Z - Signed Findings Item 3. F85
CITY OF MERIDIAN V 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(300)Feet of a Residential Zoning District for Lost Rapids Drive-Through,Located
on 1.61-Acres of Land in the C-G Zoning District,by Lost Rapids Development,Inc.
Case No(s).H-2021-0001
For the Planning& Zoning Commission Hearing Date of. March 4,2021 (Findings on March 18,
2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 4,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 4,2021,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 4,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 4,2021,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. 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-2021-0001
Page 1
Item 3. 86
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 March 4,2021, 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 March 4,2021,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 March 4,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0001
Page 2
Item 3. 87
By action of the Planning&Zoning Commission at its regular meeting held on the 18th day of
March 92021.
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 MARIA LORCHER VOTED
Rhonda McCarvel, Chairman
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:
3-18-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0001
Page 3
Item 3. ■
EXHIBIT A
C�
E IDIAN�--
STAFF REPORT f D A H 0
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/4/2021 Legend
DATE:
Iff Project Lacfli�on
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2021-0001g9h �M
Lost Rapids Drive-Through—CUP
LOCATION: W. side of N. Ten Mile Rd.,north of W.
Lost Rapids Dr. (Lot 13,Block 1,Lost
Rapids Subdivision—Parcel
#R5330761300),in the NE '/4 of Section
27,Township 4N.,Range 1 W.
I. PROJECT DESCRIPTION
Conditional use permit for a drive-through establishment within 300-feet of a residential zoning
district on 1.61-acres of land in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.61-acres
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Restaurant with a drive-through in a multi-tenant building
Current Zoning 1111rm General Retail and Service Commercial District(C-G)
Physical Features(waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date;#of 11/24/20;2 attendees
attendees:
History(previous approvals) H-2018-0004(DA#2018-079970,Lost Rapids-GFI
Meridian Investments II,LLC);FP-2020-0045
Page 1
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Item 3. EXHIBIT A 90
C. Representative:
Derek Gasser, Lost Rapids Development,LLC—74 East 500 South, Ste. 200,Bountiful,UT
84010
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 2/12/2021
Radius notification mailed to 2/9/2021
properties within 300 feet
Site Posting Date 2/23/2021
Next Door posting 2/9/2021
V. STAFF ANALYSIS
The proposed drive-through is within 300-feet of a residential zoning district,which requires
Conditional Use Permit approval(CUP)per UDC Table 11-2B-2. The residential zoning district that
constitutes the CUP requirement is located to the southwest of this site where Lost Rapids
Apartments are approved and in the development process. There are also residential uses and zoning
to the east across N. Ten Mile Rd. but because the uses are separated by an arterial street, these are
not a factor in the CUP requirement per UDC 11-4-3-1 M.
Specific Use Standards: The proposed drive-through establishment is subject to the specific use
standards listed in UDC 11-4-3-11,Drive-Through Establishment. A site plan is required to be
submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and
between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the
following standards: Staff's analysis is in italics.
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles and
the public right-of-way by patrons;
At 259'+/-from the drive-through window to the nearest drive-aisle that serves the row of
parking in front of the building, Staff believes the stacking lane has sufficient capacity to serve
the use without obstructing driveways and drive aisles by patrons.
2)The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designed employee parking.
Although the stacking lane isn't a separate lane from the driveway that provides access to the site
and access to parking, more than 13 vehicles would have to be waiting in the stacking lane before
it would block access to the parking area (based on 259%20), which the Applicant doesn't
believe will be an issue due to the types of restaurants being considered for this tenant space.
3)The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence;
The stacking lane is not located within 10'of any residential district or residence.
4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape
lane; and
Page 3
Item 3. F-91
EXHIBIT A
The stacking lane exceeds 100'in length and an escape lane is proposed.
5)The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive-through is visible from N. Ten Mile Rd., a public street along the east boundary of the
site,for surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through in compliance with the
specific use standards as required.
The proposed restaurant is subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,
which requires at a minimum, one (1)parking space to be provided for every 250 square feet of gross
floor area. Upon any change of use for an existing building or tenant space,a detailed parking plan is
required to be submitted that identifies the available parking for the overall site that complies with
UDC standards.
Access: One driveway access is proposed to the site via the north/south driveway along the west
boundary of the site from W. Lost Rapids Dr. from the south; a driveway access exists via N. Ten
Mile Rd. on the adjacent property to the north. A reciprocal cross-access easement exists for lots in
this subdivision as noted on the Lost Rapids subdivision plat(note#12) and in the Declaration of
Easements, Covenants, Conditions and Restrictions(Inst. 2020-071547).
Parking: 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 9,392 square foot(s.f.)multi-tenant building is proposed with 2,596 s.f.proposed for the restaurant
tenant. Based on the requirement,a minimum of 23 spaces are required; a total of 77 spaces are
proposed in excess of UDC standards.
The recorded Declaration of Easements, Covenants, Conditions and Restrictions for this development
establish cross-parking easements for lots in certain groups within the development(Inst. 2020-
071547,Amended Inst. #2020-171404). This lot(Lot 13) is grouped with Lots 14 and 15 to the south
and shares a perpetual,non-exclusive cross-parking easement with those lots.
A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location
and design standards listed in UDC 11-3C-5C. Bicycle parking shall be depicted on the site plan
submitted with the Certificate of Zoning Compliance application in accord with the
aforementioned standards.
