PZ - Staff ReportDel Taco – CUP H-2018-0106 PAGE 1
STAFF REPORT
HEARING DATE: November 1, 2018
(Continued from: October 18, 2018)
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Del Taco – CUP – H-2018-0106
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Tom Lennon, has applied for a conditional use permit (CUP) for a drive-through
establishment within 300 feet of a residential district and existing residences in a C-C zoning district.
See Section VII, VIII & IX for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP application with the conditions of approval in
Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0106 as presented in the staff report for the hearing date of November 1, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0106
as presented in the staff report for the hearing date of November 1, 2018, for the following reasons:
(You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2018-0106 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1617 W. Island Green Drive, in the SE ¼ of Section 23, Township 4 North,
Range 1 West.
B. Applicant/Representative:
Tom Lennon
310 N. 5th Street
Boise, ID 83702
Del Taco – CUP H-2018-0106 PAGE 2
C. Owner:
Rocky Mountain Companies
350 N. 9th Street, Suite 200
Boise, ID 83702
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: September 28, 2018
C. Radius notices mailed to properties within 300 feet on: September 21, 2018
D. Applicant posted notice on site by: October 22, 2018
VI. LAND USE
A. Existing Land Use(s): The property consists of vacant/undeveloped land, zoned C-C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential property, zoned RUT in Ada County
2. East: N. Linder Rd., and mixed use commercial development, zoned C-3-DA in the City of
Eagle
3. South: Vacant/undeveloped land, zoned C-C
4. West: Vacant/undeveloped land, zoned C-C
C. History of Previous Actions:
In 2006, this property was annexed (AZ-06-005) with the requirement of a development
agreement (DA) (Inst. #106122365) and included in the preliminary plat for Knight Sky
Estates Subdivision.
In 2009, a modification to the previous DA was approved (Inst. #109082037, 1st
Amendment).
In 2011, this property was rezoned to C-C (RZ-11-006, Ord. #12-1511); a DA was
recorded as a provision of the rezone (Inst. #112040233, 2nd Amendment).
In 2014, a preliminary plat was approved that included this property (PP-14-011); and a
DA modification (MDA-14-008, Inst. #2014-088001) was approved to terminate the
three previous DA’s and enter into a new agreement.
D. Utilities:
1. Public Works:
a. Location of sewer: A sanitary sewer main intended to provide service to the subject
property currently exists near the SW corner of the subject site.
b. Location of water: Water service to the subject site is from Suez North America.
c. Issues or concerns: None
E. Physical Features:
Del Taco – CUP H-2018-0106 PAGE 3
1. Canals/Ditches Irrigation: There are no irrigation ditches on this site.
2. Hazards: Staff is unaware of any hazards that exist on this site.
3. Flood Plain: This property is not within the flood plain.
VII. COMPREHENSIVE PLAN ANALYSIS
This property is designated “Mixed Use – Community” on the Comprehensive Plan Future Land Use
Map. The purpose of this designation is to allocate areas where community-serving uses and
dwellings are integrated into the urban fabric. The intent is to integrate a variety of uses, including
residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential
buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not
as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety
that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment
opportunities for those living in and around the neighborhood are encouraged.
The site is proposed to develop with a drive-through restaurant which will contribute to the mix of
uses in this area and provide another fast food option to area residents within close proximity to
nearby residential developments. The proposed use will also provide employment opportunities to
nearby residents.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-
8C.
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City water and sewer service stubs have been provided to this site with development of the
subdivision.
“Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
The proposed drive-through restaurant will contribute to the variety of uses and fast food
options in the northern portion of the City.
“Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
Street buffer landscaping was installed with the subdivision along W. Island Green Dr. and
N. Linder Rd. on this site in accord with the standards listed in UDC 11-3B-7C. Internal
parking lot landscaping is required to be installed in accord with the standards listed in UDC
11-3B-8C.
“Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection.” (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
For the above-stated reasons, staff believes the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
Del Taco – CUP H-2018-0106 PAGE 4
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s): The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Six
Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
Allowed uses in the C-C district (i.e. Community Business District) consist of larger scale and
broader mix of retail, office and service uses with access to arterials or nonresidential collectors
per UDC Table 11-2B-1.
B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the C-C zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited. Restaurants are listed as a principal permitted use in the C-C
district; however, drive-through establishments require conditional use approval when they are
within 300 feet of another drive-through facility, a residential district, or an existing residence.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 for the C-C zoning district.
D. Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C. Street buffer landscaping is required to be provided in accord with the
standards listed in UDC 11-3B-7C.
E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for the
properties in commercial districts.
F. Structure and Site Design Standards: The proposed development must comply with the design
standards in accord with UDC 11-3A-19 and the Architectural Standards Manual (ASM).
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval of a conditional use permit for a drive-through establishment
within 300 feet of a residential district and existing residences in the C-C zoning district as
required by UDC 11-4-3-11, Drive-Through Establishment.
Specific Use Standards: The proposed drive-through establishment is subject to the standards
listed in UDC 11-4-3-11, Drive-Through Establishment. A Site Plan is required to be submitted
that demonstrates safe pedestrian and vehicular access and circulation on the site and between
adjacent properties. At a minimum, the plan shall demonstrate compliance with the following
standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles,
and the public right of way by patrons. Staff is of the opinion the proposed stacking lane
provides sufficient capacity to prevent obstruction of drive-aisles within the site.
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
proposed stacking lane is separate from the circulation lanes internal to the site needed for
access parking.
3. The stacking lane shall not be located within ten feet (10') of any residential district or
existing residence. The proposed stacking lane is approximately 130’ away from the nearest
residential district.
Del Taco – CUP H-2018-0106 PAGE 5
4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape
lane. An escape lane is depicted on the site plan.
5. The site should be designed so that the drive-through is visible from a public street for
surveillance purposes. The proposed drive-through is visible from two public streets (i.e. W.
Island Green Dr. and N. Linder Rd.).
The applicant is required to provide a six foot (6') sight obscuring fence where a stacking lane or
window location adjoins a residential district or an existing residence. The proposed stacking lane
and window location do not adjoin a residential district or existing residence.
Access: Access is provided to this site via W. Island Green Dr., a local street. A cross-access
easement exists between all lots in this subdivision as depicted on the plat for Chinden and Linder
Crossing Subdivision. Direct access via N. Linder Rd. is prohibited.
Parking: Off-street parking is required to be provided for the proposed use in accord with the
standards listed in UDC 11-3C-6B. Based on the proposed square footage of the structure (i.e.
2,418 square feet), a minimum of 4 parking spaces are required; a total of 14 spaces are proposed
in accord with UDC standards.
Bicycle parking is required to be provided on the site per UDC 11-3C-6G in accord
with the standards listed in UDC 11-3C-5C.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C.
A minimum 5-foot wide landscape buffer is required along the southern perimeter
boundary of the site landscaped in accord with the standards listed in UDC 11-3B-8C.1b;
the proposed landscape plan does not depict landscaping in this area. Additionally, all
interior planters are required to be landscaped per the standards listed in UDC 11-3B-
8C.2d. The landscape plan should be revised in accord with these standards.
To reduce traffic conflicts with vehicles exiting the drive-through and vehicles entering and
exiting the parking area from W. Island Green Dr., staff recommends some revisions to the
site plan, as follows: 1) add a landscaped planter strip on the west side of the center row of
parking; 2) restrict the two spaces on the west side of the parking lot to employee parking;
3) consider extending the curb (where vehicles exit the drive-through) across the first drive
aisle to funnel traffic from the drive-through through the western-most drive aisle.
Street buffers along W. Island Green Dr. and N. Linder Rd. were constructed with the subdivision
improvements in accord with UDC standards.
Pathways: A minimum 5-foot wide pedestrian walkway is required to be provided from the
perimeter sidewalk to the main building entrance; internal pedestrian walkways 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.4.
Building Elevations: The applicant has submitted conceptual elevations of the proposed building
included in Exhibit A.4. Building materials consist of stucco with standing metal seam awnings.
The final design of the structure is required to comply with the design standards listed in the
Architectural Standards Manual.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted and approved prior to application for building permits. The
applicant must comply with the design standards listed in UDC 11-3A-19 and in the Architectural
Standards Manual.
Del Taco – CUP H-2018-0106 PAGE 6
In summary, staff finds the proposed project complies with the applicable policies of the
Comprehensive plan and is conditioned to comply with the applicable development standards in
the UDC. Based on the aforementioned analysis, staff recommends approval of the subject CUP
application.
