HomeMy WebLinkAboutCUP 03-051 Starbuck's
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A COFFEE
SHOP WITH A DRIVE- THRU IN A
CoG ZONE, LOCATED ON THE
NORTHEAST CORNER OF
MERIDIAN ROAD AND
CORPORATE DRIVE, JUST WEST
OF MAIN STREET, AND IS ALSO
KNOWN AS LOT 2, BLOCK 1 OF
WENCO SUBDIVISION,
MERIDIAN, IDAHO
WEN CO, INC.,
APPLICANT
C/C 12/02/03
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Case No. CUP-03-051
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use pennit application having come before the City
Council on December 2,2003 at the hour of7:00 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 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 AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIDNAL USE PERMIT
PAGE 1 OF 20
FINDINGS OF FACT
1.
A notice of a public hearing on the conditional use pennit 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 a CoG zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 2 OF 20
Council on this application.
4.
The property is located on the northeast comer of Corporate Drive and Meridian
Road, just west of Main Street, and is also known as Lot 2, Block I of Wen co Subdivision,
Meridian, Idaho, 83642. The following uses surround the subject property:
North - Vacant pad sites and parking for Blimpie's and Round Table restaurants,
zoned CoG
South - Taco Bell and Bolo's restaurants, zoned CoG
East - Wendy's restaurant, zoned CoG
West - Vacant, zoned L-O
5.
The owners of record of the subject property are Dale F. and Kathy Nagy, C/O
Wenco, Inc., and they have given their consent for the applicant to submit the requested
conditionaI use pennit.
6.
Applicant is Wenco, Inc. The applicant, Wenco, Inc., has requested approvaI of a
ConditionaI Use Permit (CUP) for the construction of a new Starbuck's Coffee Shop with a
drive-thru located on the northeast corner of Meridian Street and Corporate Drive. The proposed
coffee shop is proposed on Lot 2, Block 1, Wenco Subdivision and is located west of Wendy's
Restaurant and north of a Taco Bell restaurant. The applicant is required to apply for a CUP
because drive-thru establishments are a Conditional Use in the CoG zone.
7.
The subject property is currently zoned CoG (General Retail and Service
Commercial). The zoning district of CoG is defined within the City of Meridian Zoning and
Development Ordinance, Section I 1-7-2. This site has been the subject oftwo development
applications in the recent past. On February 19, 2002, the City Council approved a Conditional
Use Pennit (CUP-01-028), the parking lot, perimeter landscaping and an overall, conceptual, site
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 3 OF 20
plan were reviewed and approved by the City. On March 1, 2002, the City Council approved a
two-lot subdivision (Wenco, PFP-01-007) that separated the Wendy's pad site from the subject
Starbuck's pad site. Except for the four proposed parking staIls directly east of the proposed
building, the parking lot and the majority of the perimeter landscaping improvements shown on
the submitted site and landscape plans currently exist on the subject lot.
8.
The proposed application requests a conditional use pennit for a coffee shop with
a drive-thru. The Zoning Schedule of Use Control shows that all drive-thru facilities require a
ConditionaI Use Permit in the CoG zone (City of Meridian 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 "Commercial".
10.
The use proposed within the subject application will in fact, constitute a
conditionaI use as detennined by City Ordinance.
11.
The Meridian City Council takes judiciaI 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
FINDINGS OF FACT AND CONCLUSIDNS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 4 OF 20
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:
5.
6.
7.
1.
Landscaping/Street Buffers: Provide a 25-foot wide landscape buffer along Meridian
Road, as shown on the submitted landscape plan prepared by BRS Architects, Sheet
L-1, dated 9-03-03.
2.
Parking: All parking and areas of circulation shall be improved with a hard surface,
and striped in accordance with ADA, as previously approved with CUP-01-028 and
as shown on the submitted site plan, prepared by BRS Architects on 8-20-03. If
modifications are needed to accommodate the street buffer on Meridian Road, the
applicant shall submit a revised site plan to P & Z staff showing said modifications at
least 10 days prior to the next public hearing. The required parking for Lot 1 & 2,
Block I, Wenco Subdivision shall not drop below the required 33 stalls.
