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Knighthill Lot 3 Drive-through CUP H-2017-0087CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0087 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 (CUP) for a Drive-through Establishment within 300 feet of another drive-thru on Approximately 0.89 Acres of Land in a C-G Zoning District, by JGT Architecture. Case No(s). H-2017-0087 For the Planning and Zoning Commission Hearing Date of: July 20, 2017 (Findings on August 3, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 20, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 20, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 20, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 20, 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-2017-0087 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 20, 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 July 20, 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 July 20, 2017 By ction of the Planning & Zoning Commission at its regular meeting held on the �, 2017. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER STEVEN YEARSLEY COMMISSIONER GREGORY WILSON COMMISSIONER TREG BERNT COMMISSIONER WILLIAM CASSINELLI COMMISSIONER JESSICA PERREAULT RIf n a McCarvel, Chairperson o0110-0 CCDAUCUS}.I Attest: City of /EID1Z IANC-- IDAi10 :.Jay Coles, City Clerk ��F SEAL JY� P r����/hr TREASU4�, 3r day of VOTED VOTED—�G(, VOTED VOTED_)r VOTED ►� 57M l VOTED VOTED Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By:,'`�l�i�►�{ n s Dated: 7 " �)Q/ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0087 Page 3 Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 1 STAFF REPORT HEARING DATE: July 20, 2017 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Knighthill Lot 3 Drive-through – H-2017-0087 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, James Wylie, has applied for a conditional use permit (CUP) for a drive-through establishment within 300 feet of another drive-through restaurant. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on July 20. 2017. At the public hearing, the Commission moved to approve the subject Conditional Use Permit request. a. Summary of Commission Public Hearing: i. In favor: Jake Wylie ii. In opposition: None iii. Commenting: None 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. Location of other drive-thru establishments within the development. ii. Access to Everest Lane will remain open. 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-2017- 0087 as presented in the staff report for the hearing date of July 20, 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-2017-0087 as presented in the staff report for the hearing date of July 20, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0087 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located 1793 W. Chinden Blvd in NE ¼ of Section 26, Township 4 North, Range 1 West. B. Applicant/Owner: James Wylie 1676 N. Clarendon Way Eagle, Idaho 83616 C. Representative: Greg Toolson, JGT Architecture 1212 12th Avenue South Nampa, Idaho 83651 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 30, 2017 C. Radius notices mailed to properties within 300 feet on: June 22, 2017 D. Applicant posted notice on site by: July 10, 2017 VI. LAND USE A. Existing Land Use(s): The property is vacant commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Chinden Boulevard and vacant and developed commercial property, zoned C-C 2. East: Black Rock Coffee, zoned C-G 3. South: Lochsa Falls Subdivision, zoned R-4 4. West: Vacant commercial property and Lochsa Falls Subdivision, zoned C-N and R-4 C. History of Previous Actions:  In 2013, the property received approval of a new preliminary plat (PP-13-031) and a development agreement modification (MDA-13-019). The approved preliminary plat consists of 5 commercial lots and 1 common lot on 9.11 acres. The DA mod replaced the previously approved concept plan with a new one. The amended DA recorded as instrument #114014784.  The final plat (FP-14-020) was approved in 2014. D. Utilities: 1. Public Works: Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 3 a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in W. Everest Lane. b. Location of water: Water mains intended to provide service to the subject property currently exists in W. Everest Lane, and in the existing driveway near the southeast corner of the subject site. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this property. 2. Hazards: NA 3. Flood Plain: This property is not within the flood plain. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated “Mixed Use Community” on the Comprehensive Plan Future Land Use Map. The purpose of this land use designation is to allocate areas where community-serving uses and dwellings are integrated into the urban fabric. The vacant commercial property is surrounded by a mix of education, office, retail and residential uses as envisioned in the mixed-use standards of the comprehensive plan. The approved concept plan depicted a mix of commercial uses and interconnectivity with the surrounding uses to complement the surrounding developments. Therefore staff is of the opinion; the site is developing in the context of a mixed-use development 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): 1. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscape buffer exists adjacent to W. Chinden Blvd. in accord with UDC 11-3B- 7C. 2. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) All parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. 3. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are readily available to serve the proposed commercial development. 