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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 Page 1 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 Page 2 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 Page 3 Item 3. ■ EXHIBIT A C� E IDIAN�-- 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. - I I 1 �I I I 'I i I I 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 (fLegend IyF let P,o'ec- Lcca=or I Project Lncafan 1 wool 4 IU R O$ic e fi E IN E A E E I N"E J11 E U —6 P 4 Zoning Map Planned Development Map Legend ffLegend 4 0Project Lacafian - -� IetProject Lccafiar L + i City LinvtrF f ' — Planned Parcels E�ci RUT R= :4�77VF -L - -8 L~f C-G L-0 L-0 R1��. _ s 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) KEYED N= T- T C 0 0 0 93 iuALs mmmL) 0 o 0 0 0 '17 LU .—WE n7.2 ■ CARRA9BA5 SD1.0 Page 5 Item 3. F53] EXHIBIT A B. Building Elevations(dated: 2/5/21) &Photos J/ KEYED NOTES C7 LEGEND � �., xcnmrcnu�•....�,�...,.K.,,.,,,,,� .o� � �..•mo.o,...�....osa...�..w. x ,m ILL _,emu•u ;aa�ua ,....®�...�...,��.-a..�a �rz,�..�.�.� 4 -_FLAN 0 a u Q qQ r IV nZ CEILING PLAN = z LU � o o � a p W ESi SHED ELEVATIONS(EAST SHED SIM.) TYPICAL WALL SECTION p p em A1.1 Page 6 Item 3. F54] EXHIBIT A w- P g s � 4 SOtFH ELEVATION EXAMPLE OF GOLD TRIM WALL VIEW LOOKING EAST zs�J a�wm� tr G 0 s za =AST EL=VATIOV VIEW LOOKING NORTH NORT:�=LEVATION H 0 L Q a LU NC Y Q 4 -fF n e� �y sre cr{oms 'dIEW LOOKING WEST WEST ELEVATION VIEW LOOKING SOUTH AZ.1 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. Page 9