3.
Cross-Access: The submitted site plan shows off-site vehicular access points to
Meridian Road, and Corporate Drive. A cross-access easement has not been
submitted to P & Z staff for this lot to use the approved off-site access points.
Therefore, the Applicant shall submit a copy of a recorded cross-access
ingress/egress easement and parking agreement for the subject lot to utilize the access
points and parking on Lot I, Block 2, Wenco Subdivision prior to issuance of a
Certificate of Zoning Compliance (CZC).
4.
Signs: All signage shall be in accordance with the standards set forth in MCC 11-14.
All signage is subject to design review and shall require separate pennits.
Lighting: All exterior lighting, whether attached to the building or located within the
parking lot, shaIl be down-shielded or otherwise aItered so that the light does not spill
over onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
Accessibility: All construction and site improvements shall confonn to the
requirements of the Americans with Disabilities Act.
Stonnwater: 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. Stonn water treatment and disposal must be designed
in accordance with Department ofEnvironmentaI Quality 1997 publication Catalog
of Stonn Water Best Management Practices for Idaho Cities and Counties and City of
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 5 OF 20
B.
Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding ShaIlow Injection Wells.
8.
Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or
sight obscuring fence at least four feet in height in accordance with MCC ll-12-1C.
Coordinate location and construction requirements with Sanitary Services, Inc.
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 fonn
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.
10.
A Certificate of Zoning Compliance (CZC) and a Building Pennit shall be obtained
prior to the start of construction.
Adopt the Recommendations of the Meridian Fire Department as follows:
4.
6.
7.
C.
1.
That a fire-flow as required by the InternationaI Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of350' 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.
All internal & external roads shaIl have a turning radius of28' inside and 48' outside.
5.
OperationaI fire hydrants are required before combustible construction begins.
No vertical obstructions or mature landscaping which obstructs the outlets ofthe fire
hydrant within 10'.
The driveway shaIl have a clear driving surface which is 20' wide available at all times.
Adopt the Recommendations of the Ada County Highway District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 6 OF 20
D.
E.
F.
G.
2.
3.
13.
1. On January 2, 2002, the Ada County Highway District Commissioners acted on
MPFPOl-007/Wenco Subdivision. The conditions and requirements also apply to
MCUP03-051.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.
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.
Adopt the Recommendations of CentraI District HeaIth Department as follows:
1.
We will require plans be submitted for a plan review for any beverage
establishment.
Adopt the Recommendations of the Sanitary Service Company as follows:
1.
Location and access looks good.
Adopt the action of the City Council taken at their December 2,2003 meeting as follows:
For clarification:
1.
There is a cross access agreement with Rick Thomas north of the property.
Pertaining to the landscape buffer on Meridian Road, ACHD owns the 10' on the
west side of the landscape buffer on Meridian Road, and presently the buffer is 25'
wide but after the road is widened by ACHD it will result in a 15' wide buffer, which
will then match the existing buffers to the north and south of the parcel, and this
buffering is approved.
Additional signage shall be provided to encourage customers to enter the site from
Corporate Drive rather than from Meridian Road. Access from Meridian Road will
be difficult for the drive-thru.
As part of the approvaI for CUP-Ol-028 (Wendy's), parking spaces with alternative
dimensions have been constructed on this site. The applicant requested, and the City approved, 17-
FINDINGS OF FACT AND CONCLUSIDNS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIDNAL USE PERMIT
PAGE 7 OF 20
foot long standard parking spaces and 13-foot long compact staIls for this site. Because the City
previously reviewed and approved the existing parking lot layout and stall dimensions, it is
recommended that the Applicant be able to utilize the existing facilities and construct four (4)
additionaI stalls as proposed (Staff report Site Specific Requirement #2).
