Z - Signed Findings Item 3. 119 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 a Residential Use and Zoning District on 0.83-Acre of Land in the C-C Zoning District
for Inglewood Coffee Shop Drive-Through,Located at 3330 E.Victory Rd.in the C-C Zoning
District,by Gold Stream.
Case No(s).H-2021-0073
For the Planning&Zoning Commission Hearing Date of. December 2,2021 (Findings on
December 16,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 2,2021, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 2, 2021, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 2,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 2,2021, 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 § I I-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-2021-0073
Page 1
Item 3. F120]
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 December 2,2021, 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 December 2, 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 December 2,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0073
Page 2
Item 3. 121
By action of the Planning&Zoning Commission at its regular meeting held on the 16th day of
December ,2021.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED AYE
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED AYE
COMMISSIONER NATE WHEELER VOTED AYE
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED AYE
COMMISSIONER MARIA LORCHER VOTED AYE
Rhonda McCarvel, Chairman 12-16-2021
Attest:
Chris Johnson, City Clerk 12-16-2021
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: 12-16-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0073
Page 3
Item 3.
EXHIBIT A
C�
E IDIAN�--
STAFF REPORT f D A H 0
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 12/2/2021 Legend go
DATE:
IdPrc-eof Lc=lion -
i
TO: Planning&Zoning Commission
W
FROM: Sonya Allen,Associate Planner _
208-884-5533 "uW66
SUBJECT: H-2021-0073 n
Inglewood Coffee Shop Drive-Through �E-1ICTRY=R ICTY=R�
—CUP -
LOCATION: 3330 E.Victory Rd., in the SW 1/4 of
Section 21,Township 3N.,Range IE.
I. PROJECT DESCRIPTION
Conditional use permit(CUP) for a drive-through establishment for a coffee shop within 300-feet of a
residential use and zoning district on 0.83 of an acre of land in the C-C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.83-acre
Future Land Use Designation Mixed Use—Community(MU-C)
Existing Land Use Vacant/undeveloped land 1
Proposed Land Use(s) Restaurant(coffee shop)with a drive-through
Current Zoning 1111rm Community Business District(C-C)
Physical Features(waterways, The McDonald Lateral runs through this site.
hazards,flood plain,hillside)
Neighborhood meeting date;#of 5/25/21;2 attendees
attendees:
History(previous approvals) H-2019-0099(Inglewood Sub.AZ,PP—Development
Agreement Inst.#2019-124424);FP-2021-0037
(Inglewood Sub.2)
Page 1
Item 3. F123]
EXHIBIT A
A. Project Area Maps
Future Land Use Map Aerial Map
Legend o Legend
Prajeot Lccafan Projent Lim 0 C
W W
8- �
d
a a �
—EICMA RD 'VaTO Y RD
' fir.LILL
J i4�15AgR1' -�
4. FA
ixr' w ensify s'
m 'I ° r}7 f
Zoning Map Planned Development Map
Legend IL-L'O fiU Legend go
Pra'e fi e'Luca �R-$ Project Lima5on -
-y
I i
Ilaw! {- City Lin-rk lie
TI
LLJ
—R T n
— Planed Parcels "-
d -
R=8 W W
,,-C R-
RUF R1 � _ RUT
=EM I CT RY-:M— E- I CTORY_RD E_ I CTOWAD
C-8
R.8 i
RUT
III. APPLICANT INFORMATION
A. Applicant:
Clint Tolman, Gold Stream- 197 W.4860 S.,Murray,UT 84107
B. Owner:
Jim Petersen, Gold Stream 197 W. 4860 S.,Murray,UT 84107
Page 2
Item 3. F124]
EXHIBIT A
C. Representative:
Emily Mueller, Gold Stream Holdings,LLC— 197 W.4860 S.,Murray,UT 84107
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 11/16/2021
Radius notification mailed to 11/10/2021
properties within 300 feet
Site Posting Date 11/18/2021
Next Door posting 11/12/2021
V. STAFF ANALYSIS
The proposed drive-through is for a 2,365 square foot Starbucks coffee shop(classified as a
restaurant)within 300-feet of a residential use and zoning 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. #2019-124424)and with the approved conceptual development plan
included in the agreement.A common green space gathering area(5%)with seating and tables is
proposed on the east side of the site in accord with provisions#5.1c and#5.1d in the Development
Agreement. Other off-site common areas are proposed on the adjacent properties to the north and east
as shown on the site plan.
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. All establishments providing
drive-through service are required to identify the stacking lane,menu and speaker location(if
applicable), and window location. 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 stacking lane appears to have sufficient capacity to prevent obstruction of driveways, drive
aisles and the public right-of-way by patrons as required.
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 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.
Page 3
Item 3. F125]
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.
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 S. Eagle Rd. and E. Victory Rd.,public streets along the west
and south 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.
The proposed use is also 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. Based on 2,365 square feet,a minimum of nine (9) off-street parking spaces are
required to be provided; a total of 19 spaces are proposed, including 6 compact spaces,which exceed
the minimum standard.
Hours of Operation: The hours of operation are restricted to 6:00 am to 11:00 pm in the C-C zoning
district per UDC 11-2B-3B.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-C zoning district.
Access: A right-in/right-out driveway access is proposed via S. Eagle Rd.to the north of this site as
shown on the site/landscape plans. Access is also available through an ingress-egress easement with
the property to the east via S. Titanium Ave., a local street off E.Victory Rd.
Parking: As noted above,UDC 11-4-3-49 includes parking standards for restaurants,which the site
plan demonstrates compliance.
