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Gyro Shack CUP H-2017-0028CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0028 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a for a drive-through establishment within 300 feet of another drive-thru on 0.493 of an acre of Land in the C-G Zoning District for Gyro Shack at Paramount, by Jeff Likes. Case No(s). H-2017-0028 For the Planning & Zoning Commission Hearing Date of: April 6, 2017 (Findings on April 20, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 6, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 6, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 6, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 6, 2017, 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-2017-0028 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 April 6, 2017, 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 April 6, 2017, 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 April 6, 2017 EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 1 STAFF REPORT Hearing Date: April 6, 2017 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Gyro Shack at Paramount – CUP (H-2017-0028) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jeff Likes, ALC Architecture, has applied for a conditional use permit for a drive- through establishment within 300 feet of another drive thru on 0.493 of an acre of land in the C-G zoning district. 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 April 6, 2017. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Richard Wilmot ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach, Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The requirement of a 25-foot landscape buffer along the adjacent multi-family development on the east boundary. ii. The process for approving a reduction to the required 25-foot landscape buffer. iii. Questions about the layout of the drive-thru lanes, etc. iv. Questions about sufficient parking on the site. v. Questions about overall design of the building and whether or not the applicant would have to include some additional architectural features. c. Key Commission Changes to Staff Recommendation: i. Remove condition 1.10A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0028 as presented in the staff report for the hearing date of April 6, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0028 as presented during the hearing on April 6, 2017, 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 Gyro Shack at Paramount – CUP H-2017-0028 PAGE 2 Continuance I move to continue File Number H-2017-0028 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 5038 N. Linder Road, in the SW¼ of Section 25, Township 4 North, Range 1 West B. Owner(s): Brighton Investments, LLC 12601 W. Explorer Drive Boise, ID 83713 C. Applicant: ALC Architecture Jeff Likes 325 E. Shore Drive #110 Eagle, ID 83616 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: March 17, 2017 C. Radius notices mailed to properties within 300 feet on: March 9, 2017 D. Applicant posted notice on site by: March 24, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Dutch Bros. Coffee, zoned C-G East: Linder Springs Townhomes, zoned C-G South: Kelson Orthodontics, zoned C-G West: Kelly Creek Subdivision, zoned C-G C. History of Previous Actions:  In 2004, this property was annexed as part of Paramount Subdivision (AZ-03-006) with a Development Agreement, recorded as Instrument No. 103137116.  In 2003, a preliminary plat (PP-03-004) and conditional use permit/planned development (CUP-03-008) was approved for Paramount Subdivision which include the subject property. This property was designated on the conceptual site plan for retail/office uses.  In 2007, this property was included in the following approvals: EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 3  Preliminary plat (PP-07-011) for 18 commercial building lots on 18.5 acres of land in a C-G zoning district;  Development Agreement modification (MI-07-007) to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C-G and L-O zoning districts, recorded as Instrument No. 107145935.  In 2012, a final plat (FP-12-019) was approved for Commercial Southwest Subdivision No. 2 which includes the subject property as Lot 2, Block 2. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist. b. Location of water: Water mains to provide service to this project currently exist. 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 This property is 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. The proposed use of the property as a restaurant with a drive-through is consistent with the uses desired in Commercial designated areas and therefore is consistent with the Comprehensive Plan. 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) There is a 25-foot wide landscaped street buffer on this site along N. Linder Road that was installed with the development of the subdivision in accord with UDC Table 11-2C-3. Additional parking lot and perimeter landscaping will be required with the development of the subject 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 restaurant will be located within walking distance of several near-by EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 4 residential neighborhoods.  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02O) Direct lot access is not proposed or allowed via N. Linder Road.  “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 is an apartment complex (Linder Springs) to the east of this site. The proposed drive- through is separated from the dwellings by a 35-foot wide driveway.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed restaurant with a drive-through will contribute to the variety of services available in the northern portion of the City. 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. 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 restaurant is a principal permitted use in the C-G zoning district; a drive-thru establishment requires conditional use permit approval when located within 300 feet of a residence, residential use, or another drive-thru establishment. 