Dutch Bros Ustick and Eagle MDA CUP H-2022-0077 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN:-~'
AND DECISION&ORDER
In the Matter of the Request for a modification to the existing Development Agreement(H-
2019-0082, Inst. #2019-121599) to update the existing concept plan; and conditional use
permit to construct a new 1,154 square foot restaurant with associated drive-through on
approximately 1.2 acres of land in the C-G zoning district,by Andrew Bowman,Barghausen
Consulting Engineers,Inc.
Case No(s). H-2022-0077
For the City Council Hearing Date of. February 14,2023 (Findings on March 7, 2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 14,2023, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 14,2023, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 14,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 14, 2023, 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 City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077)
- I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 14,2023,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 City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the Development Agreement and Conditional Use
Permit is hereby approved per the conditions of approval in the Staff Report for the hearing
date of February 14,2023,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of 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. 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.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.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 City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077)
-2-
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(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 February 14,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077)
-3-
By action of the City Council at its regular meeting held on the 7th day of March
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 3-7-2023
Attest:
Chris Johnson 3-7-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-7-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077)
-4-
EXHIBIT A
STAFF REPORT E IDIAN�.
COMMUNITY DEVELOPMENT DEPARTMENT J A H
HEARING February 14, 2023 Legend ----- ------
DATE:
Project Location
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner
208-884-5533
SUBJECT: H-2022-0077-Dutch Bros Ustick& E-USTIC ® E-USTICKAD`'
Eagle MDA,CUP
W
LOCATION: 3117 E.Ustick Rd., in the NE 1/4 of W i - W '
Section 5,Township 3N.,Range lE. Z W a } _Z W ;
(Parcel#R9161790045) - BUJ a W e
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I. PROJECT DESCRIPTION
The Applicant has submitted an application for a modification to the existing Development Agreement(H-
2019-0082, Inst. #2019-121599)to update the existing concept plan; and conditional use permit to construct
a new 1,154 square foot restaurant with associated drive-through on approximately 1.2 acres of land in the
C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 3.29-acre property(MDA Agreement); 1.194(Conditional
Use Permit)
Future Land Use Designation MU-R(mixed-use regional)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Dutch Bros.Coffee(restaurant with a drive-through)
Current Zoning C-G
Physical Features(waterways, The Milk Lateral runs along north and east boundaries of site
hazards,flood plain,hillside)
Neighborhood meeting date;#of 9/27/2022;4 attendees
attendees: 010
Page 1
Description Details Page
History(previous approvals) MDA H-2019-0082(DA#2019-121599);PP H-2020-0104
(Wadsworth Meridian Subdivsion)A-2019-0376;A-2021-
0010(site improvements)A-2021-0012(CZC/DES);PBA-
2021-0020(Property Boundary Adjustment);MDA H-2021-
0104(Denied)
B. Community Metrics
Description Details
Ada County Highway Not yet received
District
• Staff report(yes/no) Not yet received
• Requires ACHD No
Commission Action
(yes/no)
Traffic Impact Study No
es/no
Access Access is proposed from E.Bourbon Street via E.Ustick Road. at the west boundary of the
(Arterial/Collectors/State site.
Hwy/Local)(Existing
and Proposed)
Trip Generation
C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant:
Andrew Bowman,Barghausen— 18215 72°a Avenue South,Kent WA 98032
B. Owner:
Leo Betz,Wadsworth Development Group— 166 East 14000, South, Suite 210,Draper,UT 84020
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 11/30/2022 1/29/2023
Radius notification mailed to
properties within 300 feet 11/13/2022 1/26/2023
Public hearing notice sign posted
12/28/2022 2/2/2023
on site
Nextdoor posting 11/28/2022 1/30/2023
V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAl�:
Land Use:
This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM).
The purpose of the MU-R designation is to provide a mix of employment,retail,and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses
together,including residential,and to avoid predominantly single-use developments such as a regional
Page 3
retail center with only restaurants and other commercial uses. Developments should be anchored by uses
that have a regional draw with the appropriate supporting uses.
The subject site is part of a much larger MU-R area along the Eagle Road corridor that includes a mix
of residential and commercial uses. Therefore, Staff believes the proposed project is generally
consistent with the MU-R designation.
COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /g compplan):
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Plan for an appropriate mix of land uses that ensures connectivity, livability, and economic
vitality."(3.06.02)
The proposed use will contribute to the mix of uses in this area that ensure the livability and
economic vitality of the community.
