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Walmart CUP H-2016-0077CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0077 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for the Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet (300’) of a Residential Use, Located at 5001 N. Ten Mile Road, by Sunday Bougher, SGA Design Group. Case No(s). H-2016-0077 For the Planning & Zoning Commission Hearing Dates of: July 21, 2016 (Findings on August 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 21, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 21, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 21, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 21, 2016, 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-2016-0077 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 July 21, 2016, 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 a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of July 21, 2016, 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 July 21, 2016 Exhibit A Walmart – CUP H-2016-0077 PAGE 1 STAFF REPORT Hearing Date: July 21, 2016 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Walmart – CUP (H-2016-0077) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Sunday Bougher/SDA Design Group, has applied for a conditional use permit (CUP) for a drive-through establishment for a retail store on 26.08 acres of land in the C-G zoning district. A CUP is required because the proposed drive-through is within 300 feet of a residential district and residential uses, per UDC 11-4-3-11 and the development agreement. See Section IX Analysis for more information. 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. The Meridian Planning and Zoning Commission heard this item on July 21, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Yong Cho ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None 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-2016- 0077 as presented in the staff report for the hearing date of July 21, 2016, 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 August 4, 2016. Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0077 as presented during the hearing on July 21, 2016, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Exhibit A Walmart – CUP H-2016-0077 PAGE 2 Continuance I move to continue File Number H-2016-0077 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 5001 N. Ten Mile Road in the SE ¼ of Section 27, Township 4 North, Range 1 West, B.M. B. Owner(s): Walmart Real Estate Business Trust 2001 SE 10th Street Bentonville, AR 72712 C. Applicant: Sunday Bougher, SGA Design Group 1437 S. Boulder, Suite 550 Tulsa, OK 74119 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: July 4 and July 18, 2016 C. Radius notices mailed to properties within 300 feet on: July 1, 2016 D. Applicant posted notice on site by: July 11, 2016 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is developed with a Walmart store. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant commercial property, zoned C-G and C-C 2. East: Developed/vacant commercial development, zoned L-O and C-G 3. South: Vacant commercial property and Bridgetower Heights Subdivision, zoned C-G and R-8 4. West: Vacant residential (Volterra Subdivision) and commercial properties, zoned R-15 and C-C C. History of Previous Actions:  In 2005, the subject property received annexation (AZ-05-040), preliminary plat (PP-05-039), and conditional use permit approval (CUP-05-041) for a mixed use development consisting commercial, office and single family residential. As part of the annexation approval, the site was subject to a DA (instrument #106034786).  In 2008, this property received comprehensive plan map amendment, rezone and development Exhibit A Walmart – CUP H-2016-0077 PAGE 3 agreement modification approval (CPA-08-003, RZ-08-004 and MDA-08-002) with the vision to develop a large scale business park in which this property was to be a part. The project is known as Volterra Mixed Use. A new development agreement (instrument #110051282) was required with the approval and excluded the subject property from the requirements of the original DA noted above.  In 2013, the property received certificate of zoning compliance and administrative design r eview approval (CZC-13-047 and DES-13-046) to construct a 158,848 square foot retail store on the property.  In 2014 and 2015, this property received preliminary plat and final plat (PP-14-016 and FP-15- 002) approval consisting of five (5) commercial lots, known as the Coleman Subdivision. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains serving the existing store were installed at the time of development, and no new service is required as part of this application. b. Location of water: Water mains serving the existing store were installed at the time of development, and no new service is required as part of this application. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is currently designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan, commercial designated areas 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. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 1. “Require all commercial 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. 2. “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. 3. “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. McMillan Road and a commercial use; the nearby residential uses should not be affected by odors and Exhibit A Walmart – CUP H-2016-0077 PAGE 4 noise generated by the proposed use. 4. “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. 5. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Residential development is very limited in the area therefore, staff finds that the proposed drive-through use will not impact the adjacent residential homes which are approximately 280 feet away. For the above stated reasons and analysis, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C-G): The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six 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. