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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 STAFF REPORT P & Z Commission Hearing Hearing Date: 4/20/2006 ~~.~ ctre;;di :n~ .\, " !iUU() )~ \~., !" ,.",11, .,."F' """'.?!_~,,'t'\<,'!""'~";~! S .,~~_'!.-...r, " TO: FROM: SUBJECT: Planning & Zoning Commission Joe Guenther, Associate City Planner Cheny Crossing Drive- Thru CUP-06-010 Conditional Use Pennit for a drive-thru within 300 feet of a residential district for Robnett Construction 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Robnett Construction, has applied for Conditional Use Pennit approval for a drive-thru within 300 feet of a residential district at Cherry Crossing commercial center. The site is located on the northwest comer of Linder Road and Cheny Lane. The proposed building received staff level Certificate of Zoning Compliance approval on April 21, 2005 without a drive-thru. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested application below. Staffrecommends approval of CUP-06.010 for Cherry Crossing drive thru as presented in the staff report for the hearing date of April 20, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 06~010 as presented in the Staff Report for the hearing date of Apri16, 2006, and the site plan labeled SD-1, dated February 15, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 010 as presented in the Staff Report for the hearing date of April 6, 2006, for the following reasons: (you must state specific reason(s) for the denial of the conditional use pennit.) I further move to direct Legal Department Staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on April 20, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-O6-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NW Comer of Cheny Lane and Linder Road! 1760 W. Cherry Lane Section 2, T3N Rl W Cherry Crossing CUP-06-010 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 b. Owners: Robnett Construction 1045 S. Anacona Ave Eagle, ill 83616 c. Applicant: Robnett Construction 1045 S. Anacona Ave Eagle, ill 83616 d. Representative: Mike Robnett, Robnett Construction e. Present Zoning: C-N f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Pennit approval for a drive-thru within 300 feet of a residential district. 1. Date of CUP Site Plan (attached in Exhibit A): SD-1.0 January 2005 2. Date of Landscape Plan (attached in Exhibit A): L7.01 March 17, 2005 3. Date of Building Elevations (attached in Exhibit A): January 2005 h. Applicant's Justification Statement (from application materials): "The property had a drive thru approval in 2001 and when the site was redesigned in 2004 the applicant assumed the use would be able to continue." 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: April 3 and April 17, 2006 c. Radius notices mailed to properties within 300 feet on: March 24, 2006 d. Applicant posted notice on site by: April 8, 2006 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Developed largely as professional office and small scale retail, with an existing residential subdivision on the north side of Overland Road. c. Adjacent Land Use and Zoning 1. North: Existing homes, zoned R-4 2. East: Walgreens zoned L-O 3. South: Existing commercial development, zoned C-N 4. West: Existing homes, zoned R-4 Cherry Crossing CUP -06-0 I 0 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 d. History of Previous Actions: CZC-05-046 approved on April 21, 2005 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are existing stubs to this property. Location of water: There are existing stubs to this property. Issues or concerns: None. 2. Vegetation: None. Existing lanscaping 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: C-N 7. Size of Property: 2.09 acres h. Proposed and Required Non-Residential Setbacks: per the C-G zone C-N Standard Front Side 20 feet 0 feet Rear 25 