• "Encourage and support mixed-use areas that provide the benefits of being able to live, shop,
dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall
livability and sustainability."(3.06.02B)
The subject mixed-use area currently contains a number of retail, restaurant, office, and
residential uses and will eventually include a multi family development directly to the west. To
the north are a number of big box stores (Kohl's, Dick's, and Hobby Lobby) and the new
Brickyard vertically integrated development; to the northeast is Lowe's and various other
commercial and restaurant buildings; to the east is Trader Joes's, multiple restaurants, and the
Verraso townhomes; and to the southeast are traditional garden style apartments, restaurant
users, and The Village. The proposed Dutch Bros. coffee restaurant will contribute to the mix of
uses in this area and provide a drive-through coffee chain option to area residents within close
proximity to nearby residential developments. The proposed use will also provide employment
opportunities to nearby residents.
• "Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments."(3.07.02A).
A 10 foot wide pathway is proposed within the buffer along the entire frontage off. Eagle Rd
and was constructed under the approved CZC(A-2021-0010). There is a 5-foot wide detached
sidewalk within the landscape buffer to Ustick Road per the conditions of approval in the existing
CZC. The sidewalk will connect to the multi-use pathway at the intersection of Ustick and Eagle
Road. Minimum 5-foot wide sidewalks will be required adjacent to all commercial buildings
within the Wadsworth Meridian Subdivision development and along the main driveways within
the site for pedestrian connectivity and easy access within the mixed-use development.
• "Minimize noise, lighting,and odor disturbances from commercial developments to residential
dwellings by enforcing city code."(5.01.0117)
Operation of the proposed use should comply with City ordinances pertaining to noise, lighting,
and odor disturbances.
VI. STAFF ANALYSIS
A. PROPERTY HISTORY
In 2019, a DA Modification was approved to remove the subject site from the original DA to enter into a
new one specific to this site(H-2019-0082,DA Inst. #2019-121599). Subdivision approval was granted
consisting of 5 commercial building lots. Several administrative approvals have been granted on the
subject site: A-2019-0376&A-2021-0010(CZC for the parking lot, landscaping, and other relevant site
Page 4
improvements); A-2021-0012 (CZC and Design Review approval of the southwest multi-tenant
building); PBA-2021-0020 (boundary adjustment to remove a lot along the north boundary creating 4
buildable lots instead of 5).
In 2022,the City Council held a public hearing to consider the Applicant's request to modify the existing
Development Agreement(MDA) (H-2021-0104)for the purpose of updating the concept plan to show
two-drive-through uses along the north boundary instead of two larger commercial buildings. The
proposed concept plan,ingress, egress,and internal traffic circulation was found to be detrimental to the
community. After carefully considering all the testimony received and all the information in the record,
the City Council found that the Applicant failed to demonstrate that the Applicant's proposed new plan
was superior to the existing one therefore, City Council denied the application which has necessitated the
need for the applicant to reapply for another amendment.
B. DEVELOPMENT AGREEMENT MODIFICATION(MDA)
The existing concept plan within the approved Development Agreement(DA) (Inst. #2019-121599)
depicts four buildings on the subject site (Exhibit VLA below)with the two closest to the north boundary
and Ustick Road being multi-tenant buildings or similarly sized commercial buildings. Since this
concept plan was approved the property has changed ownership and according to the new owners,the
existing concept plan is not best suited for site development. Therefore,the Applicant is requesting to
modify the existing DA for the purpose of updating the concept plan to show a Dutch Bros. Coffee
restaurant with drive-through use along the northwest boundary instead of one larger commercial
building.
None of the existing provisions contained within the recorded DA preclude additional drive-through uses
from occurring on the property—the approved multi-tenant building in the southwest corner of the site is
approved with a drive-through. Because of this existing drive-through approval,the request would
conceptually allow two (2)drive-throughs within this project. The new drive-through shown on the
updated conceptual development plan will need to obtain Conditional Use Permit(CUP)approval prior
to submitting for building permits because of the existing drive-through noted. In addition,the proposed
concept plan shows a reduction in commercial square footage due to a smaller footprint proposed for the
Dutch Bros site.
