Z - Signed Findings Item 2. F46
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 for a
Coffee Kiosk within Three-Hundred Feet(300')of an Existing Residence and Residential Zoning
District on 1.19-Acres of Land in the C-N Zoning District,Located at 4744 N.Park Crossing Ave.,
by NeuDesign Architecture.
Case No(s).H-2021-0037
For the Planning&Zoning Commission Hearing Date of. July 1,2021 (Findings on July 15,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 1, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of July 1, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 1, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 1,2021,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. It-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). DAVINCI PARK DRIVE-THROUGH CUP H-2021-0037
Page 1
Item 2. 47
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 July 1,2021, 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 July 1,2021, 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 July 1,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). DAVINCI PARK DRIVE-THROUGH CUP H-2021-0037
Page 2
Item 2. 48
By action of the Planning&Zoning Commission at its regular meeting held on the 15th day of
July ,2021.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
COMMISSIONER MARIA LORCHER VOTED
Rhonda McCarvel, Chairman 7-15-2021
Attest:
Chris Johnson, City Clerk 7-15-2021
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: 7-15-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). DAVINCI PARK DRIVE-THROUGH CUP H-2021-0037
Page 3
Item 2. ■
EXHIBIT A
C�
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STAFF REPORT f D A H 0
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/1/2021 Legend
DATE: 0
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TO: Planning&Zoning Commission ------ --
FROM: Sonya Allen,Associate Planner
W
208-884-5533
E�1G4C1G11LL:11N° --
SUBJECT: H-2021-0037
DaVinci Park Drive-Through—CUP
U
LOCATION: 4744 N. Park Crossing Ave. (Lot 11,
Block 3,Da Vinci Park Subdivision), in
the NE '/4 of Section 31,Township 4N.,
Range 1E. -- -- -
LA
I. PROJECT DESCRIPTION
Conditional use permit(CUP) for a drive-through establishment for a coffee kiosk within 300-feet of
an existing residence and residential district on 1.19-acres of land in the C-N zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.19-acres
Future Land Use Designation Mixed Use—Neighborhood(MU-N)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Restaurant(coffee shop)with a drive-through
Current Zoning Neighborhood Business District(C-N)
Physical Features(waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date;#of 5/4/21;no attendees other than the Applicant
attendees:
History(previous approvals) AZ-06-041 (DA#107005526,Harpe Sub.);PP-06-042
(Harpe Sub.—expired);RZ-13-016;PP-13-036(DaVinci
Park);MDA-14-002(DA#114034781);FP-14-013
Page 1
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Item 2. F5_1
EXHIBIT A
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 6/11/2021
Radius notification mailed to 6/8/2021
properties within 300 feet
Site Posting Date 6/9/2021
Next Door posting 6/8/2021
V. STAFF ANALYSIS
The proposed drive-through is for a 620 square foot coffee shop (classified as a restaurant)within
300-feet of an existing residence and residential district,which requires Conditional Use Permit
approval(CUP)per UDC Table 11-2B-2 and 11-4-3-1 IA.1.
The proposed development plan is in substantial conformance with the provisions in the existing
Development Agreement(Inst. #114034781) and with the approved conceptual development plan
included in the agreement.
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;
The width of the area proposed for the one-way drive aisle for access to the northern row of
parking and stacking lane for the drive-through is too narrow to accommodate both travel
lanes—vehicles in the stacking lane will encroach into the drive aisle. Staff recommends the
northern row ofparking is removed and a planter island is added to guide traffic to avoid
conflicts.
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 designated employee parking.
The stacking lane and escape lane should be clearly delineated. The northern row ofparking
adjacent to the stacking lane should be removed.
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.
Page 3
Item 2. F52]
EXHIBIT A
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 that should be signed
accordingly.
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 E. McMillan Rd. and N. Park Crossing Ln.,public streets along
the north and west boundaries 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 if the recommended revisions to the site plan are made.
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.
Hours of Operation: The hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning
district per UDC 11-2B-3B. The proposed hours of operation are 6:00 to 10:00 pm in accord with this
standard.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3.
Access: A full-access driveway exists to this site from the west via N. Park Crossing Ln. and a right-
out only driveway exists to N. Locust Grove Rd. on the east side of the lot. Direct access via E.
McMillan Rd. is prohibited.
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. The restaurant space is proposed to consist of 620 square feet;
therefore, a minimum of two(2) spaces are required for the restaurant(i.e. coffee shop). A total of 42
spaces exist and/or are proposed between the proposed use and the existing 9,500 square foot retail
building on the east side of the site. The minimum number of parking spaces required for the retail
use is 19 based on one space per 500 s.f. of gross floor area. The proposed number of spaces exceeds
UDC standards by 21 spaces. However,with removal of the northern row of parking adjacent to the
vehicle stacking lane for the drive-through,there will be 5 fewer spaces. Staff believes the remaining
number of spaces is still sufficient to serve the use(s).
