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Human Bean RZ 15-010, CUP 15-014, ZOA 15-001ADA COUNTY RECORDER Christopher D. Rich ADA COUNTY RECORDER Christopher D. Rich 2015-097483 BOISE IDAHO Pgs=10 NIKOLA OLSON 2015-082090 BOISE IDAHO Pgs=48 VICTORIA BAILEY 10/21/2015 02:56 PM MERIDIAN CITY 09/03/2015 02:10 PM MERIDIAN CITY NO FEE NO FEE IIIIIIIIII IIIIIIIIIIIIIIIII 111111 IN 111111111111 0014152720150082090 011 00157927201500974830480489 - DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ada County Highway District, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this \ day of , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Ada County Highway District, whose address is 3775 Adams Street, Garden City, Idaho 83714, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 9.22 acres of land from the RUT zoning district in Ada County from R-4 (Low -Medium Density Residential) to the O -T (Old Town) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government DEVELOPMENT AGREEMENT—HUMAN BEAN (RZ— 15-010) PAGE 1 OF 8 �leA-sr_ ce_- c -e 3 c� Exi-i� b`�� b subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the I Ph day of August, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Ada County Highway District, whose address is 3775 Adams Street, Garden City, Idaho 83714, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT -HUMAN BEAN (RZ -15-010) PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Old Town (O -T) District and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A of the Findings of Fact and Conclusions of Law attached as Exhibit B, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, the Destination: Downtown vision plan, Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5 of the Findings of Fact and Conclusions of Law attached as Exhibit B; they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story structure for at least a portion of the building, or be functionally two stories. c. The applicant shall provide a garden wall -at the northeast corner of this site at the intersection of W. Cherry Lane and N. Meridian Road. An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation (MDC) and the Meridian Art's Commission (MAC) for the provision of these items. A detail of the garden wall shall be submitted with the Certificate of Zoning Compliance application d. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via N.W. 1St Street are allowed. e. Outdoor speakers are prohibited on this site. f. A cross -access easement shall be granted to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) for access to the driveway on the site via N. Meridian Road in accord with UDC 11 -3A -3A. A provision shall be added to the agreement that allows the owner/developer of the adjacent parcel to remove a section of the fence as necessary for access. A copy of the recorded easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application. The applicant shall work with the adjacent property owner to the south in determining the location of the DEVELOPMENT AGREEMENT - HuMAN BEAN (RZ -15-010) PAGE 3 of 8 ( mow) 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Old Town (O -T) District and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, the Destination: Downtown vision plan, Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5; they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story structure for at least a portion of the building, or be functionally two stories. c. The applicant shall provide a garden wall -at the northeast corner of this site at the intersection of W. Cherry Lane and N. Meridian Road. An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation (MDC) and the Meridian Art's Commission (MAC) for the provision of these items. A detail of the garden wall shall be submitted with the Certificate of Zoning Compliance application d. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via N.W. I" Street are allowed. e. Outdoor speakers are prohibited on this site. f. A cross -access easement shall be granted to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) for access to the driveway on the site via N. Meridian Road in accord with UDC 11 -3A -3A. A provision shall be added to the agreement that allows the owner/developer of the adjacent parcel to remove a section of the fence as necessary for access. A copy of the recorded easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application. The applicant shall work with the adjacent property owner to the south in determining the location of the DEVELOPMENT AGREEMENT -HUMAN BEAN (RZ-15-010) PAGE 3 OF 8 easement as well as inquiring if the owner would prefer to have the entire area landscaped or a driveway stub constructed with only a portion of the area landscaped at this time. If the owner prefers the stub is not constructed at this time, the easement should allow for the future construction of a driveway on the subject property. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - HUMAN BEAN (RZ - 15-010) PAGE 4 OF 8 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT - HUMAN BEAN (RZ - 15-010) PAGE 5 OF 8 O WNER/DEVELOPER: Ada County Highway District 3775 Adams Street Garden City, ID 83714 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. DEVELOPMENT AGREEMENT- HUMAN BEAN (RZ - 15-010) PAGE 6 OF 8 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Ada County Highway District ATTEST: Holman, City C CITY OF MERIDIAN Mayor y de Weerd O �OX,,JED AU�USl, city of E II�IANt IDAHO d SEAL 'ii DEVELOPMENT AGREEMENT—HUMAN BXNdRZ, ,L5�D1AM PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, 3 On this day of �, 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the(' , v n�\--3W of Ada County Hig ay District, and acknowledged to me that he executed the same on behalf of said district. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ,,NgNgapi�% �. V, LNotary Publico daho ` yp�.."'. Residing at: : p (` �OTAR My Commission Expires:,` pvBc,tc 0 of I'D STATE OF IDAHO ) ss County of Ada ) On this day of 2 -Se F?{1hbc� )t— , 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) I •,-L•9tiu •� 1 Notary Pu is fo Ida o Residingat: ail l Commission expires: )a yj Ll DEVELOPMENT AGREEMENT -HUMAN BEAN (RZ - 15-010) PAGE 8 OF 8 EXHIBIT A COMPASS LAND SURVEYING, P.L.L.C. 6940 N. Linder Road Meridian, Idaho 83646 Client: Rennison Engineering Date: April 30, 2015 REZONE DESCRIPTION Telephone: (208) 442-0115 Fax: (208) 327-2106 Email: jeffwb.cls@ri gmail.com A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Range 1West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the Northeast corner of said Northeast 1/4, from which a brass cap monument marking the Southeast corner of said Northeast 1/4 bears South 00°23'19" West, 2651.92 feet; Thence along the Easterly boundary of said Northeast 1/4 and the centerline of N. Meridian Road, South 00°23'19" West, 289.85 feet (formerly 289.88 feet) to a point; Thence leaving the said Easterly boundary and the center line of said N. Meridian Road, North 89°36'41" West, 30.00 feet to a point on the Easterly boundary of Lot 9 Block 1 of Wilson Addition to Meridian as shown in Book 12 of Plats on Page 708, Records of Ada County, Idaho; Thence along a line being 10.00 feet Southerly of and parallel to the Southerly boundary of Lot 8 Block 1 of said Wilson Addition to Meridian, North 89"27'52" West, 128.00 feet to a point on the Westerly boundary of said Lot 9; Thence along said Westerly boundary, North 00'23'19" East, 5.05 feet to a point; Thence leaving said Westerly boundary and along a line being 5.00 feet Southerly of and parallel to the Southerly boundary of Lot 7 Block 1 of said Wilson Addition to Meridian, North 89°25'44" West, 158.00 feet to a point on the center line of NW 1st Street; Thence along the centerline of said NW 1st Street, North 00°23' 19" East, 284.89 feet to point on the Northerly boundary of said Northeast 1/4 and the center line of W. Cherry Lane; Thence along said Northerly boundary and the center line of said