Z - Signed Findings Item 2. F95-1
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
300-Feet of another Drive-Through Establishment on 1.18 Acres of Land in the C-G Zoning
District for Sadie Creek Drive-Through,Located South of E.Ustick Rd. on the West Side of N.
Eagle Rd.,by The Land Group.
Case No(s).H-2021-0006
For the Planning&Zoning Commission Hearing Date of. March 18,2021 (Findings on April 1,
2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 18,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 18, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 18,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 18,2021,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).SADIE CREEK DRIVE-THROUGH CUP H-2021-0006
Page 1
Item 2. 96
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 18,2021, 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 18, 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 18,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).SADIE CREEK DRIVE-THROUGH CUP H-2021-0006
Page 2
Item 2. 97
By action of the Planning&Zoning Commission at its regular meeting held on the 1 st day of
April ,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 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: 4-1-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).SADIE CREEK DRIVE-THROUGH CUP H-2021-0006
Page 3
Item 2. ■
EXHIBIT A
C�
E IDIAN�--
STAFF REPORT f D A H 0
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/18/2021 Legend
DATE:
Iff PrdJ' o_ Lacfl�ian
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner EM
208-884-5533
SUBJECT: H-2021-0006 ,
Sadie Creek Drive-Through—CUP 41
x i
LOCATION: South of E. Ustick Rd. on the west side
of N. Eagle Rd.,in the NE 1/4 of Section
5,Township 3N.,Range 1E.
pp��
FW &1 �
I. PROJECT DESCRIPTION
Conditional use permit for a drive-through establishment within 300-feet of another drive-through
establishment on 1.18-acres of land in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.18-acres
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Restaurant(coffee shop)with a drive-through in a multi-
tenant building
Current Zoning General Retail and Service Commercial District(C-G)
Physical Features(waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date;#of 1/11/21;3 attendees other than the Applicant
attendees:
History(previous approvals) A-2018-0361 (ROS#11747,Parcel F);AZ-05-052(DA
#108008770,Sadie Creek Commons);H-2018-0121
(Villasport MDA,Inst.#2019-060877—excludes property
from previous DA)
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Item 2. EXHIBIT A 1 00
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 2/26/2021
Radius notification mailed to 2/23/2021
properties within 300 feet
Site Posting Date 3/4/2021
Next Door posting 2/25/2021
V. STAFF ANALYSIS
The proposed drive-through is for a 2,250 square foot coffee shop(classified as a restaurant)within
300-feet of another drive-through establishment,which requires Conditional Use Permit approval
(CUP)per UDC Table 11-2B-2. The other drive-through establishment(Jimmy John's)that
constitutes the CUP requirement is located directly to the south of this site.
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 over 400'from the drive-through window to the nearest drive-aisle that provides access to the
parking area, the stacking lane should have sufficient capacity to serve the use without
obstructing driveways and drive aisles by patrons. The stacking lane will hold approximately 21
vehicles.
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.
The stacking lane is a separate lane from the circulation lanes needed for access and parking.
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
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. Eagle Rd./SH-55, a public street along the east boundary of
Page 3
Item 2. 1
EXHIBIT A 101
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: Access is provided to this site from the west via N. Cajun Ln. and E. Picard Ln.,both private
streets,across the Villasport property to the west and via E. Ustick Rd., an arterial street, from the
north. A cross-access/ingress-egress easement is needed across the adjacent properties to the
west and north(Parcels#S1105110111 and S1105110030)for access to this site.A copy of the
recorded easements should be submitted with the Certificate of Zoning Compliance application
for this project.Both access driveways should be constructed with development of this site
along with all of the frontage improvements along E.Ustick Rd. and N.Eagle Rd./SH-55 in
accord with the Development Agreement.All off-site driveways and site improvements should
be depicted on the plans.
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.
The restaurant space is proposed to consist of 2,250 square feet while the remainder of the multi-
tenant building is proposed to consist of 5,304 square feet. Based on the requirement, a minimum of
nine(9) spaces are required for the restaurant(i.e. coffee shop) and 10 spaces are required for the
remainder of the multi-tenant building. A total of 32 spaces are proposed in excess of UDC standards
on the west and south sides of the building. To ensure adequate parking is provided in the event
other tenant spaces are occupied by restaurants, Staff recommends a condition of approval
requiring parking to comply with the more restrictive standards for restaurants listed in UDC
11-4-3-49.
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. A minimum of one(1)bicycle space is required to be
provided;two(2) spaces are proposed in excess of UDC standards.
Pedestrian Walkways: A 10-foot wide multi-use pathway with a public use easement and
pedestrian lighting is required within the street buffer along S.Eagle Rd./SH-55 in accord with
the standards listed in UDC 11-3H-4C.This pathway is required to be constructed with the first
phase of development per the Development Agreement,which will be this phase unless the
Villasport property to the west develops first.
A pedestrian walkway is depicted on the site plan from the perimeter sidewalk along N. Eagle 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.
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
within the parking area as required. A minimum 5-foot wide perimeter landscape buffer is
required to be provided adjacent to parking,loading or other paved vehicular use areas as set
Page 4
Item 2. F102]
EXHIBIT A
forth in UDC 11-3B-8C.1; landscaping should be provided adjacent to the drive-through lane
along the north boundary of the site in accord with this requirement. The easement for the
relocated Milk Lateral should be depicted on the plan to ensure no trees are placed within the
easement.
