HomeMy WebLinkAboutSonic Drive-In Restaurant CUP-02-018
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR SONIC DRIVE-
IN RESTAURANT IN A C-G ZONE,
LOCATED AT 2150 EAST
FAIRVIEW AVENUE, MERIDIAN,
IDAHO
BOISE FOOD SERVICE, INC.,
APPLICANT
C/C 09110/02
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CASE NO. CUP-02-018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on September 10,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department,
Skip Hofferber, and David Wolfe, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and the Council
having heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision
and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
(2) consecutive weeks prior to the said public hearing scheduled for September 10, 2002, before
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the September 10,2002, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in a C-G zone and by reason of the
provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 2150 East Fairview Avenue, Meridian, Idaho 83642.
5. The owner of record of the subject property is James A. Kissler of 1125 West
Amity, Boise, Idaho 83705.
6. Applicant is Boise Food Service, Inc. of PO Box 8986, Boise, Idaho 83707.
7. The subject property is currently zoned C-G. The zoning district of C-G is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for building a 1,406
square foot Sonic Drive-In restaurant with a drive-thru. The C-G zoning designation within the
City of Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns of David M. Wolfe, David A. Mattson,
and Doreen Mattson in their letters dated July 22, 2002.
12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of
the City of Meridian, subject to the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
Adopt the Planning and Zoning Commission requirements that:
1. The hours of operation of said business shall not extend past 11 p.m.
2. Applicant shall place three (3) evergreen trees in the northeast corner of the lot on which
the business shall be situated prior to initiation of operation by said business. The trees
that are going to be placed on the comer of the lot, the three evergreen trees, shall be a
minimum of not less than ten feet (10') in height.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Landscaping shall comply with the landscape ordinance. Three copies of a detailed site
plan with landscaping plans shall be required prior to the issuance of a Certificate of
Zoning Compliance.
2. All parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with
the submitted site plan and Ordinance 11-13-4.F.
3. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or right-of-way. All parking lot lighting shall be ill accordance with
Ordinance II-13-4C.
4. All signage shall be in accordance with the standards set fOlih in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subject to design review and
shall require separate permits. Temporary or pOliable sign age shall be prohibited, and
shall be removed upon 3 days notice to the applicant.
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. As part of a conditional use permit, the City of Meridian may impose additional
restricti ons/ condi ti ons.
7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessmy
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight-
obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C.
Coordinate location and construction requirements with Sanitary Services, Inc.
9. Certificate of Occupancy: All required improvements shall be complete prior to obtaining
a Ce11ificate 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 shall accompany any request for
tempormy occupancy. Any temporary occupancy shall not exceed 60 days to complete
the required improvements.
10. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the
start of construction.
11. Provide a 5' wide pedestrian walkway along the east side of the building in accordance
with City Ordinance Section 11-9-606B. Four (4) copies of a revised site plan shall be
submitted with the Certificate of Zoning Compliance application.
Additionally, per Council's action from their September 10, 2002 meeting the following
shall be complied with:
12. The sound from the Sonic Drive-In shall not exceed a 55 decibel level at the northern
property boundary, and/or the sound decibel shall be consistent with the standards in the
City of Boise's noise ordinance.
Adopt the recommendations of the Central District Health Department as follows:
I. Central District Health Department shall require plans be submitted for a plan review for
any food establishment.
Adopt the recommendations of the Nampa and Meridian Irrigation District as follows:
1. The Nampa and Meridian Irrigation District requires that a Land Use Change/Site
Development application shall be filed for review prior to final platting.
2. All laterals and waste ways shall be protected. All municipal surface drainage shall be
retained on site. If any surface drainage leaves the site, the Nampa and Meridian
Irrigation District shall review drainage plans. The developer shall comply with Idaho
Code 931-3805. It is recommended that irrigation water be made available to all
developments within the Nampa and Meridian Irrigation District.
3. It the development is planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, contact the District concerning the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
installation of the pressure system. Additionally, a questionnaire shall be filled out and
returned in order to initiate the process of contractual agreements between the owner or
developer and the District for the ownership, operation and maintenance of the pressure
urban irrigation system.
Adopt the recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute be available for duration of2 hours to
service the entire project. Fire hydrants shall be placed an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall be 28' inside and 48' outside radius for the internal road system.
