivision of Lot 11, Block 1. 5. The west elevation of the future pad building (see Sheet CU-5) shall be further enhanced with windows to improve the street appeal and provide a more pedestrian friendly atmosphere along Olive Avenue. Alternatively, rotate the building so the rear of the building is facing north. If the building is not rotated, submit a revised Site Plan to extend sidewalks to the west side of the future building pad to serve the delivery doors. (Council Note: the revised elevation conforms to this condition.) 6. A traffic control sign shall be installed in the landscape planter located between the drive-thru aisle of the Wendy's building and the drive-thru aisle of the Starbucks/Kinkos building to alert drivers of a congested area. Said sign should read "Slow," "Yield," or a similar cautionary statement. 7. The applicant shall submit a revised Site Plan (Sheet CU-1) that makes the following corrections: a. Delete keynotes #1 and #4. (The ITD curb cut is further north than shown and Olive Ave. does not have a decel lane.) b. Correct the "Parking Required" figures under the "Site/Building Data" table to reflect MCC 11-13-5. 8. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains through this proposed development. Subdivision designer to coordinate main sizing and roufing with the Public Works Department. 9. The development of this property shall be in conformance with the approved Planned Development, per File #CUP-02-036. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 25 General CUP Conditions 1. 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 imgation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. 3. Any drainage azeas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-yeaz storm event. Side slopes within drainage areas shall not exceed 3:1. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled per City Ordinance 12- 4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainagedistrict, orlateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. No signs are approved with this application. Applicant shall apply for a planned sign program for the three (3) proposed buildings prior to any signage being approved on Lot 11, Block 1 of TVBC No. 1. 8. All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 11-13. B. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 25 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: That afire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants aze required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping azeas. 8. The driveway shall have a clear driving surface which is 20' wide available at al] times. C. Adopt the Recommendations of the Ada County Highway District as follows: 1. On November 13, 2002, the Ada County Highway District Commissioners acted on MPFP02-024 and MCUP02-036/Treasure Valley Subdivision No. 3. The conditions and requirements also apply to MCUP03-052. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 25 We will require plans be submitted for a plan review for any food and beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location looks fine. The plan scale reflects that Wendy's waste enclosure may need to be enlarged. G. Adopt the Recommendations of the Idaho Transportation Department as follows: The ITD would like Ada County and the City of Meridian to help the Department preserve the SH 55, which has been designated as a Principal Arterial. The following conditions should be recognized: 1) future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) ifthe developer provides an internal frontage road type system to feeder roads. Access to a Principal Arterial Type N will be intersections only, and spaced at one mile intervals in rural aeeas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right-of--Way. H. Adopt the Recommendations from Sanitary Service as follows: 1. The enclosure locations look fine, but the plan scale reflects that Wendy's waste enclosure may need to be enlazged. L Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. The applicant, in their letter through BRS Architects dated 11/04/03, provides for the following information for Condition #10 of the Staff report: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 25 a. The drive-thru configuration has been revised for the Starbucks allowing a minimum 7 car stack. b. The future pad layout has been revised and the associated parking to meet the MCC requirements. c. The applicant shall be submitting a Final Plat but will not be requesting a PUD approval or providing additional amenities. d. The applicant has provided added glazing to the west elevation for the future pad building. e. The applicant shall be providing an all weather access to the north as agreed to by the adjacent property owner and the Meridian Fire Department. Cross-access agreements shall be provided. 2. The applicant shall only be issued one building permit and certificate of occupancy for this single lot until such time as the Final Plat is submitted, approved and recorded. 3. The applicant was given approval by the Fire Department to provide a temporary turnaround with an all weather surface capable ofhandling 70,000 pounds, until such time as there is an approved building to the north of the property. 4. Pertaining to drive-thrus, the applicant shall be taking 9' more to the south for a drive-thru, and provide a concrete curb barrier between the two drive-thrus, between Stazbucks and Wendy's. Additionally, no other drive-thrus will be permitted on this lot. 5. ACross-Access Agreement is provided for within the Declaration Of Covenants, Conditions, Easements And Restrictions For Crossroads Business Center located under paragraph 3. Easements, and in particulaz at subsections 3.2 and 3.3. 