On the submitted site plan the applicant is showing a substandard landscape buffer along
Meridian Road, a defined Entryway Corridor. A 35-foot wide buffer is required by Meridian City
Code (MCC) 12-13-10-4 along EntrywayCorridors. A 25-footwide landscape buffer was previously
approved for this site along Meridian Road by the City through the CUP process for the Wendy's
drive-thru. MCC 12-13-10-2 states that all required (street) buffers shall be located beyond any street
right-of-way. Since the approval of the CUP for the Wendy's, an additional 10 feet of right-of-way
(40 feet total from centerline) has been dedicated to ACHD. On the submitted site and landscape
plans, a 25-foot wide buffer is depicted. However, 10 feet ofthe proposed buffer are off-site and lie
within the jurisdiction of ACHD. It is anticipated that Meridian Road will be widened in the future,
significantly reducing or removing a large portion of the Applicant's proposed street buffer. When
Meridian Road is widened the buffer between the drive-thru and the street would be 15 feet wide
(measured from the current right-of-way line to the edge of the drive-thru lane); the MCC requires a
35-foot landscape buffer. In accordance with the previously approved subdivision conditions for
Wenco, it is recommended that the applicant provide a 25-foot wide landscape buffer along Meridian
Road, measured from the existing right-of-way line to the edge of the drive-thru lane and/or building
(Staff report Special Considerations).
NOTE: With the 4 additional parking stalls and the 52 existing parking stalls (56 total), the
proposed site plan exceeds code requirements by 23 staIls. It appears that the applicant could meet
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 8 OF 20
the previously approved 25- foot wide landscape buffer for Meridian Road and provide the required
parking spaces by removing approximately 6 stalls and modifying the drive aisle on the west side of
the parking lot.
It is found that the site is large enough to accommodate the proposed use and all yards, open
spaces, parking and landscaping required by this Ordinance except as noted above.
14.
The Comprehensive Plan Land Use Map designates the property as
"Commercial". The purpose of the commercial designation, as defined in Chapter 7 of the
Meridian Comprehensive Plan, is to "provide a full range of commercial and retail to serve area
residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family
residential, as well as appropriate public uses such as government offices". It is found that the
proposed coffee shop use is consistent with the Comprehensive Plan. Further, it is found that the
proposed use is in compliance with Title I I of the Meridian City Code.
15.
It is found that the proposed use, design, construction, operation and maintenance
should be compatible with the other restaurant type uses found in the generaI vicinity, including
KFC/A&W, Taco Bell, Wendy's, Round Table Pizza and Bolo's. The Taco Bell directly to the
south and the Wendy's directly to the east aIso have drive-thrus. It is found that the design of the
Starbuck's drive-thru is compatible with the other drive-thrus and uses in the general vicinity. It
is found that the use will not adversely change the existing or intended character ofthe general
vicinity.
16.
It is found that the proposed uses should not have an adverse affect on the other
property in the vicinity.
17.
The subject site has frontage on Meridian Road (120') and Corporate Drive (121 ')
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 9 OF 20
but does not have any approved access points to either street. It appears that access to Meridian
Road, Main Street and Corporate Drive are provided to the site via shared driveways that were
previously approved by ACHD. However, the Planning and Zoning Department does not have
copies of any recorded documents that grant access to the public street system to the subject Lot
2, Block 1, Wenco Subdivision. It is recommended that the applicant provide the Planning and
Zoning Department with a recorded copy of a cross-access ingress/egress easement and parking
agreement for the subject site to use the existing drive aisles and parking on Lot 1, Block 1,
Wenco Subdivision (Staff report Site Specific Requirement #3). Water and sanitary sewer
service to the project is readily available to the site.
18.
If approved, the developer will be required to finance the extension of sewer,
water, utilities and pressurized irrigation to serve the project. The primary public costs to serve
the site will be fire and police services. It is found that there will not be excessive additional
requirements at public cost and that the proposed use will not be detrimentaI to the community's
economic welfare.
19.
