Z - Signed Findings Item 3. F45
CITY OF MERIDIAN w IDIAN;_--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for a Conditional Use Permit for a Drive-Through Establishment
within Three-Hundred Feet(300') of a Residential Use and Zoning District on 1.37-Acres of Land
in the C-G Zoning District for Jakers Drive-Through,by BRS Architects.
Case No(s).H-2021-0012
For the Planning& Zoning Commission Hearing Date of. April 15,2021 (Findings on May 6,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 15,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 15,2021,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 15,2021,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
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). JAKERS DRIVE-THROUGH—CUP H-2021-0012
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Item 3. F
6
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of April 15,2021, 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 a conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of April 15,2021,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 11-5B-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 11-513-6F.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 April 15,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). JAKERS DRIVE-THROUGH—CUP H-2021-0012
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Item 3. 47
By action of the Planning&Zoning Commission at its regular meeting held on the 6th day of
May ,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: 5-6-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). JAKERS DRIVE-THROUGH—CUP H-2021-0012
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Item 3. ■
EXHIBIT A
C�
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STAFF REPORT f D A H 0
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 4/15/2021 Legend
DATE: Continued from: 41112021 1`Jlj t Lflcfl liar 0
00,
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2021-0012 Ll
JIM
Jakers Drive-Through—CUP,DES
LOCATION: 3268 E. Pine Ave.,in the NW 1/4 of
Section 9,Township 3N.,Range IE. -
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I. PROJECT DESCRIPTION
Conditional use permit for a drive-through establishment within 300-feet of a residential use and
zoning district on 1.37-acres of land in the C-G zoning district.Administrative design review of
proposed structures.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.37-acres
Future Land Use Designation Commercial
Existing Land Use Restaurant
Proposed Land Use(s) Drive-through establishment(order pick-up)
Current Zoning Jill" General Retail and Service Commercial District(C-G)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 10/16/20;2 attendees
attendees:
History(previous approvals) CZC-06-102(5,300 square foot restaurant); CZC-14-
029/DES-14-026(600 square foot sun room addition)
Page 1
Item 3. F49
EXHIBIT A
A. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant:
Mark Anderson— 1010 S.Allante Pl., Ste. 100,Eagle, ID 83709
B. Owner:
Adam Crane,Vintage Properties,LLLP—3755 N. Hill Rd., King Hill,ID 83633
Page 2
Item 3. FEXHIBIT A
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 3/12/2021
Radius notification mailed to 3/9/2021
properties within 300 feet
Site Posting Date 3/26/2021
Next Door posting 3/9/2021
V. STAFF ANALYSIS
Two(2)25-square foot(5' x 5') structures are proposed for a drive-through menu handout and order
placement and pick-up along the south side of the existing Jakers restaurant. Because the drive-
through is within 300-feet of a residential use and zoning district, a Conditional Use Permit(CUP) is
required per UDC Table 11-2B-2 and 11-4-3-1IA. Residential uses abut the east boundary of this site
in Crossroads Subdivision,zoned R-4.
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 87'+/--, the drive-through should have sufficient capacity to prevent obstruction of driveways
and drive aisles; there is no public right-of-way that abuts this site.
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; a
one-way drive-aisle abuts the drive-through lane for vehicles to pass through to the east.
3)The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence;
The stacking lane is located approximately 82 feet away from abutting residences to the east and
residential zoning.A 4-foot tall berm with a 6-foot tall block CMU wall on top exists along the
east boundary of this site to buffer existing residential properties.
4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape
lane; and
The stacking lane is approximately 87 feet long; therefore, an escape lane is not required.
5)The site should be designed so that the drive-through is visible from a public street for
Page 3
Item 3. EXHIBIT A 51
surveillance purposes.
The drive-through is visible from a driveway that provides a connection between E. Presidential
Dr. and E. Pine Ave. and from the adjacent property to the south for surveillance purposes; a
public street does not abut this site.
There are no menu boards or speakers proposed; window locations are depicted on the elevations
in accord with UDC 11-4-3-11B.
Based on the above analysis, Staff deems the proposed drive-through in compliance with the
specific use standards as required.
Parking: The row of parking directly south of the proposed drive-through is proposed to be re-striped
to accommodate a one-way drive-aisle to allow space for the drive-through,which will reduce the
number of parking spaces in this area by three(3).
A minimum of one(1)parking space is required for every 250 square feet of gross floor area per the
specific use standards for restaurants in UDC 11-4-3-49. Based on 5,900 square feet, a minimum of
23 vehicle parking spaces are required; a total of 87 spaces are provided.
Landscaping:No landscaping is proposed or required with this application.
Building Elevations: Conceptual building elevations were submitted as shown in Section VII.B that
consist of stucco panels with 2"wide recessed gold colored metal flashing accents and asphalt
roofing;the materials and colors coincide with that of the existing restaurant building.
Design Review: Administrative Design Review of the proposed structures is required because they're
visible from the north/south private street/driveway to the west per UDC 11-5B-8B. The proposed
materials and design are consistent with the design standards listed in the Architectural Standards
Manual and are approved.
Certificate of Zoning Compliance: A Certificate of Zoning Compliance 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 and UDC 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 April 15,2021.At the public
hearing,the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Mark Anderson,BRS Architects
b. In opposition:None
c. Commenting: None
d. Written testimony: None
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. None
4. Commission change(s)to Staff recommendation:
a. None
Page 4
Item 3.
EXHIBIT A F52]
VII. EXHIBITS
A. Site/Landscape Plan(dated: 2/5/2021)
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Item 3. F53]
EXHIBIT A
B. Building Elevations(dated: 2/5/21) &Photos
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Page 6
Item 3. F54]
EXHIBIT A
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Page 7 —
Item 3. ■
EXHIBIT A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. The site/landscape plan submitted with the Certificate of Zoning Compliance application
shall demonstrate compliance with the specific use standards listed in UDC 11-4-3-11 Drive-
Through Establishments consistent with the plan in Section VII.A.
2. Compliance with the standards listed in UDC 11-4-3-11 — Drive-Through Establishment is
required.
3. The future structures shall be consistent with the elevations in Section VII.B as approved with
the Administrative Design Review application.
4. A Certificate of Zoning Compliance application shall be submitted and approved for the
proposed use prior to submittal of a building permit application.
5. 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. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancioy.orkIWebLinkIDocView.aspx?id=223674&dbid=0&repo=MeridianC
hty
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancio2.org/WebLink/Doc View.aspx?id=224330&dbid=0&repo=MeridianC
Lty
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancioy.otylWebLink/Doc View.aspx?id=223529&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 drive-through 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 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.
Page 8
Item 3. F56]
EXHIBIT A
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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