5. Provide a 20' fire lane around the building.
Adopt the comments of the Water Department as follows:
1. Locate Key Note 25 on the print. The water service location can be determined on the
civil preliminary plat.
14. It is found that the subject property is large enough to accommodate the requested
drive-through use and the required landscaping, parking, and other required site improvements.
15. It is found that the current Comprehensive Plan Land Use Map designates the
property as "Mixed/Planned Use Development". It is also found that the development plan
would be in harmony with the Meridian Zoning Ordinance and the Comprehensive Plan.
16. It is found that the proposed drive-through use wi n not change the essential
character of the general vicinity, and that the use complies with the intended character of the
general vicinity.
17. It is not anticipated that the proposed use will adversely affect the other property
in the immediate vicinity.
18. It is found that the proposed development will be adequately served by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
essential public facilities and services sllch as highways, street, police, and fire protection,
drainage structures, refuse disposal, water, sewer or that the person responsible for the
establishment of proposed conditional use shall be able to provide adequately any such services.
19. It is found that the proposed use would not be detrimental to the economic
welfare of the community, nor would it create the need for any new facilities or services to be
paid for by the public.
20. It is found that no excessive smoke, fumes, glare or odors will result from the
proposed use. It is not anticipated that noise from the speaker/menu board will be detrimental to
adjacent properties.
21. It is found that the proposed use will not create significant interference with
traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto
existing streets.
22. 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.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter refelTed to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the" Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTrNG CONDITIONAL USE PERMIT - 7
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development (Meridian City Code 911-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
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;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect 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, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the COi11l11unity;
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;
h. That the proposed lIse will have vehicular approaches to the prope11y which shall
be so designed as not to create interference with traffic on surrounding public streets; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
i. 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.
5. Prior to granting a conditional use permit in the General Retail and Service
Commercial District (C-G), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all in
accordance with the provisions of Meridian City Code g 11-17-5 City of Meridian Zoning and
Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan,
City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code
9 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 9
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for building a
1,406 square foot Sonic Drive-In restaurant with a drive-thru in a C-G zone located at 2150 East
Fairview, Meridian, Idaho, subject to the following conditions of use and development, subject to
the following:
Adopt the Planning and Zoning Commission requirements that:
I. The hours of operation of said business shall not extend past 11 p.m.
2. Applicant shall place three (3) evergreen trees in the northeast corner of the lot on which
the business shall be situated prior to initiation of operation by said business. The trees
that are going to be placed on the corner of the lot, the three evergreen trees, shall be a
minimum of not less than ten feet (10') in height.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Landscaping shall comply with the landscape ordinance. Three copies of a detailed site
plan with landscaping plans shall be required prior to the issuance of a Certificate of
Zoning Compliance.
2. All parking and areas of circulation shall be improved with a bard surface in accordance
with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with
the submitted site plan and Ordinance 11-13-4.F.
3. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or right-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or pOliable signage shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
5. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
6. As part ofa conditional use permit, the City of Meridian may impose additional
restri ctions/ cond i ti ons.
7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal shall be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-
site disposal into surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to development plan
approval. The applicant is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection Wells.
8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight-
obscuring fence at least four feet in height in accordance with Ordinance 11':-12-1 C.
Coordinate location and construction requirements with Sanitary Services, Inc.
9. Certificate of Occupancy: All required improvements shall 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 shall accompany any request for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the
required improvements.
10. A Celiificate of Zoning Compliance and a Building Permit shall be obtained prior to the
start of construction.
11. Provide a 5' wide pedestrian walkway along the east side of the building in accordance
with City Ordinance Section 11-9-606B. Four (4) copies of a revised site plan shall be
submitted with the Certificate of Zoning Compliance application.
Additionally, per Council's action from their September 10, 2002 meeting the following
shall be complied with:
12. The sound from the Sonic Drive-In shall not exceed a 55 decibel level at the nOlihern
property boundary, and/or the sound decibel shall be consistent with the standards in the
City of Boise's noise ordinance.
Adopt the recommendations of the Central District Health Department as follows:
1. Central District Health Depmiment shall require plans be submitted for a plan review for
any food establishment.
Adopt the recommendations of the Nampa and Meridian Irrigation District as follows:
1. The Nampa and Meridian Irrigation District requires that a Land Use Change/Site
Development application shall be filed for review prior to final platting.