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 bicycle rack exists on the eastern portion of the site
by the retail building. A bicycle rack should also be provided with the proposed use,capable of
holding a minimum of one bicycle.
Pedestrian Walkways: A continuous internal pedestrian walkway that is a minimum of 5-feet in
width is required to be provided from the perimeter sidewalk to the main building entrance per
UDC 11-3A-19B.4.The pathway should be distinguished from the vehicular driving surface
through the use of pavers,colored or scored concrete, or bricks.The walkway should have
weather protection within 20' of all customer entrances. 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 required within all planter islands within the parking area as
Page 4
Item 2. F53
EXHIBIT A
required. The landscape plan submitted with the Certificate of Zoning Compliance application
should reflect compliance with this standard.
There is an existing street buffer and sidewalk along E. McMillan Rd. and N. Locust Grove Rd.that
was installed with the subdivision improvements.
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 I1-3A-12.
Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 that
incorporate a mix of materials consisting of hardiplank cement lap siding, accoya wood siding and
glazing. Per the Development Agreement,some of the same design elements are required to be
incorporated in the commercial portion of the development as in the residential portion.
The proposed elevations are not approved with this application; final design shall be consistent
with the design standards listed in the Architectural Standards Manual and with the
Development Agreement.
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 July 1,2021. At the public
hearing,the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Marla Carson,NeuDesign Architecture
b. In opposition:None
C. Commenting: None
d. Written testimony: Marla Carson,NeuDesign Architecture
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. The Applicant requests approval to retain the(5)northern parking spaces for employee
asking.
3. Key issue(s)of discussion by Commission:
a. The Commission was not in favor of the Applicant's request to retain the(51 northern
parking spaces—parallel parkin for or employee use may be considered if meeting UDC
standards.
4. Commission change(s)to Staff recommendation:
a. Modification to condition#2f to allow parallel parking to be provided for employ_ ee
parking if meeting UDC standards.
Page 5
Item 2. F54]
EXHIBIT A
Page 6
Item 2. F5-51EXHIBIT A
VII. EXHIBITS
A. Proposed Site Plan(dated: 11/20/2021)
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Page 7
Item 2. F56]
EXHIBIT A
B. Proposed Landscape Plan(dated: 4/14/2021)
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Page 8
Item 2. F57
EXHIBIT A
C. Conceptual Building Elevations(dated: 4/14/21)
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Page 9
Item 2. EXHIBIT A 58
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement [Inst. #107005526(AZ-06-041 Harpe Sub.),
amended as Inst. #114034781 (MDA-13-021,MDA-14-002 DaVinci Park); PP-13-036
(DaVinci Park); FP-14-013] 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. 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.
c. A bicycle rack shall be provided on the site capable of holding a minimum of one
bicycle;bicycle parking facilities are required to comply with the location and design
standards listed in UDC 11-3C-5C.
d. Depict a continuous internal pedestrian walkway that is a minimum of 5-feet in width
from the perimeter sidewalk to the main building entrance per UDC 11-3A-19B.4. The
pathway shall be distinguished from the vehicular driving surface through the use of
pavers, colored or scored concrete,or bricks and shall have weather protection within 20'
of all customer entrances.
e. Depict landscaping within all planter islands within the parking area in accord with the
standards listed in UDC 11-3B-8C. The planting area shall not be less than 5-feet in any
dimension,measured inside curbs as set forth in UDC 11-3B-8C.2a.
£ Remove the northern row of parking adjacent to the stacking lane and install signage for
the escape lane. Depict a planter island along the northern side of the remaining row of
parking to guide traffic, landscaped per the standards in UDC 11-3B-8C.Parallel parking
may be considered in this area as an alternative.
g. Clearly delineate the vehicle stacking lane for the drive-through and the escape lane.
3. Direct access via E.McMillan Rd. is prohibited.
4. Compliance with the standards listed in UDC 11-4-3-11 — Drive-Through Establishment is
required.
5. Compliance with the standards listed in UDC 11-4-3-49—Restaurant is required.
6. Parking for the overall site shall be provided in accord with the standards listed in UDC 11-4-
3-49 for restaurants.
7. 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; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
The Development Agreement requires some of the same design elements to be incorporated in
the commercial portion of the development as in the residential portion.
Page 10
Item 2. EXHIBIT A 59
8. 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)
Staff Report:
https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=230160&dbid=0&repo=MeridianC
hty
A Traffic Impact Study(TIS)is not required for this project.
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancioy.orkIWebLinkIDocView.aspx?id=230615&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
Conditional Use(UDC 11-513-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
I. 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-Nzoning 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(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.
Page I I
Item 2. ElEXHIBIT A
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 12