Peak at Sawtooth Village CUP H-2022-0026 Findings CITY OF MERIDIAN V 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 another Drive-Through Facility, an Existing Residence and Residential District in the
C-N Zoning District,Located at 4752 N.Linder Rd.,by JGT Architecture.
Case No(s).H-2022-0026
For the Planning& Zoning Commission Hearing Date of. May 19,2022 (Findings on June 2,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 19, 2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 19, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 19,2022, 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). H-2022-0026
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 19,2022,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 May 19,2022,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 11-5B-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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 19, 2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0026
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
June ,2022.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MARIA LORCHER VOTED
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 6-2-2022
Attest:
Chris Johnson, City Clerk 6-2-2022
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: 6-2-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0026
Page 3
item 4. EXHIBIT A ■
E STAFF
N --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
f /
HEARING 5/19/2022
DATE: Legend
-----�
I�Project Lorca i�ar
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-553371
°
SUBJECT: H-2022-0026 li�4Cli+VIL '�
Peak at Sawtooth Village—CUP --
LOCATION: Generally located at the southeast corner
of N. Linder Rd. and W. McMillan Rd. at _
4752 N. Linder Rd. (Lot 26,Block 1, J
McLinder Subdivision No. 2), in the NW '-Lo
1/4 of Section 36,T.4N., R.1W. 4v
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive-
through facility, a residential district and existing residences on 0.93-acre of land in the C-N zoning
district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.93-acre
Future Land Use Designation Mixed Use—Neighborhood(MU-N)
Existing Land Use Vacant/undeveloped land IF
Proposed Land Use(s) Restaurant with a drive-through
Current Zoning Neighborhood Business District(C-N)
Physical Features(waterways, The Lemp Canal runs along the northern boundary of this
hazards,flood plain,hillside) site.
Neighborhood meeting date;#of 4/11/22
attendees:
History(previous approvals) AZ-13-010;PP-13-022;CUP-13-010(McLinder
Sub./Sawtooth Village—Development Agreement Inst.
#1140203 72);FP-15-001
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C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 5/3/2022
Radius notification mailed to 4/27/2022
properties within 300 feet
Site Posting Date 5/9/2022
Next Door posting 4/27/2022
V. STAFF ANALYSIS
The Applicant proposes to construct a 4,846 square foot(s.f.)building with three(3)tenant spaces
and a drive-through on the westerly 2,200 s.f,tenant space for a restaurant on a 0.93-acre property in
the C-N zoning district. The proposed tenant intends for the drive-through to be more of a pick-up
location where customers would order ahead through a mobile app rather than ordering from a
speaker or window;no speaker or menu board is proposed at this time.
A restaurant is listed as a principal permitted use in the C-N zoning district per UDC Table I1-2B-2,
subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a
conditional use permit when it's within 300-feet of another drive-through facility, an existing
residence or a residential district per 11-4-3-11A.1. In this case,all three apply; a drive-through exists
on the adjacent property to the south and residential uses exist kitty corner to this site to the southeast
in the R-15 zoning district.
The proposed use and development plan is in substantial conformance with the provisions in the
existing Development Agreement(Inst. Al14020372).
Specific Use Standards:
Drive-Through Establishment: 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 on the site plan. The site plan is also required to
demonstrate 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: Staffs 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 will accommodate approximately five(S) vehicles, which the Applicant
believes will be sufficient for their use/business model. Staff is concerned if the stacking lane
backs up,the drive-aisle on the north side of the building may obstruct vehicles trying to enter
or exit the parking spaces in that area.Also, while the proposed stacking lane may
Page 3
EXHIBIT A F73
accommodate the proposed user, it may not be able to accommodate future users that may be
more intense without obstructing the drive aisle and parking on the north side of the building.
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 on
the west side of the building; however, if stacking backs up around the north side of the building
it could obstruct parking in that area.
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.
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 N. Linder Rd. and W. McMillan Rd.,public streets along the
west and north boundaries of the site,for surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through in general compliance
with the specific use standards as required.If the Commission doesn't feel there is adequate
stacking area to accommodate vehicles in the drive-through without obstructing the drive
aisle needed for circulation and parking on the north side of the building, revisions may be
required to the site design.
Restaurant: 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.
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.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-N zoning district.
Access: Access is proposed via internal drive aisles in McLinder Subdivision from existing off-site
accesses on Linder and McMillan Roads. Direct lot access via N. Linder Rd. and W.McMillan Rd. is
not proposed and is prohibited.
Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants of
which the site plan demonstrates compliance. A minimum of 19 off-street parking spaces would be
required if the entire structure were to be used as a restaurant; a total of 33 spaces are proposed,
which exceeds the minimum standard.
A minimum of 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 on the north side of the
building which can accommodate two (2)bicycles and complies with these standards.
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 as set forth in UDC 11-3A-19B.4.The site/landscape plan submitted with the
Page 4
nem 4. EXHIBIT A F74
Certificate of Zoning Compliance application should reflect compliance with this standard—the
proposed striping of the crosswalk is not allowed and should be revised to comply with this
standard.
Landscaping: Street buffer landscaping was installed within the street buffers along N. Linder Rd.
and W.McMillan Rd.with the subdivision improvements.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-
8C. The plan reflects compliance with these standards.
Sidewalks: Sidewalks exist along N. Linder Rd. and W. McMillan Rd. on this site.An attached
sidewalk exists along Linder and a detached sidewalk exists along McMillan. The UDC requires
detached sidewalks to be constructed along all arterial streets; however,because the sidewalk along
Linder was constructed with ACHD's road widening project and is in good condition, Staff does not
recommend it's removed and reconstructed as a detached sidewalk.
Waterways: The Lemp Canal runs along the northern boundary of this site along W. McMillan Rd.
and was piped with the subdivision improvements(Inst. #2015-010111). The building is proposed to
be located outside of the easement.
Easements: There are several existing easements on this lot; see the subdivision plat for more
information(i.e. McLinder Subdivision No. 2). The site/landscape plan should be revised to depict
all easements that exist on the site.Any encroachments within existing easements should be
permitted through the easement holder.
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 horizontal hardboard siding, stone veneer and glazing.
The final design shall be consistent with the design standards listed in the Architectural Standards
Manual.
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 VIII,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 May 19, 2022. At the public
hearing.the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Tom Bevan.Applicant
b. In opposition:None
c. Commenting None
d. Written testimony: Mary Murphy.Applicant(in agreement with staff report conditions)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
Page 5
nem 4. EXHIBIT A F75
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. The nature of the proposed use and business model and the adequacy of the stacking
lane for the drive-through for this business as well as future businesses in this location.
4. Commission change(s)to Staff recommendation:
a. Include a condition that restricts the site from having a menu board and speaker in an
effort to keep traffic in the drive-through to a minimum,without approval from the Citv
through a modification to the CUP..
Page 6
nem 4. EXHIBIT A F76
VII. EXHIBITS
A. Proposed Site Plan(dated: 4/12/2022)
KEY PLAN VIGNNTY PLAN
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Page 7
item 4. EXHIBIT A F77
B. Proposed Landscape Plan(dated: 4/12/2022)
NOTE:ALL EXISTING TREES TO SHALL BE PROVIO EO WITH
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Page 8
nem 4. EXHIBIT A F78
C. Building Elevations(dated: 4/12/22)
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Page 9
item 4. EXHIBIT A F79
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 and the conditions contained herein [AZ-13-
010; PP-13-022; CUP-13-010(McLinder Sub./Sawtooth Village—Development Agreement
Inst. #114020372); FP-15-001].
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. The pathway from the perimeter sidewalk along W. McMillan Rd.to the main building
entrance 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.
d. Depict all easements that exist on the subject lot per the recorded plat(McLinder
Subdivision No. 2). Any encroachments within existing easements should be permitted
through the easement holder.
e. Depict signage at the southern driveway access on the east side of the site prohibiting
entry in that location due to it being a one-way drive aisle and paint an arrow signifying
one-way traffic on the drive-aisle.
3. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment and
11-4-3-49—Restaurant is required.
4. Direct access via N. Linder Rd. and W. McMillan Rd. is prohibited.
5. The business hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning district
per UDC 11-2B-3B.
6. Install signage on the east side of the site at the entrance to the southern driveway prohibiting
access at that location due to it being a one-way drive aisle.
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.
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.
9. A menu board and/or speaker shall not be installed on this site due to the limited capacitof
the drive-through lane without prior approval from the City through a modification to the
Conditional Use Permit(H-2022-0026).
Page 10
nem 4. EXHIBIT A ■
B. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciV.org/WebLink/DocView.aspx?id=259328&dbid=0&repo=MeridianC
Lty
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=260475&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 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 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.
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.
Page 11
nem 4. EXHIBIT A F81
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