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HomeMy WebLinkAboutSonic Drive In 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 CoG ZONE, LOCATED AT 2150 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BOISE FOOD SERVICE, INC., APPLICANT CIC 09/10/02 ) ) ) ) ) ) ) ) ) ) ) ) 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] 0,2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe 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 g67-6509, 6512, and Meridian City Code gg 11-15-5 and 11-]7-5 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 CoG zone and by reason of the provisions of the Meridian City Code 9 ]] -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 I ]25 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 ofC-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]] -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 CoG 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 of the 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 irnposed 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: 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. 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 ll-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 portable 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 of a conditional use permit, the City of Meridian may impose additional restrictions! conditions. 7. A drainage plan designed by a State of Idaho 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. 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 11-12-1 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 temporary 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, andlor 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 Department shall require plans be submitted for a plan review for any food establishment. Adopt the recommendations of the N ampa and Meridian Irrigation District as follows: 1. The Nampa and Meridian Irrigation District requires that a Land Use ChangelSite 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 g31-3805. 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 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 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 ofthe 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 will 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 such 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 forby 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 speakerlmenu 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 referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. g67-6503). 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 GRANTING 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 andlor 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 9 11-17-3) 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, ifit 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 community; 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 use will have vehicular approaches to the property 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 S 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 ofthe 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: I. 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 CoG 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 II p.m. 2. Applicant shall place three (3) evergreen trees in the northeast comer 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. 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: I. 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 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 portable 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 ofthe Americans with Disabilities Act. 6. As part of a conditional use permit, the City of Meridian may impose additional restrictionsl conditions. 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 ofthe 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 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 ofa 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 ofthe Central District Health Department as follows: 1. 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 N ampa 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 g31- 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 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: I. 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 ofthe 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 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 party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body oftbe 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 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. 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 J.e;;~nv~2002. 241P-- day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Mc CANDLESS VOTED~~ VOTED-2-~ COUNCILMAN WILLIAM L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1~?~4-e? '2-- VOTED MOTION: ~ ~ APPROVED: ~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:_Jl~A~ () City Clerk ' . Dated: " .::: Z:\Work\M\Meridian\Meridian 15360M\Sonic Drive In CUP02-018\FfClsCUP02.018.doc 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 CoG ZONE, LOCATED AT 2150 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BOISE FOOD SERVICE, INC. APPLICANT CIC 09/10/02 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-018 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the September 10, 2002, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. 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 CoG zone located at 2150 East Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: 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.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. 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 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 portable 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 of a conditional use permit, the City of Meridian may impose additional restrictionsl conditions. 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 ORDER CONDITIONAL USE PERMIT (CUP-02-018) -2 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 ll-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 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 temporary 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 ofthe building in accordance with City Ordinance Section 11-9-606B. Four (4) copies ofa 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: 1. Central District Health Department shall require plans be submitted for a plan review for any food establishment. Adopt the recommendations ofthe 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 ORDER CONDITIONAL USE PERMIT (CUP-02-018) -3 Code g31-3805. 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 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 hydrantlocations 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 ofthe Water Department as follows: 1. Locate Key Note 25 on the print. The water service location can be determined on the civil preliminary plat. 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. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-018) -4 ~~~ 24i1? dayof By action of the City Council at its regular meeting held on the ,2002. . Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJ~R~9- City Clerk Dated: q~2b-tJL \,\\\\\1111111111/1 ,\,\\~~ of M~~I~I'J/~~ " ~, ::"'~4...:"o... ..:::...' c} ~P0R..4 ~ VII' ~~ .2 ~cP ~o ~ :; ~ ~ - ::: - SEAL -"P. 0' g :0...&0(, "C!i.of ~'O '8r 15\ . ~ '" '/ ':..tf/ ~ ~ "" CO, -" ~ "" /111 (}<"i ~ 1.' \\" III; , '\\\\ '{lifd'iiH" Z:\Work\M\Meridian\Meridian I 5360MlSonic Drive In CUP02.018\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-018) - 5