feet 35 feet Max. Building Height Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and!or Access (private, public, common drive, etc.): The access to the site will be from existing curb cuts on Cherry Lane. 7. COMMENTS MEETING On March 31, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. In Chapter VII of the Comprehensive Plan, 'Commercial' areas are anticipated to provide 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. Staff finds that the request generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Goals, Obj ectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): Cherry Crossing CUP-06-0IO PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant will be required to construct landscaping which complies with the Unified Development Code. . "Pennit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed use does contribute to the variety qf commercial uses in this area, as envisioned with the Comprehensive Plan. Staffjìnds that the proposal is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-thru as a Pennitted!Conditional use in the C-N zone. b. Purpose Statement of Zone: 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. Four 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 ofthe district in proximity to streets and highways. C-N Neighborhood Business District: The purpose of the C~N district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are small scale convince oriented. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation CONDITIONAL USE PERMIT Special Considerations: Staff is generally supportive of the proposed site design as presented in the CUP site plan labeled as Sheet SD.Ol, dated January, 2005, with the following comments: Median Landscape Strip: The site has a unique drive aisle which forces traffic to cross oncoming traffic in the parking lot. Staff has little concern with the design but the Meridian Police Department noted that the median divider should be expanded to accommodate stacked traffic. Drive-thru Design: Staff is supportive of the proposed drive-thru configuration, and finds that it 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. At a minimum, the site plan shall demonstrate compliance with the following standards: Cherry Crossing CUP-O6-010 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 . 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 fi-om 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 as submitted complies with the drive-thru standards set forth in UDC 11-4-3.11. b. Staff Recommendation: Staff recommends approval of CUP-06-010 for Cherry Crossing as presented in the staff report for the hearing date of April 20, 2006 based on the Findings of Fact as listed in Exhibit D and subj ect to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. Cherry Crossing CUP.06-010 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 11. EXHffiITS A. Drawings 1. CUP Site Plan (dated January 2005) 2. CUP Landscape Plan (dated March 17,2005) 3. Building Elevations (dated January 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Legal Description D. Required Findings from Zoning Ordinance Cherry Crossing CUP-06-010 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF APRIL 20, 2006 A. Drawings 1. CUP Site Plan (dated January 2005) 1'----""'- I "'--' -""'-"""""'-""'----.....,,--., "-.."'....'-......----..-..,....-"-,-......----....,, ""-""-'---------""""""---'--------'-"" r" " " i': ' "" i ¡rL"", !'.., ".1 i,'" . ~~~~, rIff' t J I JfH fl~1 ;~ 1 - ,~~-, . ~~; ,Q;; .M~ Vi::: u~ ,~, 3""'5"""" *~~~~~ ~ 'fol", ¡: 4:~'~7, §~~ !~ ~ g " [!" :/ :¡ . : 'i , , .. ' . , ! ' I ~"'1 f'YI" , , ,.Q. . ) .. .'."~¡':f '- .. ¡ j I j i: ~ ¡¡If I, I"~ :," <j I'"~ ¡ , '. " ' .,' .1":" ',,', i ., 'Î ;,1;: i I ij 1,," i' ,,' ..,., 1 ,( I; .. ) I' .. : ¡, !.... !.. . , I, I.;: í¡ . i' d,; ".', ; , "i' í i.. ¡)¡ i¿ ;; ¡ ¡ . /=~ ¡ Wi' . ~ J""'J" ===:C-~""'----";".... . , "',,. . .."