HomeMy WebLinkAboutFindingsMarch 31, 2008 CUP 08-002
MERIDIAN PLANNING & ZONING MEETING April 3, 2008
APPLICANT Boise Food Service ITEM NO. 5
REQUEST Findings of Fact & Conclusions of Law for Approval - Conditional Use Permit for a
drive through establishment in a C-G zone within 300 feet of another drive through facility
for Sonic Southern Springs - 1870 S. Meridian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
COMMENTS
See Attached Findings
Vv
�1
INTERMOUNTAIN GAS:
OTHER:
Contacted: Date:
Phone: _
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the city of Meridian.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVEJ)
MAR z a zoos
GITY OF MERIDIAN
wf
ITY C(_ERK OFFICE
IDIAN
In the Matter of Conditional Use Permit for a drive -through establishment within 300 feet
of another drive -through establishment AND Design Review approval for structure/site
located adjacent to an entryway corridor (Meridian Road) for the Sonic Southern Springs
Project, by Boise Food Service
Case No(s). CUP-08-002 and DES-08-004
For the Planning and Zoning Commission Hearing Date of: April 3, 2008 (continued from
March 6, 2008 and March 20, 2008)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 3, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 3, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 3,
2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 3, 2008 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 (LC. §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 August 6,
2002, Resolution No. 02-382 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-002 & DES-08-004
Page 1
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Elevations, Site Plan, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April 3,
2008 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:
The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
dated March 17, 2008, prepared by BRS Architects, is hereby conditionally approved;
and,
2. The applicant's Conditional Use Permit as evidenced by having submitted the
Elevations, subject to Design Review, dated March 13, 2008, prepared by BRS
Architects, is hereby conditionally approved; and,
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 3, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months 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 recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-002 & DES-08-004
Page 2
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-513-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months 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
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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 April 3, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-002 & DES-08-004
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the
day of _ , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAVID MOE
Attest:
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-002 & DES-08-004
Page 4
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STAFF REPORT Hearing Date: April 3, 2008
(Continued from March 6, 2008 and
March 20, 2008)
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: Sonic Southern Springs
• CUP 08 00
W IDIAI�TDV
- - 2
OF MERIDIAN
Conditional Use Permit for a drive -through establishmei�t v ttiin,3@OgEai fr,, �:: r
another drive -through establishment, by Boise Food Service.
• DES-08-004
Design Review approval for structure/site located adjacent to an entryway
corridor (Meridian Road)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Boise Food Service, has applied for Conditional Use Permit (CUP) approval of a
drive -through establishment within 300 feet of another drive through establishment and existing
residential zoning district. Design Review (DES) approval is also requested for the proposed
structure/site because of its location adjacent to an entryway corridor. Meridian Road is designated as
an entryway corridor, and as required by UDC 11-3A-19, the applicant has submitted a design review
application. The subject site is located on Lot 11, Block 1, of the Southern Springs Subdivision No. 2,
near the southeast corner of Meridian Road and Overland Road.
The property is currently zoned C-G (General Retail and Service Commercial District). The applicant
is proposing to construct a fast food restaurant (Sonic) with a drive -through window on this site. UDC
11-2B-2 lists a drive -through facility as an Accessory/Conditional use in the C-G zone, with
Specific Use Standards for Drive -through Establishments. The Specific Use Standards listed in
UDC 11-4-3.11 for Drive -through Establishments require Conditional Use Permit (CUP) approval
for drive -through facilities that are within 300 feet of another drive -through facility or a residential
district or an existing residence, prior to submittal of a Certificate of Zoning Compliance application.
2. SUMMARY RECOMMENDATION
Staff has provided detailed analysis of the requested CUP and DES applications below. Per UDC 11-
5A-2, the Planning & Zoning Commission is not required to make a decision on the DES application.
However, the Staff recommends that the Commission review and provide comments on the DES
application, as it is significant to the proposed development of this property. Staff is not
recommending approval of the site plan and elevations associated with CUP-08-002 and DES-08-
004. Staff is recommending the applicant submit a revised site plan and elevations for the
proposed Sonic Southern Springs Project consistent with Staffs recommendations provided in
the analysis section below. The Meridian Planning and Dning Commission heard these items on
March 20 2008 and April 3 2008. At the public hwaring, the Commission moved to approve
CUP-08-002 and DES-08-004.