6. The applicant submitted a revised Site Plan to the Clerk's office with the following information: Title: Wendy's/Stazbucks -Treasure Valley Business Center, Sheet CU-2, Drawn by: BRS, Date: 8/28/03; Revised 12/3/03, Job No. 02065.06, and this plat is hereby approved. 13. It is found that the subject property is large enough to accommodate the proposed uses, but only assuming the 6,500 sq. ft. future pad is not 100% retail uses. All minimum yard, building setbacks, landscape setbacks and parking standazds are met as shown on the Site Plan. Since the original application, the applicant submitted a revised calculation for the number of required pazking stalls for the Wendy's and Stazbucks/Kinkoshuildings. MCC 11-13-5 requires five FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 25 (5) stalls per customer drive-thru window plus one (1) stall for every 200 sq. ft. of floor area (for restaurant and retail uses). Using this factor, Wendy's will require 24 stalls, Starbucks will require 13 stalls and Kinkos will require 18 stalls - for a total of 55 stalls for these two buildings. If the 6,500 sq. ft. building were 100% retail, a minimum of 33 stalls would be required. Therefore, it is found that the site could accommodate the proposed buildings but only if the future building is a use that demands less parking than retail (e.g. office). Another option is to reduce the size of the future building and still provide a dominantly retail use. (Note: Since the original submittal, the applicant provided a revised drawing which reduces this building from 6,500 sq. ft. to 5,000 sq, ft.) It is also found that the drive-thru stacking depth shown for the Starbucks may not be adequate to provide a safe traffic circulation pattern on the site. The stacking is adequate for approximately four (4) standard vehicles (15' length) without impeding the parking area in front of Starbucks. It is recommended that the customer window be moved further north on the building's east elevation to provide for additional stacking. (See Council action from their December 2, 2003 meeting, letter I. l .a. herein below.) 14. The 2002 Comprehensive Plan Land Use Map designates the property as "industrial". However, it is found that there is a recorded Development Agreement tied to this property which pre-dates the Comprehensive Plan and allows for uses other than light industrial, including the proposed restaurant and service uses. The proposed uses are compatible with the auto-oriented nature and existing uses in this area (e.g. Crossroads Shopping Center, Primary Health, Krispy Kreme). It is further found that the project substantially meets the requirements of the Zoning Ordinance, with the exception of the Planned Development (PD) chapter (MCC-12-6). MCC-12- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 25 6-2.A requires that all PDs provide at least two amenities. The code does not differentiate between residential and non-residential PDs nor does it set a minimum project area. There does not appear to be any amenities proposed for this project. It is recommended the following two options be considered (See Staff report Site Specific Condition #3): a. Approve the application as submitted with a condition that only one building be constructed at this time, until the plat for Treasure Valley Business Center -Phase 3 is recorded. (The existing lot is permitted one building permit without a PD application. This option would avoid the requirement to provide amenities.) b. Revise the Site Plan and application form to provide the required amenities in accordance with MCC-12-6-2.A. (Under this option a public hearing would be continued to review any revised documents.) (See Council action from their December 2, 2003 meeting under I. 1. c.) 15. It is found that the design concept to be compatible with the intended character of the area (commercial and auto-oriented). The proposed elevations and building materials will complement the Krispy Kreme and Primary Health buildings. The proposed Eagle Road landscaping is consistent with landscaping both north and south of the site. There are two outstanding questions related to the proposed building elevations the applicant should address: a. The west elevation of the future pad building, which is oriented to Olive Avenue, should be further enhanced with windows to improve the street appeal and provide a more pedestrian fiiendly atmosphere along Olive Avenue. b. The west elevation of the future pad building also shows four (4) delivery doors. However, the site plan does not show a sidewalk to serve these doors. (Note: Since the original submittal, the applicant provided a revised elevation that shows the delivery doors on the north elevation (vs. the west), where a sidewalk is proposed and will serve these doors.) The existing character of the property to be developed is service oriented. The proposed development will not change the existing character of the area and will not adversely change the essenfial character of the azea. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 25 16. It is not anticipated that the proposed development will have an adverse impact on the majority of the surrounding property. All proposed uses involve indoor activities and the access points to Olive and Florence Streets are restricted to provide for a safe traffic. pattern. 17. It is found that the proposed use will be served adequately by all the essential public services and facilities. The ACHD Commission previously approved the preliminary plat for TVBC -Phase 3, which included this lot. The Meridian Fire Department submitted a memo dated 10-16-03 which recommends several standard conditions on the project. These conditions have been included in the recommended conditions of approval. 