HomeMy WebLinkAboutBlack Rock Coffee CUP H-2024-0011 Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ",A H O
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a new approximate 1,460 square foot
coffee shop including a drive-through,parking, and pedestrian access,located within 300-feet of an
existing drive-through facility,residential district, and existing residence,Located at 776 N. Cliff
Creek Lane in the C-C Zoning District,by CSHQA.
Case No(s).H-2024-0011
For the Planning& Zoning Commission Hearing Date of: June 20,2024 (Findings on July 18,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 20, 2024, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 20,2024, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 20,2024,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 20,2024,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(I.C. §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 April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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 Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#H-2024-0011]
Page 1 ■
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 20,2024,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 § I I-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of June 20,2024,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#H-2024-0011]
Page 2 F41
G. Attached: Staff Report for the hearing date of 2024
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#H-2024-0011]
Page 3 F42
By action of the Planning&Zoning Commission at its regular meeting held on the 18th day of
July ,2024.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER BRIAN GARRETT VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MATTHEW SANDOVAL VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Andrew Seal, Chairman 7-18-2024
Attest:
Chris Johnson, City Clerk 7-18-2024
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
7-18-2024
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#H-2024-0011]
Page 4 F43]
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING June 20,2024 Legend
DATE:
Project Location -
TO: Planning&Zoning Commission
FROM: Stacy Hersh,Associate Planner
208-884-5533
SUBJECT: Black Rock Coffee-CUP -
H-2024-0011 =
wLOCATION: 776 N. Cliff Creek Lane(Parcel
#R5711030040)
_-,J
I. PROJECT DESCRIPTION
Conditional Use Permit request for a new 1,460-square foot coffee shop including a drive-through,parking,
and pedestrian access located within 300 feet of an existing drive-through facility,residential district, and
existing residence, on approximately 0.543 acres of land in the C-C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage — 0.543 acres(Conditional Use Permit)
Future Land Use Designation Mixed Use Community
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Black Rock Coffee(restaurant with a drive-through)
Current Zoning C-C
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 3/21/2024
attendees:
Description Details Page
History(previous approvals) H-2020-0099 AZ,DR,PP,PS, CUP(DA#2021-046525);
FP-2021-0013
Page 1
44
B. Community Metrics
Description Details
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Traffic Impact Study No
es/no
Access Access is proposed from N.Cliff Creek Lane(private street)via W.Pine Avenue
(Arterial/Collectors/State at the North boundary of the site.
Hwy/Local)(Existing
and Proposed)
C. Project Area Maps
Future Land Use Map Aerial Map
Legend RRY
� 0 Legend
a Project Location OttIC-e r Project Location
F
esiaen` LWua
CIVIC �
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--
Deensity
`Resid'ential Commercial High Densityf_
Residential-
MU-Qm
Page 2
45
Zoning Map Planned Development Map
Legend Legend
C-N L-O0 Project Location R:4 � F Project Location F
R8 City Limits
o ® —Planned Parcels o
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III. APPLICANT INFORMATION
A. Applicant:
Peggy Schinder, CSHQA P2696 S. Colorado Blvd., Suite 525, Denver, CO 80222
B. Owner:
Tony Pallotta, Black Rock Coffee—9170 E. Bahia Drive, Suite 101, Scottsdale,AZ 85260
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 6/4/2024
Radius notification mailed to
properties within 500 feet 5/30/2024
Public hearing notice sign posted
5/24/2024
on site
Nextdoor posting 5/30/2024
V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAI�:
Land Use:
This property is designated Mixed Use Community(MU-C) on the Future Land Use Map (FLUM).
The purpose of this designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including
residential,and to avoid mainly single-use and strip commercial-type buildings. Non-residential
buildings in these areas tend to be larger than Mixed Use Neighborhood(MU-N)areas,but not as large
Page 3
46
as in Mixed Use Regional(MU-R) areas. Goods and services in these areas tend to be of the variety that
people will mainly travel by car to,but also walk or bike to (up to three or four miles). Employment
opportunities for those living in and around the neighborhood are encouraged.
