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