18. It is found that the proposed use will not create additional requirements at public cost for public services and facilities. Said facilities already exist to serve the development. Other improvements such as lighting, landscaping, and traffic control devices will be funded by the developer. 19. It is found that the proposed commercial and restaurant uses will not involve any activities or condifions that will be detrimental to any persons or property. Increased traffic concerns have been addressed by ACHD in their report for TVBC -Phase 3. 20. It is found that the vehiculaz approaches to the property are designed so as not to significantly interfere with existing street traffic. To help ensure the vehicle/parking lot design does not adversely impact adjacent properties, it is recommended that the developer record a cross-access easement with the lot to the north (Lot 10, Block 1 of TVBC Subdivision No. 1) in order to ensure this development has two points of access. It is further found that the approved preliminary plat for TVBC -Phase 3 provides internal vehicular cross access between the buildings. Since this application is for a single lot, a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 25 cross parking easement is not necessary. (See Council action taken at their December 2, 2003 under letter I. 5.) 21. It is found 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 by the issuance of this conditional use. 22. The City Council recognizes the opposition letter submitted into record by Yellow Transportation, Inc. dated November 26, 2003. CONCLUSIONS OF LAW 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 (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. 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 condifional 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 25 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, parking, landscaping and other features as maybe required by this Ordinance; b. That the proposed use and development plan will be hannonious 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; 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 Light Industrial (I-L), 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 25 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, 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) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 25 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. 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 Planned Development to site three (3) buildings on Lot 11 and to construct two drive-thru facilities on the lot, located on the northwest corner of North Eagle Road and East Florence Street, Meridian, Idaho. The proposed Wendy's/Starbucks/Kinkos with auxiliary drive-thrus is 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 Planning and Zoning Commission, as follows: Site Specific Conditions 1. Landscaping adjacent to Eagle Road/SH 55 shall be installed per the approved landscaping plan with TVBC-Phase 3 (35'buffer). A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance. Said plan shall make the following modifications: a. Add one (1) tree in the E. Florence street buffer (minimum of seven trees required); b. Correct the "E. Jewell" street label to be "Olive Avenue." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 25 All required perimeter landscaping for Lot 11, Block 1 shall be installed at the time of the first building permit on the site. 2. The drive-thru service window on the east elevation of the Stazbucks/Kinkos building shall be relocated at least 30 feet to the north (based on the original floorplan and elevation) to increase the vehicle stacking depth to a minimum of five (5) vehicles. (Council Note: the revised floorplan and east elevation conforms to this condition.) 3. plat fo submitted for building permits. 4. The off-site driveway at the north property line shall be installed per Meridian Fire Department specifications and be at least 20 feet wide, all-weather surface, and installed prior to the issuance of the first Certificate of Occupancy on the site. Additionally, applicant is responsible to ensure that a cross parking agreement is in place among the three proposed buildings upon any future re-subdivision of Lot 11, Block 1. 5. The west elevation of the future pad building (see Sheet CU-5) shall be further enhanced with windows to improve the street appeal and provide a more pedestrian friendly atmosphere along Olive Avenue. Alternatively, rotate the building so the rear of the building is facing north. Ifthe building is not rotated, submit a revised Site Plan to extend sidewalks to the west side of the future building pad to serve the delivery doors. (Council Note: the revised elevation conforms to this condition.) 6. A traffic control sign shall be installed in the landscape planter located between the drive-thnr aisle of the Wendy's building and the drive-thru aisle of the 5tazbucks/Kinkos building to alert drivers of a congested area. Said sign should read "Slow," "Yield," or a similar cautionary statement. 7. The applicant shall submit a revised Site Plan (Sheet CU-1) that makes the following corrections: a. Delete keynotes #1 and #4. (The ITD curb cut is further north than shown and Olive Ave. does not have a decel lane.) b. Correct the "Pazking Required" figures under the "Site/Building Data" table to reflect MCC 11-13-5. 8. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 9. The development of this property shall be in conformance with the approved Planned Development, per File #CUP-02-036. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The applicant shall construct only one building on Lot 11, Block 1 of TVBC No. 1 until the r TVBC -Phase 3 is recorded. After said recordation, the other two buildings may he PAGE 18 OF 25 General CUP Conditions 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 2. A Certificate ofZoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. 3. Any drainage areas (detenfion/retention basins) must be designed to ensure that water will percolate or discharge within a period of timehot to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3:1. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12- 4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. 7. No signs are approved with this application. Applicant shall apply for a planned sign program for the three (3) proposed buildings prior to any signage being approved on Lot 11, Block 1 of TVBC No. 1. 8. All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 11-13. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 19 OF 25 B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That afire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for flee protecfion will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7. Vertical cleazance for driveways shall be 13'6", this may affect tree placement in landscaping areas. The driveway shall have a clear driving surface which is 20' wide available at all times. C. Adopt the Recommendations of the Ada County Highway District as follows: On November 13, 2002, the Ada County Highway District Commissioners acted on MPFP02-024 and MCUP02-036/Treasure Valley Subdivision No. 3. The conditions and requirements also apply to MCUP03-052. D. Adopt the Recommendafions of the Nampa & Meridian Irrigation District as follows: If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 25 1. We will require plans be submitted for a plan review for any food and beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location looks fine. The plan scale reflects that Wendy's waste enclosure may need to be enlarged. G. Adopt the Recommendations of the Idaho Transportation Department as follows: The ITD would like Ada County and the City of Meridian to help the Department preserve the SH 55, which has been designated as a Principal Arterial. The following conditions should be recognized: 1) future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporarybasis as follows: (1) Allowed until state highway system is improved by a construction prof ect at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right-of--Way. H. Adopt the Recommendations from Sanitary Service as follows: 1. The enclosure locations look fine, but the plan scale reflects that Wendy's waste enclosure may need to be enlarged. I. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: The applicant, in their letter through BRS Architects dated 11/04/03, provides for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 25 following information for Condition #10 of the Staff report: a. The drive-thru configuration has been revised for the Stazbucks allowing a minimum 7 car stack. b. The future pad layout has been revised and the associated parking to meet the MCC requirements. c. The applicant shall be submitting a Final Plat but will not be requesting a PUD approval or providing additional amenities. d. The applicant has provided added glazing to the west elevation for the future pad building. e. The applicant shall be providing an all weather access to the north as agreed to by the adjacent property owner and the Meridian Fire Department. Cross-access agreements shall be provided. 2. The applicant shall only be issued one building permit and certificate of occupancy for this single lot until such time as the Final Plat is submitted, approved and recorded. 3. The applicant was given approval by the Fire Department to provide a temporary turnaround with an all weather surface capable of handling 70,000 pounds, until such time as there is an approved building to the north of the property. 4. Pertaining to drive-thrus, the applicant shall be taking 9' more to the south for a drive-thru, and provide a concrete curb barrier between the two drive-thrus, between Starbucks and Wendy's. Additionally, no other drive-thrus will be permitted on this lot. 5. ACross-Access Agreement is provided for within the Declaration Of Covenants, Conditions, Easements And Restrictions For Crossroads Business Center located under paragraph 3. Easements, and in particular at subsections 3.2 and 3.3. 6. The applicant submitted a revised Site Plan to the Clerk's office with the following information: Title: Wendy's/Stazbucks -Treasure Valley Business Center, Sheet CU-2, Drawn by: BRS, Date: 8/28/03; Revised 12/3/03, Job No. 02065.06, and this plat is hereby approved. 2. 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. 3. 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 and then a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 25 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 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 platfing, 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.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 25 NOTICE OF RIGIIT 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 for Judicial Review maybe filed. By action of the City Council at its regulaz meeting held on the ~ day of ~~~~~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ` DATED: ~2-1~-D3 MOTION: APPROVED: 1~ DISAPPROVED: ~~~~.~ Mayor Ro 'e Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 25 G. Berg, Jr., Copy served upon Applicant, Planning Department and the City Attorney. By: ~~ City Clerk Z:\WorkNl~MeridianVvleridian 15360M~Wendys Sharbucks FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT \\ \\\\\VNIIII Ii I%/!!/!i \\ ~ QF ME-r~J~rr~.i G~\~GGRPG~T~O"°"N -_ s~~L = T ^~ .s `r/... '~~~fl ~` /oaPa~ ~~ FO M Us ,,\T1ST•% \,. PAGE 25 OF 25 Works -/ ~ 03 BEFORE THE MERH)IAN CITY COUNCIL C/C 12-02-03 IN THE MATTER OF THE APPLICATION OF ) WENCO, INC., FOR A CONDITIONAL USE ) PERMIT TO CONSTRUCT TWO BUILDINGS FOR ) WENDY'S/STARBUCKS/KINKOS WITH DRIVE- ) THRUS AND A 6,500 SQUARE FOOT RETAIL PAD ) IN AN I-L ZONE, LOCATED ON THE NORTHEAST ) CORNER OF OLIVE AVENUE AND E. FLORENCE ) STREET, AND IS ALSO KNOWN AS LOT 11, ) BLOCK 1 OF TREASURE VALLEY BUSINESS ) CENTER SUBDIVISION, MERIDIAN, H)AHO ) WENCO, INC. ) APPLICANT. ) CASE NO. CUP-03-052 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 2~ day of December, 2003, 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: 1. That the Applicant, Wenco, Inc., is granted a condifional use for a Planned Development to site three (3) buildings on Lot 11 and to construct two drive-thru facilities on the lot located on the northeast comer of Olive Avenue and E. Florence Street, and is also known as Lot 11, Block 1 of Treasure Valley Business Center Subdivision. The proposed Wendy's/Starbucks/Kinkos is proposed on Lot 11, Block 1, Treasure Valley Business Center Subdivision, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMTI' - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 1 OF 9 2. That the above named applicant is granted a conditional use permit for a Planned Development to site three (3) buildings on Lot 11 and to construct two drive-thnr facilities on the lot located on the northeast corner of Olive Avenue and E. Florence Street, and is also known as Lot 11, Block 1 of Treasure Valley Business Center Subdivision. The proposed Wendy's/Starbucks/Kinkos is proposed on Lot 11, Block 1, Treasure Valley Business Center Subdivision, Meridian, Idaho. The proposed Wendy's/Starbucks/Kinkos is 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 Planning and Zoning Commission, as follows: Site Sroecific Condifions Landscaping adjacent to Eagle Road/SH 55 shall be installed per the approved landscaping plan with TVBC-Phase 3 (3Ybuffer). A detailed landscape plan shall be submitted with the Certificate of Zoning Compliance. Said plan shall make the following modifications: a. Add one (1) tree in the E. Florence street buffer (minimum of seven trees required); b. Correct the "E. Jewell" street label to be "Olive Avenue." All required perimeter landscaping for Lot 11, Block 1 shall be installed at the time of the first building permit on the site. 2. The drive-thnx service window on the east elevation of the Starbucks/Kinkos building shall be relocated at least 30 feet to the north (based on the original floorplan and elevation) to increase the vehicle stacking depth to a minimum of five (5) vehicles. (Council Note: the revised floorplan and east elevation wnforms to this condition.) 3. The applicant shall construct only one building on Lot 11, Block 1 of TVBC No. 1 until the plat for TVBC -Phase 3 is recorded. After said recordation, the other two buildings may be submitted for building permits. 4. The off-site driveway at the north property line shall be installed per Meridian Fire Department specifications and be at least 20 feet wide, all-weather surface, and installed prior to the issuance of the first Certificate of Occupancy on the site. Additionally, applicant is responsible to ensure that a cross parking agreement is in place among the three proposed buildings upon any future re- subdivision of Lot 11, Block 1. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 2 OF 9 5. The west elevation of the future pad building (see Sheet CU-5) shall be further enhanced with windows to improve the street appeal and provide a more pedestrian friendly atmosphere along Olive Avenue. Alternatively, rotate the building so the rear of the building is facing north. If the building is not rotated, submit a revised Site Plan to extend sidewalks to the west side of the future building pad to serve the delivery doors. (Council Note: the revised elevation conforms to this condition.) 6. A traffic control sign shall be installed in the landscape planter located between the drive-thru aisle of the Wendy's building and the drive-thnx aisle of the Starbucks/Kinkosbuflding to alert drivers of a congested area. Said sign should read "Slow," "Yield," or a similar cautionary statement. 7. The applicant shall submit a revised Site Plan (Sheet CU-1) that makes the following corrections: a. Delete keynotes #1 and #4. (The ITD curb cut is further north than shown and Olive Ave. does not have a decel lane.) b. Correct the "Parking Required" figures under the "Site/Building Data" table to reflect MCC 11-13-5. 8. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 9. The development of this property shall be in conformance with the approved Planned Development, per File #CUP-02-036. General CUP Conditions 1. 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 maybe 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 anyrequest for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 2. A Certificate of Zoning Compliance (CZC) and a Building Permit shall be obtained prior to the start of construction. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 3 OF 9 Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3:1. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12- 4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigarion/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. No signs are approved with this application. Applicant shall apply for a planned sign program for the three (3) proposed buildings prior to any signage being approved on Lot 11, Block 1 of TVBC No. 1. 