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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