HomeMy WebLinkAboutSouthern Springs Building A CUP-06-035
RECEIVED
JAN 1 1 2007
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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City Of Meridian
City Clerk Office
In the Matter of a Conditional Use Permit request for a for a drive-through establishment
within 300 feet of a residential district and within 300 feet of another drive-through facility,
for Southern Springs Building A, by BRS Architects.
Case No(s). CUP-06-035
For the Planning & Zoning Commission Hearing Date of: January 4, 2007 (Findings
approved on January 18, 2007)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 4,2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 4,2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
4,2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 4,2007 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. S67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02'--382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-035
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 Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Site Plan, Landscape Plan, Elevations, and the
Conditions of Approval, all in the attached Staff Report for the hearing date of January 4,
2007, 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 S 11-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated
September, 2006 is hereby conditionally approved;
2. No modifications to the site specific conditions were made at the Planning & Zoning
Commission hearing; and
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 4,2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as 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 recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-035
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.I, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as 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. Notice of Pinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 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.
F. Attached: Staff Report for the hearing date of January 4,2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-035
By action of the Planning & Zoning Commission at its regular meeting held on the q OAlu~
day of I S ~ ,2007.
COMMISSIONER DAVID MOE
VOTED~
VOTED~
VOTED~
VOTED~
COMMISSIONERSTEVESIDDOWAY, ((J. 7ED~
_~lJLH..Lk?-
CHAIRMAN MICHAEL ROHM
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER KEITH BORUP
Attest:
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Tara Green, Deputy City~lf'.r 1__ ,,~o 0 ,:::
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Copy served upon Applicant, Ti{e'Pianm1l'~ 'Department, Public Works Department and City
Attorney.
By: S [([,-,'l r)7~vL:. +e---~,
City Clerk
Dated:
O!-ll.---c'l
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-035
STAFF REPORT
TO:
FROM:
SUBJECT:
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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IDAHO :I
Hearing Date: January 4, 2007
Planning & Zoning Commission
Sonya Watters, Associate City Planner
Southern Springs Building A (CUP-06-035)
"
,1m
Conditional Use Permit for a drive-through establishment within 300 feet of a
residential district and within 300 feet of another drive-through facility, by BRS
Architects.
IIIIf'
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, BRS Architects, has applied for Conditional Use Permit (CUP) approval for two drive-
through establishments within 300 feet of a residential district and within 300 feet of each other as well as
another concurrently proposed drive-through facility south 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 southeast comer of Meridian Road aild Overland Road. The site consists of two lots (Lots 7 & 8)
within Southern Springs Subdivision No.2. The subject lots are in common ownership. On July 25,2006,
the Plarming Department approved a Certificate of Zoning Compliance (CZC-06-092), which approved
the construction of the subject building shell. Except for the drive-through windows, which are proposed
on the north and south sides 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 concurrently 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-06-035 for Southern Springs Building A as presented in the Staff Report for the hearing
date of January 4, 2007, subject to the conditions listed in Exhibit B. The Meridian Planninl! and
Zoninl! Commission heard this item on January 4. 2007. At the public hearinl!. they moved to
approve CUP-06-035.
!: Summary of Commission Public Hearinl!:
i. In favor: Joe Thompson. BRS Architects (Applicant's Representative)
ii. In opposition: None
iii. Commentinl!: None
iv. Written testimony: None
v. Staff presenting: application: Sonya Watters
vi. Other staff commentinj;!; on application: None
b. Key Issues of Discussion by Commission:
i. None
~ Key Council Chanl!es to Commission Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
06-035 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 fmdings document to be considered at the next
Southern Springs Building A (CUP-06-035) - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
Planning and Zoning Commission hearing on January 18, 2007.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
035 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-06-035 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:
1720 & 1760 S. Meridian Road (Lots 7 & 8, Block 1, Southern Springs Subdivision No.
