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HomeMy WebLinkAboutStaff Comments STAFF REPORT TO: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007 oU;rldi~ Hearing Date: January 4, 2007 ~~ T Sonya Watters, Associate City Planner RE~VE D Southern Springs Building B (CUP-06-036) .n DEe 2 6 2006 Conditional Use Permit for a drive-through establishment within 300 feet of a residential district and within 300 feet of another drive-through establishment, by City Of Meridian BRS Architects. Ci~ Clerk Office 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, BRS Architects, has applied for Conditional Use Permit (CUP) approval for a drive- through establishment within 300 feet of a residential district and within 300 feet of two other concurrently proposed drive-through facilities north of the site. The subject property is currently zoned C- G (General Retail and Service Commercial District). Per UDC 11-4-3.11, drive-through establishments that are proposed within 300 feet of a residential district and within 300 feet of another drive-through facility are required to obtain conditional use permit approval. The subject site is located off the south- east corner of Meridian Road and Overland Road within Southern Springs Subdivision NO.2. Except for the drive-through window, which is proposed on the south side of the building, the building shown on the site plan has already been constructed on the site but has not yet received occupancy. Because this property is located on an entryway corridor, design review approval was required and approved with the Certificate of Zoning Compliance issued for this site. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-06-03 6 for Southern Springs Building B as presented in the Staff Report for the hearing date of January 4, 2007, subject to the conditions listed in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP- 06-036 as presented in the Staff Report for the hearing date of January 4,2007, with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct staff to prepare an appropriate [mdings document to be considered at the next Planning and Zoning Commission hearing on January 18, 2007. If).\HO Planning & Zoning Commission Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-06- 036 as presented during the hearing of January 4, 2007, for the following reasons: (You must state specific reason(s) for the denial of the conditional use permit and what the applicant could do to obtain your approval in the future.) I further move to direct Legal Department Staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on January 18, 2007. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP- 06-036 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southern Springs Building B (CUP-06-036) - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 1800 S. Meridian Road (Lot 9, Block 1, Southern Springs Subdivision No.2); east side of S. Meridian Road, approximately 500 feet south of Overland Road; Section 19, T.3N., R.1E. b. Owners: Michener Investments, LLP 1412 W. Idaho, Ste. 110 Boise, ill 83702 c. Applicant: BRS Architects 1010 S. A1lante Place, Ste. 100 Boise, ill 83709 d. Representative: Joe Thompson, BRS Architects e. Present Zoning: C-G (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval for a drive-through within 300 feet of a residential district and within 300 feet of two other concurrently proposed drive-through facilities north of the site. 1. Date of CUP Site Plan (attached in Exhibit A): July 10, 2006 2. Date of Landscape Plan (attached in Exhibit A): September 11,2006 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City ordinance. By reason ofthe provisions ofUDC ll-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: October 30th and November 13th, 2006 c. Radius notices mailed to properties within 300 feet on: October 20d" 2006 d. Applicant posted notice on site by: December 19th, 2006 6. LAND USE a. Existing Land Use(s): Newly constructed multi-tenant commercial building b. Description of Character of Surrounding Area: Single~family residential, commercial, highway-oriented services, rapidly urbanizing c. Adjacent Land Use and Zoning: 1. North: Developing commercial properties in Southern Springs Subdivision No.2, zoned C-G 2. West: Developing commercial property, zoned C-G; southwest: Elk Run Subdivision, zoned R~8; 3. South: Developing commercial properties in Southern Springs Subdivision No.2, zoned C-G 4. East: Vacant commercial property, zoned C-G; further east, Running Brook Southern Springs Building B (CUP-06-036) - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 Estates Subdivision, zoned R-4 d. History of Previous Actions: The subject property was annexed and zoned to the C-G zoning district prior to preliminary plat approval in 2003. The fmal plat (FP-04.082) for Southern Springs Subdivision No.2 was approved in 2005. A Certificate of Zoning Compliance (CZC- 06-093) was approved in July, 2006 for a retail shell building on this site; Design Review for the building and site was required and approved at the time of CZC review and approval. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer already stubbed to this lot during the construction of Southern Springs Location of water: Water already stubbed to this lot during the construction of Southern Springs Issues or concerns: None 2. Vegetation: N/ A 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: None known 6. Size of Property: 1.10 acres 7. Description of Use: Drive~through facility f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is not proposing any new access points to Meridian Road/SH69 at this time and none are approved. The subject property is accessed from a private access easement on the east side of the property that extends south to E. Calderwood Drive, east across the Ten Mile Drain to Overland Road, and west, along the southern property boundary to S. Meridian Road, as shown on the recorded plat for Southern Springs Subdivision No.2. A cross-access agreement exists between all lots in the subdivision as set forth in the CC&R's for Southern Springs Subdivision, as noted on the plat for Southern Springs Subdivision No.2. 7. AGENCY COMMENTS On October 27,2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8.. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) Southern Springs Building B (CUP-06-036) - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: >> Sanitary sewer and water service will be extended to the project at the developer's expense. >> The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. >> The suNect lands will be serviced by the Meridian Police Department (MPD). >> The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and lTD. This service will not change. >> The subject lands are currently serviced by the Meridian School District #2. This service will not change. >> The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss. Municipal, .lee-supported, services will be provided to this site by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is required to install and maintain landscaping on the site in accordance with UDC 11-3B. A landscape plan was previously approved by the Planning Department with the Certificate of Zoning Compliance issued for this site that complied with the applicable UDC standards for landscaping. Landscaping installed on the site shall comply with the approved landscape plan and shall be maintained. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) A 35-foot wide landscape buffer has been installed adjacent to S. Meridian Road, an entryway corridor into the City. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed commercial and retail uses on this site will provide a variety of uses in this area. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: . "The capacity of arterial. . . roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) . "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). . "Restrict curb cuts and access points on . . .arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) Please see section 6f above for details on access provided to this site. Southern Springs Building B (CUP-06-036) - Page 4 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF JANUARY 4,2007 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-through as an Accessory/Conditional use in the C-G zone with Specific Use Standards for Drive-through Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through Establishments require Conditional Use Permit (CUP) approval for drive-through facilities that are within 300 feet of a residential district or another drive-through facility. The subject property is within 300 feet of a residential district. There is not currently another drive- through facility within 300 feet of the proposed drive-through; however, the concurrent CUP application for Southern Springs Building A includes a request for 2 drive-through windows on each end of the building adjacent to the subject lot to the north within 300 feet of the subject property. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed site design as presented on the CUP site plan labeled as Sheet CU-1, dated September, 2006, and the landscaping proposed on the landscape plan labeled Sheet Ll-O & Ll-l, dated, September 11,2006, with the following comments (in italics): Development along Federal and State Highways: Unified Development Code (UDC) 11- 3H-l, Purpose. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." An internal private access road within the Southern Springs development that provides cross-access to aZZlots was approved with the plat for Southern Springs Subdivision. UDC 11-3H-4B3 states: "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." The subject property is accessed from a private access easement that runs paraZZel to SH69 on the east side of the property that extends north-east through Southern Springs Sub. 1 to Overland Road, south to E. Calderwood Drive and west, along the southern property boundary of the subject lot to S. Meridian Road, as shown on the recorded plat for Southern Springs Subdivision No. 