X. EXHIBITS
A. Drawings/Other
1. Zoning/Aerial Map
2. Site Plan (dated: August 21, 2018)
3. Landscape Plan (dated: September 6, 2018
4. Building Elevation (dated: August 2, 2018)
B. Conditions of Approval
C. Required Findings from Unified Development Code
Del Taco – CUP H-2018-0106 PAGE 7
Exhibit A.1: Zoning/Aerial Map
Del Taco – CUP H-2018-0106 PAGE 8
Exhibit A.2: Site Plan (dated: August 21, 2018)
Del Taco – CUP H-2018-0106 PAGE 9
Del Taco – CUP H-2018-0106 PAGE 10
Exhibit A.3: Landscape Plan (dated: September 6, 2018)
Del Taco – CUP H-2018-0106 PAGE 11
Exhibit A.4: Building Elevations (dated: August 21, 2018)
Del Taco – CUP H-2018-0106 PAGE 12
Del Taco – CUP H-2018-0106 PAGE 13
B. Conditions of Approval
1. PLANNING DIVISION
1.1 The applicant shall comply with all conditions of previous approvals (AZ-06-005, RZ-11-006 and
Development Agreement Instrument No. 112040234).
1.2 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-11, Drive-
Through Establishment.
1.3 The site plan, included in Exhibit A.2, shall be revised as follows:
a. Depict a minimum 5-foot wide perimeter landscape buffer along the southern boundary of the
site.
b. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the main
building entrance; internal pedestrian walkways 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.4.
c. Depict a bicycle rack on the site in accord with the standards listed in UDC 11-3C-5C.
d. Add a landscaped planter strip on the west side of the center row of parking.
e. Restrict the two spaces on the west side of the parking lot to employee parking only; install
sign accordingly.
f. Consider extending the curb (where vehicles exit the drive-through) across the first drive aisle
to funnel traffic from the drive-through through the western-most drive aisle.
1.4 The landscape plan, included in Exhibit A.3, shall be revised as follows:
a. Depict a minimum 5-foot wide perimeter buffer along the southern boundary of the site
landscaped in accord with the standards listed in UDC 11-3B-8C.1b.
b. Depict landscaping in interior planters in accord with the standards listed in UDC 11-3B-
8C.2d.
1.5 Development of this site shall substantially comply with the site plan, landscape plan and
building elevations included in Exhibit A and the conditions of approval in this report.
1.6 The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative
Design Review (DES) application to the Planning Division for approval of the proposed use and
final site layout and building designs prior to submittal of a building permit application.
1.7 The proposed site layout and structures are required to comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual (ASM).
1.8 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.9 The applicant shall have a maximum of two (2) years to commence the drive-through use as
permitted in accord with the conditions of approval listed above. If the use has not begun within
two (2) years of approval, a new conditional use permit must be obtained prior to operation or a
time extension must be requested in accord with UDC 11-5B-6F.
1.10 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
1.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
Del Taco – CUP H-2018-0106 PAGE 14
1.12 All signage for the property is subject to the standards set forth in UDC 11-3D.
1.13 With the certificate of zoning application, the applicant shall provide a copy of the recorded cross
access agreement with the property owner to the south (parcel #R2399370010).
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The Public Works Department has no comments related to this application.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments related to this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no comments related to this application.
6. CENTRAL DISTRICT HEALTH DEPARTMENT
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155580
7. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/155934/Page1.aspx
8. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/156162/Page1.aspx
Del Taco – CUP H-2018-0106 PAGE 15
C. Required Findings from Unified Development Code
1. CONDITIONAL USE PERMIT FINDINGS:
In consideration of a conditional use permit, the decision-making body shall make the
following findings:
a. 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.
Staff finds that the subject property is large enough to accommodate the proposed drive-
through use and development regulations of the C-C district (see Analysis Section VII, VIII
& IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of MU-C for this site.
c. 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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed use of the property should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other properties in the area.
e. 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.
Staff finds that the proposed use will be served adequately by all of the public facilities and
services as applicable.
f. 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.
If approved, the applicant will be financing any improvements required for development.
Staff finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community’s economic welfare.
g. 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.
Staff finds the proposed use will generate additional traffic in the area but should not involve
activities that will be detrimental to any persons, property or the general welfare of the area.
Del Taco – CUP H-2018-0106 PAGE 13
h. 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.
Staff finds that there should not be any health, safety or environmental problems associated
with the proposed use. Further, staff finds that the proposed use will not result in the
destruction, loss or damage of any natural, scenic or historic feature of major importance.