..." ,-. -"---""-""'---'--. ..~-'.....-......-....- :::1 """'.~"!'t'l' ,1::""--I':':¡C:;"F',y" ,"r,,"--c~";;:'-',,-' "'~'.'Œ'\'I"v('(~:-'¡~ \':ci~FL ; ;;,--~I- ..,..... 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I, 1'¡¡'3i l'llb,tz !I:II'II;~ 'J hi I'" I¡itill, ~ ,'u L~,:":",, '0 ~¡"'; It' ,~',' ; ,,\~j' ~ ¡ ": "--..-----..- ' ,:"" 13? ;t¡ :.,,', I§, 1;3' ",' ", "'"" ,~:'I :¡" " G); "" \ ! , .. ¡- WWllllli,:', tl'¡!,¡¡¡m'f'¡Jf,i!i¡¡I'¡¡¡I!mmmWJîl'¡III! ~ 'fll!11 IIIIII ",¡II'IIIJlfl¡IIIIHI¡I'III¡t",. I " I" I !;. II", II (! I", ';11 i i Irml' !llillll!'li ¡¡mil¡iii,i¡lli:! I¡¡lil!! ! ; ! j II f i I¡IIII II 1[lf II/ii ¡III/IiIIlllll,lli; 111;1 r~ ¡" I,. I' 01 , I 111111!I' Ii 11 "I' 'IlL ¡J'¡II.lIIIII¡-¡li'/lJ¡I¡)lí¡:'¡¡¡i¡r¡¡I¡¡2 I! ¡' kjJ II f I ! II ¡ !." I' !, It! ¡ 1 1"'1 "£',, "I , '1", ., ,if ~;? :ifíi'II/I¡;--,¡" ~ ,~¡ ;1 1::1; . I!.""I: 6 c" . ',"'/ J~ CERriFICATE OF lONINO COMPliANCE SeT )'17-05 ' Exhibit A '" 'q", """, ;\",';':I",~",/, n""",,'" '::~"J~MI~ . ':;;"c~~~J:"- ' r. ~" ¡'!~"i;",Cj; ; :;j.. '~è ' I'" ! ,; , Ü! (rt'¡~II' : ".c'" . J¡.¡." .i'~! "\ Ct) "- / ,;, ~"l ~¡ " , ¡! ' ~ !' I; I. , ,I, ' I I ' -i~rl'l ì \,1.-:\ ,I .'~'- D " :¡ "":, t"ir,:~ Iii" . , _~,~)iA!~:;~"..,,: -- , ~iÐ'.:J¡,' ,: , ; , i I ' " k :;: i': N 1'I\iI~~ :0 ¡ I!d 18 h!I~¡¡ ,gl/,Ui "",.1., I~ JI1I1/I!;;:,;", {:t' , ':;j II!! ~ ,,' f" ,I ' m II !~¡ '.1 ,,:.: "'" i~ 1¡¡Ij,ì¡ ':r'~-;" -. ,; ,~¡,I'¡! ' ,".1,', .~ 'I~ ' " ' ¡;; ¡! ,., ':.\ 11 ,i !II' I 11 '~ -n i..) ,:¡:; i~ ~I (i ,', '¡ ~ '\11;,. if', ¡.:: i ' , fTI . t",... I '/ "', IÇ ",I,' z ' ..., : 41ti , ¡ 'I": .. '" ,',' " d ","'" '1; 'J ,'""'..,,.,,;....:,+ ~I,~P),~ i Imf{~¡"'" (;'\' ;;'1: !~,,~ ¡g¡~' 111'11111 ~ P , ¡,I ~ ' I ! ': ,~ .. r' ¡ j í ; ¡:;;'"" .. , "~ II! ~~I~~~"m , c, 'U ,.I , I r , >, A' ,,' Fe em .~~ 0 z "", " ,r': J~ - ---- ~ " 1,1 " IT ,II ! i """', I "', ",,"',0""""""'" ;;î a CHERRY CROSSING #2 MERIDIAN, IDAHO 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRil., 20, 2006 3. Building Elevations (dated January 2005) ~ .. i'-,' "0 t\) ~ CJ a @ ~~ \) r1lrl1 1: liJ'\ 111 "\ Ì\J \J ~ ~8Ìl-< 2:2: Or- . (t\ 7iJ P , \JJ 2: ~~ ~ 1:C:: lJ a() Ì\J j CJ C) l 2: rn ( -1 . ': ¡In! ..-...j . "I J .._-,..1. ~ 1 " f I ~I { . . .~ ;' .- ¡ ,",,".. ~ ¡ ..,~~. ~: if! ~ :' I .. f I ~ ê'.." 'i ':.~:.', ~ m:".'" ~; oj..,,1 -"..F' .¡ ~ I ¡. . i r ~f->- ~ ""~ ¡If ".,.~,;,: j ¡! IO"'H , pili¡' . i, ¡If II! !'¡:>:¡~P~!.~ ' ¡ n~I!¡¡!i ~ , \ II ~ f ¡i iiïilil;¡,i¡i¡¡il¡;;;¡¡¡i,i' I ¡"¡II"¡ "'I I, ¡!l.P 'j !'" I I 1: ' ¡ - ¡ § ":'-"""""""','1-"""""",,: .", 'I;C',: ,,; "'I,,"",,~TI'i: ;:' 'co, ,~"';',: ":,",;:; Exhibit A 4 Submit a landscape plan, reflecting the changes/notes mentioned above, with the Certificate of Zoning Compliance application. To ensure that all of the conditions of approval for CUP-06-010 are complied with, the applicant shall be required to obtain a Final Inspection for the Certificate of Zoning Compliance (CZC) permit, and occupancy, from the Planning Department prior to operation of the drive-thru. 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. No signs are approved with this CUP application. All business signs require a separate sign pennit in compliance with the sign ordinance. The applicant shall have a maximum of 18 months to commence the use as pennitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 1.6 1.7 1.8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan labeled as SD.01, prepared by GJZ Architecture, dated January 2005 is approved, with the conditions listed herein. 1.2 The Site and Landscape Plan labeled as L7.01, prepared by The Land Group, dated March 24, 2005 is approved with the following modifications/notes: . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. 