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), 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-through establishment, subject to the specific use standards set forth in UDC 11-4- 3-11. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. 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-G zoning district. A CUP is required because the proposed drive-through is within 300 feet of an existing drive-through, per UDC Table 11-2B-2. Though the proposed application does not meet the traditional definition of a “drive-through”, staff’s interpretation of the definition of a drive through is based on the definition as found in UDC 11-1A-1: DRIVE-THROUGH ESTABLISHMENT: The use of a portion of a structure where business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. The term drive-through establishment shall include, but not be limited to, providing food or beverage service, bank service, and/or film processing. The term drive-through establishment shall not include "fuel sales facility" or "vehicle washing facility" as herein defined. In particular, the business plan as presented by the applicant is that the groceries would be ordered and paid for online and that the store would give the customer a specific time in which to Exhibit A Walmart – CUP H-2016-0077 PAGE 5 go to the store to retrieve the ordered merchandise. The customer would (as interpreted by the applicant’s description) interact with employees of the store, and never leave their vehicle. Site Plan: A site plan included in Exhibit A.2 depicts how the applicant proposes to construct the drive-through. The applicant will construct a canopy over the parking stalls that will be used as part of the grocery pick-up service. The applicant will also be constructing a building addition to add a walk-in cooler to store the grocery orders prior to customer pick-up. The site plan also shows a marked pedestrian walkway from the proposed building addition, to the proposed grocery pick-up parking stalls. This walkway should be marked with pavers or scored concrete. The site will be required to meet the standards 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. McMillan Road, and from N. Ten Mile Road. These access points were approved with the development of the Walmart store. Landscaping: Landscaping is installed on site and not subject to review as part of this application.No changes are proposed to the existing landscaping 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. B. There are no stacking lanes, speakers or drive-through window associated with the drive- through. The concept provides a specific parking area for customers who have ordered groceries online and utilize the drive-through service. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. C. See comments above.The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. Existing parking stalls are being converted to accommodate customers waiting to pick-up there online order. D. The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence. NA E. Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. NA Hours of Operation: The proposed hours of operation for the drive-through establishment are from 6:00 am to 12:00 am Monday through Sunday. The UDC does not restrict hours of operation in the C-G zoning district when the property does not abut a residential use or district. Therefore, staff isn’t recommending a restriction on the business hours of operation with this application. Building Elevations: Conceptual building elevations were submitted for the proposed drive- through, included in Exhibit A.4. The proposed canopy structure will need to meet the requirements of the Architectural Standards Manual. Detailed review of the structure will take place with the Certificate of Zoning Compliance and Design Review application; the proposed elevations are not approved with this application. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC Exhibit A Walmart – CUP H-2016-0077 PAGE 6 application for approval of the proposed drive-through from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final 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 Architectural Standards Manual. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Site Plan (dated: 05/26/16) 3. Proposed Elevations (dated: 05/26/16) 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 C. Required Findings from Unified Development Code Exhibit A Walmart – CUP H-2016-0077 PAGE 7 Exhibit A.1: Vicinity Map Exhibit A Walmart – CUP H-2016-0077 PAGE 8 Exhibit A.2: Proposed Site Plan (dated: 05/26/16) Exhibit A Walmart – CUP H-2016-0077 PAGE 9 Exhibit A.3: Canopy Elevations (dated: 05/26/16) Exhibit A Walmart – CUP H-2016-0077 PAGE 10 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site ( CPA-08-003, RZ-08-004, MDA-08-002, DA Instrument No. 110051282, , CZC-13-047, DES-13- 046, PP-14-016 and FP-15-002). 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishment. 1.3 Development of this site shall substantially comply with the approved site plan, and building elevations and the conditions of approval listed herein. 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. 1.5 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 Architectural Standards Manual. 1.6 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.7 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. 1.8 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 comments on this application. 3. FIRE DEPARTMENT 3.1 The Fire Department had no comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department had no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this project. Exhibit A Walmart – CUP H-2016-0077 PAGE 11 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-G 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-G 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 available 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, the applicant will be financing any improvements required for development. 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 Walmart – CUP H-2016-0077 PAGE 13 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. Commission finds the proposed use 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.