2); east side of S. Meridian Road, approximately 250 feet south of Overland Road;
Section 19, T.3N., R.IE.
b. Owners:
Michener Investments, LLP
1412 W. Idaho, Ste. 110
Boise, ill 83702
c. Applicant:
BRS Architects
1010 S. Allante 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 two drive-through's within 300 feet of a residential district and within 300 feet of
each other, as well as another concurrently proposed drive-through facility south 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 the City
ordinance. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before
the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: October 30th and November 13th, 2006
Southern Springs Building A (CUP-06-035) - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
c. Radius notices mailed to properties within 300 feet on: October 20th, 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: Vacant commercial property in Southern Springs Subdivision No.2, zoned
C-G
2. West: Developing commercial property, zoned C-G
3. South: Vacant and developing commercial property in Southern Springs Sub. 2,
zoned C-G
4. East: Vacant & developing commercial property in Southem Springs Sub. 1,
zoned L-O; southeast: Rwming Brook 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 final plat (FP-04-082) for Southern
Springs Subdivision No.2 was approved in 2005. A Certificate of Zoning Compliance (CZC-
06-092) 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 concems: None
2. Vegetation: N/ A
3. Flood plain: N/ A
4. Canals/Ditches Irrigation: N/ A
5. Hazards: None known
6. Size of Property: 1.46 acres
7. Description of Use: Multi-tenant building with drive-through windows proposed on
the north and south sides of the building
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, west to S. Meridian Road, and
east across the Ten Mile Drain to Overland 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, and as noted on the plat for
Southern Springs Building A (CUP-06-035) - Page 3
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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 finds 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)
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 subject 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, fee-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 ]]-3B. A landscape plan was previously approved by the Planning Department with the
Certificate of Zoning Compliance issuedfor 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.
Southern Springs Building A (CUP-06-035) - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
. "Plan for a variety of commercial and retail opportunities within the hnpact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that the proposed commercial and retail uses on this site will contribute to the
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.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive~through facility 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 1l~4~3.11 for Drive~through
Establishments require Conditional Use Pennit (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 B includes a request for a drive-through window
adjacent to the subject lot to the south 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 ~ 1, dated,
September 11, 2006, with the following comments:
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
Southern Springs Building A (CUP-06-035) - Page 5
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
community and for the traveling public." An internal private access road within the Southern
Springs development that provides cross-access to all lots 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 parallel to SH69 on the east side of the property that extends
northeast through Southern Springs Subdivision No. 1 to Overland Road, south to E.
Calderwood Drive and west, approximately 180 feet south 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 all lots in the Southern Springs development as set
forth 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 L 1-0 and L 1-1 is approved as submitted.
Parking: Parking was reviewed and approved with the Certificate of Zoning Compliance
(CZC) issued for this site.
. 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.
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. However, Staff is
concerned that the northerly drive-through may not provide sufficient stacking capacity.
The site plan indicates there is room for four cars; additional cars would be hanging out or
waiting in the roadway potentially creating a traffic hazard. Staff would like to see the
window shifted to the west end of the building as far as possible to allow more stacking
capacity .
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 ll-4-3.11C.
Please include the following additional information on the site plan submitted with the new
Certificate of Zoning Compliance for this site:
Southern Springs Building A (CUP-06-035) - Page 6
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
· If a speaker is proposed at the drive.through order sign(s), please indicate on plan.
· If a drive-through order sign/menu is proposed for the northern drive-through, please
indicate on plan.
· A "Do Not Enter" sign is required on the west end of the planter island on the north
side of the northerly drive-through lane where traffic exits and on the east end of the
planter island on the south side of the southerly drive-through lane where traffic exits
to prevent cars from entering the drive-through from the wrong direction; please
include on plan.
· Remove the parking stall closest to the drive-through order sign located at the south-
west comer of the building and extend the raised concrete surface over this area to
prevent a possible blockage of the parking stall from cars in the stacking lane for the
drive-through.
· Shift the northerly drive-through window to the west end of the building as far as
possible to allow more stacking capacity.
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-06-092).
b. Staff Recommendation: Staff recommends approval of CUP-06-035 for Southern Springs
Building A, 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. The Meridian Plannin!! and Zonin!! Commission beard
this item on Januarv 4.2007. At the DubUc hearin!!. thev moved to aDDrove CUP-06-035.
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 & L1.1, prepared by The Land Group, dated
September 11, 2006)
3. Building Elevations (Sheet CU-2a, 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
Southern Springs Building A (CUP-06-035) - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
8. Central District Health
9. Ada County Highway District
C. Required Findings from Unified Development Code
Southern Springs Building A (CUP-06-035) - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
A. Drawings
1. CUP Site Plan
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
2. Landscape Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
3. Building Elevations
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CITY OF MERIDIAN PLANNING DEP ARTMENT 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-06-092.