1.5 2.1 All Public Works concerns have already been addressed in the civil plan review for the building plans on this lot. 3. FIRE DEPARTMENT 4. POLICE DEPARTMENT 1. The Police Department has concerns that the drive aisles are not separated enough to allow for adequate traffic movement. The design allows southbound traffic to cross in front of north bound traffic to access the drive aisle. The applicant should consider extending the median to better define the drive aisles. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT Exhibit B 1. It has been detennined that the Right-of-Way and Development Services Department does not have ay site specific requirements for you at this time due to the fact that street improvements exist. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 2. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building pennit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. Exhibit 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 C. Legal Description EXHJBIT "A" PARCEl A AS SHOWN ON RECORD ex: SURVEY NO. 67~2 RECORDED DECEMBER 30, 2004, AS INSTRUMENT NO. 104165054, AND BEING A PORTION Of LOT I, BlOCJ( 1, OF CHERRY CRŒSING SU80MS.ION NO.2, AS SfÐWN ON TIiE PLAT. RECORDED IN BOOK 90 OF F'l.ATS AT PAGES 10476 AND 10477 REOORDS OF ADA COUNTY, IDAHO. l.OCA1ED IN mE Sf 1/4 Of SECTION 2, towNsHIP 3 NORlH, RANGE 1 WEST. BOISE MERIDIAN, mY OF MERIDIAN. ADA OOUNTY. IDAHO AND MORE PARTIQJlARl Y DESOUBED AS FOLlOWS: BEGNaNG AT A 5/8"1Nm REBAR MARKING mE SW OORNER OF LOT I, BlCXX 1 OF mERRY CROSSING SlJ6DN5ION NO, 2;. ' mENCE AlONG 1HE WEST lINE OF SAID LOr 1; r«JOO26'lq. E A DlSlilNŒ OF 547.29 FEET TO A 5/8lNOf REBAR MARKING THE NW aJRNER OF SAID LOT 1; 1HENŒ lfAVING SAID WEST UN£: AND AlONG THE NORm UNE OF SAlD LOT 1, AlSO BEING TIiE SOUTH RIGHT-{)f-WAY lINE Of W. EMERAlD FAUS DRIVE, 589033'46. E A DISTANCE OF 71.52 FEET TO A 5/8 JNQj REBAR; TIiENCE AlONG A CURVE TO mE RIGHT, HAVING A RADIUS OF 20.00 FEET, AN ARC lENGTIi OF B.77 FEET, A CENTRAl ANGlf 2sO()7'27", AM> A OiORO BEARING OF sJ7000'D3" E A DISTANCE OF B.70 FEET TO A 5/8 lNOi RE6AR; THENCE AlONG A QJRVE TO TIiE LEA'. HAVING A.RADIUS OF SO.OO FEET, AN ARC LENGTH OF' 43.85 FEET, A CENTRAl ANG.E OF 5()<>1<J'5S", AND A CHORD BEARING OF 589033"I6"E A DJ5TAHCE OF 42.46 FEET TO A 5/8 INOi REBAR; THENcE AlONG A CURVE TO mE RIGHT, HAVING A RADIUS OF 20.00 FEET, AN ARC LENGTH OF 8.71 FfET, A ŒNTRAl ANGlf 25007'28", AND A ClÐl!.D BEARING Of N7JO52'30" E A DISrANCE OF 8.70 FEET TO A 5/8 INQ-I REBAR; 1HENŒ 589D33"I6"EA DISTANCE OF 92.13 ÆETTO A 1/2 INQi REBAR; rHENCE lfAVING SAID NORTH UNE SOOOOO'OO. W A DISTANCE OF 335,64 ÆET TO A 1{2 INCH REß'\R; THENCE 5 89<'S7'51W A DISrANCE,Of 154.,90 FEET TOA 5/8 INQ-I REBAR; 1HENCE ~0'00"E A DISTANCE OF 149.66 ÆET TO A 5/8 INO! REBAR; THENCE 521"50'45" E, A DISTANCE OF 48.n ÆET TO A 5/81NQi REBAR 1HENCE s00006'29"W A DISTANCE OF 15.65 ÆET TO A 5/8 INCH REBAR ON THE NORTH RJGHr. Of-WAY UHf OF W. CHERRY lANE; THENCE AlDNG SAID RIGHT.OF-WAY UNE N89OJ3'46"W A DISTANCE OF 90.17 FEET TO THE POINT OF BEGINNING. , Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 D. Required Findings from Zoning Ordinance 1. Conditional Use Pennit Findings: CUP Findings: The Commission shall base its determination on the Conditional Use Permit reqnest upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed building and uses on this site can accommodate and meet all dimensional and development regulations of this district. The Commission fmds that the subj ect property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. The Commission relies on Staff's analysis, and any oral or written public testimony provided when detennining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission fmds that the designated Comprehensive Designation for this property is Commercial. The proposed use is generally harmonious with the requirements of the UDC (see Sections 8 and 10, above for more information regarding the requirements for this use.) 