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Una Mas Drive-Through CUP H-2015-0020CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0020 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Drive-Through Establishment within Three Hundred Feet (300’) of Another Drive-Through Establishment in a C-G Zoning District for Una Mas, Located at 3490 E. Tecate Lane, by Glenn Walker, Neu Design Architecture. Case No(s). H-2015-0020 For the Planning & Zoning Commission Hearing Date of: December 3, 2015 (Findings on December 17, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 3, 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 Planning & Zoning Commission 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 jurisdiction. 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0020 Page 2 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of December 3, 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 Planning & Zoning Commission’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 conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of December 3, 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 in accord with UDC 11-5B-6F.1. 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 in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.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 Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 December 3, 2015 EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 1 STAFF REPORT REVISED Hearing Date: December 3, 2015 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: H-2015-0020 – Una Mas Drive-Through - CUP I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, NeuDesign Architecture, has applied for a conditional use permit (CUP) for a drive- through establishment within 300 feet of another drive-through establishment in a C-G zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP based on the Findings of Fact and Conclusions of Law in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard this item on December 3, 2015. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Glenn Walker ii. In opposition: None iii. Commenting: None iv. Written testimony: Glenn Walker v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The Commission was in favor of the revised site layout and drive-through design. c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0013 as presented in the revised staff report for the hearing date of December 3, 2015, with the following modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on December 17, 2015, provided the City Council approves H-2015-0016 on December 15, 2015. Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0020 as presented during the hearing on December 3, 2015. I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on December 17, 2015. EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 2 Continuance I move to continue File Number H-2015-0020 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 subject property is located at 3490 E. Tecate Lane, in the NW ¼ of Section 4, Township 3 North, Range 1 East B. Owner(s): Una Mas, LLC 1717 E. Chisholm Drive Nampa, ID 83687 C. Applicant: Glenn Walker, Neu Design Architecture 136 E. Idaho, Ste. 200 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 16 and 30, 2015 C. Radius notices mailed to properties within 300 feet on: November 5, 2015 D. Applicant posted notice on site by: November 22, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant/undeveloped commercial property, zoned C-G (a CUP for a drive-thru is currently in process for that property) East: Les Schwab tire store, zoned C-G South: E. Tecate Lane and vacant/undeveloped land, zoned C-G West: Vacant/undeveloped land, zoned C-G C. History of Previous Actions:  The subject property was annexed (AZ-05-061, Ord. #06-1251) in 2005 with a C-G zoning district. A development agreement was recorded as a provision of annexation (Instrument No. 106137048).  A preliminary plat (PP-08-007) was approved in 2008 for Una Mas Subdivision. A private street (PS-08-006) application was also approved for two private streets within the EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 3 development, which included Modelo Lane that runs along the north boundary of this site.  A final plat (FP-09-002) was approved in 2009 for Una Mas Subdivision and was later recorded in 2011 (Bk. 103, Pg. 13894). The subject property was included in the plat as Lots 18-21, Block 1. A modification to the final plat (MFP-11-002) was approved in 2011, which allowed a right-in/right-out access via N. Records Ave. for Lot 1 and others as approved specifically by the City and ACHD.  A development agreement modification (H-2015-0016) application is currently in process, scheduled to be heard by City Council on December 15, 2015, to remove the requirement for all building elevations to be in substantial conformance with those previously approved. D. Utilities: 1. Public Works: a. Location of sewer: Sewer service was provided to this lot with the development of the subdivision. b. Location of water: Water service was provided to this lot with the development of the subdivision. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Mixed Use - Regional” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan. This site is located near a major arterial intersection (Eagle Rd./Ustick Rd.) and is proposed to develop with one multi-tenant building containing a 1,706 square foot (s.f.) tenant space for a dry cleaning business with a drive-through and a 1,391 s.f. tenant space. The proposed dry cleaning use with a drive-through should contribute to the variety of uses in this area and provide a service to existing and future neighboring residential uses, consistent with the MU-R designation. 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) EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 4 Parking lot and perimeter landscaping is required to be provided on the site in accord with the standards listed in UDC Table 11-3B-8C.  “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 dry cleaning business will provide a service within walking distance of future multi-family residential uses to the south and nearby existing residences.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed in the parking area and will be 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) There are not any existing or approved residential uses abutting this site. The proposed drive-through is located on the south side of the building which will be facing future commercial uses.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed dry cleaning business with a drive-through will contribute to the variety of services available in the northeast portion of the City. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The C-G district is the largest scale and broadest mix of retail, office, service, and light industrial uses located in close proximity to and/or with access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. A drive-through establishment is a conditional use in the C-G zoning district when located within 300 feet of a residence, residential use, or another drive-thru establishment; and a dry cleaning business is a principal permitted use in the C-G district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 5 The applicant has submitted an application for a conditional use permit (CUP) for a drive-through establishment for a dry cleaning business in a multi-tenant building in the C-G zoning district. A CUP is required because the proposed drive-through is within 300 feet of an existing drive- through establishment (Idaho Central Credit Union to the west), per UDC Table 11-2B-2. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop with a 3,097+/- square foot (s.f.) building with two tenant spaces; one 1,706 s.f. tenant space for a dry cleaning business with a drive-through and one 1,391 s.f. space for a future tenant. Also shown on the site plan is a 4,207 s.f. restaurant with a drive-through on the property to the north; a CUP is concurrently in process for that drive-through. The site plan depicts access to the site via E. Tecate Lane for both properties and circulation and traffic patterns within the site for both of the drive-through establishments. Note: The configuration of the site shown on the site and landscape plans is based on the proposed property boundary adjustment (File #A-2015-0038) for Lots 2 and 3, Block 1 that was tentatively approved on October 26, 2015; final approval has not yet been obtained. Access: Access is proposed via E. Tecate Lane, an existing private street which serves as a backage road to E. Ustick Road. Access to Tecate is available from Records Avenue via Ustick Road to the east and a driveway along the west boundary of the site via Ustick Road. A blanket cross-access easement exists between this lot and the lot to the north per the final plat for Una Mas Subdivision. Parking: Based on the overall square footage of the building (3,097+/- s.f.), a minimum of 6 vehicle parking spaces are required to be provided on the site per the standards listed in UDC 11- 3C-6B. A total of 14 parking spaces are proposed, in excess of the UDC minimum requirements. Based on the number of vehicle parking stalls (14), a bicycle rack capable of holding a minimum of 1 bicycle is required to be provided per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. A bicycle rack is depicted on the site plan. Landscaping: There are no public streets that abut this site; therefore, no street buffer landscaping is required. However, a minimum 5-foot wide landscape buffer is required around the perimeter of the site when adjacent to paved vehicular use areas, per UDC 11-3B-8C.1a. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The planting area within the planter islands is required to be a minimum 5 feet in any dimension measured inside curbs; one of the planter island in front of the building only measure 4’6” feet inside curbs. Hours of Operation: The proposed hours of operation for the drive-through establishment are from 8:00 am to 5:00 pm Monday thru Friday. The UDC does not restrict hours of operation in the C-G zoning district when the use doesn’t abut a residential use or district. Sidewalk: A 5+/- foot wide attached sidewalk exists on this site along E. Tecate Lane. Trash Enclosure: A trash enclosure is depicted on the site plan at the southwest corner of the site. Republic Services has noted that this location does not meet their access requirements for service. Building Elevations: Building elevations were not submitted with this application for the proposed structure. EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 6 Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment as follows: A. All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance or the Conditional Use Permit application. The stacking lane is depicted on the site plan but the speaker and window locations are not shown. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. The site plan depicts a stacking lane capable of holding 5-6 vehicles; there is not adjacent public right-of-way that will be obstructed. Staff feels this is sufficient for the type of use proposed as well as other future drive-through uses. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lane shown on the site plan is separated from the north/south drive-aisle by curbing. D. The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence. This standard is not applicable as the proposed stacking lane is not within 10 feet of a residential district or existing residence. E. Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. The proposed stacking lane incorporates an escape lane. Therefore, Staff recommends approval of the proposed CUP based on the analysis above and the findings listed in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: 10/8/15) - REVISED 3. Landscape Plan (dated: 10/13/15) – NOT APPROVED B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 7 C. Required Findings from Unified Development Code EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 8 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 9 Exhibit A.2: Site Plan (dated: 10/8/15) - REVISED EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 10 Exhibit A.3: Landscape Plan (dated: 10/13/15) – NOT APPROVED EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 11 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development of the site shall substantially comply with the site plan included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement (Instrument No. 106137048) and the amended development agreement (H-2015-0016). 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishment. The site plan submitted with the Certificate of Zoning Compliance application shall demonstrate compliance with these standards. 1.3 The site/landscape plans included in Exhibit A shall be revised as follows (as applicable): a. Relocate the trash enclosure to a location serviceable by Republic Services; coordinate with Bob Olson, Republic Services (208-345-1265). b. Widen the planter area in the planter islands in front of the building to measure a minimum of 5 feet inside curbs in accord with UDC 11-3B-8C.2. c. Depict the location of the drive-thru window and the menu and speaker location (if applicable). d. The landscape plan shall be revised to reflect the revised configuration of the site plan; all landscaping shall comply with the standards listed in UDC 11-3B-8C. 1.4 The applicant shall obtain final approval of the property boundary adjustment (File #A-2015- 0038) application prior to submittal of a Certificate of Zoning Compliance/Design Review application for this site. 1.5 The applicant is required to submit a Certificate of Zoning Compliance application for approval of the proposed use and site layout from the Planning Division prior to submittal of a building permit application. 1.6 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning Compliance application for approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual (or any updated versions thereof in effect at the time of application). 1.7 Prior to submittal of the Certificate of Zoning Compliance application, the amended development agreement (H-2015-0016) shall be recorded. 1.8 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.9 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B-6F. 1.10 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 12 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 The applicant shall coordinate with Bob Olson, Republic Services, on the location and design of the trash enclosure. 6. ADA COUNTY HIGHWAY DISTRICT ACHD did not submit comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 13 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: 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 Commission finds that the subject property is large enough to accommodate the proposed drive-through establishment and meet all of the dimensional and development regulations of the C-G district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is harmonious with the Comprehensive Plan and is consistent with the UDC specific use standards for drive-through establishments as noted in Section IX, Analysis. 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 Commission finds that the proposed use will not adversely change the character of the area and should be compatible with adjacent commercial uses and the general 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 Commission finds that the proposed use, if the applicant complies with the conditions contained herein, will not adversely affect other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to be extended to the subject property. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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 Commission finds the proposed use should not be detrimental to the economic welfare of the community as the applicant will be financing any improvements required for development and there will not be excessive additional costs for public facilities and services. EXHIBIT A Una Mas Drive-Through – CUP H-2015-0020 PAGE 8 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 Commission finds the proposed use will not be detrimental to any persons, property or the general welfare of the area due to activities, processes or conditions of operation of the proposed use. 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 Commission finds that there are not natural, scenic or historic features of major importance that would be affected by the proposed use.