Access to the development is existing via a drive aisle connection to a shared driveway from E. Ustick
Rd. approved with the Centrepointe Mixed-Use MDA(H-2022-0035) along the west boundary of the site
and a recorded cross-access easement via N. Centrepoint Way,N. Cajun Ln. and E. Seville Ln. The
Applicant is not proposing any revisions to the ingress/egress for the overall site but access to
Centrepoint Way to the west is indirect until such time the property to the west develops. Within the site,
preliminary analysis shows that there should be ample parking for the four(4)proposed buildings and
their uses(three restaurants, one multi-tenant retail building, and one urgent care/clinic) and internal
circulation shown on the concept plan should meet all requirements of the UDC.
C. CONDITIONAL USE PERMIT(CUP)
Conditional use permit for a new 1,154 square foot dual drive-through Dutch Bros. coffee restaurant on
approximately 1.2 acres of land in the C-G zoning district to allow the requested drive-through use
within 300 feet of another drive-through facility.
Specific Use Standards(UDC 11-4-3):
The proposed use is subject to the following standards: (Staffs analysislcomments in italic text)
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.A menu board location should be depicted on the plans. The site plan
Page 5
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:
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public
right-of-way by patrons;
The concept plan shows the stacking lane is a separate lane from the drive aisles and parking which
provides access to the rest of the development. The proposed site layout places a drive-through that
starts at the southwest side of the building and exits at the southeast side of the building facing N. Eagle
Road. Approximately 524 feet of stacking space is available behind the drive-through window to
provide queuing for up to 26 vehicles. Dutch Bros. coffee has proposed implementing a runner system at
the facility that is designed to increase speed and efficiency in servicing the drive-through customers; as
well, employees will travel from vehicle to vehicle to greet and take customer orders. The "Runners"
will utilize a handheld device to transmit customer orders to the multiple drink stations inside the
building. Additionally, "Runners"will charge customers while in line, so by the time they arrive at the
service window, they may pick up their order and be on their way. This system decreases wait times
while allowing the "Runners"to have a more personal face-to face interaction with the customers. The
drive-through will not include any speaker boxes. All customer orders are taken in person either at the
window or with a runner that carries a handheld device to transmit orders to the kitchen. This order
process will minimize noise impacts and also decrease the amount of vehicle idling at menu boards that
are common at traditional drive-through facilities. If there was additional or excessive overflow from
the drive-through lane which does sometimes occur from drive-through establishments at peak times, it
would stack into the parking lot from the west, not into N. Cajun Lane or E. Ustick Road.
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.
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 required. An escape lane is proposed
prior to approaching the ordering window on the southeast side of the building.
5)The site should be designed so that the drive-through is visible from a public street for surveillance
purposes.
The drive-through is located on the south side of the building and is visible from the N. Eagle Road and
the drive aisle along the south side of the building for surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific
use standards as required.
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(see parking analysis below).
Page 6
Dimensional Standards (UDC 11-2):
Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC
Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the
required standards.
Access(UDC 11-3A-3):
Access is proposed on the site plan from E. Bourbon Street, a local street on the west side of the property,
and the private road to the south, granted through a Mutal Access Easement—Instrument#106169335. A
cross-access easement exists between Wadsworth Meridian Subdivision and the property to the west(parcel
# S1105110111)depicted on the recorded plat for Wadsworth Meridian Subdivision. Cars will enter the site
from the west and will either park in the lot in front of the drive-through or continue to the east along one of
the two 12' drive-through lanes merging to the coffee kiosk and exiting back to the same drive aisle to the
south. There is an escape lane provided just south of the coffee kiosk that exists to the same drive aisle to
the south. Direct access via E.Ustick Road is prohibited.
Parking(UDC 11-3C):
A minimum of one(1) off-street parking space is required per 250 square feet(s.£) of gross floor area. Based
on 1,154 s.£, a minimum of 5 parking spaces are required.A total of 14 parking spaces are proposed,
exceeding UDC standards.
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.Bicycle parking is shown on the plans submitted with this application.
Pedestrian Walkways: A pedestrian walkway is proposed from the patio on the east side of the building to
the pedestrian pathway along Eagle Road as required by UDC 11-3A-19.B.4.
The pedestrian walkway that runs through the drive-through lane connecting to Building A shall be
distinguished from the vehicular driving surfaces through the use of pavers, colored or scored
concrete, or bricks per UDC 11-3A-19.B.4.