1.2 If a speaker is proposed at the drive-through order sign(s), 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
southern drive-through lane where traffic exits.
1.4 A "Do Not Enter" sign is required on the west end of the planter island on the north side of the
northerly drive-through lane where traffic exits
1.5 If a drive-through order sign/menu is proposed on the northern drive-through, indicate on the site
plan.
1.6 Shift the northerly drive-through window to the west end of the building as far as possible to
allow more stacking capacity.
1.7 Revise the site and landscape plan to reflect the Police Department's conditions shown below in
section 4.
1.8 Remove the parking stall closest to the drive-through order sign located at the southwest comer of
the building and extend the raised concrete surface over this area to prevent a possible blockage
of the parking stall from cars in the stacking lane for the drive-through.
1.9 One bicycle parking space shall be provided for every 25 vehicle parking spaces per UDC 11-3C-
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.
1.10 The Landscape Plan labeled Ll.O and Ll.1, prepared by The Land Group, Inc., dated September
11, 2006 is approved as submitted.
1.11 The hours of operation for the drive-through shall be restricted to the hours between 6 am and 10
pm.
1.12 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 (ACHD) indicating
the site plan is in compliance with the authority's standards and policies.
1.13 Outdoor lighting on the site shall comply with the standards listed in UDC 11-3A-ll.
1.14 The building elevations prepared by BRS Architects (Sheet CU-2a) are approved as submitted.
1.15 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.
1.16 No signs are approved with this CUP application. All business signs require a separate sign
permit in compliance with the sign ordinance.
1.17 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
1.18 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.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns related to the application.
4. POLlCE DEPARTMENT
4.1 The Police Department is concemed about the two drive-through's being located too close to each
other. Both of the drive-through's have the potential to create congestion and driving against
traffic. The applicant should provide a one-way drive aisle and eliminate one of the drive-
through's; preferably the one on the north side of the building.
To alleviate the concerns of the Police Department noted above, the applicant has proposed the
following alternative to eliminating one of the drive-through's:
a. Reduce the northem most curb cut and drive aisle from two-way to one-way traffic,
preferably entering at the curb cut and flowing east to west.
b. At the planter separating the north drive-through aisle from the north parking area, keep
the low lying landscaping trimmed to be no higher than 2-3 feet above grade.
c. At the planter separating the north drive-through aisle from the north parking area, plant
trees that at 50% of mature growth, have the canopy /branches be no less than 6 feet
above the grade.
d. Reduce the length of the planter separating the north drivewthrough aisle from the north
parking area by 5 feet. That 5 feet to be removed from the west end of the planter.
The Police Department is in agreement with the above-noted design alternatives to keep both of
the drive-through's in place.
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 (ACHD)
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 DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
C. Required Findings from Unified Development Code
Conditional Use Pennit 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 facilities on this site can accommodate and
meet all dimensional and development regulations of this district. The Commission finds that
the subject property is large enough to accommodate the required yards (setbacks), parking,
landscaping and other features required by the ordinance. The Corrunission 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.
The Corrunission finds that the Comprehensive Plan designation for this property is
"Commercia!." The proposed use is generally harmonious with the requirements of the UDC
(see Sections 8 & 9 of the Staff Report for more information regarding the requirements for
this use.)
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Corrunission finds that if the applicant complies with the conditions outlined in this
report, the general design, construction, operation, and maintenance of two drive-through
facilities on this site should be compatible with other uses in the general neighborhood and
with the existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Corrunission fmds 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 Corrunission
should rely upon any public testimony provided to detennine if the development will
adversely affect the other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Corrunission fmds 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, the
Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
Exhibit C
CITY OF MERIDIAN PLANNING DEP ARTMENT 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 ofthe community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic and noise will increase with the approval of two
drive-through facilities in this location; however, the Commission does not believe that the
amount generated will be detrimental to the general welfare of the public. The Commission
does not anticipate the proposed drive-through facilities will create excessive noise, smoke,
fumes, glare, or odors. Further, the Commission finds that the proposed drive-through
facilities will not be detrimental to people, property or the general welfare of the area.
8. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with this use. The Commission finds that the proposed use will not result in the
destruction, loss or damage of any natural, scenic or historic feature of major importance.
Exhibit C