W. Cherry Lane, South 89"26'40"" East, 316.00 feet to the POINT OF BEGINNING. Said parcel contains contain 2.08 acres more or less. Human Bean RZ 15-010 1/4 Corner Sections 1 & 12 CP&F No. 2015011237 r------------------ IIC w EXHIBIT A REZONE EXHIBIT Section Corner LOCATED IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M. -PLS 5291, 2013^ CITY OF MERIDIAN, ADA COUNTY, IDAHO CP&F No. 113105589 ---------5 89'26'40" E ---------------------- 2655.21'-------------------------------I� 6 S 89'26'40" E 31100( I W. CHERRY LANE I I I I I � N N OI � in 001 N r I N w 00 IW I cG PARCEL R9453000D07 A I I H REZONE BOUNDARY P4 W Vl 2.08 ACRES t ® — ..4 N W M Calculated point (iYYll Found brass cop 01 OI Set 5/8 inch die. x 30 inch iron ZI In pin w/plostic cap PLS 11574 Rezone Boundary line Section/Center line 0 30 60 120 Scale: 1" = 60' Human Bean RZ 15-010 Zi I i 3 N�89'25'44' W 158.00' N 89'27'52' W Li 128.00' O UNE TABLE LINE BEARING DISTANCE L1 N 89'36'41' W 30.00 L2 N 00'23'19" E 1 5.05 i II I I i 1/4 Corner Sections 12 & 7 I 'PLS 11118, 2013' J CP&F No. 114006712 CITY OF MERIDIAN E IDIAN' %a""'"' FINDINGS OF FACT, CONCLUSIONS OF LAW CI AND DECISION & ORDER 3 ' µ In the Matter of the Request for an Amendment to Unified Development Code (UDC) Table 11-2D- 2 to Include a Drive-Through Establishment as a Conditional Use in the O-T Zoning District and a Modification to the Associated Specific Use Standards Lasted in UDC 11-4-3-11; Rezone of 2.08 Acres of Land from the R-4 to the O-T Zoning District; and a Conditional Use Permit for a Drive- Through Establishment in the O-T Zoning District for a Coffee Kiosk for the Human Bean, by Ada County Highway District, Case No(s). ZOA-15-001; RZ-15-010; CUP -15-014 For the City Council Hearing Date of: July 28, 2015 (Findings on August 11, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 28, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 28, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 28, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning j urisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). ZOA-15-001; RZ-15-010; CUP -15-014 - 1 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 28, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the Unified Development Code is hereby approved per the Staff Report for the hearing date of July 28, 2015, attached as Exhibit A. 2. The applicant's request for a rezone is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of July 28, 2015, attached as Exhibit A. 3. The applicant's request for a conditional use permit is hereby approved per the conditions in the Staff Report for the hearing date of July 28, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(tJDC 11-513-617). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC I 1-513-3D). A modification to the development agreement may be initiated prior to signature ofthe agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Or, LAW AND DECISION & ORDER CASE NO(S). ZOA-15-001; RZ-15-010; CUP -15-014 -2. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 678003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City CIerk 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, F. Attached: Staff Report for the hearing date of July 28, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). GOA -15-001; RZ-15-010; CUP -15-014 - 3 - By action of the City Council at its regular meeting held on the ! day of &al , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTEDC-P--- COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED_ COUNCIL MEMBER JOE BORTON VOTED0'— COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta eerd Attest: �$Go cjryor w E IDIANk ioAHn Jaycee r SEAL City Clerkfi�rf $er rbr 1R£ASu4'6 Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated:j� City C eX Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). ZOA-15-001; RZ-15-010; CUP -I5 -0I4 - 4 - EXHIBIT A STAFF REPORT HEARING DATE: July 28, 2015 E IDIAN TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: ZOA-15-001; RZ-15-010; CUP -15-014 — Human Bean I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the Ada County Highway District, has submitted an application for a text amendment (ZOA) to Table 11-2D-2 of the Unified Development Code (UDC) to include a drive-through establishment as a conditional use in the O -T zoning district and a modification to the associated specific use standards listed in UDC 11-4-3-11. A rezone (RZ) of 2.08 acres of land from the R-4 to the O -T zoning district is also requested. Lastly, a conditional use permit for a drive-through establishment in the O -T zoning district for a coffee kiosk (Human Bean) is proposed. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed ZOA, RZ and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on Julv 2, 2015. At the public hearing, the Commission moved to recommend approval of the subject ZOA, RZ and CUP requests. a. Summary of Commission Public Hearing: L In favor: John Rennison ii. In opposition: None iii. Commenting: None iv. Written testimony: John Rennison v. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L The provision of full landscape buffer vs. a driveway stub and partial buffer to the property to the south at the southeast corner of the site. c. Key Commission Change(s) to Staff Recommendation: L At the applicant's request, modify condition #l.lc and l.ld to reflect a partnership with MDC and MAC in regard to the provision of public art and downtown entry signs at the northeast corner of the site. ii. Delete the portion of condition #1.1.3c that requires additional trees within the street buffers along W. Cherry Lane and N. Meridian Road. iii. Modify condition #1.1.1g and #1.1.3e to require the applicant to work with the property owner to the south in determining the location of the cross -access easement and inquiring if the owner would prefer landscaping to be constructed instead of a driveway stub at this time for future cross -access. d. Outstanding Issues) for City Council: L None Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE I EXHIBIT A 11J_ t - 1_ M gym, 111114 t I W-1 ITYLVA MI. I I] t III I N PTS Mt 1. iii it � t. •�_ t• �i._• i' �� t•. i�i_�'_ i �' 1 its ��i. �' .t t• 1 -I- M11111-MIPTEVV11101111M III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers ZOA-15- 001, RZ-15-010 and CUP -15-014, as presented in the staff report for the hearing date of July 28, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers ZOA-15- 001, RZ-15-010 and CUP -15-014, as presented during the hearing on July 28, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers ZOA-15-001, RZ-15-010 and CUP -15-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southwest corner of N. Meridian Road and W. Cherry Lane at 1648 N.W. I" Street, in the NE'/4 of Section 12, Township 3 North, Range 1 West. (Parcel No. R9453000007) Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 2 EXHIBIT A B. Applicant: Ada County Highway District 3775 Adams Street Garden City, ID 83714 C. Owner: Same as applicant D. Representative: Travis Stroud, B & S Investments, LLC 1980 S. Meridian Road Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for zoning ordinance amendment, rezone and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 15 and 29, 2015 (Commission); June 15 and 29, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: June 11, 2015 (Commission); June 11, 2015 (City Council) D. Applicant posted notice on site(s) on: June 19, 2015 (Conunission); July 15, 2015 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of vacant/undeveloped land, zoned R-4 B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Cherry Lane and vacant/undeveloped property, zoned RUT in Ada County South: Single-family residential properties, zoned R-4 East: N. Meridian Road, a drinking establishment (Whitewater Saloon) and other commercial businesses, zoned C -C West: N.W. 1" street, vacant/undeveloped land, zoned O -T, and single-family residential properties, zoned R-4 C. History: This property was included in the Wilson Addition to Meridian subdivision plat that was recorded in 1948 as Lots 1-8, Block 1. ACHD acquired this property for the recent Split Corridor Project. A commercial business and single-family residences previously existed on this site. C. Utilities: 1. Location of sewer: The city currently owns and maintains a sewer main directly adjacent to the west of the proposed development in NW 1" Street. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 3 EXHIBIT A Location of water: The city currently owns and maintains water mains directly adjacent to the North, East, and West of the proposed development. 3. Issues or concerns: None D. Physical Features: 1. Canals/Ditches Irrigation: There are no open ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM). Per the Comprehensive Plan, "This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi -family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more information on Destination Downtown." Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 4 EXHIBIT A This site is located at the northern periphery of the Old Town designated area known as the Northern Gateway District in the Destination: Downtown vision plan. The properties to the west are also within the Old Town designated area and consist of a vacant/undeveloped lot at the southwest corner of Cherry Lane and N.W. 1" Street zoned O -T; and two residential properties zoned R-4. Development in Old Town is reviewed in accordance with this plan. Some of the specifics of the vision for this area are as follows: This district is defined by taller buildings, a sense of entry, streetscape improvements (particularly along Cherry Lane) that encourage walking, office uses to provide a major employment center supported by retail and housing, and an atmosphere that is distinctive and that serves as an attraction and draws people into downtown Meridian. Retail/dining uses are envisioned to make up 30% (or 13.8 acres) of this district. Streetscape improvements and beautification include increasing the number of street trees, landscaping including planters, community gardens and green spaces. A collection of public art throughout downtown Meridian is also desired. The downtown area should be designed to be attractive and welcoming to pedestrians and bicyclists. Parking areas should include clear pedestrian pathways to make walking and bicycling safer. The applicant proposes to develop the site with a walk-up/drive-through coffee kiosk and two pad sites for future retail and restaurant uses; streetscape improvements (landscaping and a garden wall); and signage notifying the public of entry into the downtown area, consistent with the aforementioned vision plan. Walkways currently exist adjacent to W. Cherry Lane and N. Meridian Road. Staff recommends public art is provided on the site in accord with the Destination: Downtown vision plan for Old Town. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require all commercial and industrial businesses to install and maintain landscaping." (2.01.03B) Parking lot and perimeter landscaping is required with development of the site. "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection." (3.04.02A) There is adequate water supply and pressure available to the site for fire protection. "Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings." (2.01.01C) The proposed coffee kiosk will be located within walking distance of nearby residences and businesses. "Reduce the number of existing access points onto arterial streets by using methods such as cross -access agreements, access management, and frontage/backage roads." (3.03.020) Direct lot access is not proposed or allowed via W Cherry Lane. A right-in/right-out access via N. Meridian Road, an arterial street, and access via N. W. I" Street, a local street is proposed. "Require all new and reconstructed parking lots to provide landscaping in internal islands and Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 5 EXHIBIT A along streets." Planter islands are proposed within the parking area landscaped in accord with the standards listed in UDC 11 -3B -8C "Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas." (3.06.01B) The proposed drive-through does not have speakers and food is not being prepared in the kiosk; therefore, noise and odor should be minimal. Air pollution from vehicles and visual pollution from the development will be mitigated by landscaping. "Improve ingress and egress (both pedestrian and vehicle) in Old Town." (3.03.01 C) Vehicular and pedestrian access is proposed to and through this site via N. W. IS` Street and N. Meridian Road. "Coordinate with the Historic Preservation Commission to review and comment on all development applications in Old Town and provide a certificate of acceptability." (5.02.01D) Staff has notified HPC of this application but has not yet received comments back. "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.01J) The proposed coffee kiosk with a drive-through and pedestrian walk-up order window, along with the two future pad sites, will contribute to the variety ofservices available in the downtown area. For the above -stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2D-1, the purpose of the O -T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O -T district is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the city. Public and quasi -public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the permitted, accessory, conditional, and prohibited uses in the O -T zoning district. The proposed drive- through establishment is listed as a prohibited use in the O -T district. However, the applicant requests a zoning ordinance amendment as part of this application to allow drive-through establishments as a conditional use in the O -T district. If approved, a conditional use permit will be required for the proposed use. C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O -T zoning district applies to development of this site. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 6 EXHIBIT A D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ZONING ORDINANCE AMENDMENT (ZOA): The applicant has submitted an application for a text amendment to Table 11-2D-2 of the Unified Development Code (UDC) to include drive-through establishments as a conditional use in the O -T zoning district; and a modification to the associated specific use standards listed in UDC 11-4-3-11 (see Exhibit A.2). The modification to the specific use standards are as follows: (Applicant's proposed changes are in strike -out, red bold underline format; staff's recommended changes are in strike -out, red bold italics underline format.) UDC 11-4-3-11 A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: 1) not within three hundred feet (300') of another drive-through facility, a residential district, or an existing residence; e} 2) separated by an arterial street from any other drive-through facility, residential district or existing residence; or 3) not within the O -T zoning district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O -T zoning district. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.-, except stacking lanes may provide access to designated emplovee parkins. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane., umess the entire stacking lane gvisible f-Fo ,, the ,,,.t,..,nee o 4►.,, stacking lane. in sugh ease, any staeling lane Lxreater- than one hundred t (130') in th shall o ide for- an eseave in (Staff does not recommend approval of the proposed change) 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. D. The applicant shall provide a six foot (6) sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 12-1514, 5-16- 2012, eff. 5-21-2012) Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 7 EXHIBIT A The previous Meridian City Code allowed drive-through establishments in the O -T district as a conditional use but they were removed with adoption of the UDC. Staff is in favor of allowing drive-through establishments within the Old Town area on a case by case basis with no outdoor speakers through a conditional use permit. Therefore, staff recommends approval of the changes to the UDC as requested by the applicant and modified above by staff. REZONE (RZ): The applicant proposes a RZ of 2.08 acres of land from the R-4 to the O -T zoning district, consistent with the Comprehensive Plan Future Land Use Map designation of Old Town for this site. The applicant has submitted a conceptual site plan, included in Exhibit A.4, which shows how the site may develop with a walk-up/drive-through coffee kiosk, and two future pad sites for a small restaurant and retail/restaurant uses. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure this site develops as proposed, staff recommends a development agreement is required as a provision of the rezone that includes the conditions listed in Exhibit B. Staff is in favor of the proposed rezone to the O -T district as it's consistent with the Old Town FL UM designation and vision for this site. CONDITIONAL USE PERMIT (CUP): A CUP is requested for a drive-through establishment in the proposed O -T zoning district for a coffee kiosk (Human Bean). A drive-through establishment is not currently an allowed use in the O -T district; however, the applicant proposes an amendment to the UDC (ZOA) as discussed above to include such use as a conditional use in the O -T district. If the associated ZOA and RZ are approved, then the CUP request can be considered and the comments below apply to development of this site; otherwise, a drive-through is a prohibited use and should be denied. Conceptual Development Plan: The applicant submitted a conceptual development plan, included in Exhibit A.4, which shows how the site may develop with a 480 square foot walk- up/drive-through coffee kiosk and two future pad sites for a small restaurant (3,120+/- s.f.) and retail/restaurant uses (5,400 s.f.). Buildings pads adjacent to N.W. 1" Street are brought up to the street with parking internal to the site; main entrances are proposed to be internally located. The coffee kiosk is set back from the northeast corner of the site with a drive-thru lane around the building. A pedestrian walkway from the sidewalk along N. Meridian Road to the building and through the site to N.W. I" Street is also depicted on the site plan. Staff would prefer the building be located at the northeast corner of the site (without the drive- thru), to anchor the corner in accord with the guidelines in the Meridian Design Manual. However, because of the nature of the proposed use and the lack of access to this site as noted below, which results in limited tenants that can feasibly utilize this site, staff does not object to the proposed layout with landscaping to screen the parking and drive-through as proposed. Specific Use Standards: The specific use standards listed for drive-through establishments in UDC 11-4-3-11 as requested for modification above by the applicant and recommended by staff; apply to development of this site as follows: (Staffs comments in italics) Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 8 EXHIBIT A A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: 1) not within three hundred feet (300') of another drive-through facility, a residential district, or an existing residence; 2) separated by an arterial street from any other drive-through facility, residential district or existing residence; or 3) not within the O -T zoning district. Otherwise a conditional use permit is required. Because the subject property is proposed to be zoned O -T, a conditional use permit is required for a drive-through establishment as proposed. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. The stacking lane, menu and window location is depicted on the site plan; no speakers are proposed. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The proposed stacking lane should have safcient capacity so that traffic doesn't block the public right-of-way; several cars can stack before backing up into Meridian Road. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from circulation lanes needed for access and parking. However, there are two employee parking stalls accessed from the eastern lane. The two parking stalls on the east side of the stacking lane should be designated (either with paint and/or signs) "employee parking only." 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. The stacking lanes are not located within 10 feet of any residence or residential district. 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The proposed stacking lane is approximately 125 feet in length and no escape lane is proposed. However, the applicant is proposing to change the dimension needed for an escape lane from 100' to 130' with ZOA-15-001. Staff is not supportive of the dimensional change for escape lanes; the site plan will need to be reconfigured to comply with the current UDC requirement for an escape lane. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-thru lanes are visible from W. Cherry Lane and N. Meridian Road. Landscaping should not block the service windows, but should help to screen the stacking lane and parking. D. The applicant shall provide a six foot (6) sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) A 6 -foot tall white vinyl fence is proposed along the southern boundary of the site adjacent to the existing home. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. One right- in/right-out access to the site is proposed via N. Meridian Road and two full accesses are proposed via N.W. 13` Street; no access is proposed or allowed via W. Cherry Lane. Fire, Police, Planning and Public Works Department staff all recommends only one access via N.W. 1" Street be allowed in the general location of the northern driveway shown on the site plan. Although N.W. 1" Street is a local street, staff is concerned that the southern driveway will encourage cut -through traffic from Cherry Lane to Meridian Road, as this southern access Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 9 EXHIBIT A and driveway out to Meridian Road create a very direct route to bypass the intersection. Staff is also concerned that this southern driveway is close to existing residences and the vehicular noise may be a nuisance. Further, consideration of the residential neighbors to the west should be taken into account when determining the exact location of the driveway to N.W. I" Street to alleviate headlights from shining directly in windows (i.e. — locate the driveway to align between homes.) Staff recommends a blanket cross -access easement is recorded for this site for connectivity to access driveways for all businesses. Because access to a local street is not available for the property to the south at 1611 N. Meridian Road (Parcel #R9453000076), Staff recommends a cross -access easement is granted to the property for future interconnectivity and access upon redevelopment to the driveway proposed on the site via N. Meridian Road. Cross -access will assist in reducing access points via N. Meridian Road, an arterial street as set forth in UDC 11 -3A -3A. Although the property is currently residential in nature and zoned R-4, it is within the Old Town designated area and may redevelop in the future with a non-residential use(s). Dimensional Standards: Development of the site should be consistent with the standards for the O -T zoning district listed in UDC 11-2D-4. The minimum number of stories for new construction is two and/or as set forth in the Meridian Design Manual. The Design Manual supports the requirement for two stories, at least 35 feet in height, along roadways to encourage an urban character with contiguous street walls. The site is located at the entry and northern boundary of the Old Town designated area and will serve as essentially a "book end" to the downtown area. The coffee kiosk structure is only a single -story but a portion of the building has a higher element that resembles a "half" story and measures 22' 10.5" to the highest point of the roof. The conceptual elevation submitted for the other structure at the northwest corner of the site is also single -story, which does not comply with the aforementioned standard, guidelines and vision for the Old Town area. Except for the height issue, the proposed development complies with the dimensional standards of the O -T district. Because development potential for this site is limited due to access restrictions related to its location at the corner of two major arterial streets and traffic patterns at the intersection, Staff believes smaller less intense businesses such as is proposed may be appropriate for this property. Therefore, staff is supportive of the proposed elevations for the coffee kiosk but recommends the elevations for the other two buildings, especially the one fronting Cherry Lane, incorporate some kind of architectural feature similar to the kiosk that has an appearance of a two story structure for at least a portion of the building. Structures on this site can transition up to a 2 -story structures south of this property as desired in the Old Town area. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11 -3C -6B for traditional neighborhood uses. A minimum of one parking space is required to be provided for every 1,000 square feet of gross floor area. The site plan depicts 14 parking spaces for the proposed coffee kiosk; additional parking spaces are depicted on the plan for future retail/restaurant pads in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site. Based on 14 parking spaces proposed, a bicycle rack capable of holding at least one bicycle is required to be provided. A bike rack is depicted on the site plan at the north end of the row of parking on the west side of the building; a detail of the bike rack should be submitted with the Certificate of Zoning Compliance application that Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 10 EXHIBIT A complies with the standards listed in UDC 11 -3C -5C. The bike rack should be placed so that it doesn't obstruct the pedestrian walkway to the building. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C. The O -T zoning district does not require landscaped street buffers adjacent to streets as buildings are anticipated to be brought up to the build -to lines. However, the Meridian Design Manual contains guidelines to integrate streetscape profiles along roadways and blocks to maintain the continuity of the urban environment consisting of the following 3 zones: the landscape and furnishing zones, the pedestrian mobility zone, and the frontage zone. The landscape plan depicts a 10+ foot wide strip of landscaping along N. Meridian Road and 7+ foot wide strip along W. Cherry Lane with attached 7 -foot wide sidewalks along the streets. The sidewalks were recently constructed by ACHD with the Split Corridor. Unless the existing sidewalk is demolished & reconstructed, which staff does not recommend as the sidewalk is new and is of an adequate width, it's not feasible for the applicant to comply with the Old Town streetscape guidelines. The downtown streetscape guidelines state a typical width for streetscapes is 20 feet (8 -foot landscape zone, 8-10 foot wide pedestrian zone, and a 2-4 foot wide frontage zone) unless otherwise specified for an urban area; the minimum width for streetscape profiles should not be less than 15 feet in width. The proposed landscaping and existing sidewalk is generally consistent with the streetscape guidelines except for the frontage zone which isn't feasible to provide. To further enhance the landscape zone, staff recommends additional street trees are added so they touch at maturity within the planter area along W. Cherry Lane and N. Meridian Road with seating, way -finding signs, and a trash receptacle. A mix of trees and bushes are proposed along N. Meridian Road and W. Cherry Lane to screen the drive-through lanes. The row of parking proposed on the coffee kiosk site incorporates a planter island with a mix of trees and shrubs which will assist in screening the parking from the street and public walkways. Additional trees should be added within the planters to provide shade for at least 50% of the parking surfaces at mature growth in accord with the Meridian Design Manual (pg. 35). A garden wall with plantings is proposed at the northeast corner of the site to assist in screening the view of vehicles in the drive-through and headlights from the public right-of-way. Signage identifying the entrance to the downtown area is also proposed at the corner; the applicant should coordinate with the Meridian Downtown Development Corporation (MDC) on the design of the signage. A detail of the garden wall, landscaping, and signage should be submitted with the Certificate of Zoning Compliance application along with a letter from MDC approving such. A 12 -foot wide landscape buffer is proposed along the southern boundary of the coffee kiosk site adjacent to the residential property with dense landscaping for screening and a 6 -foot all white vinyl fence. Public Art: Staff recommends public art is provided on the site as set forth in the Destination: Downtown vision plan for Old Town. The applicant should coordinate with the Meridian Arts Commission (MAC) and the Meridian Downtown Development Corporation (MDC) on the design of the public art. A detail of the public art proposed should be submitted with the Certificate of Zoning Compliance application along with letters from MDC and MAC approving such. Utility boxes exist at the northeast corner of this site. Staff recommends the applicant coordinate with the MAC and MDC to install a wrap to beautify the box. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Downtown historic pedestrian lighting is not required for this site as it is outside of the designated area requiring such. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 11 EXHIBIT A A street light plan should be submitted with the Certificate of Zoning Compliance application in accord with the requirements listed in Section 6-5 of the Improvements Standards for Street Lighting at http://www.meridianciiy.org/public works.aspx?id=272. The street light plan will need to include an LED Type 1 (30' mounting height with an 8' mast arm) light at the entrance along N. Meridian Road. A Type 2 (25' 100W HPS) light will be required at the entrance on N.W. Is` Street. Street lighting conduit has been provided along N. Meridian Road. It is recommended that the southern driveway off of N.W. I" Street is removed to deter traffic from cutting through the property to avoid the signal at the intersection of W. Cherry Lane and N. Meridian Road. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Two separate stormwater infiltration basins are depicted on the site plan. Parcel Configuration: Although this property appears to consist of one parcel on the Assessor's GIS records, it was platted in 1948 as Lots 1-8, Block 1, Wilson Addition to Meridian subdivision. There doesn't appear to be any easements recorded on the plat for these lots. Staff can't find any record of a lot consolidation being approved for this property. The applicant may apply for a property boundary adjustment to reduce the number of properties from 8 to 3, consistent with the configuration of the proposed site plan; a subdivision is not required. Sidewalks: Detached five foot wide sidewalks are required to be constructed along arterial streets per UDC 11 -3A -17C. An attached 7 -foot wide sidewalk was recently constructed along W. Cherry Lane and N. Meridian Road with the Split Corridor project. For this reason, and because the new sidewalk is 2 feet wider than typically required, the Director has waived the requirement for a detached sidewalk to be constructed on this site. Building Elevations/Floor Plans: Conceptual building elevations for the coffee kiosk and small restaurant were submitted by the applicant and included in Exhibit A.S. Building materials depicted on the plans for the coffee kiosk include a mix of reclaimed wood, bonderized metal siding, and rusted metal roofing. Building materials for the restaurant are consistent with those of the coffee kiosk with reclaimed wood, metal panels, bonderized batten metal siding, brick, and metal awnings with rusted metal columns. The third building depicted on the site plan at the southwest corner of the site is proposed to be of similar design. Please see Staff's comments above under Dimensional Standards for analysis on the height and form of the proposed and future structures. Staff recommends future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5; they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story structure for at least a portion of the building, or be functionally two stories. Design of the structures is required to comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. Currently, prefabricated steel panels are prohibited as a finish material but may be approved as an accent material. Alternative Compliance to the standards in UDC 11-3A-19 may also be requested as set forth in UDC 11-513- 5. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 12 EXHIBIT A Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11 -5B -S. The site and building design is required to be consistent with the standards listed in UDC 11-3A-19, the guidelines contained in the Meridian Design Manual and the Destination: Downtown vision plan. Staff reconnnends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed & Recommended Text Amendments to the Unified Development Code 3. Landscape Plan (dated: _,� 7/22/15) 4. Existing Conditions Plan & Site Plan (dated: 5/27/15) 5. Conceptual Building Elevations & Floor Plan B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada County Highway District C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 13 Exhibit A.1: Vicinity/Zoning Map 306 EXHIBIT A W Ch Ln 23 403 I� i �� 317 Iseo 1617 319 _1607 1/ 1482 7 1464 1430 1406 3� 13941350 Z1432 137D 13-15 8 5 . 1348 428 334 324 ]16 30 19'. �. ��- 1 WN Ft1338323 315 307 13314 30! 1311 = 1]18316 1303 1 I/ 338 330 II 315 1247 F11F,4 339 331 + 312 1 1121 4 1230 315 ' 1115 1222 /i3 305 0 1205 • 336 330 314 304 1501 1433 1425 1233 C� 50 56 `•�0� : /``��ty y.I 145 1 03 it 1910 1911 1904 700 1896 � 'c 1894 IB93 1890 c� . 7865 .1888 1867 1884 7y� se 270 ,gyp 1875 1872 1867 1 1860 06 J18 1 1848 1836 R$ 1814 `_1^ Y 1798 to l'SI ` f Ate/I 345 369 357 \ f �Y 20 34 132 210 216 220 . 300 360 14 200 ... AVP ..�._--. �..�.. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 -- 125 -G lest 201 1620 302 405 1626 z R-00 1600 1518 1435 E Grp r7ive _-- 1510 301 i 1504 1431 1432 303 1420 1421 R-8 1412 1422 142D 1411 1410 276 1406 14031407 Bad! Av. 1404 1349 el 4 206 1735 Z-� 1331 771 79 r, 1732 177 1771 1328 1326 1777 77701 1335 1323 1320 1312 1317 1310 1305 1304 1302 1237 1225 1236 1 1116 233 12M I< 312 1175 302 rzln 2n ase 371 x200 � 1153 ; „ PAGE 14 / 1648 1645 35 1616 1633 1612 1625 1624 1615 1608 1615 1618 1608 1611 1603 1606 1607 1546 1608 1536 1533 1536 1535 1524 1535 15261573 1528 1523 1516 1513 1520 1522 1519 1506 1505 ~i �' 1507 1508 1505 1502 1435 WEIm Ave 1434 14 1� 1471 1434 1423 1426 1428 1423 1418 1419 1424 1419 w d 1422 1409 1411 111 0 1405 1404 1405 2 1403 1404 J T 32 1336 1353 � 1335 I]]2 1329 1326 1323 1324 1121 1324 1723 1320 1319 1716 1 Lo 1308 1311 132 1304 1305 1304 1 1303 _ 37 R-15 1233 133 1231 1,r 2 Ii `b 1217 1222 1233 1223 1220 !A 1225 1212 1213 I, 2 126 720 12515 12051204 05 I6 26 38 46 C -C t_ �anAw__ Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 -- 125 -G lest 201 1620 302 405 1626 z R-00 1600 1518 1435 E Grp r7ive _-- 1510 301 i 1504 1431 1432 303 1420 1421 R-8 1412 1422 142D 1411 1410 276 1406 14031407 Bad! Av. 1404 1349 el 4 206 1735 Z-� 1331 771 79 r, 1732 177 1771 1328 1326 1777 77701 1335 1323 1320 1312 1317 1310 1305 1304 1302 1237 1225 1236 1 1116 233 12M I< 312 1175 302 rzln 2n ase 371 x200 � 1153 ; „ PAGE 14 EXHIBIT A Exhibit A.2: Proposed & Recommended Text Amendments to the Unified Development Code Proposed UDC Text Changes—Additions & Deletions E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the director and based on the director's findings in review of the criteria established in chapter 1, "General Regulations", of this title. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 07-1325, 7-10- 2007) TABLE 11-2D-2 ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Use O- TN- TN- T C R Artist studio' P P - Arts, entertainment or recreation facility, indoors' P C - Arts, entertainment or recreation facility, outdoor stage or ( C C I - music venue Arts, entertainment or recreation facility, outdoors' t C ( C yI - Building material, garden equipment and supplies' C Church or place of religious worship' P I P I C Civic, social or fraternal organizations' _PI C r C Conference center I P - - Construction sand and gravel mining FC -I C I C Daycare center' I C I G I C Daycare, family' I �I—A Daycare, group' I P I' J C Drinking establishment' I CJ C I _ Drive -Through Establishment C I - Dwelling, secondary' I A I A I A Dwelling, single-family attached I I _P_1 Dwelling, single-family detached I -PFc—Fp Dwelling, townhouse I P P IP Dwelling, two-family duplex TP -1 C P Education institution, private' j -iP C �C Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 15 EXHIBIT A UDC 11-4-3-11: Drive -Through Establishment: (Applicant's proposed changes are noted in strike -out, red bold underline format; staff's recommended changes are noted in strike -out, red bold italics underline format.) A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: 1) not within three hundred feet (300') of another drive-through facility, a residential district, or an existing residence; or 2) separated by an arterial street from any other drive-through facility, residential district or existing residence; or 3) not within the O -T zoning district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O -T zolling district. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking..-, except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane., unless the entire stacking,ane gue is visible from the entre.,,.^ 4^ 4t staeldnE lane. in sueh case, any stackine lane er-eateF than -one hundred thlrPf­� (130') in leneth she" provide for an ^lane.^(Staff does not recommend approval of the proposed change) 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. D. The applicant shall provide a six foot (6) sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 12-1514, 5-16- 2012, eff. 5-21-2012) Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 16 EXHIBIT A Exhibit A.3: Landscape Plan (dated: 5/27/15 7/22/15) I +ter P4ORL 2 i ' PWTURfl l I l r� L 1' I �- \� S i RF t -- - - /T j T PARCH i I FVPUF 4, I � ,v _ i I i V j TT LANDSCAPEPLAN THE HUMAN BEAN & OTHER RETAIL MERIDIAN, IDAHO CONDITIONAL USE PERMIT W. CHERRY LANE BEE SHEET LLL FOA PLANT LIST, LANMCAPE NOTZS, AND PLANTING DETAILS { Property : /\ SITE LOCATION MAP n PROJMECI'V OWA Cr INFORMATION PROPERTY SUMMARY J �< PROJECT CAL ATTONS •u< u.c� r ,. ZZ' - Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 17 I 1i-Wfflll EXHIBIT A Exhibit A.4: Existing Conditions Plan & Site Plan (dated: 5/27/15 & 7/14/15 THE HUMAN BEAN MERIDIAN, IDAHO w.f CONDITIONAL USE PERMIT — _ -- - •-----• •' -I GEI6TR:G PROPGAIY fiIIhIMAR9 Z w� -��yl .' __-_•__ _ __ _ ___ LOT LINE AOJufiT\iFNT NOTGfi - r - -�� W. CHERRY LANE i _ ..: °� I N — z _ _ I Low Wrl E I i �'a +� ,l I •'i� � E 8 ZO --F ?�+ ' 'i ' I u � � , ' � f �� 1. � - - �(� ! • . I �� EXISTING CONDITIONS PLAN jI A I w cz.o Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 18 EXHIBIT A THE HUMAN BEAN & OTHER RESTAURANT/RETAIL VP MERIDIAN, IDAHOREZONE APPLICATION _ z PROJECT CONCACT INFORIINTION Z , W -- W W. CHERRY LANE: „ N - -- — - — — — — — — — — PROPERI-C SUMMAIIY W �I [ ( f -i i LOT LINE ADJU6i Ni NOTES {ty, Qis .. ".c. .c uc a •• 5 YNorEs a � 8 � o e � IN ER OF OMWINGS Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 19 EXHIBIT A Exhibit A.5: Conceptual Building Elevations & Floor Plan RECLOWSO wow Ru61ED METAL ROW 20NDFRgZEO METAL S!OND RECLAIMED WOOD RAR AND COLUNNS WIRE METAL PAYEL" FRAME 1 Soul-, SCALE: N,T.S. 2 NORTNFA61`CORNER SCALE; N.T.S. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 20 EXHIBIT A A Wn 'FLQW I HJbY I A1.0 Mas Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 21 METAL COLULw SOUT/&VESTCORNER SCALE: N.T.S. EXHIBIT A BOul IiDQED METAL SIDWO DORDI BArm 3 NORTNEASiCORNER SCALE: N.T.S. .,...... 2 SOUTNEAS'CORNER SCALE: N.T.S. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 4 NORTMVESTCORNER SCALE: N.T.S. PAGE 22 PERWETHE A4.0 EXHIBIT A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting approval of the rezone. The DA shall, at minimum, incorporate the following provisions: a. Development of the site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, the Destination: Downtown vision plan, Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5; they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story stricture for at least a portion of the building, or be functionally two stories. c. The applicant, in i3aftnefshio with the MeridianArt's CoiJJ'IOn-(TZnr) a -- Meridian r,^,-•^*^•..., Tll r'^.-...EWatiO (MDG), shall provide a garden wall, publie art and a entry sign to the downtown area at the northeast corner of this site at the intersection of W. Cherry Lane and N. Meridian Road. An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation (MDC) and the Meridian Art's Commission (MAC) for the provision of these items. The ^l' r, shall coordinate the designof the signage wit the Meridian Dovi%town DevelopmerA Corporation (MDG) and the publie ai4 with t Mer -i is Arts Commission A detail of thea�wall, sign and publie ar shall be submitted with the Certificate of Zoning Compliance application_ al^„^ with ^ letter- from t MAC and N4DG stating suppoA of the design and location ther-eof-; a separate sign peffnit I's required. These items hall be—eompletedprior- to issuanceofthe firsttGeFtifieate Of Oeeupaney fbF the site. d. The applicant shall eoor-dinate pqAngt:with the Mer-idian Arts Cow.-nission (MAG) and the Meridian Downtown Development Corporation (N4DG) on the installation of a V�Tap on utility boxes that exist at the neAheast eerner of this site for- beautifieation. A detail of the wrap shall be submitted with the Cer-tifleate of Zoning Complianee appheation along wit43 lotto,- 4E) MAG and N4DC; stating s ot4 of the de--',,... e. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via N.W. V Street are allowed. f. Outdoor speakers are prohibited on this site. g. A cross -access easement shall be granted to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) for access to the driveway on the site via N. Meridian Road in accord with UDC 11 -3A -3A. A provision shall be added to the agreement that allows the owner/developer of the adjacent parcel to remove a section of the fence as necessary for access. A copy of the recorded easement shall be submitted to the Planning Division with the Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 23 EXHIBIT A first Certificate of Zoning Compliance application. The applicant shall work with the adjacent property owner to the south in determining the location of the easement as well as inquiring if the owner would prefer to have the entire area landscaped or a driveway stub constructed with only a portion of the area landscaped at this time. If the owner prefers the stub is not constructed at this time, the easement should allow for the future constriction of a driveway on the subject property. 1.1.2 The developer shall comply with the specific use standards listed in UDC 11-4-3-11: Drive - Through Establishments as modified with this application. 1.1.3 The landscape plan included in Exhibit A.3, dated 5/27/15, shall be revised as follows: a. Landscaping shall not obscure the view of the service windows from W. Chevy Lane and N. Meridian Road in accord with UDC 11-4-3-11C. b. Additional trees shall be added within the landscape planters within the parking area to provide shade for at least 50% of the parking surfaces at mature growth in accord with the Meridian Design Manual (pg. 35). c. Additional stfeet trees shall be added so they teueh at maturity within the planter areas along N TTe fidia Read and W r -ho,.._, Lane aleng with sSeatin, way -finding signs, and a trash receptacle(s) shall be added within the street buffers along N. Meridian Road and W. Cherry Lane. d. Include a detail of the garden wall proposed at the northeast corner of this site. e. A twenty foot wide access driveway shall be provided to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) in accord with UDC 11 -3A -3A unless the property owner prefers to have landscaping only at this time as discussed above in DA provision #1.1.1. 1.1.4 The site plan included in Exhibit A.4, dated 5/27/15, shall be revised prior to the City Council meeting as follows: a. A detail of the bike rack shall be shown on the plan that complies with the standards listed in UDC 11 -3C -5C. d. Employee parking shall be designated as such with a sign and/or paint on the stall. e. A twenty foot wide access driveway shall be provided to the property to the south at 1611 N. Meridian Road (Parcel #R9453000076) in accord with UDC 11 -3A -3A. 1.1.5 A blanket cross -access easement shall be recorded for this site for connectivity to access driveways for all businesses. A separate easement may be recorded, or a note may be placed on the record of survey associated with a future property boundary adjustment application. 1.1.6 A street light plan should be submitted with the Certificate of Zoning Compliance application in accord with the requirements listed in Section 6-5 of the Improvements Standards for Street Lighting at http://www.meridiancity.org/public_ works.aspx?id=272. The street light plan will Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 24 EXHIBIT A need to include an LED Type 1 (30' mounting height with an 8' mast arm) light at the entrance along N. Meridian Road. A Type 2 (25' 100W HPS) light will be required at the entrance on N.W. ls` Street. Street lighting conduit has been provided along N. Meridian Road. It is recommended that the southern driveway off of N.W. I" Street is removed to deter traffic from cutting through the property to avoid the signal at the intersection of W. Cherry Lane and N. Meridian Road. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.7 Constrict all off-street parking areas consistent with the standards as set forth in UDC 11-313-5I, 11-313-8C, and Chapter 3 Article C. 1.2.8 Constrict the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design standards as set forth in UDC 11 -3C -5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-313-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-613 as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-513-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 25 EXHIBIT A 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-61'1 or 2) gain approval of a time extension as set forth in UDC 11 -5B -6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to install a sanitary sewer mains into the project site from the existing stub. The existing sanitary sewer main bisecting the property will be abandoned in place in the future, however until it is abandoned, the applicant shall retain and protect the mainline. 2.1.2 A street light plan will need to be included in the final construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciiy.orwpublic works.aspx?id=272. The street light plan will need to include an LED Type 1 (30' mounting height with an 8' mast arm) light at the entrance along Meridian Road. A type 2 (25' 100W HPS) light will be require at the entrance on 1st Street. Street lighting conduit has been provided along Meridian Road. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall be dedicated using the City of Meridian's standard forms. Applicant shall submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 26 EXHIBIT A well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior- to prior to receiving development plan approval. 2.2.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In perfortning such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, and acceptable roadway access shall be in place, prior to applying for building permits. 2.2.9 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 Applicant shall be required to pay Public Works development plan review, and constriction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 27 EXHIBIT A 2.2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total constriction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Access to N.W. 151 Street shall be limited to one access in the general location of the northern driveway depicted on the site plan. The applicant shall take into consideration the impact on the neighbors across the street to the west in regard to headlights shining in their windows in the location of the driveway. 4. POLICE DEPARTMENT 4.1 Access to N.W. 151 Street shall be limited to one access in the general location of the northern driveway depicted on the site plan. The applicant shall take into consideration the impact on the neighbors across the street to the west in regard to headlights shining in their windows in the location of the driveway. 5. REPUBLIC SERVICES 5.1 Republic Services had no comments on this application. 6. PARKS DEPARTMENT 6.1 Prior to removal of any trees on the site, the applicant shall contact Elroy Huff, City Arborist, at 208-371-1755 to schedule an inspection to determine mitigation requirements for healthy trees on the site, 4 -inch caliper or greater, that are proposed to be removed in accord with the provisions listed in UDC 11 -3B -10C. 7. ADA COUNTY HIGHWAY DISTRICT ACHD had no cotnments on this application as all of the improvements are already in. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 28 EXHIBIT A C. Legal Description and Exhibit Map for Proposed Rezone COMPASS LAND SURVEYING, P.L.L.C. 6940 N. Linder Road Meridian, Idaho 83646 Client: Rennison Engineering Date: April 30, 2015 REZONE DESCRIP'T'ION Telephone: (208) 442-0115 Fax: (208) 327-2106 Email: jeffwb.cls©gmail.com A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 12, Township 3 North, Range 1West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the Northeast corner of said Northeast 1/4, from which a brass cap monument marking the Southeast corner of said Northeast 1/4 bears South 00°23'19" West, 2651.92 feet; Thence along the Easterly boundary of said Northeast 1/4 and the centerline of N. Meridian Road, South 00°23'19" West, 289.85 feet (formerly 289.88 feet) to a point; Thence leaving the said Easterly boundary and the center line of said N. Meridian Road, North 89°36'4 t" West, 30.00 feet to a point on the Easterly boundary of Lot 9 Block 1 of Wilson Addition to Meridian as shown in Book 12 of Plats on Page 708, Records of Ada County, Idaho; Thence along a line being 10.00 feet Southerly of and parallel to the Southerly boundary of Lot 8 Block 1 of said Wilson Addition to Meridian, North 89°27'52" West, 128.00 feet to a point on the Westerly boundary of said Lot 9; Thence along said Westerly boundary, North 00°23' 19" East, 5.05 feet to a point; Thence leaving said Westerly boundary and along a line being 5.00 feet Southerly of and parallel to the Southerly boundary of Lot 7 Block 1 of said Wilson Addition to Meridian, North 89°25'44" West, 158.00 feet to a point on the center line of NW 1st Street; Thence along the centerline of said NW Ist Street, North 00°23'19" East, 284.89 feet to point on the Northerly boundary of said Northeast 1/4 and the center line of W. Cherry Lane; Thence along said Northerly boundary and the center line of said W. Cherry Lanc, South 89°26'40"" East, 316.00 feet to the POINT Or BEGINNING. Said parcel contains contain 2.08 acres more or less. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 29 1/4 Corner Sections 1 & 12 CP&F No. 2015011237 EXHIBIT A REZONE EXHIBIT LOCATED IN SECTION 12, TOWNSHIP 3 NORTH. RANGE 1 WEST. B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO ------------S 89'26'40" E ---------------------- 2655.21'--------------- S 89'26 40" r-31 9 -OF W. CHERRY LANE I I m E-� C4 ((� PARCEL R9453000D07 FF REZONE BOUNDARY W (A 2.08 ACRES t LEGEND a' r, M Calculated point N oI Found brass cap O Set 5/8 inch dia. x 30 inch iron ZI pin w/plastic cap PLS 11574 Rezone Boundary line I Section/Center line 0 30 60 120 Scale: 1" = 60' Section Comer "PLS 5291, 2013" CP&F No. 113105589 ----- i1 6 — _ 12 T7 I I Sn 00 0; 00 N I 3 Q o� Fj M CY of V11 z I - _ _ Li O 89'28'44' W 158.00' N 89'27'52` W N 128.00' o LINE TABLE LINE BEARING DISTANCE L1 N 89'36'41" W 30.00 L2 N 0'23'19" E 5.05 V) I I I I 1 I 1/4 Corner Sections 12 & 7 "PLS 11118, 2013' J CP&F No. 114006712 Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 30 EXHIBIT A D. Required Findings from Unified Development Code 1. Unified Development Code Text Amendment: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: a. The text amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the proposed zoning ordinance amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of this report for more information. b. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and The City Council finds that the proposed zoning ordinance amendment will not be detrimental to the public health, safety or welfare. It is the intent of the text amendment to further the safety and welfare of the public. c. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. The City Council finds that the proposed zoning ordinance amendment does not propose any changes to how public utilities and services are provided to developments. All City departments, public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s) when making this finding. 2. REZONE: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed rezone to the O -T district is consistent with the Old Town future land use designation for this site and with the provisions of the Comprehensive Plan as noted in Section VII of this report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to O -T and proposed development is consistent with the purpose statement of the traditional neighborhood district in that it will contribute to the variety of services available within the City's downtown area. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Human Bean ZOA-15-001; RZ-15-010; CUP -15-014 PAGE 31 EXHIBIT A d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). Because this application is for a rezone, this finding is not applicable. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the O -T zoning district and the specific use standards for multi -family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed coffee kiosk and future restaurant/retail uses will be harmonious with and meet the objectives of the Comprehensive Plan. 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. The City Council finds that the general design, construction, operation and maintenance of the proposed development will be compatible with existing and future residential and commercial uses in the vicinity and with the existing and intended character of the vicinity so as to not adversely change the character of the 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. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. 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, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies included in Exhibit B. EXHIBIT A f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. 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. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic and noise does increase. h. 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. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance.