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City of Meridian | Department Report I. Project Overview
HEARING
DATE:
4/17/2025
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
sallen@meridiancity.org
APPLICANT: Todd Smith, In-N-Out Burger
SUBJECT: H-2024-0058
In-N-Out Burger at Ten Mile
LOCATION: 5985 N. Ten Mile Rd., in the NE ¼ of
Section 27, T.4N., R1W.
PROJECT OVERVIEW
A. Summary
Conditional use permit for a drive-through establishment in the C-G zoning district within 300
feet of another drive-through facility, existing residences and a residential district. The request
includes extended business hours of operation beyond the 6:00 am to 11:00 pm limit, with hours
from 6:00 am to 1:00 am Sunday through Thursday, and 6:00 am to 1:30 am Friday and Saturday.
B. Recommendation
Staff: Denial
C. Decision
Commission: Pending
COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Vacant/undeveloped -
Proposed Land Use(s) Restaurant/drive-through establishment -
Existing Zoning C-G (General Retail and Service Commercial District) VII.A.2
Proposed Zoning NA
Adopted FLUM Designation Commercial VII.A.3
Proposed FLUM Designation NA
Table 2: Process Facts
Description Details
Preapplication Meeting date 10/7/2024
Neighborhood Meeting 7/15/2024
Site posting date 4/7/2025
COMMUNITY DEVELOPMENT
DEPARTMENT REPORT
City of Meridian | Department Report III. Staff Analysis
Table 3: Community Metrics
Agency / Element Description / Issue Reference
Ada County Highway District Error!
Reference
source not
found.
• Comments Received Yes -
• Commission Action Required No -
• Access Driveway access to a private drive aisle along the west side
of the site that connects to W. Lost Rapids Dr.
-
ITD Comments Received Yes
Note: See section IV. City/Agency Comments & Conditions for comments received or see public record:
https://weblink.meridiancity.org/WebLink/browse.aspx?id=367313&dbid=0&repo=MeridianCity
STAFF ANALYSIS
Comprehensive Plan and Unified Development Code (UDC)
A. General Overview
This property is designated Commercial on the Future Land Use Map (FLUM) in the
Comprehensive Plan. It’s located within the commercial area where Costco is located, which
includes several smaller commercial pads around the perimeter of the development fronting on
W. Chinden Blvd. and N. Ten Mile Rd. Multi-family apartments exist directly to the west of the
site (south of Costco) across a 35-foot-wide driveway that provides access to the overall
development via Lost Rapids Dr., a collector street between W. Chinden Blvd. and N. Ten Mile
Rd.
Table 4: Project Overview
Description Details
History H-2018-0004 (AZ, PP, CPAM, VAR – DA Inst. 2018-079970), FP-2019-
0056
Acreage 2.22 acres
B. History
In 2018, the subject property was annexed as part of a larger development area consisting of
residential and commercial property zoned R-40 and C-G and included in a preliminary plat. A
development agreement was required as a provision of annexation, which governs future
development of the property. The property was later included in a final plat as Lots 14 & 15,
Block 1, Lost Rapids Subdivision.
C. Site Development and Use Analysis (Staff comments in italics)
1. Proposed Use Analysis (UDC 11-2):
The proposed use aligns with the Commercial FLUM designation in the Comprehensive Plan.
A restaurant is a principal permitted use in the C-G district, but a drive-through establishment
requires approval of a conditional use permit (CUP) when the property is within 300 feet of
another drive-through facility, a residential district, or an existing residence in accord with
UDC Table 11-2B-3. In this case, the property is within 300 feet of another drive-through
facility directly to the north (i.e. Café Rio), and existing residences and a residential district
directly to the west (i.e. Olivia Apartments & Townhomes, zoned R-40). Single-family
residential uses and zoning also exist to the east across N. Ten Mile Rd. but are separated
from the site by a 5-lane arterial street.
City of Meridian | Department Report III. Staff Analysis
The C-G zoning district limits business hours of operation from 6:00 am to 11:00 pm when
the property abuts a residential use or district; extended hours may be requested through a
CUP. Technically, this site does not directly abut a residential use or district – there is a 20’
wide strip of land between this site and the adjacent residential development and R-40 zoning
district owned by Costco, zoned C-G. Although hours of operation wouldn’t be restricted by
the UDC in this instance per se, hours may still be limited through the CUP.