Per the Development Agreement(Instrument#2019-121599), a 10-foot wide multi-use pathway with a
use easement and pedestrian lighting and landscaping shall be installed adjacent to N.Eagle Road/SH-
55 as set forth in UDC 11-3H-4C.3 with the site improvements approved with CZC (A-2021-0010).
Landscaping(UDC 11-3B1:
Street buffer: The street buffer along N. Eagle Road and E.Ustick Road are required to be constructed with
the improvements for the Wadsworth Meridian Subdivision along with the approved CZC(A-202 1-00 10)for
the common area site improvements. Per UDC 11-3B-7.C.3,All required landscape buffers along streets
shall be designed and planted with a variety of trees,shrubs,lawn,or other vegetative ground cover.
Plant materials in conjunction with site design shall elicit design principles including rhythm,repetition,
balance, and focal elements. The landscape buffers shown on the landscape plan are sparse, Staff
recommends adding more of a mix of shrubs and River Rock Mulch to the northwest corner of the site
fronting Ustick and along the north and south of the drive-through lanes.
Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-8C.1. The
perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty-five(35)
linear feet and shrubs,lawn,or other vegetative ground cover. The perimeter landscape buffer next to
the drive-through lane on the west side of the site is missing a mix of trees, shrubs,and River Rock
mulch on the landscape plan submitted with the CUP.All other landscaping appears to comply with
UDC standards.
With the CZC submittal,the landscape plan should be revised to show the required mix of materials
(i.e.,trees,shrubs,River Rock Mulch)in the landscape buffer adjacent to Ustick Road,and to the
parking lot perimeter landscape buffers to the north,south, and west of the drive-through lanes.
Page 7
Outdoor Lighting(UDC 11-3A-11):
All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that
have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;
the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C.
Details of the lighting proposed on the site that demonstrate compliance with the standards listed in
UDC 11-3A-11 should be submitted with the Certificate of Zoning Compliance application.
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. If mechanical equipment is proposed to be roof-mount, all equipment
should be screened and out of view as noted above.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structure as shown in Section VII.E.
Building materials consist of fiber cement siding, CMU Willamette-Graystone,metal roofing,canopy soffit
in natural north-western spruce, and glazing. The elevations appear to generally comply with the standards in
the Architectural Standards Manual;however,a detailed review will take place with the administrative
Design Review application.
Certificate of Zoning Compliance (UDC 11-5B-1):
A Certificate of Zoning Compliance(CZC) is required to be submitted for the proposed use prior to the
submittal of a building permit application to ensure compliance with UDC standards and the conditions listed
in Section X.
Administrative Design Review(UDC 11-5B-8):
An application for administrative Design Review is required to be submitted concurrently with the CZC
application. The design of the site and structures is required to comply with the standards listed in UDC 1I-
3A-19 and in the Architectural Standards Manual(ISM).
VII. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the existing Development Agreement and
Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section
X.
B. The Meridian Planning&Zoning Commission heard these items on January 5,2023.At the
public hearing,the Commission moved to recommend approval of the subject Conditional Use
Permit request.
1. Summary of Commission public hearing_
a. In favor: Nick Wecker, Barghausen Consulting Engineers;
b. In opposition:None
C. Commenting: Nick Wecker;
d. Written testimony: None
e. Staff presenting application: Bill Parsons, Planning Supervisor
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
Page 8
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard this item on February 14,2023. At the public hearing.the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor:Nick Wecker,Barghausen Consulting Engineers
b. In opposition: None
c. Commenting:Nick Wecker,Leo Betz.Wadsworth Development Group
d. Written testimony:None
e. Staff Presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Pedestrian safety accessing Building A through the parking lot.
4. City Council change(s)to Commission recommendation:
a. Add a Pedestrian walkway on the site that Provides Pedestrian safety from the Dutch Bros
parking lot on the east to Building A on the west: include the revised Plan with the FFCL's
for approval.
Page 9
EXHIBITS
A. Existing Conceptual Development Plan&Building Elevations
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Mwidiin City Council Maetg Aapnda September 17.2019- Page fM of 259
Page 10
B. Revised Conceptual Development Plan(Date: 2/22/2023)
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L- 0
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Development Agreement Modification:
1. The amended DA shall be signed by the property owner(s)and returned to the City within six (6)
months of City Council granting the subject modification. A certificate of zoning compliance and
administrative design review application cannot be submitted until the DA is executed.