The subject site is among several commercially zoned properties surrounding the intersection of Ten
Mile and Pine Avenue. Numerous commercial establishments currently exist near the intersection, with
additional ones under construction directly to the south. The proposed use of a restaurant with a drive-
through aligns with the desired uses specified within the Mixed Use Community designation in the
Comprehensive Plan, as noted above. In conjunction with the already approved multi family
development directly to the west and the currently approved and under-construction commercial, the
proposed use satisfies the general Mixed-Use Community future land use designation for this area. Staff
finds the proposed project is generally consistent with the Comprehensive Plan.
COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /g compplan):
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and along
streets."(2.01.04B)
All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C.
• "Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City."(3.01.0117)
City water and sewer service stubs have been provided to this site with the development of the
subdivision.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."(3.05.01J)
The proposed drive-through restaurant will contribute to the variety of uses and restaurant options
within this Area of the City.
• "Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments."(3.07.02A).
A proposed 10 foot-wide pathway will be constructed from the building entrance, extending
through the drive-through connecting to the property to the south. Additionally, there is an
existing 10 foot-wide pedestrian pathway along N. Ten Mile Road, located on the west side of this
site, connects the commercial and multi family developments.
• "Minimize noise, lighting,and odor disturbances from commercial developments to residential
dwellings by enforcing city code."(5.01.01F)
Operation of the proposed use should comply with City ordinances pertaining to noise, lighting,
and odor disturbances.
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT(CUP)
Conditional use permit for a new 1,460-square foot coffee shop including a drive-through,parking, and
pedestrian access located on approximately 0.543 acres of land in the C-C zoning district to allow the
requested drive-through use within 300 feet of another drive-through facility,residential district, and
existing residence.
Page 4
47
Specific Use Standards(UDC 11-4-3):
The proposed use is subject to the following standards: (Staffs analysis/comments in italic text)
Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use
standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive-
through service are required to identify the stacking lane,menu, and speaker location(if applicable), and
window location on the site plan. The site plan is also required to demonstrate safe pedestrian and
vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is
required to demonstrate compliance with the following standards:Staff recommends signage be
installed ahead of the southern crossing warning drivers to watch out for pedestrians.
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles, and the
public right-of-way by patrons;
The proposed restaurant features a drive-through lane with space to queue 9 vehicles along with an
escape lane located on the west side of the site, outside of the drive-through lane. The drive-through
itself starts at the south side of the building and exits at the north side,facing W. Pine Avenue. The
concept plan also shows that the stacking lane is separate from the drive aisles and parking, which
allows for easy access to the rest of the development.
Staff recommends that the Applicant install additional signage and parking lot striping to clearly
mark and guide traffic safely throughout the site.
2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking,
except stacking lanes may provide access to designated employee parking.
The stacking lanes are separate lanes from the circulation lanes needed for access and parking.
3)The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence;
The stacking lane is not located within 10'of any residential district or residence.
4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and
The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed on
the southeast side of the building(see site plan).
5)The site should be designed so that the drive-through is visible from a public street for surveillance
purposes.
The drive-through is located starting on the south side of the building and ending on the north side of the
building. The drive-through is visible from N. Ten Mile Road along the east side of the building for
surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific
use standards as required.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49
Restaurant,which requires at a minimum,one (1)parking space to be provided for every 250 square feet of
gross floor area(see parking analysis below). The Applicant did not provide information on how many
proposed indoor seats and patio seats will be provided to accommodate customers.
Page 5
48
Dimensional Standards (UDC 11-2):
Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC
Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the
required standards.
Access(UDC 11-3A-3):
The site plan includes one access point from N. Cliff Creek Lane,a private street located on the western side
of the property. Vehicles will enter the site from the west,where they will have the option to park in the lot
in front of the building or proceed eastwards towards the 12' drive-through lane and the pick-up window,
exiting back to the same drive aisle to the north. A second access is provided from a shared access with the
property to the south. An escape lane is also provided on the east side of the site,merging into the exit drive
aisle to the north. Direct access via N. Ten Mile Road is prohibited. The Applicant should provide a copy
of the recorded cross-accessfingress-egress easement with adjoining properties to the south[parcel
#R57110300601 to the Planning Division with the future CZC and Design Review Application in
accordance with the provisions of UDC 11-3A-3A2.