's 1, 2, & 3. A cross-access agreement exists between aZZlots in the Southern Springs development as setforth in the CC&R's and noted on the plat. Landscaping: The landscape plan prepared by The Land Group, Inc., dated September 11, 2006, labeled Sheet Ll-O and Ll-l is approved as submitted. Southern Springs Building B (CUP-06-036) - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 Parking: Parking was reviewed and approved with the Certificate of Zoning Compliance (CZC) issued for this site. Note: The drive aisle adjacent to parking on the north side of the building is only 20-feet wide; UDC 11-3C-5 requires a 25-foot wide drive aisle adjacent to 900 parking for one-way drive aisles. · One bicycle parking space shall be provided for every 25 vehicle parking spaces per UDC ll-3C-6G and shall meet the requirements for bicycle parking facilities as stated in UDC ll-3C-5C. Drive-through Design: Staff is generally supportive of the proposed drive-through configuration, and finds that it meets the requirements set forth in UDC 11-4-3.11, which states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the site plan shall demonstrate compliance with the following standards: · Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons; · The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; · The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; · Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. . A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. Staff finds that the site plan submitted with this application complies with the drive- through standards set forth in UDC 11-4-3.11 C. Please include the following additional information, as well as the other changes mentioned herein, on the site plan submitted with the new Certificate of Zoning Compliance for this site: . If a speaker is proposed at the drive-through order sign, please indicate on plan. . A "Do Not Enter" sign is required on the east end of the planter island on the south side of the drive-through lane where traffic exits and at the north end of the planter island adjacent to the parking area on the east side of the building to prevent cars from entering from the wrong direction; please include on plan. Hours of Operation: The hours of operation for the drive-through shall be restricted to the hours between 6 am and 10 pm to help alleviate the effects of noise, traffic, odors, glare, or other nuisances created by the business to the adjacent residential properties. NOTE: The site plan, landscape plan, & elevations were reviewed for compliance with UDC standards, including design review standards, with approval of the Certificate of Zoning Compliance for this site (CZC-06-093). b. Staff Recommendation: Staff recommends approval of CUP-06-036 for Southern Springs Building B, as presented in the Staff Report for the hearing date of January 4, 2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. Southern Springs Building B (CUP-06-036) - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 11. EXHmITS A. Drawings 1. CUP Site Plan (Sheet CU-l, prepared by BRS Architects, dated September, 2006) 2. CUP Landscape Plan (Sheet L1.0 & L1.l, prepared by The Land Group, dated September 11, 2006) 3. Building Elevations (Sheet CU-2b, prepared by BRS Architects, dated September, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Idaho Transportation Department 8. Central District Health 9. Ada County Highway District C. Required Findings from Unified Development Code Southern Springs Building B (CUP-06-036) - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 A. Drawings 1. CUP Site Plan D~ GJ,"ll-UM<>lIV ~ .:-3W~f[i.. (IofG "MlIh;:.i I In:;I~ 'J!. 7".!. !aI:-' S~NntdS N'i:i3HJ.ilOS il . ~'. .~Q-If'i -,..r "W.'liI .. .J~ t., "~~ '1 I! U , ~ "."; "., :.. <<in,. I~.J' I - ;H,. ~ ." "I ~ilinJ ~L Ii er r s!ni! ~ ~ 11,1, d nt~:~ jf! !Ii :'1 liffri - - - - --_.__ .. Lj _; , ".-. -. - -~~.._- -- --"-" "',4 \ ., ~ J----, ',"'1 l~ \ \ \, \ " \ \ \"B " '" \ ~ .~' \ \ \. \ ", \ \. l~,,,,-..._,,.... I; ':. - .., I.. " ',.1". y';' 1=- : 'i"" ~I l'lll --. II .,~ "'-i a; \ , . i I. o ., -.' :\--~ \ , .- . "\ .,"' Exhibit A dH'"'7' !j "=> IdllU 'i Q -0:1 g 7,i <: ::il ~ .,.,;. ::!;! -<: 7 ~I 'fl' ~ i ~'.. ~j ~ .[~& ~-~ i I .J: ; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 2. Landscape Plan "',., '" . OIl8PI'~'~~0IB9-H-S - 8 ., V BuIPllna I!$~ ~ >fOOfS '6 'e 'ilO' s5u!JdS w9Lflnog IiII' 1';11'" r 1111 j \.t ,~ll~h~II.lU~I.l ~ ~\I.J.I .~ II Jill ij!1 I ~ 11di IHIIII' ~ I ~ . ~.. Ij i ~ l~ 1IIIIII III r IiI b-~j III .Ii"i ~... . i Hl1 : I IU "U::i II' I I ! C) a I ; ImulJUo w I. i~ I i~~'i Jhl ~ i~ ~ I J Exhibit A Illl I nn /111 ,II III CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 3. Building Elevations D~ ~ ~~~nr: ~ .,J.g;. " : . Exhibit A ~ ~.M -iI~1Q ."'i..lol ~ , ;0' , ~ ~ "N ~, ~ I I .1 ; .a StlNIMdS NH3Hlnos .1. CttO"Ii:' "l'iki ""'~ '., ~ f 1- , ." t i I , ! II , l --------;---' .,~'-~-! :---_. , ',t , '~ ,"'-~ ! / i ' ( ~ : .J /~ ; l' :~r~~ t~j~~i1 ~~ ~ i I -; 1: ( f\ , \ I I, ~ ic ~r "J:~~ 5iA t, 'Sl,." ~ it II ~ I ! , ~;~ ~'" it/;- oj' ~~' 5\~ i "', I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 B. Conditions of Approval 1. PLANNING DEPARTMENTS 1.1 The Site Plan labeled as Sheet CU ~ 1, prepared by BRS Architects, dated September, 2006, is not approved. A revised Site Plan, depicting the conditions listed herein, shall be submitted prior to Certificate of Zoning Compliance approval for the site. Comply with all previous requirements of this site, including PP-03.0l6, FP-04-082, and CZC-06-093. 