The Applicant proposes business hours of operation until 1:00 am Sunday through Thursday,
and 1:30 am Friday and Saturday. Although business hours are allowed to start at 6:00 am,
the Applicant states the business won’t open until 10:30 am. Deliveries are proposed to occur
between the hours of 2:00 am and 9:00 am during non-business hours. The Applicant states
trucks do not have to back up to deliver, which will avoid any back-up warning beeping.
Note: When Costco was approved, deliveries were not allowed to occur between the hours of
10:00 pm and 5:00 am to minimize noise impacts to adjacent residential neighbors.
Because this site is in such close proximity to residential uses to the west, Staff does not
recommend approval of extended hours of operation beyond those allowed in the district, in
accord with Comprehensive Plan Policy #5.01.01F below.
“Minimize noise, lighting, and odor disturbances from commercial developments to
residential dwellings by enforcing city code.” (Comprehensive Plan Policy #5.01.01F)
If the CUP is approved, the Commission should specify allowed hours of operation and if
deliveries are allowed after-hours as proposed.
2. Dimensional Standards (UDC 11-2):
Development of the site shall comply with the dimensional standards of the C-G district in
UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they
comply with these standards.
3. Specific Use Standards (UDC 11-4-3):
Drive-Through Establishment: The proposed drive-through establishment is subject to the
specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment.
All establishments providing drive-through service are required to identify the stacking lane,
menu and speaker location (if applicable), and window location on the site plan. The
proposed site plan depicts stacking lanes and service locations as required. Only one (1)
menu board and speaker is proposed; two (2) umbrella stands are proposed for weather
protection for employees to take orders remotely farther down the drive-through lane.
The site plan is required to demonstrate safe pedestrian and vehicular access and circulation
on the site and between adjacent properties. Sidewalks exist within the street buffers along
Lost Rapids Dr. and N. Ten Mile Rd. A pedestrian walkway is proposed from the perimeter
sidewalk along Ten Mile to the main building entrance in accord with UDC 11-3A-19B.4;
another walkway is proposed from the building entrance to the north. If approved, Staff
recommends a minimum 5’ wide sidewalk is provided along the west side of the site alongside
the north/south drive aisle for pedestrian safety.
At a minimum, the plan is required to demonstrate compliance with the following standards:
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways, drive aisles
and the public right-of-way by patrons;
The site plan indicates capacity for 29 vehicles within the proposed stacking lanes. While this
would typically be sufficient, Staff is concerned it may not be sufficient for this constrained
site. These concerns are informed by ongoing traffic issues in the area and operational
challenges observed at the In-N-Out at The Village at Meridian. There, during the extended
City of Meridian | Department Report III. Staff Analysis
period following its opening—and potentially still during peak times—vehicle queues
exceeded site boundaries, spilling into internal drive aisles that serve parking for the broader
development.
In that case, the impact was mitigated by lower parking demand due to the area not being
fully built out, and the absence of overflow onto a public right-of-way. Since its opening a
year and a half ago, activity at that location has decreased, resulting in reduced stacking and
impact on adjacent properties.
While the addition of a second location may help distribute customer traffic, the proposed site
presents greater risk due to its proximity to residential uses, public right-of-way and other
high-traffic commercial uses. Vehicle queues may obstruct key internal drive aisles used for
on-site parking, the access driveway off Lost Rapids, and potentially the adjacent public
right-of-way (Lost Rapids Dr.), compounding existing circulation and safety concerns.
Many letters of opposition have been received from area residents and patrons of adjacent
commercial uses attesting to the traffic and congestion issues in this area and concerns the
proposed use will only exacerbate these issues.
2) The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designated employee parking.
Approximately 400 feet of the stacking lane is a separate lane from the circulation lanes
needed for access and parking; however, Staff is concerned stacking will extend from this
area and block circulation lanes needed for access and parking internal and external to the
site during peak hours. If approved, parking spaces nearest the stacking lane along the west
boundary of the site should be designated for employee parking only.