4. “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) This area of Meridian is rapidly transitioning with urban development. To accommodate the needs of the residents in the area, the City approved C-G zoning on this property to serve the area. Staff believes additional retail and the drive-through uses will complement the existing residential developments in the area. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 4 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. Any use not explicitly listed, or listed as a prohibited use is prohibited. 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. D. Landscaping:  Parking lot landscaping: All parking lot landscaping must comply with the standards listed in UDC 11-3B-8C.  Landscape buffers to residential uses must comply with the standards listed in UDC Table 11-2B-3. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the proposed commercial development. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit (CUP): The applicant is proposing to construct a 4,410 square foot multi-tenant building. The conditional use permit is for a drive-through for a restaurant that consist of 2,650 square feet of the building. All access points were approved with the preliminary plat. Staff’s analysis of the proposed development includes the internal site improvements and the site circulation of the drive-through. The proposed site layout is consistent with the concept plan approved for the Knighthill Center. The Planning and Zoning Commission should be aware that this will be the third drive-through in the development. Staff does not anticipate that the number of drive-through establishments will increase the number of internal conflicts, however. The UDC requires a conditional use permit if the drive-through establishment is within 300 feet of a residential district subject to specific use standards listed below. Staff’s analysis of the proposed development includes the internal site improvements and the site circulation of the drive-through. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. Staff has reviewed these standards and found the site plan to be in compliance with those standards however, staff has concerns with the turning radius of patrons entering the west side of the building, the applicant should revise the site plan to ensure that the bulb-out can accommodate all types of vehicles. Site Plan: Staff has reviewed the submitted site plan and requires the necessary revisions prior to the submission of the certificate of zoning compliance (CZC) application. 1) Provide a detail of the bike rack. 2) The drive-through area should be striped one-way as depicted on the submitted site plan. 3) The ADA parking stalls for the site must be located as near as is possible to the main doors to the building. The applicant shall relocate the ADA stalls. Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 5 4) The pedestrian connection across the proposed parking lot to the existing sidewalk along N. Ten Mile shall be scored concrete or pavers to delineate the walkway. 5) The applicant shall relocate the pedestrian connection across the parking lot away from the outdoor patio area. 6) The exit lane of the drive through is in close proximity to the Black Rock coffee exit lane. The applicant shall provide signage to warn patrons exiting the drive-through area to watch for on-coming traffic. Parking: Based on the overall square footage (s.f.) of the building, approximately 4,410 s.f., a minimum of 9 vehicle parking spaces are required to be provided on the site. A total of 39 parking stalls are proposed, which exceeds the UDC requirements. Landscaping: Staff has reviewed the submitted landscape plan for compliance with UDC 11-3B. The landscape plan as submitted complies with the UDC. The 35-foot wide landscape buffer adjacent to W. Chinden Blvd is existing and meets the requirements of the UDC. For purposes of this application staff has analyzed the internal parking lot landscaping. Staff recommends the following revisions to the submitted landscape plan: 1) With the submittal of the CZC application, all parking lot landscaping must comply with the landscape standards set forth in UDC 11-3B-8C. The following items need to be revised as follows: a. All required landscape areas must be at least 70% percent covered with vegetation at maturity in accord UDC 11-3B-5N. b. Provide a detail of the outdoor patio area with the submittal of the CZC application. c. The applicant shall provide a 5-foot landscape island adjacent to the outdoor patio area and adjacent to the parking area. Lighting: Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. If any fixtures are proposed that have a maximum output of 1,800 lumens or more, a photometric report is required to be submitted with the Certificate of Zoning Compliance application to ensure light trespass does not encroach on the adjacent residences to the south. Building Elevations: The applicant has submitted sample elevations of the multi-retail building. In general, staff is supportive of the submitted elevations however to solidify the design staff recommends the following revisions to the submitted plans:  All roof top mechanical equipment shall be screened to the height of the unit as viewed from the farthest edge of the adjoining right -of-way in accord with UDC 11- 3A-19A.1e.  At the time of certificate of zoning compliance application, the applicant shall provide details of the south elevation to ensure cohesive design. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 6 the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed CUP Site Plan 3. Proposed Landscape Plan 4. Proposed Building Elevation B. Conditions of Approval C. Required Findings from Unified Development Code Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 7 Exhibit A.1: Vicinity Map Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 8 Exhibit A.2: Proposed CUP Site Plan Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 9 Exhibit A.3: Proposed Landscape Plan Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 10 Exhibit A.4: Proposed Building Elevations Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 11 B. Conditions of Approval 1. PLANNING DIVISION Conditional Use Permit 1. The applicant shall comply with all conditions of approval for Knighthill Center Subdivision (PP- 13-031, FP-14-020 and DA #114014784). 2. The applicant shall comply with the Specific Use Standards for the drive-through establishments. 3. The site plan is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: a. Provide a detail of the bike rack. b. The drive-through area should be striped one-way as depicted on the submitted site plan. c. The ADA parking stalls for the site must be located as near as is possible to the main doors to the building. The applicant shall relocate the ADA stalls. d. The pedestrian connection across the proposed parking lot to the existing sidewalk along N. Ten Mile shall be scored concrete or pavers to delineate the walkway. e. The applicant shall relocate the pedestrian connection across the parking lot away from the outdoor patio area. f. The exit lane of the drive through is in close proximity to the Black Rock coffee exit lane. The applicant shall provide signage to warn patrons exiting the drive-through area to watch for on-coming traffic. 4. The landscape plan is approved, with the conditions listed herein. The applicant shall revise the landscape plan as follows: a. With the submittal of the CZC application, all parking lot landscaping must comply with the landscape standards set forth in UDC 11-3B-8C. The following items need to be revised as follows:  All required landscape areas must be at least 70% percent covered with vegetation at maturity in accord UDC 11-3B-5N.  Provide a detail of the outdoor patio area with the submittal of the CZC application.  The applicant shall provide a 5-foot landscape island adjacent to the outdoor patio area and adjacent to the parking area. 5. The elevations are approved, with the conditions listed herein. The applicant shall include the following revisions to the building elevations: a. All roof top mechanical equipment shall be screened to the height of the unit as viewed from the farthest edge of the adjoining right-of-way in accord with UDC 11-3A-19A.1e. b. At the time of certificate of zoning compliance application, the applicant shall provide details of the south elevation to ensure cohesive design. 6. Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval in this report. Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 12 7. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout and building designs prior to submittal of a building permit application. 8. 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 Architectural Standards Manual (ASM). 9. Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 10. The applicant shall have a maximum of two (2) years to commence the drive-through 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. 11. 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. 12. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 13. The hours of operation for the commercial development is restricted to the hours between 6 am and 11 pm, seven days a week. Extended hours of operation may be requested through a conditional use permit in accord with UDC 11-2B-3A.4. 14. All signage for the property is subject to the standards set forth in UDC 11-3D. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall comply with all conditions of approval associated with the approved Knighthill Center preliminary plat (file #PP-13-031). 3. POLICE DEPARTMENT 3.1 The Police Department has no comments related to this application. 4. FIRE DEPARTMENT 4.1 The applicant shall comply with all conditions of approval associated with the approved Knighthill Center preliminary plat (file #PP-13-031). 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING) 7.1 ACHD did not provide comments on this application. Exhibit A Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 13 C. Required Findings from Unified Development Code 1. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: 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 retail and drive-through uses and development regulations of the C-G district (see Analysis Section VII, VIII & 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 MU-C for this site. 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 of the property should be compatible with other uses in the general neighborhood and with the existing and intended 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. Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties 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 the proposed use will be served adequately by all of the public facilities and services as applicable. 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 Knighthill Lot 3 Drive-through – H-2017-0087 PAGE 14 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 generate additional traffic in the area but should not involve activities that will 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, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.