Loading...
Village at Meridian Cafe Rio Drive-Through H-2020-0116 Findings Item 2. F90-1 CITY OF MERIDIAN w IDIAN;_-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet(300') of another Drive-Through Establishment in the C-G Zoning District for Village at Meridian Cafe Rio,by Layton Davis Architects. Case No(s).H-2020-0116 For the Planning& Zoning Commission Hearing Date of. January 21,2021 (Findings on February 4,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 21, 2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 21,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 21, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 21, 2021,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. It-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-2020-0116 Page 1 Item 2. F-91 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 January 21,2021, 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 January 21, 2021, 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 11-513-6F.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. 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 January 21,2021 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2020-0116 Page 2 Jufn!3/:3 By action of the Planning & Zoning Commission at its regular meeting held on the ___________ day of ________________, 2021. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED_______ COMMISSIONER ANDREW SEAL, VICE CHAIRMAN VOTED_______ COMMISSIONER LISA HOLLAND VOTED_______ COMMISSIONER STEVEN YEARSLEY VOTED_______ COMMISSIONER WILLIAM CASSINELLI VOTED_______ COMMISSIONER NICK GROVE VOTED_______ COMMISSIONER RYAN FITZGERALD VOTED_______ VOTED_______ ____________________________ Attest: __________________________________ Chris Johnson, City Clerk 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:__________________________________ Dated:________________________ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2020-0116 Page 3 Item 2. ■ EXHIBIT A C� E IDIAN�-- STAFF REPORT f D A H 0 COMMUNITY DEVELOPMENT DEPARTMENT HEARING 1/21/2021 Legend DATE: Iff Prdject Lc=ton 1 , TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner - 208-884-5533 SUBJECT: H-2020-0116 Village at Meridian Caf6 Rio Drive- Through-CUP LOCATION: 3243 E.Village Dr. (Lot 1,Block 2, CenterCal Subdivision),in the SW 1/4 of Section 4,Township 3N.,Range 1E. di F I. PROJECT DESCRIPTION Conditional use permit for a drive-through establishment within 300-feet of another drive-through establishment on 0.97-acre of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.97-acre Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Restaurant with a drive-through in a multi-tenant building Current Zoning General Retail and Service Commercial District(C-G) Proposed Zoning NA Lots(#and type;bldg/common) NA Amenities NA Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 11/11/20;no one from the public attended the meeting attendees: History(previous approvals) AZ-07-012(DA Inst.#108131103);MDA-11-012(1 It Addendum Inst.#111056292 and 2nd Addendum Inst. #112025435) Page 1 Item 2. F94] EXHIBIT A A. Project Area Maps Future Land Use Map Aerial Map Legend Legend J 0Prajeot Lflcfliion lei Proient L4Mo-o id i Q �sSll+i'r�u A A - �rc4 3q iU A I!lil ill � 4` I U T' Zoning Map Planned Development Map Legend RL Legend oQ a Project Laofliion Project Lccfl-fion I 4 _'2 Rp �T { i Cat} Lines 1 R-4 RU — Planned Parcels -- � 4 RU I I I I I I R- IF Y n Page 2 Item 2. ■ EXHIBIT A III. APPLICANT INFORMATION A. Applicant: John Davis, Layton Davis Architects—2005 E. 2700 S., Ste. 200, Salt Lake City,UT 84109 B. Owner: Meridian Centercal, LLC—7455 SW Bridgeport Rd., Ste. 205, Tigard, OR 97224 C. Representative: Same as Applicant IV. STAFF ANALYSIS A conditional use permit is requested for a drive-thru establishment for Cafe Rio in a 10,000+/- square foot multi-tenant building on 0.97-acre of land in the C-G zoning district. Cafe Rio will occupy the southern tenant space in the building. The proposed drive-through is within 300-feet of another drive-through(i.e. Chick-fil-a to the north),which requires conditional use approval per UDC Table 11-2B-2. The existing drive-through is separated from the drive-through to the north by a public street(i.e. E.Village Dr.);therefore,no traffic conflicts exist between the two sites. The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4- 3-11,Drive-Through Establishment. Staff has reviewed the proposed site design