3) The stacking lane shall not be located within ten (10) feet of any residential district or
existing residence;
The stacking lane is not located within 10’ of any residential district or residence. The
nearest apartment building is approximately 80 feet from the stacking lane.
4) Any stacking lane greater than one hundred (100) feet in length shall provide for an escape
lane; and
The first 170+/- feet of the drive-through has a double stacking lane, which transitions to a
single stacking lane with an escape lane for the last 230+/- feet up to the pick-up window,
meeting this requirement.
5) The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The two (2) pay windows are located along and are visible from N. Ten Mile Rd. for
surveillance purposes.
The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window
location adjoins a residential district or an existing residence.
The site is separated from the multi-family development to the west by a 2-way drive aisle so
this requirement is not applicable.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-
4-3-49 for restaurants, as follows:
Parking: At a minimum, one (1) parking space shall be provided for every two hundred
fifty (250) square feet of gross floor area.
Upon any change of use for an existing building or tenant space, a detailed parking plan
shall be submitted that identifies the available parking for the overall site that complies
City of Meridian | Department Report III. Staff Analysis
with the requirements of this title.
Based on 3,886 square feet of gross floor area for the proposed restaurant, a minimum of
16 vehicle parking spaces are required; a total of 73 spaces are proposed, which meets
and exceeds the minimum standard.
D. Design Standards Analysis
1. Landscaping (UDC 11-3B):
“Require appropriate landscaping, buffers, and noise mitigation with new development along
transportation corridors (setback, vegetation, low walls, berms, etc.).” (Comprehensive Plan
policy #3.07.01C)
i. Landscape buffers along streets
Street buffers are required to be provided with development per UDC Table 11-2B-3
based on the street classification with landscaping per the standards in UDC 11-3B-7C.
A 35-foot wide street buffer was installed on this site along N. Ten Mile Road, an arterial
road and entryway corridor, and a 20-foot wide street buffer was installed along W. Lost
Rapids Dr., a collector street, with the subdivision improvements as required. Additional
buffer width is proposed with development of the site ranging from 7 to 11 feet along N.
Ten Mile Rd. and 22 feet along W. Lost Rapids Dr. with additional landscaping.
ii. Parking lot landscaping
Perimeter and internal parking lot landscaping is required to be provided in accord with
the standards listed in UDC 11-3B-8.
Planter islands are required to be placed at the ends of rows of parking to delineate and
guide traffic movement within the parking area, prevent cross space driving, and to
reduce the visual impact of long rows of parked cars. If approved, planter islands should
be added at the ends of rows of parking that abut the southern driveway for the site.
iii. Landscape buffers to adjoining uses
Landscaping within buffers to residential and/or non-industrial uses is required to comply
with the standards of UDC 11-3B-9C. No residential uses adjoin the site (the residential
apartments to the west are separated from this site by a driveway); therefore, a
landscape buffer is not required.
iv. Storm integration
Storm drainage is required to comply with the standards listed in UDC 11-3A-18.
v. Pathway landscaping
Landscaping is required to be provided along all pathways per the standards listed in
UDC 11-3B-12C. No pathways are proposed or required within the site.
2. Parking (UDC 11-3C):
i. Nonresidential parking analysis
As noted above, a minimum of one (1) off-street parking space is required per 250 square
feet of gross floor area for the proposed restaurant. Based on the 3,886 square-foot
building, a minimum of 16 spaces are required. A total of 73 parking spaces are
proposed, exceeding the minimum standard by 57 spaces.
ii. Bicycle parking analysis
A minimum of one (1) bicycle parking space is required for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G; bicycle parking facilities are required to comply with
the location and design standards listed in UDC 11-3C-5C. Based on the proposed
City of Meridian | Department Report III. Staff Analysis
number of vehicle spaces (i.e. 73), a minimum of three (3) bicycle spaces should be
provided. A total of four (4) spaces are proposed, which meets and exceeds the minimum
standard.
3. Structure and Site Design (11-3A-19)
Architectural character: Buildings are required to be designed in accord with the City of
Meridian Architectural Standards Manual (ASM). The conceptual building elevations
included in Section VII.E appear to comply with these standards; final design is required to
comply with the non-residential design standards in the ASM.