Parking(UDC 11-3C):
A minimum of one(1) off-street parking space is required per 250 square feet(s.£) of gross floor area. Based
on the 1,460-square-foot restaurant, a minimum of 6 parking spaces are required.A total of 13 parking
spaces are proposed, exceeding UDC standards.
A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof
per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards
listed in UDC 11-3C-5C.Bicycle parking is depicted on the plans submitted with this application that meet
the requirements. A detail of the bicycle racks shall beprovided on theplans submitted with the future
Certificate of Zoning Compliance and Design Review Application.
Pedestrian Walkways(UDC 11-3A-19):
The proposed plan includes a pedestrian walkway from the main walkway in front of the building connecting
to the building residing to the south across the drive-through lanes. Where pedestrian walkways cross
vehicular driving surfaces,they're required to be distinguished from the vehicular driving surface through
the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4. The site/landscape
plan submitted both reflect compliance with this standard—stamped concrete is proposed.
Landscaping(UDC 11-3B1:
Street buffer: The street buffer along N. Ten Mile Road and W. Pine Avenue was constructed with the
improvements for the Mile High Pines development for the common area site improvements. Staff
recommends that the Applicant protect the existing landscape buffers and trees per UDC 11-3B-10. The
landscape planter adjacent to the buffer along the northwest side of the drive aisle entrance%xit should
incorporate shrubs and rock mulch (reference figure below). Staff recommends that the Applicant
submit a revised landscape plan with the future CZC application.
Page 6
49
....P.. C
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Parking lot: Interior parking lot landscaping shall be required on any parking lot with more than twelve
(12) spaces. Landscape planters shall contain a minimum of fifty(50) square feet, and the planting area
shall not be less than five (5) feet in any dimension,measured inside curbs. The only exception to the five-
foot minimum dimension is at the tip of triangular planters located at the end of rows of angled parking.
Each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1)
tree and shall be covered with low shrubs, lawn, or other vegetative ground cover. Each interior planter
that serves a double row of parking spaces shall have at least two (2)trees and shall be covered with low
shrubs, lawn, or other vegetative ground cover. Trees shall be centered within the planters and provide
urban canopy. Deciduous urban canopy trees shall be pruned to a minimum height of eight(8) feet above
the adjacent parking areas. Evergreen trees and class III trees are prohibited in interior planters. The
planter islands appear sparse. The required landscape areas shall be at least seventy(70)percent
covered with vegetation at maturity, with mulch used under and around the plants in accordance with
UDC 11-3B-5.
Outdoor Lighting(UDC 11-3A-11):
All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that
have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;
the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C.
Staff recommends that the Applicantprovide details of the lighting that demonstrate compliance with the
standards listed in UDC 11-3A-11 with the future CZC application submittal.
Mechanical Equipment(UDC 11-3A-12):
All mechanical equipment on the back of the building and outdoor service and equipment should be
incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of
these functions are fully contained and out of view from adjacent properties and public streets as set forth in
UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount,all equipment should be screened
and out of view as noted above.
Page 7
■
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structure as shown in Section VII.C.
Building materials consist of western rib metal panels,western wave metal wall panels,woodstone Hardie
lap siding,parapet metal wall cap flashing, and glazing.
The proposed conceptual elevations are not approved. Final design is required to comply with the
Architectural Standards Manual for Commercial Design Guidelines.
Certificate of Zoning Compliance(UDC 11-5B-1):
A Certificate of Zoning Compliance(CZC) is required to be submitted for approval of the site and building
design prior to submittal of building permit applications.
VII. DECISION
A. Staff:
Staff recommends approval of the Conditional Use Permit per the provisions included in Section IX in
accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on June 20, 2024 .At the public
hearing,the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: Sasha Rubinshteyn,CSHOA
b. In opposition:None
C. Commenting: None
d. Written testimony: None
e. Staff presenting application: Bill Parsons,Planning Supervisor
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
Page 8
51
VIII. EXHIBITS
A. Site Plan(date: 5/20/24)
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Page 9
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B. Lanscape Plan(date: 3/29/24)
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Page 10
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C. Black Rock Coffee Proposed Elevations
MATERIALS&FINISH
SCHEDULE:
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GENERAL NOTES:
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—_—_—_—_—_—_—_—_ EEI
1 FRONT ELEVATION
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MATERIALS&FINISH
SCHEDULE: _
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Page 11
54
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Page 12
55
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Conditional Use Permit:
1. Future development of this site shall comply with the previous conditions of approval and terms of
the existing Development Agreement and the conditions contained herein[H-2020-0099 AZ, DR,
CUP, PP, PS(DA#2021-046525);FP-2021-00131.