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 is proposed north of the building for
two (2)bicycles in accord with this requirement. A detail of the bicycle rack should be submitted
with the Certificate of Zoning Compliance application that demonstrates compliance with the
standards in UDC 11-3C-5C.
Pedestrian Walkways: Where pathways cross vehicular driving surfaces,they're required to be
distinguished from the vehicular driving surface through the use of pavers,colored or scored
concrete,or bricks.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;where it's not feasible to comply with the standards due to the
irrigation district easement for the McDonald Lateral,alternative compliance should be
requested as set forth in UDC 11-5B-5.The landscape plan submitted with the Certificate of
Zoning Compliance application should reflect compliance with this standard; or an alternative
compliance application should be submitted.
Street buffer landscaping along S. Eagle Rd. and E.Victory Rd. is required to be installed with the
Phase 2 subdivision improvements. Because ACHD is requiring the construction of a northbound
right-turn lane on Eagle Rd.that may affect the width of the street buffer approved with the
Page 4
Item 3. F126]
EXHIBIT A
final plat, Staff recommends the site and landscape plans are updated accordingly to include
the right-turn lane and the minimum 25-foot wide street buffer along Eagle Rd. required by
UDC Table 11-2B-3.If the existing sidewalk is being removed to allow for the construction of
the right-turn lane, a detached sidewalk should be constructed in accord with UDC 11-3A-17C.
Waterways: The McDonald Lateral crosses this site within a 41-foot wide easement. The lateral is
proposed to be piped with the subdivision improvements. The building is proposed to be located
outside of the easement.
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 fiber cement lap and board and batten siding with metal
panel accents. The proposed materials are consistent with those in the residential portion of the
development to the east in accord with the Development Agreement. The 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 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 December 2,2021. At the
public hearing,the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Jim Petersen. Gold Stream(Applicant)
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 5
Item 3. F127]
EXHIBIT A
VII. EXHIBITS
A. Proposed Site Plan(dated: 9/23/2021)
II �i ______________________________________ _______________ WJ-- --------------------- -----------------r--- - ---��,I------ -- Z
J �•
i
?�
101
_� urroM
I =_-= - --_-__• __- � .. /' '_ <, ._ a ,....�.�. �€
- -------------
- _ DIGLIH �-
C1.01
Page 6
Item 3. F128]
EXHIBIT A
B. Proposed Landscape Plan(dated: 9/24/2021)
LANDSCAPE SCHEMM ALTA HILLS LANE
w,.w .+. .•¢..... .......r .o .,.. W 9 I
zi
LLI
ar
It
Lu
cn
W 2
�. ia.rc..xx.��m..emn emu•.r�.,naxm.xr.r .xr w.� 0 g
¢w,ar..• . �u�w.v.�w..®m� c¢..�wu c.iwrn.w.umu�w •.a .¢n ® 4
ra.. n um.ocouc ommr •.cmmou msmmnr..mm ..� .wee
• , ..�.cw.warwu¢ e•u..u.,mwewu.•u e.a.r ..r wn
d
(n U So
.tea •�.. �..� .¢.• .a ..�•�� .,.. � ��
.�.. ...a y a®® W
� M
o�w.owoa.. YICTCRY ROAD
SITEAMENTY SCHEDULE o
a
REFlRBiDE lID'IEA
139sALNOTE mw.¢ .C•m.� `" A
L2.01
Page 7
Item 3. F129]
EXHIBIT A
C. Building Elevations(dated: 7/21/21)
_ M nt
i
^FA31 f1EYATIXJI
Fa�
Sdenafic Oesgn
_—
ELEVATIONS
`� ]NORM ElEVA1pNl
F
so2.1
ElEYR1MlNl561NNiNRlER4LLEGBO MLMnt
/.\U LLEVATION7 a
s�mati oe NN
ELEYAT10N5
e 2 O^:0WM ELEVA11EN1 S 2
LJ L
Page 8
Item 3. F130]
EXHIBIT A
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 [H-2019-0099 Inglewood Place Subdivision
(AZ,PP)—Inst. #2019-124424; FP-2021-0037 (Inglewood Place Subdivision No. 2)] 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. Include a detail of the bicycle rack that demonstrates compliance with the design
standards in UDC 11-3C-5C.
d. Where pathways cross vehicular driving surfaces,they shall be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete, or bricks
as set forth in UDC 11-3A-19B.4b.
e. Depict landscaping within all planter islands within the parking area in accord with the
standards listed in UDC 11-3B-8C, where it's not feasible to comply with the standards
due to the irrigation district easement for the McDonald Lateral, alternative compliance
shall be requested as set forth in UDC 11-5B-5.
£ Depict the northbound right-turn lane on S. Eagle Rd. as required by ACHD with a
minimum 25-foot wide street buffer in accord with UDC Table 11-213-3 and a 5-foot
wide detached sidewalk in accord with UDC 11-3A-17C.
3. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment and
11-4-3-49—Restaurant is required.
4. The driveway access via S. Eagle Rd. is restricted to a right-in/right-out access per the
Development Agreement.
5. No building permits shall be issued for this site until the property has been subdivided.
6. The hours of operation are restricted to 6:00 am to 11:00 pm in the C-C zoning district per
UDC 11-213-313.
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.
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
Page 9
Item 3. F131]
EXHIBIT A
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.ory WWebLinkIDocView.aspx?id=243245&dbid=0&repo=MeridianC
ky
https:llweblink.meridianciU.oLglWebLinkIDocView.aspx?id=241022&dbid=0&repo=MeridianC
hty
C. BOISE PROJECT BOARD OF CONTROL(BPBC)
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=242203&dbid=0&repo=MeridianC
Lty
D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=243209&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:
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-C 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(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 10
Item 3.
EXHIBIT A F3
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 11