Site design: Extend or improve streets, drive aisles, cross access easements or similar
vehicular and pedestrian connections provided from adjacent properties. No cross-access
easements or driveways exist to this site from the adjacent property to the north. A 5-foot
wide sidewalk exists along the west side of the lot to the north adjacent to the north/south
drive aisle from W. Lost Rapids Dr. If approved, Staff recommends a sidewalk is also
provided on this site along the north/south drive aisle for pedestrian safety and access
to/from the north and from the sidewalk along W. Lost Rapids Dr.
For lots with frontage on a public street, a minimum of 30% of the buildable frontage of the
property shall be occupied by building facades and/or public space. The proposed site design
meets this requirement along N. Ten Mile Rd. with only a drive-through lane between the
building façade and the public street but does not meet the requirement along W. Lost Rapids
Dr.
Parking lots: For properties greater than two (2) acres in size, no more than 50% of the total
off-street parking area for the site shall be located between building facades and abutting
streets. The proposed site design meets this requirement along Ten Mile but does not along
Lost Rapids.
Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of five (5)
feet in width is required from the perimeter sidewalk to the main building entrance(s) for non-
residential uses. The walkway should be distinguished from the vehicular driving surface
through the use of pavers, colored or scored concrete, or bricks and have weather protection
(including, but not limited to, an awning or arcade) within 20 feet of the all customer
entrances. A pedestrian walkway is proposed from the perimeter sidewalk along N. Ten Mile
Rd. and along the northern boundary of the site to the main building entrance. If approved,
the pedestrian walkway along the northern boundary should connect to the sidewalk
required along the western boundary of the site; and all walkways that cross vehicular
driving surfaces should be distinguished as noted above.
“Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land
use decisions.” (Comprehensive Plan policy #6.01.02D)
E. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
Comprehensive Plan Policy 6.01.02B focuses on minimizing access points to arterial streets
by implementing strategies like cross-access agreements, access management, and
developing frontage and backage roads, while enhancing connectivity between local and
collector streets.
Access for the site is proposed via two (2) full-access driveways from the north/south drive
aisle that exists along the west side of the site, which connects to W. Lost Rapids Dr. Direct
access via N. Ten Mile Rd. is not proposed or allowed. This is in accord with the above noted
Comprehensive Plan policy.
City of Meridian | Department Report III. Staff Analysis
The Applicant submitted a traffic analysis focused on the Ten Mile & Lost Rapids area,
included in the public record. In short, the analysis states the proposed queuing capacity for
29 vehicles will provide sufficient storage capacity to accommodate vehicles observed at 18
other In-N-Out establishments once operations normalize. An overflow management plan is
identified, which will be implemented when drive-through lane overflow occurs and will
extend the available queuing area by an additional 21 vehicles to accommodate
approximately 50 vehicles on-site. The plan extends the queuing area by closing the southern
access point and re-purposing 14 parking spaces along the site's western boundary. This
modification limits access to a single entry and exit driveway at the northwest corner of the
site. While Staff doesn’t necessarily disagree that the proposal should be adequate once
operations normalize, Staff is concerned about the impacts to internal drives and
adjacent public right-of-way and associated public safety in the interim if vehicles stack
beyond the boundary of the site.
ACHD has indicated that no additional improvements are required to the adjacent
streets.
2. Sidewalks and Parkways (UDC 11-3A-17):
Sidewalks and parkways are required to comply with the standards listed in UDC 11-3A-17.
Detached 5-foot wide sidewalks exist along N. Ten Mile Rd. and W. Lost Rapids Dr abutting
the site. No parkways are proposed or required.
F. Services Analysis
1. Pressurized Irrigation (UDC 11-3A-15):
Underground pressurized irrigation water is required to be provided as set forth in UDC 11-
3A-15.
2. Storm Drainage (UDC 11-3A-18):
Storm drainage is required to comply with the standards listed in UDC 11-3A-18.
3. Utilities (Comp Plan, UDC 11-3A-21):
All utilities shall be installed at or below grade in accord with the City’s adopted standards,
specifications and ordinances. All development shall be connected to the City of Meridian
water and sewer systems, unless otherwise approved by the City Engineer.
