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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 1 1 1 {'{ in L 11 11 11.' 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I uuu a p= unI I■■ I inIIIII IIII III III a■ 1�11 ��Ii uw MINI _ _: ■1 • i� ■u■1 IIII �z IIL uuuu u■ uw ■■ ,1 �IHA = uuun a■w I noun uuntl I■ IIIIIIIIr■ INII IIII 1 : II■ II _II - IIIIIIII . : III�ry II 11 -- uu■■■ 1 11 11 NIIIII I a ■u■- IIII ■II � 1 IIII as IINIIII I IIY■1 11 IIIIII I■L INI IIII III ryllll : II■ III ■1 _ II■■ LLJ� IIII III 1 ■r i on IN �112 - 0 in 1 1■ +1■1 IINIIII 1■1 I ■ IN i III 1 : IIIIIII IINII 2: IN I au: _■ii uuI ■:iiil :IIIIw 1 1 , ■ , milli • II I ■ . I I I I I i I i IS 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) SM DATA MT 171- LOT 13 UNfff 1. r -------------- tD?TP;MAL SWE Fq-M .......... E TRASH ENMOSUM MEVArK= MW Page 7 Item 3. EXHIBIT A 95 B. Proposed Landscape Plan(dated: 2/26/2021) I I =wwc.oumw n.o.Q w.m xu wwm.o.w �i.`���% ��° I � �E E ��•em.or ar���.m '-_n®uw�mmumi ocz �vvm'�i.r�n I I (D I —'—I �6 7 m m Q LANDSCAPE PLAN e m w PROECT C1LL IAB1 _•,••• LGMlLT INFORMATION STREET BUFFERS * STREETMEES�I PER M LF) PARAING WREIG ne. PARgNG C011NISw km BUFFER WIOTHS'RETWEEN 1 — M raw m TREE SPECIES M I%P'R w MMI TION REQUIREMENTS /,,^ _ c uo Page 8 BuildingEXHIBIT A C. Conceptual Ogg 77 Page HA�yEST _�BAKERY�CAFE �� 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