The landscape plan depicts the pathway and improvements east of the pathway along N. Eagle
Rd./SH-55 as"not a part"to be constructed with the Villasport project. The Development Agreement
requires all of the frontage improvements(i.e. street buffers, sidewalks,pedestrian lighting, etc.)on
this site and the Villasport site to the west along N. Eagle Rd./SH-55 and E.Ustick Rd. to be installed
with the first phase of development. It was anticipated that Villasport would be the first phase of
development; however,if this project ends up being the first phase,it's responsible for these
improvements,including those off-site—the plans should be revised to include these
improvements.
Because the drive-through lane and back of the building(with mechanical equipment)will be
highly visible from N.Eagle Rd./SH-55,Staff recommends additional landscaping(i.e.
coniferous trees/bushes)is provided within the street buffer to screen this area and these
functions while preserving a clear view of the drive-thru window for surveillance purposes.
Landscaping is required along each side of pathways per the standards listed in UDC 11-3B-
12C; landscaping shall be provided adjacent to the multi-use pathway within the street buffer
along N.Eagle Rd./SH-55 in accord with these standards.
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 PAC clad formed metal wall panels in slate gray with
metal flashing and trim in light gray, a mix of white and onyx colored brick and with a glass store-
front and a flat roof. These elevations are not approved; final design shall be consistent with the
design standards listed in the Architectural Standards Manual.
The trash enclosure should be constructed with similar materials and colors 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 VII, 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 18,2021. At the public
hearing,the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Tamara Thompson.The Land Group
b. In opposition:None
C. Commenting: None
Page 5
Item 2. ■
EXHIBIT A
d. Written testimony: Tamara Thompson,The Land Group
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. Concern that this could be a user that generates a huge amount of traffic—the Applicant
has assured Staff that it's not.
4. Commission change(s)to Staff recommendation:
a. None
Page 6
Item 2. F104]
EXHIBIT A
VII. EXHIBITS
A. Proposed Site Plan(dated: 1/27/2021)
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Page 7
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Item 2. F106]
EXHIBIT A
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Page 9
Item 2. F107]
EXHIBIT A
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Page 10
Item 2. F108]
EXHIBIT A
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Page 11
Item 2. F—log]EXHIBIT A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the terms of the existing Development
Agreement(Inst. #2019-060877,Villasport MDA H-2018-0121)and the conditions contained
herein.
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. 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.
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./SH-55 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. Depict off-site improvements required by the Development Agreement, including a 35-
foot wide street buffer along N. Eagle Rd./SH-55, an entryway corridor, and a 25-foot
wide street buffer is required along E. Ustick Rd., landscaped per the standards listed in
UDC 11-3B-7C per UDC Table 11-213-3.A 10-foot wide multi-use pathway is required
within a public use easement and pedestrian lighting and landscaping is required to be
provided within the street buffer along N. Eagle Rd./SH-55 in accordance with the
standards listed in UDC 11-3H-4C.3 and 11-3B-12C.
f. A minimum 5-foot wide perimeter landscape buffer is required to be provided adjacent to
parking, loading or other paved vehicular use areas as set forth in UDC 11-313-8C.1;
landscaping shall be provided adjacent to the drive-through lane along the north boundary
of the site in accord with this requirement.
g. Graphically depict the easement for the Milk Lateral along the north and east boundaries
of the site;no trees should be placed within the easement.
h. Depict both access driveways to this site via E.Ustick Rd. and E. Picard Ln./N. Cajun
Ln.
3. Direct access via N. Eagle Rd./SH-55 is prohibited.
4. A recorded cross-access/ingress-egress easement shall be obtained across the adjacent
properties to the west and north(Parcel#51105110111 and#Sl105110030) for access to this
site; a copy of the easements shall be submitted to the Planning Division with the Certificate
of Zoning Compliance application.
5. The driveway accesses from the north via E.Ustick Rd. and from the west via E.Picard Ln./N.
Cajun Ln. shall be constructed with development of this site or with the development of the
Villasport site to the west,whichever occurs first.
6. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting, etc.) on
Page 12
Item 2. EXHIBIT A 110
this site along E. Ustick Rd. and N. Eagle Rd./SH-55 shall be installed with the first phase of
development as set forth in the Development Agreement(Villasport—Inst. #2019-060877).If
the Villasport site to the west develops prior to this site, these improvements will be required
with that development.
7. Compliance with the standards listed in UDC 11-4-3-11 — Drive-Through Establishment is
required.
8. Compliance with the standards listed in UDC 11-4-3-49—Restaurant is required.
9. Parking for the overall site shall be provided in accord with the standards listed in UDC 11-4-
3-49 for restaurants.
10. 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.
11. 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. MERIDIAN FIRE DEPARTMENT
https:llweblink.meridiancioy.org/WebLinkIDoeView.aspx?id=222991&dbid=O&repo=MeridianC
ia
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
Staff Report:
https:llweblink.meridiancity.oL-glWebLinkIDocView.aspx?id=223257&dbid=O&repo=MeridianC
Lty
TIS:
https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=222928&dbid=O&repo=MeridianC
hty
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridianciU.o.-glWebLinkIDocView.aspx?id=223265&dbid=O&repo=MeridianC
hty
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.
Page 13
Item 2. F-1111EXHIBIT A
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(coffee shop) 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.
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.
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