Service stubs were provided to this property with development of the subdivision.
Comprehensive Plan Policy #3.03.03G requires that urban infrastructure be provided for all new
developments, including curb and gutter, sidewalks, and water and sewer utilities. Additionally,
all utilities for the proposed development must be installed in accordance with the standards
specified in UDC 11-3A-21.
“Support infill development that does not negatively impact the abutting, existing development.”
(Comprehensive Plan policy #2.02.02C) – Based on the above analysis and the public testimony
received, Staff believes the proposed development will have a negative impact on adjacent residential
properties. Concerns include deteriorating air quality from vehicle exhaust while cars idle in line for
service, and noise generated outside acceptable hours for areas next to residential uses. Additionally,
the proposed development will most certainly increase traffic and congestion in an area that is already
strained, further exacerbating existing transportation challenges.
As of the date of this report, 146 letters of public testimony, mostly in opposition to the project, have
been received and are included in the public record.
City of Meridian | Department Report IV. City/Agency Comments & Conditions
CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
Staff is not recommending approval of the proposed conditional use permit; therefore, conditions
of approval are not included. If the Commission wishes to approve the request, the project should
be continued to a subsequent hearing date for Staff to prepare conditions of approval for
consideration by the Commission.
Other agency comments may be accessed in the project file in the public record. Copy and paste
the following link into your browser:
https://weblink.meridiancity.org/WebLink/Browse.aspx?id=367313&dbid=0&repo=MeridianCity
FINDINGS
A. Conditional Use (UDC 11-5B-6E)
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.
Staff finds the site is not large enough to accommodate the proposed use and comply with the
specific use standards listed in UDC 11-4-3-11, which require stacking lanes to have
sufficient capacity to prevent obstruction of driveways, drive aisles and the public right-of-
way by patrons, per the analysis above in Section III.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Staff finds the proposed infill development will not be harmonious with the Comprehensive
Plan in that the proposed use and extended hours of operation will negatively impact
abutting existing residential development, area residents that live nearby traveling on Lost
Rapids and patrons of other commercial uses in the area due to excessive noise, traffic and
congestion.
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 the design and operation of the proposed use will not be compatible with other
residential and commercial uses in the general neighborhood, due to noise, air quality and
transportation impacts, which are already challenging in this area and will be exacerbated
with the proposed use as discussed above in Section III, which will adversely change the
essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Staff recommends denial of the proposed use as Staff finds the proposed use will adversely
affect other properties in the vicinity. Staff finds it is not practicable to develop conditions of
approval to adequately mitigate these adverse effects absent fundamental changes to the
proposed use.
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 the proposed use can be served adequately by essential public facilities and
services as required.
City of Meridian | Department Report VI. Action
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.
Staff finds 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.
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 finds the proposed use will be detrimental to persons, property and the general welfare
due to excessive production of exhaust fumes from vehicles idling in line for extended periods
of time, noise, traffic and congestion based on the analysis above in Section III and letters of
testimony received from the public included in the public record.
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 the proposed use will not result in the destruction, loss or damage of any such
features.
9. Additional findings for the alteration or extension of a nonconforming use:
This finding is not applicable.
10. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
11. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
ACTION
A. Staff:
Staff recommends denial of the proposed Conditional Use Permit as discussed above in Section
III, per the Findings in Section V.
B. Commission:
Pending
City of Meridian | Department Report VII. Exhibits
EXHIBITS
A. Project Area Maps
(link to Project Overview)
1. Aerial
2. Zoning Map
City of Meridian | Department Report VII. Exhibits
3. Future Land Use
4. Planned Development Map
City of Meridian | Department Report VII. Exhibits
B. Service Accessibility Report
City of Meridian | Department Report VII. Exhibits
C. Site Plan (date: 12/19/2024)
City of Meridian | Department Report VII. Exhibits
D. Landscape Plan (date: 2/21/2025)
City of Meridian | Department Report VII. Exhibits
City of Meridian | Department Report VII. Exhibits
E. Building Elevations (date: 9/18/2024)
City of Meridian | Department Report VII. Exhibits