2. All laterals and waste ways shall be protected. All municipal surface drainage shall be
retained on site. If any surface drainage leaves the site, the Nampa and Meridian Irrigation
District shall review drainage plans. The developer shall comply with Idaho Code 931-
3805. It is recommended that irrigation water be made available to all developments
within the Nampa and Meridian Irrigation District.
3. It the development is planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, contact the District concerning the
installation ofthe pressure system. Additionally, a questionnaire shall be filled out and
returned in order to initiate the process of contractual agreements between the owner or
developer and the District for the ownership, operation and maintenance of the pressure
urban irrigation system.
Adopt the I'ecommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute be available for duration of2 hours to service
the entire project. Fire hydrants shall be placed an average of 400' apart.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. All radii shall be 28' inside and 48' outside radius for the internal road system.
5. Provide a 20' fire lane around the building.
Adopt the comments of the Water Department as follows:
I. Locate Key Note 25 on the print.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
911-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit 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 and Zoning Department, the Public
Works Department and any affected patty requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code 9 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 LIse 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
By action of the City Council at its regular meeting held on the
Jep -Ie t'W~2002.
,
iJ:>
24 ~day of
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED~
VOTED~
COUNCIL WOMAN TAMMY de WEERD
COUNCIL WOMAN CHERIE Mc CANDLESS
VOTED$'-'
VOTED1t/-
COUNCILMAN WILLIAM L.M. NARY
-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 1-Z-4-o 2-
VOTED
MOTION: ~
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By ~--:41J~ c;l
City Clerk' f/
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR SONIC DRIVE-
IN RESTAURANT IN A C-G ZONE,
LOCATED AT 2150 EAST
F AIRVIEW A VENUE, MERIDIAN,
IDAHO
BOISE FOOD SERVICE, INC.
APPLICANT
C/C 09/10/02
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Case No. CUP-02-018
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This ll1atter con1ing before the City Council on the Septenlber 10, 2002, under
the provisions of Meridian City Code S 11-1.7-4 for final action on conditional use perInit
application and the Council having received and approving the ReCOTI101endation of the Planning
and Zoning COnll11ission the Council takes the following action:
2. That the above nan1ed applicant is granted a conditional use pern1it for bllilding a
1,406 square foot Sonic Drive-In restaurant with a drive-thru in a C-G zone located at 2150 East
Fairview Avenue, Meridian, Idaho, subj ect to the following COl1ditions of use and developll1ent:
ORDER CONDITIONAL USE PERMIT
(CUP-02-018)
- 1.
Adopt the Planning and Zoning Commission requirements that:
1 ~ The hours of operation of said business shall not extend past 11 p~ln~
2~ Applicant shall place three (3) evergreen trees in the northeast COIner of tIle lot on which
tIle business shall be situated prior to initiation of operation by said business. The trees
that are going to be placed on the corner of tIle lot, the three evergreen trees, shall be a
lnininlurn of not less than ten feet (10') in height.
Adopt the Recommendations of the Planning and ZOJling and Engineering staff as follows:
1 ~ Landscapil1g shall comply with the lal1dscape ordinance. Three copies of a detailed site
plan with landscaping plans shall be reqllired prior to the issllance of a Certificate of
Zoning Con1pliance~
2~ All parking al1d areas of circulation shall be improved with a hard surface in accordance
with Meridi.an City Code 11-13-4~D, and shall be installed and striped in accordance with
the subtnitted site plan and Ordinance 11-13-4~F.
3~ All exterior lighting~ whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or right-of-way. All parking lot lightillg shall be in accordance with
Ordinance 11-l3-4C.
4. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Developnlent Ordinance. All signage is sllbject to design review and
shall require separate pernlits~ TenlporalY or portable signage shall be prohibited, and
shall be renloved llpon 3 days notice to the applicant.
5. All construction and site inlprovel11ents shall confornl to the requireln.ents of the
Americans with Disabilities Act
6~ As part of a conditional use pern1it, the City of Meridian 111ay impose additional
restri ct i 0 11sl co nd i ti 0 115.