as shown on the site plan in Section V.A for consistency with the specific use standards and determines the following: 1) the stacking lane has sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-way by patrons; 2)the stacking lanes are separate lanes from those needed for access and parking; 3)no residential district or existing residence abuts the site; 4)an escape lane is proposed because the stacking lane is greater than 100' in length; and 5)the drive-through is visible from N. Eagle Rd. for surveillance purposes. Therefore, Staff deems the proposed drive-through in compliance with the specific use standards as required. Access is proposed via a driveway from a right turn lane from Eagle Rd. on E. Village Dr., along the northern boundary of this site across the abutting lot; direct lot access via N. Eagle Rd. is prohibited. ACHD's traffic engineers have reviewed and approved the proposed turn lane configuration. A reciprocal cross-access easement for vehicular and pedestrian ingress/egress to the public right-of- way is depicted on the plat for this subdivision and included in the Covenants, Conditions and Restrictions(CC&R's)(Inst. #112048054). A minimum of one(1)parking space is required to be provided for every 250 square feet of gross floor area for restaurant uses; a minimum of one(1)parking space is required for every 500 square feet of gross floor area for other non-residential commercial uses in the multi-tenant building. A 10,000 square foot multi-tenant building is proposed;no calculations on the square footage of the proposed restaurant were submitted. Based on the area of overall building, a minimum of 20 parking spaces would be required with more for the restaurant use. Only 12 spaces are depicted on the site plan on this property/lot—additional spaces are depicted off-site adjacent to this property. A non- exclusive easement exists in the CC&R's for the CenterCal development that allows cross- access/parking(Inst. 112048054). Bicycle parking is proposed in accord with the standards listed in UDC 11-3C-6G. A landscape plan was submitted, included in Section VII.B,that depicts parking lot landscaping for the site in accord with the standards listed in UDC 11-3B-8C. Street buffer landscaping was installed with development of the subdivision along N. Eagle Rd. and E. Village Dr. Because the drive- through lane and back of the building(with mechanical equipment)will be highly visible from N.Eagle Rd., Staff recommends additional landscaping(i.e.coniferous trees/bushes)is provided Page 3 Item 2. F96] EXHIBIT A within the street buffer along N.Eagle Rd.to screen this area and these functions while preserving a clear view of the drive-thru window for surveillance purposes.Where pedestrian walkways cross vehicular driving surfaces,the walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. There are a couple of existing trees on this site in planter islands in the parking area around the existing pad site.They should be relocated elsewhere on the site if possible.If removed,they will require mitigation per the standards listed in UDC 11-3B-19C.5. Conceptual building elevations were submitted as shown in Section VLC that incorporate materials consisting of EIFS in two different colors,tile,metal and concrete trim/accents and standing seam metal roofing. All mechanical equipment on the back of the building and outdoor service and equipment should 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 as set forth in UDC 11-3A-12.Final design shall be consistent with the design standards listed in the Architectural Standards Manual.A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with UDC standards and design standards. V. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VII per the Findings in Section VIII. B. The Meridian Planning&Zoning Commission heard this item on January 21,2021.At the public hearing,the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing a. In favor: John Fink, CenterCal(Applicant); John Davis,La on Davis Architects (Applicant's Representative) b. In opposition:None C. Commenting: None d. Written testimony: John Davis.Layton Davis Architects in agreement with staff report) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. The Applicant testified that although another restaurant use may_ be located in the multi- tenant buildings, another drive-through will not be proposed. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None Page 4 Item 2. F97 EXHIBIT A VI. EXHIBITS A. Proposed Site Plan(dated: 10/9/2020) &Conceptual Engineering Plan(dated: 12/10/20) P�ie�f inremarian: TIE ORR�IIIP -- £ iILLAG6'UWl'h'(yU8L7C1 "" y .. -- a ------------- c a,axo,uzn Maten M tegefd:na 0 CC w -.'��.•DTI-_ _ � .b� K}.r�eo..,�e�..,A,: 4 C. I' / CJff nq _ a� -- i awenxeaa..0 f LU L WJ C a YCinid Mw i CI -aille Plan T.s C1.00 Page 5 Item 2. F9-8 EXHIBIT A LAND GROUP A; �m�amu� �v nnw oanim � a�Y Q r w - r rr�m.r�mm�aa� J O J Trash Enclosure , w Zf cl w Q ( BallarAatirashEnclosure ��,iypi_alBollard � � ys' ;.;...,.; .., �E='i�B.m;l, 4 &�le Rack C1.50 Page 6 Item 2. F9-q EXHIBIT A .. y. Sheer N—: °n HE LAND T WCROUP PRDGRESS SET . s r• ���r.�cs carve�ruauc� I .€ $ � , se.FrNer�oie,�,K.� ■ �El 4 II FY 26292h � � Water NeYn[•t�� A[�w,r r0 I j I€ •1 ® �u �rock : W Jill I e Cl) D 7�tilitYKeTnalm: A n Q iwaoNOJorr a PROJECT NO nIOA owN ericRc sr CRIJ� _ QF i SIIEIIIILIIY RAN I Z4][ia SHEETS CUP-bencepteal Engineering Plan ® C5 00 ®Q ,s Page 7 - Item 2. FoolEXHIBIT A B. Proposed Landscape Plan(dated: 10/9/2020) T-T-0.011.,— P-1-9 Wdmq.nW. 7—INK.S.�IIA. THE LAMD "m 6RWP ul..ec = m M --- x viarscn•uwvz(ruxucl P,a^��^���"�• PLANT SCHECIIIf�e LLJ ri Ud unary...e WdFft.rrc ,•�.��.��...� a ,�,CM-Landscape Pkle 6 L1.00 li i io 6RWP 0 a a ca a� o� s y W w f t a a W y, R J(.1 7 e� m L1.50 Page 8 Item 2. 1 EXHIBIT A 101 C. Proposed Building Elevations,Rendering and Floor Plan i - v 4 1 w �`Nwu uHwLEVAiION ---"-__e.- r$ k w >4 �5 yo �w y 5mb i°e l° ! a �I — - -• ---- --------- /1 EA8T 9.EYATpM1I � �� r A201 _eeieacxNevnmN-m�cr.NTcs renrnes � <- �g� w mo io� A202 Page 9 Item 2. EXHIBIT A F102] Ln H 7 7 7 W, L--- OIL' Page 10 Item 2. F103] EXHIBIT A VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the existing Development Agreement(Inst. #108131103,AZ-07-012)as amended with MDA-11-012 (Pt Addendum Inst. #111052692 and 2'Addendum Inst. #112025435). 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. The stacking lane, menu and speaker location, and window location shall be depicted in accord with UDC 11-4-3-IIB. b. Where pedestrian walkways cross vehicular driving surfaces, the walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4. c. All mechanical equipment on the back of the building and outdoor service and equipment areas should 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 as set forth in UDC 11-3A-12. d. Include additional landscaping(i.e. coniferous trees/bushes)within the street buffer along N. Eagle Rd.to screen the back side of the building and mechanical equipment while preserving a clear view of the drive-thru window for surveillance purposes. e. Include mitigation information for any existing trees that are removed from the site in accord with the standards listed in UDC 11-3B-19C.5. 3. Compliance with the standards listed in UDC 11-4-3-11 — Drive-Through Establishment is required. 4. Compliance with the standards listed in UDC 11-4-3-49—Restaurant is required. 5. A non-exclusive easement exists in the Covenants, Conditions & Restriction's for the CenterCal development that allows cross-access/parking between lots in the subdivision(Inst. 112048054). 6. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 7. The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City. 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 as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-513-6F. B. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=219002&dbid=0&repo=MeridianC hty Page 11 Item 2. F104] EXHIBIT A C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.orglWebLinkIDocView.aVx?id=219011&dbid=0&repo=MeridianCit X VIII. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. 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 the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds the proposed restaurant with a drive-through will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VII of this report. 3. 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 the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. 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 the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VII of this report. 5. 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 the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The Commission finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. Page 12 Item 2. EXHIBIT A 105 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 13