A: Summary of Commission Public Hearing
i. In favor: Joe Thom son (Applicant's Representative), SkipHoffenber
Lawrence Ross
ii. In op Tsition• None
Sonic Southern Springs CUP-08-002
Page 1
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iii.
Commenting: None
iv.
Written testimony: Blaine and Mary Jane Bennett
V.
Staff presenting application: Bill Parsons
vi.
Other staff commenting on application: Caleb Hood Ted Baird
b. Key
Issues of Discussion by Commission:
i.
Site Plan and Elevations for the site.
ii.
Hours of operation for the drive -through establishment
iii.
Other alternatives for re -designing the site and complying with the Citt's design
review guidelines.
iv.
Previous approvals for projects within the Southern Springs development that
did not comply with design review.
v.
The Commission continued this project from March 201h to April 3d,to review
color renderings of the rear of the building referenced in Exhibit A
c. Key Commission Changes to Staff Recommendation:
i.
Modify conditions 1.1 and 1.2 approving the site plan and elevations presented
for the hearing date of March 20 2008 and April 3 2008
ii.
Modified Condition 1.6 to change the hours of operation to 6 am-11 m Sunda -
Thursdav and 6 am-12 pm Friday —Saturday.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-08-
002 (and DES-08-004, optional) as presented during the hearing date of April 3, 2008, with the
following modifications to the conditions of approval: (add any proposed modifications).
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number CUP-
08-002 (and DES-08-004, optional) to the hearing date of (insert continued hearing date here) for
the following reason(s): (you should state specific reason(s) for continuance.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-08-002
(and DES-08-004, optional) as presented during the hearing of April 3, 2008, for the following
reasons: (you must state specific reason(s) for the denial of the conditional use permit and what the
applicant may do to gain your approval in the future.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address / Location:
1870 S. Meridian Road
Section 19, Township 3 North, Range 1 East
b. Owner:
Southern Springs, LLC
1412 W. Idaho Street
Boise, ID 83702
C. Applicant:
Boise Food Service
1010 Allante Street, Suite #100
Boise, Idaho 83709
d. Representative: Bill Strite, BRS Architects
Sonic Southern Springs CUP-08-002
Page 2
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e. Present Zoning: C-G (General Retail and Service Commercial District)
f. Comprehensive Plan Land Use Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval
for a drive -through establishment within 300 feet of another drive through business. The drive -
through will be located on the south side of the building as shown on the site plan. Design
Review approval is also requested for the proposed structure/site because of its location adjacent
to an entryway corridor (Meridian Road) as required by UDC 11-3A-19. Note: The Commission
is not required to make a decision on the DR application.
1. Date of Site Plan (See Exhibit A): February 6, 2008
2. Date of Landscape Plan (See Exhibit A): February 6, 2008
3. Date of Building Elevations (See Exhibit A): November 15, 2007
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use per City Ordinance. By reason of
the provisions of UDC 11-5B-6, a public hearing is required before the Planning and Zoning
Commission on this matter.
b. The subject application will in fact require design review per City Ordinance. By reason of the
provisions of UDC 1 1-5A-2, a public hearing is not required on this matter.
c. Newspaper notifications published on: February 18, 2008 and March 3, 2008
d. Radius notices mailed to properties within 300 feet on: February 12, 2008
e. Applicant posted notice on site by: February 25, 2008
6. LAND USE
a. Existing Land Use(s): The site currently consists of a vacant commercially (C-G) zoned parcel
in the Southern Springs Subdivision No. 2.
b. Description of Character of Surrounding Area: This area is transitioning to a mix of commercial,
office and residential uses. To the west and east of the site are residential subdivisions. To the
north are commercial and office uses. To the south is a mix of commercial, office and residential
uses.
c. Adjacent Land Use and Zoning:
1. North: Southern Springs No. 2 and No.1; zoned C-G and L-O
2. West: Elk Run Subdivision; zoned R-8
3. South: Southern Springs No. 2 and No. 3; zoned C-G
4. East: Running Brook Estates; zoned R-4
d. History of Previous Actions: The subject property was annexed and zoned to the C-G zoning
district prior to preliminary plat approval in 2003. The final plat (FP-04-082) for Southern
Springs Subdivision No. 2 was approved in 2005.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer already stubbed to this lot during the construction of