7. A drainage plan designed by a State of Idaho licensed arcllitect or engilleer is required
and shall be subnlitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parl<ing
areas~ Stornl \-vater treatIl1ent and disposal shall be designed in accordance w.ith
Departll1ent of Environnlental Quality 1997 pllblication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into sllrface water is prohibited llnless tIle jurisdiction which
has authority over tIle receiving strealTI provides written allthorization prior to
development plan approval. The applicant is responsible for filing all necessary
ORDER CONDITIONAL USE PERlVIIT
(CUP-02-018)
-2
applications with the Idaho Departnlent of Water Resources regarding Shallow Injection
Wells~
8~ Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight-
obscuring fence at least four feet in height in accordance with Ordinallce 11-12-1 C~
Coordinate location and construction requiren1ents with Sanitary Services, Inc~
9. Certi:ficate of Occupancy: All reqllired inlprovenlents shall be COl11plete prior to obtaining
a Certificate of Occupancy for the proposed developnlent A ten1porary Certificate of
Occupancy 111ay be obtained by providing surety to the City in the forn1 of a letter of
credit or cash in the anlount of 110% of the cost of the reqllired in1provenlents (including
paving, striping, landscaping, and irrigation). A bid shall aCC0l11pany any request for
tenlporary occupancy. Any tenlporary occupancy shall not exceed 60 days to cOlnplete
the required ilnproven1ents.
10. A Certificate of Zoning COll1pliance and a Building .Perlnit shall be obtained prior to the
start of construction.
11. Provide a 5' wide pedestrian walkway along the east side of the building in accordance
with City Ordinance Section 11-9-606B~ FOllf (4) copies ofa revised site plan shall be
subnlitted with the Certificate of Zoning Conlpliance applicatiol1.
Additionally, per Council's action frolD their September 10, 2002 meeting the follo,ving
shall be complied \vith:
12. The sound frolll the Sonic Drive-In. shall not exceed a 55 decibel level at the northern
property boundary, and/or the sound decibel shall be consistent with the standards in the
City of Boise's noise ordinance~
Adopt the recolumendations of the Central District .Health Department as follo\vs:
1. A Central :Oistrict Health Departnlent sllall require plans be subnlitted for a plan review for
any food establishnlent
Adopt the recommendations of the Nampa and Meridian Irrigation District as follows:
1. The Nalnpa and Meridian Irrigat.ion District requires that a Land U.se Change/Site
Developlnent application shall be filed for review prior to fi.nal platting~
2. All laterals and waste ways shall be protected~ All 111unicipal surface drainage shall be
retained on site. If any surface drainage leaves the site, the Nampa and Meridian
Irrigation District shall review drainage plans. The developer shall cOlnply with Idaho
ORDER CONDITIONAL USE PERMIT
(CUP-02-018)
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/
~
Code 93 1-3805. It is recolnnlended that irrigation water be Inade available to all
developnlents within the Nan1pa and Meridian Irrigation District.
36 It the developn1ent is planning a pressure urban irrigation systenl that will be owned,
operated and nlaintained by the Irrigation District, contact the District concerning the
installation of the pressure systenl~ Additionally, a questionnaire shall be filled out and
returned in order to initiate the process of contractual agreelnents between the owner or
developer and the District for the o\vnership, operation and nlaintenance of the pressure
urban irrigation systenl.
Adopt tIle recommendations of the Meridian Fire Department as follows:
1. That a fire-fl.ow of 1,000 gallons per nlinute be available for duration of 2 hours to
service the entire project Fire hydrants shall be .placed an average of 400' apart
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Departnl en t.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Departnlent.
4. All radii shall be 28' inside al1d 48' outside radius for the internal road systeln.
5. Provide a 20' fire lane around the bllilding.
Adopt the comments of the Water Departlnent as follo\vs:
1 ~ .Locate Key Nate 25 on tIle print. The water service location can be deternlined on the
civil prelinlinary plat
3. The above conditions are concluded to be reasonable al1d tIle applicant shall 111eet
such requiren1ents as a condition of approval of the application for a conditional use pertuit.
4. Notice to Pern1it Holder, this conditional use pertuit is 110t transferable without
con1plying with the provisions of Meridiall City Code S 11-17-8, a copy of which is attached to
this pertuit
ORDER CONDITIONAL USE PERMIT
(CUP-02-018)
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By action of the City Council at its regular nleeting held on the
24-7b:
day of
~~..~
, 2002.
Copy served upon Applicant, the Planning and Zoning Departn1ent, Public Works Departnlent
and City Attorney.
BY~~R~9-
City Clerk
Dated:
q.--26-tlL
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ORDER CONDITIONAL USE PERMIT
(CUP-02-018)
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