Southern Springs Bldg B CUP
RECEIVED
JAN 1 1 2007
City Of Meridian
City Clerk Office
ctG;;di~ '\
j!
ID,'\HO
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of a Conditional Use Permit request for a drive~through establishment within
300 feet of a residential district and within 300 feet of another drive~through establishment,
for Southern Springs Building B, by BRS Architects.
Case No(s). CUP-06-036
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. 967-6503).
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 9
11 ~5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-036
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 9 II-SA 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-06-036
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, 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 Final 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 ofthe City of
Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
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-06-036
By action of the Planning & Zoning Commission at its regular meeting held on theUfa flU.tlfj
day of I&'~ ,2007.
VOTED~
VOTED~
VOTED~
VOTED~
COMMISSIONER STEVE SroDOW A Y u' , VOTEDlfA-
rnL~
COMMISSIONER MICHAEL ROHM
( Chair)
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER KEITH BORUP
Attest:
) 8?&L
ara Green, Deputy City Cle~ Q "c:;.,t?-
-:',_ "0 ~\ '_, ,f? f
"",,""" C --- (j'?' . ..'~
Copy served upon Applicant, The/rl~~~Q~'partment, Public Works Department and City
Attorney.
By: S ~1 &vl n 1 SYV\-~ +t--"
City Clerk
Dated:
o{- 1z::.J"
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-036
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: January 4,2007
Planning & Zoning Commission
Sonya Watters, Associate City Planner
.......... U /' C~ n~ ~.
\JVltJridit$1/ - ~\
\ IfHHO f
,.\
Southern Springs Building B (CUP-06-036) , la\
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
BRS Architects.
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 comer 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 ofthe 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. The Meridian Planninll and
Zoninll Commission heard this item on January 4. 2007. At the public hearinll. they moved to
approve CUP~06~038.
!: Summarv of Commission Public Hearinll:
i. In favor: Joe Thompson, BRS Architects (Applicant's Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimonv: None
v. Staff presenting application: Sonya Watters
vi. Other staff commentinll on application: None
b. Key Issues of Discussion by Commission:
i. None
~ Key Council Chanlles to Commission Recommendation:
ii. None
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 fmdings document to be considered at the next
Planning and Zoning Commission hearing on January 18,2007.
Denial
Exhibit A
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 fmdings 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:
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.lE.
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 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 P1alU1ing and Zoning Commission on this matter.
b. Newspaper notifications published on: October 30th and November 13t\ 2006
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
Exhibit A
a. Existing Land Use(s): Newly constructed multi-tenant commercial building
b. Description of Character of SurroWlding 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
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-
06-093) 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 bOWldary 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, ajoint agency and departments meeting was held with service providers in this
Exhibit A
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, "Conunercial" areas are anticipated to provide a full range of conunercial
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)
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 conunercial 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 ii-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 conunercial 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.
Exhibit A
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 61 above for details on access provided to this site.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schednle 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-l, 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~ 1, 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 SoutherntSprings development that provides cross-access to all lots was approved with the plat for
Exhibit A
Exhibit A
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
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 platfor 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 Ll-O and Ll-l is approved as submitted.
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 parkingfor one-way drive aisles.
. 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 ll-3C-5C.
Drive-through Design: Staff is generally supportive of the proposed drive-through
configuration, and fmds 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 ll-4-3.1lC.
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. The Meridian Planning: and Zoning: Commission heard
this item on Januarv 4.2007. At the public hearing:. thev moved to approve CUP-06-
038.
11. EXHmITS
A. Drawings
1. CUP Site Plan (Sheet CU-I, prepared by BRS Architects, dated September, 2006)
2. CUP Landscape Plan (Sheet L1.0 & L1.I, 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
Exhibit A
A. Drawings
1. CUP Site Plan
D~ 114;>IU,Ui'".v:
~ ~31~~
:0I0MI.~~
l 1J:1r~ 't. lI'i. 'iiU".-,
d &"......
,,5 ,
Ii a;::)
Id:IU
SbNnfdS Nli3HlnOs
... .~'. "'U"nI ")Io/j[ "WAlt
~
a.
"
"j.---l
';-l
: I
\
\
:?
" \
\ \
\
\ "ii
\ 7,
\
\ \ \.
\ " \
\, "
\ \ ,
. . \
\ \ - \
, \ \ \.
\ ...\
\ \
\ \
1=1 ~I
I "'-c,
F+rr1tl '. i
:IJ= I ~ap
L,I------
r
~
I "'~_
-----:i.. ~; ~:
~- gl
I ' I
=~, 7-
'i" :::
~I .1'lfi ~ I
- ,'. Ii [! I
...-E:. ..., .
,-- i ~'
~I
rJJ
~
...
....
'(;I.;
, ~.
I 2.
0..
I ~J
'~ --'.(l~
~~
,I "
1/: :
Exhibit A
2. Landscape Plan
OllBpJ .~.~ pUlIpaI\0I69 ...rB
a'9 V 6uIPIIOa I!BlEIl:!
~ )tOOlS '6 '8 'LlO1 s6ulJds UJ94JrlOS
Exhibit A
I
I
r
I
I
im '
1111
.. I,m
illl
II
.! ,.
W
I i
I'
J!III(JI.
Ih'lllfR I
~!!l~! 0
3. Building Elevations
Oy :"3iI~ '5;IMdSNlt3~~~: ;}I':~
: .
! ;
i
t
Exhibit A
f
.~
I: _
i
I
i
i.1
: I
,-.---":"i
!_..,_ I, ____
I
"
",
,
.,-
I
:1
't
'i
:
~::: j!,
, '
--!----":-; ,i
r.~;:_. .
I, t' ~
~!:
~~it1 .~~ ~
+
"
".t
~
~.
'\
"
:~
:j
I
I
9
ic:
~"
-x;";t
~iR
,~
!I
~
:~:,
,""
,,; '.
G'ii
.u:: i
e
'.~~
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Site Plan labeled as Sheet CD -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-03-016, 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 1I-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 Ll.O and L1.I, prepared by The Land Group, me., 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 (ACHD) 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; ODC Table 11-3C-I 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
pennit 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 pennitted 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
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 Departmenthas no objections to this proposal.
9. ADA COUNTY HIGHWAY DISTRICT (ACHD)
9.1 The conditions and requirements ofMPP-03-016 for Southern Springs Subdivision also apply to
MCup.06-036.
Exhibit B
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. 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 Commission should rely on
Staffs 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 Commission fmds 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.
The Commission 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.
The Commission 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 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.
The Commission 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, the
Commission fmds that the proposed use will be served adequately by all of the public
facilities and services listed above.
Exhibit C
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. The
COIrunission fmds 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 a drive~
through facility 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 facility will create excessive noise, smoke, fumes,
glare. or odors. Further, the Commission 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.
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