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of an business and retail building should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed uses will not adversely affect other property in the area. The Commission relies upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds 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 Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 and ACHD. Based on comments from other agencies and departments, the Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. 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. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission recognizes that traffic and noise will increase with the approval of office and retail uses 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. The Commission finds that the proposed uses will not be detrimental to people, property or the general welfare of the area. 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. The Commission finds that there should not be any health, safety or environmental problems associated with this subdivision 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 D CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER i'" oU;;;;;¡/ln . ;; \ II "'.\HO I' V )r <~"f,!.~t!..!,,"I'~' t.. ",-,,"/I> .y ..~!>" ,. / í';;! In the Matter of a Conditional Use Permit Request for a Drive.Through Within 300 feet of a Residential District in the C-N Zone, by Robnett Construction. Case No(s). CUP-06-010 For the Planning & Zoning Commission Hearing Date of: April 20, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 20, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 20, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 20,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 20, 2006 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 § II-SA. 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.06-010 - PAGE 1 of4 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 Commission Chair and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any aff'1cted party requesting notice. 7. That this approval is subject to the Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 20, 2006 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 § II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 2005 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 20, 2006 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use pennit, 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 pennitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building pennits and commence construction of pennanent footings or structures on or in the ground. For conditional use pennits 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. Ifthe successive phases are not submitted within the 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 tennination 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) eighteen (18) month period. Additional time extensions up to eighteen (18) months as detennined and approved by the Commission may be granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-010 - PAGE 2 of4 require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use pennit 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 pennit 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. Attached: Staff Report for the hearing date of April 20, 2006 F. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-010 - PAGE 3 of4 By action of the Planning & Zoning Commission at its regular meeting held on the day of , 2006. COMMISSIONER MICHAEL ROHM (Chair) VOTED COMMISSIONER DAVID MOE VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER KEITH BORUP VOTED COMMISSIONER DAVID ZAREMBA VOTED CHAIRMAN MICHAEL ROHM Attest: Tara Green, Deputy City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: City Clerk Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-0 1 0 - PAGE 4 of 4