Southern Springs
Sonic Southern Springs CUP-08-002
Page 3
CITYOF �1E.RIDIAN PLANNING DEPARTMENT STAFF REPORT F(JR THE HEARING DATE. l )F APRIL. 3, 2008
Location of water: Water already stubbed to this lot during the construction of
Southern Springs
Issues or concerns: None
2. Vegetation: None existing
3. Floodplain: NA
4. Canals/Ditches Irrigation: N/A
5. Hazards: NA
6. Size of Property: 0.80 acres
7. Description of Use: Proposed 1,526 square foot drive through restaurant establishment.
f. Summary of Proposed Streets and / or Access: The applicant is not proposing any new access
points to Meridian Road/SH69 and none are approved. The subject property is accessed from a
private access easement on the east side of the property that extends south to E. Calderwood
Drive, east across the Ten Mile Drain to Overland Road, and west, along the northern property
boundary to S. Meridian Road, as shown on the recorded plat for Southern Springs Subdivision
No. 2. A cross -access agreement exists between all lots in the subdivision as set forth in the
CC&R's for Southern Springs Subdivision, as noted on the plat for Southern Springs Subdivision
No.2.
7. AGENCY COMMENTS
On February 15, 2008 a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Police
Department, Meridian Parks Department and Meridian Public Works Department. Staff has included
comments, conditions and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Future Land Use Map. The Comprehensive Plan
defines the Commercial district as providing "a full range of commercial and retail to serve area
residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family
residential, as well as appropriate public uses such as government offices. Within this land use
category, specific zones may be created to focus commercial activities unique to their locations. The
applicant is requesting approval to construct a 1,526 square foot restaurant with a drive -through
window on the subject property within 300 feet of another drive through facility. The proposed use of
the property generally complies with the comprehensive plan designation for this site.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics):
• Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands in the
following manner:
➢ Sanitary sewer and water service is extended to the project.
➢ The subject lands currently lie within the jurisdiction of the Meridian CiFire
Department, who currently shares resource and personnel with the Meridian Rural Fire ty
Department.
➢ The subject land is serviced by the Meridian Police Department (MPD).
Sonic Southern Springs CUP-08-002
Page 4
CITY OF N4ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA'I'F OF APRIL 3, 200
The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD) and ITD. This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss.
Municipal, fee -supported, services will be provided to this site by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action 5)
The applicant is required to install and maintain landscaping on the site in accordance with
UDC 11-3B. A landscape plan was previously approved by the Planning Department with the
Final Plat (FP-04-082) application for Southern Springs Subdivision for the35 foot street
buffer landscaping along Meridian Road that abuts this site on the west. Internal parking lot
landscaping is proposed on the landscape plan submitted with this application for this site.
All landscaping installed on the site shall comply with the approved landscape plan and UDC
11-3B and shall be maintained.
• "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
A 35 foot wide landscape buffer has been installed adjacent to S. Meridian Road, an
entryway corridor into the City.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Although there are other drive -through establishments in this area, Staff believes that the
proposed drive -through establishment (Sonic) will contribute to the variety of uses in this
area.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
• "The capacity of arterial ... roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access
points on arterial ... roadways as development applications are reviewed." (Chapter VI, page
72)
a "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of
existing access points onto arterial streets." (Chapter VI, Goal H, Obj. A, #12, page 79).
"Restrict curb cuts and access points on ... arterial streets." (Chapter VII, Goal IV, Obj. D,
#5, page 107)
No direct access is being proposed to this site. With the Southern Springs project, all access
points were approved for the site. Cross -access is provided to all lots within Southern
Springs Subdivision No. 2.
9• UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive -through facility as an
Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive -through
Sonic Southern Springs CUP-08-002
Page 5
CITY OF MERIDIAN PLANNING DEPAUMENT STAFF REPORT FOR THE HEARINC:i DATE. OF APRIL 3. 20M
Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive -through
Establishments require Conditional Use Permit (CUP) approval for drive -through facilities that
are within 300 feet of another drive -through facility or a residential district or an existing
residence (see Section 10 below for additional specific use standards related to drive -through
establishments). The subject property is within 300 feet of another drive through facility and a
residential zoning district.
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel -related services, as well
as retail sales for the transient and permanent motoring public.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: The applicant is proposing to construct a
new 1,526 square foot building for a Sonic restaurant with a drive -through window on the subject
property. The UDC (11-4-3.11) requires CUP approval for drive -through establishments that are
proposed to be located within 300 feet of an existing residence and/or a residential district and/or
another drive through business. Compliance with the design standards listed in UDC 11-3A-19C
pertaining to the site and building design is also required for properties that are adjacent to an
entryway corridor. In compliance with the aforementioned UDC requirements, the applicant has
submitted CUP and DES applications for the proposed Sonic Restaurant.