2. The site/landscape plans shall be revised as follows:
a. All mechanical equipment on the back of the building and outdoor service and equipment areas
should be incorporated into the overall design of buildings and landscaping so that the visual and
acoustic impacts of these functions are fully contained and out of view from adjacent properties
and public streets as set forth in UDC 11-3A-12.
b. Additional signage and parking lot striping are required throughout the site to efficiently and
adequately direct patrons to the menu boards and throughout the site with minimal conflict.
c. Install additional signage ahead of the southern crossing warning drivers to watch for
pedestrians.
d. Incorporate shrubs and rock mulch in the landscape planter adjacent to the buffer along the
northwest side of the drive aisle entrance/exit in accordance with UDC 11-3B-8C.
e. The required landscape areas within the planters shall be at least seventy(70)percent covered
with vegetation at maturity,with mulch used under and around the plants in accordance with
UDC 11-313-5.
f. Provide a copy of the recorded cross-access/ingress-egress easement to adjoining properties to
the south[parcel#R5711030060] to the Planning Division with the future CZC and Design
Review application in accordance with the provisions of UDC 11-3A-3A2.
3. The existing landscaping buffers along N. Ten Mile Road and W. Pine Avenue shall remain in place
and shall be protected during construction on the site per UDC 11-3B-10.
4. Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment and
standards listed in UDC 11-4-3-49—Restaurant is required.
5. Direct access via S. Ten Mile Road and W. Pine Avenue is prohibited.
6. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved
for the proposed use prior to submittal of a building permit application. The design of the site and
structure shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the
Architectural Standards Manual and with the Development Agreement.
7. The conditional use permit is valid for a maximum period of two(2)years unless otherwise
approved by the City. During this time,the Applicant shall commence the use as permitted in accord
with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or in the
ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-
6F.
B. PUBLIC WORKS
https:llweblink.meridianciV.or /WebLinkIDocView.aspx?id=346087&dbid=0&repo=MeridianCitX
Page 13
56
C. FIRE DEPARTMENT
No comments were submitted.
D. POLICE DEPARTMENT
No comments were submitted.
E. KUNA SCHOOL DISTRICT
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=346103&dbid=0&repo=MeridianCity
F. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=346723&dbid=0&repo=MeridianCity
G. VALLEY REGIONAL TRANSIT
https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=346195&dbid=0&repo=MeridianCitX
H. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=348393&dbid=0&repo=MeridianCity
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=346344&dbid=0&repo=MeridianCitX
J. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=346116&dbid=0&repo=MeridianCity
X. FINDINGS
A. Conditional Use Permit(UDC 11-513-6E)
The Commission shall base its determination on the Conditional Use Permit requests 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.
Commission finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the C-C district(see Analysis, Section VI for more
information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the
requirements of this Title.
Commission finds the proposed restaurant with a drive-through will be harmonious with the uses
allowed in the Comprehensive Plan and is consistent with applicable UDC standards with the conditions
noted in Section IX of this report.
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.
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Commission finds the design, construction, operation and maintenance of the proposed use will be be
compatible with other uses in the general neighborhood, with the existing and intended character of the
vicinity and will not adversely change the essential 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.
Commission finds that if the applicant complies with the conditions outlined in this report, the proposed
use will not adversely affect other property in the area.
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.
Commission finds the proposed use will be served by essential public facilities and services as required.
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.
Commission finds theproposed use will not create additional costs forpublic facilities and services and
will not be detrimental to the economic welfare of the community.
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.
Commission finds the proposed use will not be detrimental to any persons,property or the general
welfare by the reasons noted above.
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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005).
Commission finds the proposed use will not result in the destruction, loss or damage of any such
features.
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