Applicant shall develop the property consistent with the revised conceptual development plan in
Section VII.B,Exhibit B of the Staff Report.
Conditional Use Permit:
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application
shall be revised as follows:
a. The stacking lane,and menu 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. Additional signage and parking lot striping is required throughout the site to efficiently and
adequately direct patrons to the menu boards and throughout the site with minimal conflict.
d. Depict landscaping in the landscape buffer along E.Ustick in accord with the standards listed in
UDC 11-3B-7C.3; landscape buffers along streets shall be designed and planted with a variety of
trees, shrubs, lawn,or other vegetative ground cover that elicit design principles including
rhythm,repetition,balance,and focal elements. With the CZC submittal,the landscape plan
shall be revised to show the required mix of materials(i.e.,trees, shrubs,River Rock Mulch)in
the landscape buffer adjacent to Ustick Road.
e. Depict landscaping in the perimeter buffer along the drive aisles and drive-through lanes in
accord with the standards listed in UDC 11-3B-8C; the perimeter landscape buffer shall be
planted with one Class II or Class III tree per thirty-five(35) linear feet and shrubs, lawn,or
other vegetative ground cover. With the CZC submittal,the landscape plan shall be revised to
show the required mix of materials(i.e.,trees, shrubs,River Rock Mulch)in the parking lot
perimeter landscape buffers to the north, south, and west of the drive-through lanes.
£ Depict signage ahead of each pedestrian crossing in the drive-through lane notifying drivers to
watch out for pedestrians.
g. The pedestrian walkway that runs through the drive-through lane connecting to Building A shall
be distinguished from the vehicular driving surfaces through the use of pavers, colored or
scored concrete, or bricks per UDC 11-3A-19.13.4.
3. Compliance with the standards listed in UDC I1-4-3-I1—Drive-Through Establishment and
standards listed in UDC 11-4-3-49—Restaurant is required.
4. Per the Development Agreement(Instrument#2019-121599),a 10-foot wide multi-use pathway with
a use easement and pedestrian lighting and landscaping shall be installed adjacent to N. Eagle
Road/SH-55 as set forth in UDC 11-3H-4C.3
5. Submit elevation of the trash enclosure o that generally matched the proposed building design.
Page 17
6. 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.
7. 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 11-513-6F.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Ensure no sewer services cross infiltration trenches.
2. Minimum 14 foot wide paved or gravel road required to existing sewer manholes in the sidewalk
adjacent to Eagle Rd.
3. Ensure that trees are not planted in easements for water services.
4. Any unused fire line stubs must be abandoned per City Standards.
5. The existing public water easement does not cover all of the existing water service and water meter.
A public water easement will be required over any portion.
General Conditions of Approval
1. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way(include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility,or 30-feet wide for two. Submit an executed easement(on the form available from
Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,
which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with
bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and
dated by a Professional Land Surveyor. DO NOT RECORD.
2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source
of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water
for the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized,the developer will be
responsible for the payment of assessments for the common areas prior to prior to receiving
development plan approval.
3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of
street addressing to be in compliance with MCC.
4. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC
11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
5. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in
the development, and if so,how they will continue to be used, or provide record of their
abandonment.
6. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
Page 18
7. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures.
8. Applicant shall be required to pay Public Works development plan review,and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
9. It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill,where footing would sit atop fill material.
13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of occupancy
is issued for any structures within the project.
C. FIRE DEPARTMENT
No comments were submitted.
D. POLICE DEPARTMENT
No comments were submitted.
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
No comments were submitted.
F. ADA COUNTY HIGHWAY DISTRICT(ACHD)
No comments were submitted.
G. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=282984&dbid=0&r0o=MeridianCitX
IX. FINDINGS
A. Conditional Use Permit(UDC 11-511-6E)
The Council shall base its determination on the Conditional Use Permit requests 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.
Council finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the C-G district(see Analysis, Section VI for more
information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the
requirements of this Title.
Council finds the proposed restaurant with a drive-through will be harmonious with the is allowed as a
Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in
Page 19
Section VI 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.
Council finds the design, construction, operation and maintenance of the proposed use will be 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.
Council finds that if the applicant complies with the conditions outlined in this report, the proposed use
will not adversely affect other property in the area.
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.
Council 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.
Council 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.
Council 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).
Council finds the proposed use will not result in the destruction, loss or damage of any such features.
Page 20