1.2 If a speaker is proposed at the drive-through order sign, indicate on the site plan. 1.3 A "Do Not Enter" sign is required on the east end of the planter island on the south side of the drive.through lane where traffic exits; include this information on the site plan. 1.4 A "Do Not Enter" sign is required at the north end of the planter island adjacent to the parking area on the east side of the building to prevent cars from entering from the wrong direction; include this information on the site plan. 1.5 One bicycle parking space shall be provided for every 25 vehicle parking spaces per UDC ll-3C- 6G and shall meet the requirements for bicycle parking facilities as stated in UDC 11-3C-5C; include a minimum of 1 bicycle parking space on the plan. 1.6 The Landscape Plan labeled L1.0 and L1.l, prepared by The Land Group, Inc., dated September 11, 2006 is approved as submitted. 1.7 The subject drive-through design is approved as proposed, as it complies with the standards set forth in UDC 11-4-3.11. Submit a letter from the Transportation Authority (ACHO) indicating the site plan is in compliance with the authority's standards and policies. 1.8 The hours of operation for the drive-through shall be restricted to the hours between 6 am and 10 pm. 1.9 The drive aisle on the east side of Building B is only 20-feet wide; UDC Table 11-3C-1 requires all drive aisles adjacent to 90 degree angle parking to be a minimum of 25-feet wide. Because the CZC for the existing building was approved with a 20-feet wide drive aisle in error, the applicant is not required to comply with the above-stated ordinance. 1.10 The building elevations prepared by BRS Architects (Sheet CU~2b) shall be revised to include the correct label for the north elevation; there are currently two south elevations shown on the plan. 1.11 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.12 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.13 Submit a Certificate of Zoning Compliance application with the above-noted revisions to the site plan for approval prior to Certificate of Occupancy for the site. 1.14 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. 2. PUBLIC WORKS DEPARTMENT 2.1 Civil plans for this building have already been reviewed and approved by the Public Works Department. As such Public Works as no comments on this application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to the application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY (SSe) 6.1 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to issuance of the Certificate of Zoning Compliance. 6.2 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. IDAHO TRANSPORTATION DEPARTMENT (ITD) 7.1 No comments were received from ITD relating to this application. 8. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) 8.1 Central District Health Department has no objections to this proposal. 9. ADA COUNTY HIGHWAY DISTRICT (ACIID) 9.1 The conditions and requirements ofMPP~03-0l6 for Southern Springs Subdivision also apply to MCUP-06~036. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 C. Required Findings from Unified Development Code Conditional Use Permit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The existing building and proposed drive-through facility on this site can accommodate and meet all dimensional and development regulations of this district. Staff finds that the subj ect property is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. The Commission should rely on Staff's analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the Comprehensive Plan designation for this property is "Commercial." The proposed use is generally harmonious with the requirements of the UDC (see Sections 8 & 9 for more information regarding the requirements for this use.) 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a drive-through facility should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 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. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation, ITD and ACHD. Based on comments from other agencies and departments, Staff fmds that the proposed use will be served adequately by all of the public facilities and services listed above. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff recognizes that traffic and noise will increase with the approval of a drive-through facility in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare ofthe public. Staff does not anticipate the proposed drive- through facility will create excessive noise, smoke, fumes, glare, or odors. Further, Staff finds that the proposed drive-through facility will not be detrimental to people, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with this use that should be brought to the Commission's attention. Stafffmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C