According to the ACHD traffic count taken on 2-7-01 there were 14,939 vehicle
trips on Meridian Road, north of Corporate Drive, and 841 vehicle trips on Corporate Drive, east
of Meridian Road. On 5-23-02 there were 27,696 vehicle trips on Main Street, south of
Watertower Lane. It is found that the proposed use will create additional traffic on adjacent
arteriaI roads. Based on the ITE manuaI, this use (fast foot restaurant) is estimated to generate
694 additional vehicle trips per day. Although this is a sizeable amount of traffic, it is not
believed that it is excessive and will not be detrimentaI. It is not anticipated that the proposed
use will create excessive noise, smoke, fumes, glare, or odors.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 10 OF 20
20.
It is found that ACHD has previously approved the driveway locations and
acquired additional right-of-way when the Wendy's CUP and Wenco Subdivision were reviewed.
Traffic interference should have taken into account for said driveways when they were
previously approved.
NOTE: There was a note placed on the approved driveway to Meridian Road that
notifies the applicant that the driveway may be restricted by ACHD to right-inlright-out only
movements in the future. The driveway is currently striped for right-inlright-out and left-in
movements only.
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 conditionaI use.
CONCLUSIONS OF LAW
1.
The City of Meridian shall exercise the powers conferred upon it by the "LocaI
Land Use Planning Act of I 975" 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.
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 pennits which a
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISIDN AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 11 OF 20
proposed use is otherwise prohibited by the tenns of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4.
The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use pennit 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 § I 1-17-3)
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 generaI 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 disposaI, water, sewer; or that the person responsible for the establishment ofthe proposed
conditionaI 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 detrimentaI 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.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 12 OF 20
5.
Prior to granting a conditional use pennit in the General Retail and Service
CommerciaI (C-G), a public hearing shaIl 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 conditionaI use permit all in accordance with
the provisions of Meridian City Code § I I - I 7-5 City of Meridian Zoning and Development
Ordinance, which provides as follows:
"Prior to approving a ConditionaI Use Pennit, 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 shaIl 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 shaIl 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 pennit it may impose
conditions of that approval that reasonably:
A.
Minimize adverse impact on other development;
B.
Control the sequence and timing of development;
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 13 OF 20
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.
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 the
construction of a new Starbuck's Coffee Shop with a drive-thru located on the northeast corner of
Meridian Street and Corporate Drive. The proposed coffee shop is proposed on Lot 2, Block I,
Wenco Subdivision and is located west of Wendy's Restaurant and north of a Taco Bell
restaurant, 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 Planning and Zoning Commission, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 14 OF 20
1. Landscaping/Street Buffers: Provide a 25-foot wide landscape buffer along Meridian
Road, as shown on the submitted landscape plan prepared by BRS Architects, Sheet L- I, dated 9-03-
03.
2. Parking: All parking and areas of circulation shaIl be improved with a hard surface,
and striped in accordance with ADA, as previously approved with CUP-Ol-028 and as shown on the
submitted site plan, prepared by BRS Architects on 8-20-03. If modifications are needed to
accommodate the street buffer on Meridian Road, the applicant shall submit a revised site plan to P
& Z staff showing said modifications at least 10 days prior to the next public hearing. The required
parking for Lot 1 & 2, Block I, Wenco Subdivision shaIl not drop below the required 33 stalls.
3. Cross-Access: The submitted site plan shows off-site vehicular access points to
Meridian Road, and Corporate Drive. A cross-access easement has not been submitted to P & Z staff
for this lot to use the approved off-site access points. Therefore, the Applicant shaIl submit a copy of
a recorded cross-access ingress/egress easement and parking agreement for the subject lot to utilize
the access points and parking on Lot 1, Block 2, Wenco Subdivision prior to issuance of a Certificate
of Zoning Compliance (CZC).
4. Signs: All signage shall be in accordance with the standards set forth in MCC 11-14.
All signage is subject to design review and shall require separate pennits.
