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Cherry Crossing Drive-Through CUP-H-2015-0023CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0023 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet (300’) of a residential use, in a C-N zoning district, located at 1756 W. Cherry Lane, by Jeff Hatch, Erstad Architecture. Case No(s). H-2015-0023 For the Planning & Zoning Commission Hearing Date of: December 17, 2015 (Findings on January 7, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 17, 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-2015-0023 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 17, 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 17, 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 17, 2015 Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 1 STAFF REPORT Hearing Date: December 17, 2015 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: H-2015-0023 – Cherry Crossing Drive-Through - CUP I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Erstad Architects, has applied for a conditional use permit (CUP) for a drive-through establishment within 300 feet of a residential use, in a C-N zoning district. See Section IX Analysis for more information. The Meridian Planning and Zoning Commission heard this item on December 17, 2015. At the public hearing, the Commission voted to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: None ii. In opposition: None iii. Commenting: Jeff Hatch iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Speaker location c. Key Commission Changes to Staff Recommendation: i. None II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0023 as presented in the staff report for the hearing date of December 17, 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 January 7, 2016. Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0023 as presented during the hearing on December 17, 2015, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number H-2015-0023 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 Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 2 A. Site Address/Location: The subject property is located at 1756 W. Cherry Lane, in the SE ¼ of Section 2, Township 3 North, Range 1 West B. Owner(s): Cherry Linder, LLC P.O. Box 8584 Boise, ID 83707 C. Applicant: Jeff Hatch, Erstad Architects 310 N. 5 th Street Boise, ID 83702 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 30 and December 14, 2015 C. Radius notices mailed to properties within 300 feet on: November 19, 2015 D. Applicant posted notice on site by: December 8, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of a multi-tenant commercial building, zoned C-N. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residences, zoned R-4 East: Total Woman Fitness, zoned C-N South: W. Cherry Lane, multi-tenant commercial building, zoned C-N West: Single-family residences, zoned R-4 C. History of Previous Actions: • The subject property received preliminary plat (PP-01010) and Conditional Use Permit (CUP-01-016) approval in 2001, and final plat (FP-02011) approval in 2002. • In 2005, the subject property also received Certificate of Zoning Compliance for the site to construct the multi-tenant building (CZC-05-048). Although the drive-through is constructed, the City does not have any records of a drive-through uses being established on the property thus the reason for the CUP application. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer service currently exists to the subject parcel Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 3 b. Location of water: Water service currently exists to the subject parcel. 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 “Commercial” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The applicant requests approval to operate a drive-through use on the site, which requires conditional use permit approval in the C-N zoning district when adjacent to residential use or zoning district. 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) The existing parking lot and perimeter landscaping appear to meet the standards listed in UDC 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. • “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed drive-through is located on the south side of the building facing W. Cherry Ln. and a commercial use; the nearby residential uses should not be affected by odors and noise generated by the proposed use. • “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed drive-through business will contribute to the variety of services available in the northwest portion of the City. • “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” The existing small-scale commercial development on this site provides a variety of services to existing residential neighborhoods and will provide services for future neighborhoods in this area of the City. Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 4 • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There is an existing block wall and a 25 to 30 foot landscape buffer on the west side of the subject property. 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 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 purpose of the C-N district is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Allowed uses in the C-N district are a small scale convenience with limited hours of operation with access to arterials or collectors. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-N zoning district. A drive-through establishment is a conditional use in the C-N zoning district when located within 300 feet of a residence, residential use, or another drive-through establishment. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-N zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has submitted an application for a conditional use permit (CUP) for a drive-through establishment in the C-N zoning district. A CUP is required because the proposed drive-through is within 300 feet of a residential use (to the west), per UDC Table 11-2B-2. Site Plan: A site plan included in Exhibit A.2 depicts how the applicant proposes to use the existing drive-through. The site will be required to meet the standard s of UDC 11-4-3-11, and will be required to obtain a CZC for the design of the drive-through . Access: Access is from W. Cherry Ln, and from W. Emerald Falls Drive. Landscaping: Landscaping is installed on site and not subject to review as part of this application. 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 (CZC) or the Conditional Use Permit (CUP) application. The stacking lane is depicted on the site plan; however, the window location, the speaker location and the menu board locations are not identified as such. The site plan and Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 5 submitted with the CZC application should depict the locations of the window, the speaker and the menu board. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. The stacking lane shown on the site plan does not appear to have sufficient capacity to prevent obstruction of interior drive aisles. 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 appears to be separated from the drive-aisle by an existing landscape island. Further separation from the drive aisle will likely be required to meet site design standards. Staff recommends installing extruded curb to further separate the drive aisle from the drive-thru lane. This will help to protect vehicles in the drive-aisle. D. The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence. There is an existing approximately 30 foot landscape buffer to the west of the drive- through stacking lane that buffers the drive-through from the adjacent residential uses. E. Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. The stacking lane is not 100’ in length. Hours of Operation: The proposed hours of operation for the drive-through establishment are from 7:00 am to 10:00 pm Monday through Saturday and 7:00 am to 6:00 pm on Sunday. The UDC restricts hours of operation in the C-N zoning district from 6:00 am to 10:00 pm. Therefore, staff isn’t recommending a restriction on the business hours of operation with this application. Building Elevations: Building elevations are not required as part of this project. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use and modifications to the drive-through from the Planning Division prior to submittal of a building permit application. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: 03/24/05) 3. Landscape Plan (dated: 03/17/05) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 6 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 7 Exhibit A.1: Vicinity/Zoning Map Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 8 Exhibit A.2: Site Plan (dated: 10/02/15) Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 9 Exhibit A.3: Landscape Plan (dated: 10/02/15) Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 10 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development of the site shall substantially comply with the site plan and landscape plan included in Exhibit A, the conditions of approval listed herein. 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 and the conditions of approval in this report. 1.3 The site/landscape plans included in Exhibit A shall be revised as follows (as applicable): A. Depict the location of the drive-through window. B. Depict the location of the drive-through speaker. C. Depict the location of the drive-through menu board. D. Demonstrate through painted, extruded curb that the drive-through lane is separated from the drive aisle. 1.4 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. The proposed site layout is required to comply with the design standards listed in UDC 11-3A-19 (or any updated versions thereof in effect at the time of application). 1.5 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.6 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. 1.7 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. 1.8 Per UDC 11-28-3, the proposed business will only be allowed to operate between the hours of 6:00 am and 10:00 pm. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 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 Republic Services has no comments on this application. Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 11 6. ADA COUNTY HIGHWAY DISTRICT 6.1 A staff report has not yet been received from ACHD for this project. 7. PARKS DEPARTMENT 7.1 The Parks Department has no concerns with this application. Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 12 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. Commission finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the C-N district as required by the UDC (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. Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site if designed in accord with the conditions listed in Exhibit B. 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. Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the area, and with other existing and future uses in the C-N zoning district. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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. Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Commission 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. If approved, Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. Exhibit A Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 12 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. Although the proposed use will likely produce traffic, noise and odors, Commission finds it will not be excessive and will not be detrimental to any persons, property or the general welfare of the area. 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. Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.