Although a drive -through restaurant may be an appropriate use for this site, Staff has
major issues with the site design and building elevations that are currently proposed.
Meridian Road is a main thoroughfare and designated entryway corridor into the City of
Meridian and lends itself to opportunities for high quality architectural and site design.
However, the applicant is proposing to orient the subject building with the rear elevation
facing Meridian Road. The rear elevation does not comply with the design review
standards for buildings adjacent to an entryway corridor. Further, there are covered car-
hop/carports structures proposed adjacent to Meridian Road that staff believes are not
appropriate next to an entryway corridor. Because the site plan and elevations do not
comply with all of the design review guidelines mentioned below, staff believes the applicant
should re -design the site. As proposed the site design and elevations are not approved.
Landscaping: The applicant has submitted a landscape plan prepared on February 6, 2008 by
Harvest Design, labeled as Sheet LS-1. The street buffer landscaping along Meridian Road was
reviewed and approved with the final plat for Southern Springs Subdivision No.2. Staff has
reviewed the internal parking lot landscaping depicted on the landscape plan and found it
substantially complies with the landscaping requirements in UDC 11-3B-8. However, the UDC
requires a 5-foot perimeter landscape strip adjacent to all perimeter vehicle use areas, with trees
planted every 35 linear feet. The 5-foot perimeter landscaping along the southern boundary of the
site scales at approximately 95 feet in length which requires a minimum of 3 trees. On the
submitted landscape plan, there are only two trees depicted. The applicant should revise the
landscape plan to depict at least 3 trees in the southern perimeter landscape area.
Parldng: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is
required in commercial districts. The proposed building consists of 1,526 square feet; thus, 4
parking spaces are required. The applicant is proposing 21 parking spaces on the site which
complies with this requirement. Seventeen of the stalls are proposed for drive up ordering
(vehicle dining) and the 4 remaining stalls are for patrons who wish to eat at the patio area. Staff
Sonic Southern Springs CUP-08-002
Page 6
CITY OF MERIDIAN PLANNING DEPART_-MENT STAFF REPORT FOR THE HEARING DATE OF APRIL. 3, 20B'
has concerns regarding the proximity of the vehicle dining stalls and canopy as they are the
closest `improvement" on site to Meridian Road, an entryway corridor. Further, the
canopy stalls for vehicle ordering are dimensioned at 9' X 18' and code requires 9' X 19%
Furthermore, the applicant shall also maintain a 20 foot drive aisle (UDC only requires 13
feet; SSC and the Fire Department require 20 feet). The site plan should be revised to
comply with the parking stall and drive aisle dimensions of the UDC and Fire Department
access requirements.
Also, per UDC 11-3C-6, one bicycle parking space shall be provided for every 25 vehicle parking
spaces. The applicant has provided a bike rack on the site.
Development along Federal and State Highways: Unified Development Code (UDC) 11-3H-1
Purpose. One of the three purpose statements is to "limit access points to state highways in order
to maintain traffic flow and provide better circulation and safety within the community and for
the traveling public." An internal private access road within the Southern Springs development
that provides cross -access to all lots was approved with the plat for Southern Springs Subdivision.
UDC 11-3114B3 states: "The applicant shall construct a street, generally paralleling the state
highway, be designed to accommodate future connectivity and access to all properties fronting
the state highway that lie between the applicant's property and the nearest section line road and/or
half mile collector road." The subject property is accessed from a private access easement that
runs parallel to SH69 on the east side of the property that extends north-east through Southern
Springs Sub. 1 to Overland Road, south to E. Calderwood Drive and west, along the southern
property boundary of the subject lot to S. Meridian Road, as shown on the recorded plat for
Southern Springs Subdivision No.'s 1, 2, & 3. A cross -access agreement exists between all lots in
the Southern Springs development as set forth in the CC&R's and noted on the plat.
Specific Use Standards for Drive-through's: Staff finds that the site plan meets the
requirements set forth in UDC 11-4-3.11, which states that "a site plan shall be submitted that
demonstrates safe pedestrian and vehicular access and circulation on the site and between
adjacent properties." UDC 11-4-3.11 goes onto state:
At a minimum, the site plan shall demonstrate compliance with the following standards:
• Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons;
• The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking;
• The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence;
• Any stacking lane greater than one hundred feet (100) in length shall provide for an
escape lane.