5. Lighting: All exterior lighting, whether attached to the building or located within the
parking lot, shaIl be down-shielded or otherwise aItered so that the light does not spill over onto
adjacent properties or right-of-way. All parking lot lighting shaIl be in accordance with Ordinance
11-13-4C.
6. Accessibility: All construction and site improvernents shall confonn to the
requirements of the Americans with Disabilities Act.
7. Stonnwater: A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shaIl be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. Stonn water treatment and disposal must be designed in accordance with Department
of Environmental Quality 1997 publication Catalog ofStonn Water Best Management Practices for
Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposaI into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
8. Trash: The trash enclosure shaIl be enclosed on at least 3 sides by a solid wall or
sight obscuring fence at least four feet in height in accordance with MCC 11-12-1C. Coordinate
location and construction requirements with Sanitary Services, Inc.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 15 OF 20
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 fonn 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.
10. A Certificate of Zoning Compliance (CZC) and aBuilding Pennit shaIl be obtained
prior to the start of construction.
B.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow as required by the InternationaI Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3.
Final approvaI of the fire hydrant locations shaIl be by the Meridian Fire Department.
4.
All internaI & external roads shaIl have a turning radius of28' inside and 48' outside.
5.
Operational fire hydrants are required before combustible construction begins.
6. No verticaI obstructions or mature landscaping which obstructs the outlets of the fire
hydrant within 10'.
7.
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:
1. On January 2, 2002, the Ada County Highway District Commissioners acted on
MPFP01-007/Wenco Subdivision. The conditions and requirements also apply to MCUP03-
051.
D.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.
If any surface drainage leaves the site, a Land Use Change application must be
filed.
2.
All lateraIs and waste ways must be protected.
3.
All municipal surface drainage must be retained on site.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 16 OF 20
E.
F.
G.
4.
Comply with Idaho Code 31-3805.
Adopt the Recommendations of CentraI District Health Department as follows:
1.
We will require plans be submitted for a plan review for any beverage establishment.
Adopt the Recommendations of the Sanitary Service Company as follows:
1.
Location and access looks good.
Adopt the action of the City Council taken at their December 2, 2003 meeting as follows:
For clarification:
1.
There is a cross access agreement with Rick Thomas north of the property.
2.
Pertaining to the landscape buffer on Meridian Road, ACHD owns the 10' on the west
side of the landscape buffer on Meridian Road, and presently the buffer is 25' wide but
after the road is widened by ACHD it will result in a 15' wide buffer, which will then
match the existing buffers to the north and south of the parcel, and this buffering is
approved.
3.
AdditionaI signage shall be provided to encourage customers to enter the site from
Corporate Drive rather than from Meridian Road. Access from Meridian Road will be
difficult for the drive-thru.
2.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approvaI 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
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
FINDINGS OF FACT AND CONCLUSIDNS OF
LAW AND DECISIDN AND ORDER GRANTING
CONDITIDNAL USE PERMIT
PAGE 170F20
Please take notice that the conditional use permit shaIl be vaIid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the pennit
holder must Commence the use as pennitted in accordance with the conditions of approvaI,
satisfY the requirements set forth in the conditions of approvaI, acquire building permits and
commence construction of permanent footings or Structures on or in the ground. In this context
"structures" shaIl 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 intervaIs, the conditional approvaI of the future phases shall be null and void. (MCC 11-17-
4.8.)
NOTICE OF 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 final decision concerning the matter at
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIDNAL USE PERMIT
PAGE 18 OF 20
issue. A request for a regulatory takings anaIysis will toll the time period within which a Petition
for JudiciaI Review may be filed.
By action ofthe City Council at its regular meeting held on the
{;£U#/,~ ,2003.
/ 6/~ day of
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED ~«-
COUNCILWOMAN TAMMY deWEERD
VOTED ~~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED$~
VOTED ---$--~
COUNCILMAN WILLIAM LM. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /2-(6-03
VOTED-
MOTION:
APPROVED:-L
DISAPPROVED:-
Attest:
~. .