Pedestrian Walkways: A pedestrian walkway is depicted on the site plan from the perimeter
sidewalk along N. Ten Mile Rd. to the main building entrance as required by UDC 11-3A-19B.4a.
Where pedestrian walkways cross vehicular driving surfaces,the walkways are required to 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.The site plan submitted with the
Certificate of Zoning Compliance application should reflect compliance with this standard.
Staff recommends a pedestrian walkway,minimum 5-feet in width,is provided to the sidewalk
in front of the building from the sidewalk along the west boundary of the site; and along the
north boundary of the site between the sidewalk along Ten Mile Rd. and the sidewalk along the
west boundary of the site for safe pedestrian access. The walkways should be distinguished
from the vehicular driving surface as noted above.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-3B-8C. Landscaping is depicted on the landscape plan in Section VII.B in planter islands
Page 4
Item 3. F92]
EXHIBIT A
within the parking area as required.A minimum 5-foot wide landscape buffer is required to be
provided along the perimeter of the parking or other vehicular use areas as set forth in UDC 11-3B-
8C.1. This requirement may be reduced or waived at the determination of the Director where there is
a shared driveway and/or recorded cross-parking agreement and easement with an adjacent property.
Because there is a recorded shared access and cross-parking agreement between this property and the
property to the south(Lot 12),the Director waives the requirement for a buffer along the southern
boundary of this site. This will allow the trash enclosure to be located as close as possible to the
southern property line and should reduce conflicts between trash trucks servicing the dumpster and
vehicles entering the drive-through if service occurs during business hours of the drive-through. The
striped drive-through lane should also assist in directing drive-through traffic outside of the area
needed to service the dumpster.A hammerhead turnaround is depicted on the site plan that has been
approved by Republic Services.
Street buffer landscaping, including a sidewalk, along N. Ten Mile Rd. was installed with
development of the subdivision. Because the drive-through lane and back of the building(with
mechanical equipment)will be highly visible from N. Ten Mile Rd.,Staff recommends
additional landscaping(i.e. coniferous trees/bushes)is provided within the street buffer along to
screen this area and these functions while preserving a clear view of the drive-thru window for
surveillance purposes.
Mechanical Equipment: 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.
Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 that
incorporate a mix of materials consisting of wood siding on the top portion and stone veneer on the
lower portion of the building with glass store-fronts and a combination of flat and pitched rooflines.
Final design shall be consistent with the design standards listed in the Architectural Standards
Manual.
The trash enclosure is proposed to be constructed of split-face CMU in a color to match the building.
Certificate of Zoning Compliance&Design Review: 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 the conditions in Section VH, UDC standards
and design standards.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on March 4,2021.At the public
hearing,the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Derek Gasser,DFG Development
b. In opposition:None
c. Commenting: None
d. Written testimony: Derek Gasser,DFG Development
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
Page 5
Item 3. ■
EXHIBIT A
2. Key issue(s)of public testimony:
a. The Applicant requested the condition requiring pedestrian walkways along the west and
north property boundaries be waived based on the pedestrian circulation plan included
in the Development Agreement which did not include walkways in these locations.
3. Key issue(s)of discussion by Commission.
a. Consideration of the Applicant's request for removal of pedestrian walkways.
4. Commission change(s)to Staff recommendation:
a. The Commission required the pedestrian walkway along the west boundary of the site
but did not require the walkway along the north boundary of the site.
Page 6
Item 3.
EXHIBIT A F94]
VII. EXHIBITS
A. Proposed Site Plan(dated: 2/25/2021)
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Page 7
Item 3. EXHIBIT A 95
B. Proposed Landscape Plan(dated: 2/26/2021)
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Page 8
BuildingEXHIBIT A
C. Conceptual
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77
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1
•
Item 3. ■
EXHIBIT A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the existing Development Agreement(Inst.
#2018-079970,Lost Rapids-GFI Meridian Investments II, LLC)and associated conditions
of approval(H-2018-0004; FP-2020-0045).
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(s),and window location shall be depicted
in accord with UDC 11-4-3-IIB.
b. Depict bicycle parking as set forth in UDC 11-3C-6G in accord with the location and design
standards listed in UDC 11-3C-5C.
c. Where pedestrian walkways cross vehicular driving surfaces, the walkways shall 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.
d. 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.
e. Include additional landscaping(i.e. coniferous treesibushes)within the street buffer along
N. Ten Mile 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.
£ Depict a minimum 5-foot wide walkway from the sidewalk along the west boundary of
the site to the sidewalk in front of the building; a*d along the neAh betindafy of the site
between the sidewalk along Ten Mile Rd. and the sidewalk along the west betmdary e
the site. The walkway shall 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.
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 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.
6. 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 11-5B-6F.
B. CENTRAL DISTRICT HEALTH DEPARTMENT
https://weblink.m eridia n c i ty.ory/WeUink/Doc View.aspx?id=2 2 2 7 69&db id=0&rep o=Meridia n C
ky
Page 10
Item 3. 98
EXHIBIT A
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciiy.orglWebLinkIDocView.aspx?id=223051&dbid=0&repo=MeridianC
ky
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciiy.org WWebLinkIDocView.aspx?id=222667&dbid=0&repo=MeridianC
ky
https://weblink.meridianciU.org/WebLinklDocView.aspx?id=222166&dbid=0&repo=MeridianC
Lty
E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=222736&dbid=0&repo=MeridianC
Lty
IX. 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 VIII 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 VIII 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.
Page 11
Item 3. 1
EXHIBIT A 99
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.
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 12