• A letter from the Transportation Authority indicating the site plan is in compliance
with the authority's standards and policies shall be required.
Staff finds that the site plan submitted with this application complies with the specific
use standards for a drive -through establishment, as set forth in UDC 114-3.11C. To
ensure safe vehicular movements, staff has required additional signage on the property.
These requirements are discussed in the Design Review section below.
Design Review: As proposed the site plan and elevations for this development do not comply
with the design review standards of UDC 11-3A-19. Staff has provided analysis below and called
Sonic Southern Springs CUP-08-002
Page 7
CITtiOF MERIDIAN PLANNING DEPARTMENT STAIT REPORT FOR THE HEARING DATE OF A.PRIL ;, D)08.'
out the applicable standards the applicant does not comply with. Because this use also requires
CUP approval, staff is including additional elevation and site design changes.
Because the subject property is located adjacent to an entryway corridor (Meridian Road),
structures proposed on this site are subject to the design standards listed in UDC 11-3A-19C, as
follows (staff analysis in italics):
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
facade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade. The rear facade of the building is the side that faces
Meridian Road, a designated entryway corridor. The elevations submitted to staff
with the application do not show much modulation or articulation in the street facing
(rear) elevation. The applicant is currently proposing to add a tower to the rear of
the building to help modulate the rear facade. Staff believes this feature was
primarily added for additional signage on the site. Screening is proposed at the rear
but the intent of the standards of this section is not to screen unattractive buildings, it
is to construct attractive buildings. Although the applicant has revised the rear
elevations staff believes more architectural elements need to be incorporated into the
design of the building.
b. Primary public entrance(s): The primary building entrance(s) shall be clearly
defined by the architectural design of the building. Windows, awnings, or arcades
shall total a minimum of thirty percent (30%) of the facade length facing a public
street. Staff believes that the applicant has done a nice job of defining the building
entrance. However, the primary building entrance is facing an internal driveway and
not the entryway corridor, as staff would prefer. Furthermore, most of the
architectural details of proposed building are located on the front
facade of the building.The .f (east facing
e ony part of the proposed building that incorporates these
design features listed is the east elevation. Staffs preference would be to swap the
east and west elevations and not have the rear of the building fronting on Meridian
Road.
c. Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices. The proposed roof design does not incorporate
varying parapet heights and roofplane.
d. Pattern variations: At least two (2) changes in one (1) or a combination of the
following shall be incorporated into the building design: color, texture and/ materials.
A large amount of the building is constructed of a concrete wall panel. Staff believes
there is not enough variation in the building material. Staff believes the applicant
should add additional materials (i.e. stone or stucco accent) to compliment and
better fit in with the other buildings in the Southern Springs development. The
applicant should revise the elevations to reflect this change.
e. Mechanical equipment: All ground -level and rooftop mechanical equipment shall
be screened to the height of the unit as viewed from the property line. All mechanical
equipment will be screened by the parapets as required. Note: The photos submitted
to staff; the roof top equipment is not screened according to the UDC. Prior to CZC
issuance the applicant should demonstrate compliance with the UDC.
Sonic Southern Springs CUP-08-002
Page 8
CITY a iE- KIERIDLAN PLA_-NNING DEPARTMENT ST)UT REPORT FOR THE HEARING DATE OF APRIL 3. 200.8
2. Color and materials: Exterior building walls shall demonstrate the appearance of high -
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, or stucco or stucco -like synthetic materials. Smooth -
faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited
except as accent materials. The building is proposed to be constructed primarily of
concrete wall panel veneer and is very monochromatic in color. Staff recommends the
applicant incorporate an additional colored material on the building. The applicant
should revise the building elevations to reflect this change.
3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front facade of the structure and abutting streets,
unless the principal building(s) and/or parking is/are screened from view by other
structures, landscaping and/or berms. Four of the proposed parking stalls (detached
parking structure along the north side) are located in front of the structure and front -on
Meridian Road. These parking stalls will have the same canopy treatments as the
building. Staff is concerned with the appearance of that canopy structure fronting on
Meridian Road. Staff recommends the free standing canopy be located to the east and the
building entrance should be the main focal point along Meridian Road. The applicant
should revise the site plan to reflect this change.
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in
width shall be provided from the perimeter sidewalk to the main building entrance.
The walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures. An 8-foot wide pedestrian walkway is depicted on
the site do landscape plans from the sidewalk along Meridian Road to the main
building entrance. Because the pathway is proposed to cross the drive -through
driveway, Staff recommends that a "Caution: Pedestrian Crossing" sign be installed
in the southwest corner of the planter island north of the 8-foot pathway.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks. The
proposed 8-foot wide walkway is proposed to be constructed of brushed and scored
concrete.
c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that
is greater than one -hundred fifty (150) parking spaces or two hundred feet (2001)
away from the main building entrance. This requirement is not applicable to this site.
d. The walkways shall have weather protection (including but not limited to an awning
or arcade) within twenty feet (20') of all customer entrance. The building elevations
labeled ES-1 comply with this requirement.
Building Elevations: Building elevations were submitted for this site, prepared by BRS
Architects, labeled as Sheet ES-1, dated 11/15/07. After reviewing the submitted elevations
with the application submittal, the building does not comply with the design review
standards. Staff is recommending the applicant revise the site plan and building elevations
prior to CUP and DES approval. The applicant has submitted color photos that depict the
design of the building. After a comprehensive review of the photos, staff is still not
convinced the building complies with the Design review guidelines.
Sonic Southern Springs CUP-08-002
Page 9
I ITE1 ➢:I'Q iP PI:.. 41 h11hJd:::i DEPART,%,1E`,JT SJ,A.l F REPOP1 ,(yF` 1711 .Ht. 1h.:I7V(a i? h I E (,.,lt ,n,Ppjj.
Hours of Operation: The applicant is proposing hours of operation from 6 am to 11 pm
Monday -Thursday and 6 am to 12 am Friday -Saturday. Other drive through business' in the
Southern Springs development are restricted to the hours of 6 am and 10 pm to help alleviate the
effects of noise, traffic, odors, glare, or other nuisances created by the business to the adjacent
residential properties. Staff recommends the hours of operation be limited to the same hours
as the other drive through businesses in the development, 6 am to 10 pm.
Site Design: The applicant has submitted a site plan with this CUP application. Changes to the
site plan have mentioned through out section 10 of the staff report and conditioned in Exhibit B.
However, the trash enclosure is located along Meridian Road. Staff believes the trash enclosure
should be constructed for high quality and durability as well. Staff recommends the applicant
construct said enclosure with acceptable materials, including but not limited to, tinted or
textured masonry block, textured architectural coated concrete panels, tinted or textured
masonry block, or stucco or stucco -like synthetic materials with solid metal doors. The
trash enclosure should not exceed 6 feet in height. The applicant should provide a trash
enclosure detail at the time of CZC submittal.
In addition, the sidewalk adjacent to the north side of the building is depicted as 4 feet. The
UDC requires minimum 5-foot sidewalks adjacent to buildings. The applicant should
construct a 5-foot sidewalk adjacent to the north side of the building.
Certificate of Zoning Compliance (CZC): The purpose of a Certificate of Zoning Compliance
(CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-513-1A). To ensure that all of the conditions of approval listed in
Exhibit B are complied with, the applicant will be required to obtain a CZC from the Planning
Department prior to receiving a building permit. With the CZC application, and in addition to the
changes mentioned above, include the following additional information on the site plan and/or
landscape plan submitted with the new CZC for this site:
• A "Do Not Enter" sign should be installed in the planter island on the east side
of the drive -through lane on the south side of the building where traffic exits.
This provision should help to prevent cars from entering the site from the
wrong direction; please include signage on plan.
• A "Caution: Pedestrian Crossing" sign should be installed in the southwest
corner of the planter island north of the 8-foot pathway.
• A "Stop" sign should be installed at the terminus of the east end of the
driveway for the drive -through.
b. Staff Recommendation: Staff is not recommending approval of the site plan and elevations
associated with CUP-08-002 and DES-08-004. Staff is recommending the applicant submit a
revised site plan and elevations for the proposed Sonic Southern Springs that reverses the east
and west elevations, consistent with Staffs recommendations provided in the analysis sections
above. The Meridian Planning and Zoning Commission heard these items on March 20 2008
and April 3 2008. At thepublic hearing, the Commission moved to apDrove CUP-08-002 and
DES-08-004.