8. All development and construction shall comply with the Americans with Disabilities Act. 9. All parking and circulation within the project shall be incompliance with MCC 11-13. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That afire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 4 OF 9 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants are required before combusfible construction begins. 6. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 7. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 8. The driveway shall have a clear driving surface which is 20' wide available at all times. C. Adopt the Recommendations of the Ada County Highway District as follows: On November 13, 2002, the Ada County Highway District Commissioners acted on MPFP02-024 and MCUP02-036/Treasure Valley Subdivision No. 3. The conditions and requirements also apply to MCUP03-052. D. Adopt the Recommendafions of the Nampa & Meridian Irrigation District as follows: If any surface drainage leaves the site, a Land Use Change application must be filed. 2. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. 4. Comply with Idaho Code 31-3805. E. Adopt the Recommendations of Central District Health Department as follows: We will require plans be submitted for a plan review for any food and beverage establishment. F. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Location looks fine. The plan scale reflects that Wendy's waste enclosure may ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 5 OF 9 need to be enlarged. G. Adopt the Recommendations of the Idaho Transportation Department as follows: The ITD would-like Ada County and the City of Meridian to help the Department preserve the SH 55, which has been designated as a Principal Arterial. The following conditions should be recognized: 1) future right of way widths will be, A:120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) ifthe developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type N will be intersections only, and spaced at one mile intervals in rural azeas and one-half mile intervals in urban azeas. Approaches (other than intersections) maybe permitted in special cases and on a temporazybasis as follows: (1)Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right-of--Way. H. Adopt the Recommendations from Sanitary Service as follows: 1. The enclosure locations look fine, but the plan scale reflects that Wendy's waste enclosure may need to be enlarged. I. Adopt the action of the City Council taken at their December 2, 2003 meeting as follows: For clarification: 1. The applicant, in their letter through BRS Architects dated 11/04/03, provides for the following information for Condition #10 of the Staff report: a. The drive-thru configuration has been revised for the Stazbucks allowing a minimum 7 car stack. b. The future pad layout has been revised and the associated parking to meet the MCC requirements. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 6 OF 9 c. The applicant shall be submitting a Final Plat but will not be requesting a PUD approval or providing additional amenities. d. The applicant has provided added glazing to the west elevation for the future pad building. e. The applicant shall be providing an all weather access to the north as agreed to by the adjacent property owner and the Meridian Fire Deparhnent. Cross-access agreements shall be provided. 2. The applicant shall only be issued one building permit and certificate of occupancy for this single lot until such time as the Final Plat is submitted, approved and recorded. 3. The applicant was given approval by the Fire Department to provide a temporary turnaround with an all weather surface capable of handling 70,000 pounds, until such time as there is an approved building to the north of the property. 4. Pertaining to drive-thrus, the applicant shall be taking 9' more to the south for a drive-thru, and provide a concrete curb barrier between the two drive-thrus, between Starbucks and Wendy's. Additionally, no other drive-thrus will be permitted on this lot. 5. ACross-Access Agreement is provided for within the Declaration Of Covenants, Condifions, Easements And Restrictions For Crossroads Business Center located under paragraph 3: Easements, and in particular at subsections 3.2 and 3.3. 6. The applicant submitted a revised Site Plan to the Clerk's office with the following information: Title: Wendy's/Starbucks -Treasure Valley Business Center, Sheet CU-2, Drawn by: BRS, Date: 8/28/03; Revised 12/3/03, Job No. 02065.06, and this plat is hereby approved. 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. Nofice 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 the permit. 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY' S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 7 OF 9 eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must wmmence 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 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 8 OF 9 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 for Judicial Review maybe filed. / ~ By action of the City Council at its regular meeting held on the / ~ -day of ,~~ 2003. Attest: William G. Berg, Jr., Robert D. rrie, `~,~~~~1Vp~44tfp,4',jsrv of Meridian .~`oy pF e~'jO> ~'~. 3„_ $EAI, Copy served upon Applicant, the and City Attorney. OM a .~O ZsT ~sS • ~ 9 ., .O~ By~ ~-' Dated: City Clerk Public vVorl~g,laap~)nent ~.~`~~ OF l~f}?1p~''%~ G~ ~?°o~Pa~rF "S'~y l2-1~-03 Z:\Work\MwferidianNgeridian 15360M\Wendys Starbucks Kinkos CUP-03-052\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - WENDY'S/STARBUCK/ KINKOS BY WENCO, INC. (CUP-03-052) PAGE 9 OF 9 '~ 90'~''~T 1St •,9o~.rp ~\