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. D. Landscaping: Street buffer landscaping: Street buffer landscaping is required in accordance with the standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-3B-7C. Street buffer landscaping was installed with development of the subdivision. Parking lot landscaping: All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining uses: A buffer to the residential uses at the east property boundary is required in the C-G zoning district per UDC Table 11-2B-3 and should be installed in accord with the standards listed in UDC 11-3B-9C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B. EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 5 F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: H-2017- Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: 02/01/2017) 3. Landscape Plan (dated: 02/17/2017) 4. Building Elevations (dated: 02/01/2017 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 Gyro Shack at Paramount – CUP H-2017-0028 PAGE 6 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 7 Exhibit A.2: Site Plan (dated 02/01/2017) EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 8 Exhibit A.3: Landscape Plan (dated 02/17/2017) EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 9 Exhibit A.4: Proposed Building Elevations (dated 02/01/2017) EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 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 (AZ- 03-006; PP-07-011; MI-07-007; FP-12-019). 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishment. 1.3 The site and/or landscape plans included in Exhibit A, dated 3/6/15 shall be revised as follows (as applicable): a. Include one tree within the planter island at the south end of the row of parking on the west side of the building and within the planter island at the west end of the row of parking on the north side of the building in accord with UDC 11-3B-8C. b. A 25-foot wide landscape buffer to adjoining residential uses is required along the east side of the site along the backage road adjacent to the apartments in Linder Springs as set forth in UDC Table 11-2B-3, planted in accord with the standards listed in 11-3B-9C. c. Either provide wheel stops within parking stalls that abut street, perimeter landscape buffers and sidewalks, or widen the buffers or sidewalk an additional 2 feet beyond the required width to allow for vehicle overhang in accord with UDC 11-3C-5B.4. d. A bicycle rack capable of holding a minimum of 2 bicycles is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. e. A pedestrian walkway is not depicted on the site plan from the perimeter sidewalk along N. Linder Road to the main building entrance. The applicant shall include these items on the site plan at the time of the certificate of zoning compliance. f. The landscape plan should be revised to include one tree within the planter island at the south end of the row of parking on the east side of the building. Additionally, the landscape buffer on the north side requires 1 tree for every 35 feet for a total of 4 required trees. The landscape buffer along the western property line is also required to have 1 tree for every 35 feet for a total of 4 trees. Please revise the landscape plan accordingly. 1.4 All existing landscaping within the street buffer adjacent to N. Linder Road shall be protected during construction in accord with UDC 11-3B-10C. 1.5 The hours of operation for the proposed restaurant and drive-thru are restricted to the hours between 6 am and 11 pm. Extended hours of operation may be requested through a future conditional use permit in accord with UDC 11-2B-3A.4. 1.6 All outdoor equipment areas shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets per UDC 11-3A-12. 1.7 All lighting on the site shall comply with the standards listed in UDC 11-3A-11. 1.8 The applicant shall submit 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 and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.9 The applicant shall submit an application for Administrative Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to comply with the standards listed in UDC 11-3A-19 and the EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 11 City of Meridian Architectural Standards Manual. 1.10 With submittal of the administrative design review application, the applicant should make several changes to the building elevations to bring the building more in line with the surrounding buildings. The applicant should provide revised elevations which include the following items: a) Provide decorative trim around the all doorways and windows. b)a) Replace the metal wainscot with stone. 2. PUBLIC WORKS DEPARTMENT 2.1 Applicant shall be responsible to install sanitary sewer and water services to the proposed use. 2.2 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. 2.3 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.4 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 dedicated via the City of Meridian’s standard forms. 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Obtain approval from Republic Services for trash enclosure prior to submittal of Certificate of Zoning Compliance application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 At the time of the staff report, staff had not yet received a report from ACHD. 7. PARKS DEPARTMENT 7.1 The Parks Department had no comments on this application. EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 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. The Commission finds that the subject property is large enough to accommodate the proposed restaurant with a drive-through and comply with the dimensional & development regulations of the C-G zoning 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 of the property will be harmonious with the UDC and 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 Commission finds that if the applicant complies with the conditions outlined in this report, the proposed drive-through establishment should be compatible with residential and commercial uses in the area and should 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 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. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. The 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. The applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and nor will they be detrimental to the community’s economic welfare. 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 of the site as a restaurant with a drive-through establishment will not be detrimental to any persons, property or the general welfare of the area. EXHIBIT A Gyro Shack at Paramount – CUP H-2017-0028 PAGE 8 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 should not be any health, safety or environmental problems associated with the proposed use. Further, the 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.