11. EXHIBITS
A. Drawings
I. Site Plan (dated March 17, 2008)
Sonic Southern Springs CUP-08-002
Page 10
CITE' OF _MERIDIAN PL kNNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 3, 2008
2. Landscape Plan (dated February 6, 2008)
3. Building Elevations (dated March 13, 2008) (not a)preyed)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Unified Development Code
Sonic Southern Springs CUP-08-002
Page 11
CITY OF 7A ERIDIAN PLANNING DEP,,kRTN,f ENT STAFF REPORT FOR THE HEARING DATE OF APRIL 3, 2008
A. Drawings
1. CUP Site Plan (REVISED)
Exhibit A
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CITY (")F MERIDIAN PI-ANN ING, DEPARTMENT' STAFF REPORT FUR THE. HEARING DA-rF., OFAML, 3,2008
2. Landscape Plan
S* KUNA MERIDIAN ROAD
Exhibit A
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3. Building Elevations (REVISED)
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Exhibit A
CITY OF PvllERIDIAN PLANNING DEPARTMENT ST:A.FF REPORT FOR THE HEARING D.A.TE OF APRJl.. 3, 2008
North Facing
Exhibit A
CITE' OF N4ERID.1,4,.N PI_,4NNF\G DE.PA.RTN4FNT STAFF REPORT' FOR THE NEARING DATE Ol APR.IL 3. 2008
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Site Plan, dated Febnaaf5,,6, 2 March 17, 2008 included as Exhibit A, is net approved.
1.2 The request for Design Review approval of the site and proposed building with a drive -through
window is not approved. Submit Fevised
1.3 The applicant shall construct the trash enclosure with acceptable materials, including but not
limited to, tinted or textured masonry block, textured architectural coated concrete panels, tinted
or textured masonry block, or stucco or stucco -like synthetic materials with metal doors. The
trash enclosure shall not exceed 6 feet in height. The applicant shall provide a trash enclosure
detail at the time of CZC submittal.
1.4 The seventeen canopy parking stalls shall meet the dimensional standards in accordance with the
UDC and maintain a 20-foot drive aisle.
1.5 The sidewalk adjacent to the north side of the building shall be 5 feet wide.
1.6 Hours of operation shall be limited from b �-� *��_� '6_1 lnm Sunday -Thursday and from 6
am-12 am Friday -Saturday.
1.7 A "Do Not Enter" sign shall be installed in the planter island on the east side of the drive -
through lane on the south side of the building where traffic exits. This provision should help to
prevent cars from entering the drive -through from the wrong direction; please include signage on
a revised site plan.
1.8 A "Caution — Pedestrian Crossing" sign shall be installed in the southwest corner of the planter
island north of the 8-foot pathway; please include signage on a revised site plan.
1.9 A "Stop" sign should be installed at the terminus of the east end of the driveway for the drive -
through.
1.10 The 8-foot wide pedestrian pathway depicted on the site and landscape plans at the west boundary
of the site connecting from the pathway along Meridian Road to the main building entrance shall
be distinguished from vehicular driving surfaces through brushed and scored concrete, as
proposed.
1.11 Weather protection (i.e. awning, arcade, etc.) shall be installed within 20 feet of all customer
entrances, in compliance with UDC 11-3A-19C4d; depict on revised elevations submitted with
the Certificate of Zoning Compliance application.
1.12 The Landscape Plan, labeled Sheet LS-1, prepared by Harvest Design, dated February 26, 2008,
is approved with the following modification
• Provide an additional tree in the 5-foot perimeter landscaping adjacent to the south
property boundary.
1.13 A bicycle rack capable of holding at least one bicycle is required on the site, per UDC 11-3C-6;
depict location on a revised site plan, as proposed.
1.14 The site plan submitted with the Certificate of Zoning Compliance shall be revised to depict the
stacking lane, menu and speaker location (if applicable), .and window location for the drive
through window, as required by UDC 11-4-3-11B.
Exhibit B
CITY' OF NIER.IDIAN PLANNING DEPAR'1 ,1F. NT ST,' -FF REPORT F-CIR. THE }-HEARING DATE OFAPR11. ?, 20fIR
1.15 The subject drive -through design is approved as proposed with the conditions noted herein, as it
complies with the standards set forth in UDC 11-4-3.11. Submit a letter from the Transportation
Authority (ACHD) indicating the site plan is in compliance with the authority's standards and
policies.
1.16 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11.
1.17 Except for the "Do Not Enter," "Caution — Pedestrian Crossing" and the "Stop" signs mentioned
above, no signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance (UDC 11-3D).