~d(j4lô, ct.. - jJ,-q/X,¿.,A 0;' c-<d.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 19 OF 20
By: Dated:
City Clerk
Z:\Work\M\Meridian\Meridian IS360MlS<arbucks CUP-o3'()sl\Fæ~CUPO3-0S1.dœ
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 20 OF 20
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
WENCO, INC., FOR A CONDITIONAL USE )
PERMIT FOR A COFFEE SHOP WITH A )
DRIVE-THROUGH IN A CoG ZONE, LOCATED ON )
THE NORTHEAST CORNER OF MERIDIAN ROAD )
AND CORPORATE DRIVE, JUST WEST OF MAIN )
STREET, AND IS ALSO KNOWN AS LOT 2, BLOCK)
1 OF WENCO SUBDIVISION, MERIDIAN, IDAHO)
)
C/C 12-02-03
CASE NO. CUP-O3-051
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 2nd day of December, 2003, for final
action on conditional use pennit 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 conditional use for the construction of a new
Starbuck's Coffee Shop with a drive-thru located on the northeast comer of Meridian Street and
Corporate Drive. The proposed coffee shop is proposed on Lot 2, Block 1, Wenco Subdivision
and is located west of Wendy's Restaurant and north of a Taco Bell restaurant, Meridian, Idaho.
The requested conditionaI use is described in the legaI and vicinity map which are on file in the
Clerk's office located at Meridian City HaIl, 33 East Idaho, Meridian, Idaho.
2. That the above named applicant is granted a conditionaI use pennit for the construction of a
new Starbuck's Coffee Shop with a drive-thru located on the northeast corner of Meridian Street
and Corporate Drive. The proposed coffee shop is proposed on Lot 2, Block 1, Wenco
Subdivision and is located west of Wendy's Restaurant and north of a Taco Bell restaurant,
Meridian, Idaho, subject to the following conditions of use and development:
A.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - STARBUCK'S
BYWENCO, INC. (CUP-03-051)
PAGE 1 OF 6
modified by the Planning and Zoning Commission, as follows:
6.
7.
1.
Landscaping/Street Buffers: Provide a 25-foot wide landscape buffer along Meridian
Road, as shown on the submitted landscape plan prepared by BRS Architects, Sheet
L-1, dated 9-03-03.
2.
Parking: All parking and areas of circulation shall be improved with a hard surface,
and striped in accordance with ADA, as previously approved with CUP-01-028 and
as shown on the submitted site plan, prepared by BRS Architects on 8-20-03. If
modifications are needed to accommodate the street buffer on Meridian Road, the
applicant shall submit a revised site plan to P & Z staff showing said modifications at
least 10 days prior to the next public hearing. The required parking for Lot 1 & 2,
Block 1, Wenco Subdivision shall not drop below the required 33 stalls.
3.
Cross-Access: The submitted site plan shows off-site vehicular access points to
Meridian Road, and Corporate Drive. A cross-access easement has not been
submitted to P & Z staff for this lot to use the approved off-site access points.
Therefore, the Applicant shaIl submit a copy of a recorded cross-access
ingress/egress easernent and parking agreement for the subject lot to utilize the access
points and parking on Lot 1, Block 2, Wenco Subdivision prior to issuance of a
Certificate of Zoning Compliance (CZC).
4.
Signs: All signage shall be in accordance with the standards set forth in MCC 11-14.
All signage is subject to design review and shaIl require separate permits.
5.
Lighting: All exterior lighting, whether attached to the building or located within the
parking lot, shaIl be down-shielded or otherwise aItered so that the light does not spill
over onto adjacent properties or right-of-way. All parking lot lighting shaIl be in
accordance with Ordinance 11-13-4C.
Accessibility: All construction and site improvements shall confonn to the
requirements of the Americans with Disabilities Act.
Stonnwater: 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. Stonn water treatment and disposaI must be designed
in accordance with Department of EnvironmentaI Quality 1997 publication Catalog
ofStonn Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - STARBUCK'S
BY WENCO, INC. (CUP-03-051)
PAGE 2 OF 6
B.
authorization prior to development plan approvaI. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
8.
Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or
sight obscuring fence at least four feet in height in accordance with MCC 11-12-1C.
Coordinate location and construction requirements with Sanitary Services, Inc.
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 fonn
of a letter of credit or cash in the amount of 110% of the cost of the required
improvernents (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy. Any temporary occupancy wiIl not
exceed 60 days to complete the required improvements.
10.
A Certificate of Zoning Compliance (CZC) and a Building Pennit shall be obtained
prior to the start of construction.
Adopt the Recommendations of the Meridian Fire Department as foIlows:
2.
3.
4.
5.
6.
7.
1.
That a fire-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.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
FinaI approval of the fire hydrant locations shaIl be by the Meridian Fire Department.
All internaI & externaI roads shall have a turning radius of 2 8' inside and 48' outside.
OperationaI fire hydrants are required before combustible construction begins.
No vertical obstructions or mature landscaping which obstructs the outlets of the fire
hydrant within 10'.
The drivewayshaIl have a clear driving surface which is 20' wide available at all times.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - STARBUCK'S
BYWENCO, INC. (CUP-03-O51)
PAGE 3 OF 6
C.
D.
E.
F.
G.
Adopt the Recommendations of the Ada County Highway District as follows:
1.
On January 2,2002, the Ada County Highway District Commissioners acted on
MPFPOI-007/Wenco Subdivision. The conditions and requirements also apply to
MCUP03-051.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.
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 municipaI surface drainage must be retained on site.
4.
Comply with Idaho Code 31-3805.
Adopt the Recommendations of CentraI District HeaIth Department as follows:
1.
We will require plans be submitted for a plan review for any beverage
establishment.
Adopt the Recommendations ofthe Sanitary Service Company as follows:
1.
Location and access looks good.
Adopt the action of the City Council taken at their December 2,2003 meeting as follows:
For clarification:
1.
2.
3.
There is a cross access agreement with Rick Thomas north of the property.
Pertaining to the landscape buffer on Meridian Road, ACHD owns the 10' on the
west side of the landscape buffer on Meridian Road, and presently the buffer is 25'
wide but after the road is widened by ACHD it will resultina 15' wide buffer, which
will then match the existing buffers to the north and south of the parcel, and this
buffering is approved.
Additional signage shaIl be provided to encourage customers to enter the site from
Corporate Drive rather than from Meridian Road. Access from Meridian Road will
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - STARBUCK'S
BY WENCO, INC. (CUP-03-051)
PAGE 4 OF 6
be difficult for the drive-thru.
3. The above conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approvaI of the application for a conditional use permit.
4. Notice to Pennit 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 pennit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be vaIid 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 pennitted in accordance with the conditions of approval,
satisfY the requirements set forth in the conditions of approvaI, acquire building pennits and
commence construction of pennanent footings or structures on or in the ground. In this context
"structures" shaIl 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 shaIl 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 shaIl 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
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - STARBUCK'S
BY WENCO, INC. (CUP-03-O51)
PAGE 5 OF 6
original date of approval by the council. If the successive phases are not submitted within one
year intervaIs, the conditionaI approval of the future phases shaIl be null and void. (MCC 11-17-
4.B.)
NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking anaIysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the finaI 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 may be filed.
, .fÁ--
^. By ~c!ion of the City Council at its regular meeting held on the I G -day of
c/j.eC.e~ ,2003.
Attest:
By: Jld¿~~~?,.r}-.
City Clerk
Dated:
I}. -16 -fl3
..
Z:\WOIi<\MIMeridianIMeridian 1 5360MlStarbucks CUP-O3-O51\CUPOrder.doc
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT - STARBUCK'S
BY WENCO, INC. (CUP-03-O51)
PAGE 6 OF 6