1.18 Staffs failure to cite specific ordinance provisions or terms of approval of the Southern Springs
development does not relieve the applicant of responsibility for compliance. The applicant shall
comply with all prior conditions of approval for this site.
1.19 To ensure that the conditions of approval for CUP-08-002 are complied with, the applicant shall
be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning
Department prior to commencement of the drive -through use and construction of the proposed
building.
1.20 All required improvements must be complete prior to obtaining a Certificate of Occupancy for
the proposed development. A temporary Certificate of Occupancy may be obtained by
providing surety to the City in the form of a letter of credit or cash in the amount of 110 % of
the cost of the required improvements (including paving, striping, landscaping, and irrigation).
A bid must accompany any request for temporary occupancy.
1.21 The applicant shall have a maximum of 18 months to commence the proposed use as permitted
in accord with the conditions of approval listed above.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development was installed during the construction of Southern
Springs. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site was installed during the construction of Southern Springs. The applicant
shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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
obtaining a certificate of occupancy.
2.4 All existing structures that are required to be removed shall be prior to obtaining certificates of
occupancy.
2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Exhibit B
CITY OF' %1ERIDTA.N PLANNING DEPARTMENT STAFF RLPORT' FOR THE HEARING DATE ()F APRII. 3, 2008
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.6 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non -domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.7 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.
2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District prior to
applying for building permits.
2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
obtaining a certificate of occupancy.
2.10 All development improvements, including but not limited to sewer, fencing, micro -paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.11 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to obtaining a certificate of
occupancy.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.15 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.
2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the footing is at least 1-foot above.
2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of -way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval
2.18 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
Exhibit B
CIT-Y' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIME HEARING D�A7-E OF .APR1L. 3, Zt}08
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.5 Commercial and office occupancies will require a fire -flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on -site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 Comments were not received from the Parks Department on this application.
6. SANITARY SERVICES
6.1 Prior to issuance of a certificate of zoning compliance, the applicant shall submit an approved site
plan from SSC.
7. ADA COUNTY HIGHWAY DISTRICT
Exhibit B
CITY OF MERIDIAN PLAN'NJNG DEPARTh1FNT STAFFREPORT' FOR THE HEARING DATE OF.APRIL 3, ?Opg
7.1.1 The applicant shall comply with all previous conditions of approval for this site.
Exhibit B
�ti11I:IDI l"I:_:"P 1`J:IPJ(:3I)E1 ',P IJ:9E"N! l STA. FF; I'C P()F'T i;(ilt 71:1F IIE:7,R[N("i F.f"I'_'ll.?,.
C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
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.
The proposed building and drive -through facility on this site can accommodate and meet all
dimensional and development regulations of this district (as amended). The Commission finds that
the subject property is large enough to accommodate the required parking, landscaping and other
features required by the ordinance. The Commission should rely on Staff s analysis, and any oral or
written public testimony provided when determining if this site is large enough to accommodate the
proposed use.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan designation for this property is "Commercial."
The proposed use is generally harmonious with the Comprehensive Plan and the UDC (see Section
8 above for more information regarding the requirements for this use).
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.
The Commission finds that if the applicant complies with the conditions outlined in this report, the
general design, construction, operation, and maintenance of a restaurant with a drive -through
should be compatible with other future and existing uses in the general neighborhood and the
intended character of the area. The Commission should rely on Staffs analysis, and any oral or
written public testimony provided when determining if this site will be compatible with other uses
in the general vicinity.
d. 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 that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other property in the area. The Commission should rely upon
any public testimony provided to determine if the development will adversely affect the other
property in the vicinity.
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.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the Meridian
Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACHD.
Exhibit C
CITY OF MERIDIAN PLANNING DE:P:IRT"MENT STAFF REPORT FOR. THE }TEARING DATE OF' A.FRIL ;, 2png
Based on comments from other agencies and departments, Staff finds that the proposed use will be
served adequately by all of the public facilities and services listed above.
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. The
Commission 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.
The Commission recognizes that traffic and noise will increase with the approval of a restaurant
with a drive -through use in this location; however, the Commission does not believe that the
amount generated will be detrimental to the general welfare of the public. The Commission does
not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors.
Therefore, the Commission finds that the proposed uses will not be detrimental to people, property
or the general welfare of the area.
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.
The Commission finds that there should not be any health, safety or environmental problems
associated with this use that should be brought to the Commission's attention. The Commission
finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic
or historic feature of major importance.
Exhibit C