HomeMy WebLinkAboutPZ - Staff Report for 6-26
City of Meridian | Department Report I. Project Overview
HEARING
DATE:
6/26/2025
TO: Planning & Zoning Commission
FROM: Nick Napoli, Associate Planner
208-884-5533
nnapoli@meridiancity.org
APPLICANT: Alena Kriachko
SUBJECT: H-2025-0022
Habit Burger Ten Mile
LOCATION: Located at 445 S. Innovation Lane in the
West ½ of the Northwest ¼ of Section
14, Township 3N., Range 1W.
PROJECT OVERVIEW
A. Summary
Conditional Use Permit request for a new approximate 2,426-square foot Habit Burger including
a drive-through, and escape lane located within 300 feet of an existing drive-through facility on
approximately 1.16 acres of land in the C-G zoning district.
B. Recommendation
Staff: Approval with the conditions in Section IV.
C. Decision
Commission: Pending
COMMUNITY DEVELOPMENT
DEPARTMENT REPORT
City of Meridian | Department Report II. Community Metrics
COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Vacant/Undeveloped -
Proposed Land Use(s) Commercial: Restaurant and Drive Through -
Existing Zoning C-G VII.A.2
Adopted FLUM Designation Commercial VII.A.3
Table 2: Process Facts
Description Details
Preapplication Meeting date 2/11/2025
Neighborhood Meeting 3/6/2025
Site posting date 6/11/2025
Table 3: Community Metrics
Agency / Element Description / Issue Reference
Ada County Highway District IV.K
• Comments Received Yes -
• Commission Action Required No -
• Access Private Street (S. Innovation) -
Meridian Public Works Wastewater IV.B
• Distance to Mainline Available at Site
• Impacts or Concerns See Public Works Site Specific Conditions
Meridian Public Works Water IV.B
• Distance to Mainline Available at Site
• Impacts or Concerns None
Note: See section IV. City/Agency Comments & Conditions for comments received, or see the public
record.
City of Meridian | Department Report II. Community Metrics
Figure 1: Service Impact Summary
Notes: See VIII. Additional Notes & Details for Staff Report Maps, Tables, and Charts.
City of Meridian | Department Report III. Staff Analysis
STAFF ANALYSIS
Comprehensive Plan and Unified Development Code (UDC)
A. General Overview
This property is designated Commercial within the Ten Mile Interchange Specific Area Plan on
the Future Land Use Map (FLUM).
The purpose of the Commercial designation is to provide a full range of commercial uses to serve
area residents and visitors. Desired uses may include retail, restaurants, personal and professional
services, and office uses, as well as appropriate public and quasi-public uses. Multi-family
residential may be allowed in some cases, but should be careful to promote a high quality of life
through thoughtful site design, connectivity, and amenities.
The subject site is one of the multiple commercially zoned and designated properties that
surround the intersection of Ten Mile, Franklin, and the I-84 Interchange. There is a variety of
commercial uses existing and under construction, with more available as this area continues its
build-out. The proposed use of a restaurant with a drive-through is one of the desired uses
outlined in the commercial designation of the comprehensive plan. While it was not envisioned
that the majority of the frontage lots would develop as drive-throughs (Costa Vida, Chick-fil-A,
Café Zupas, etc.), the market has driven them to develop largely as restaurants with drive-
throughs. The proposed use, in conjunction with the already approved or constructed uses,
satisfies the general Commercial future land use designation for this area. Staff find that the
proposed project is generally consistent with the Comprehensive Plan.
• “Minimize noise, lighting, and odor disturbances from commercial developments to
residential dwellings by enforcing city code.” (5.01.01F)
Operation of the proposed use should comply with City ordinances pertaining to noise,
lighting, and odor disturbances.
• “Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments.” (3.07.02A).
A 10-foot wide pathway is proposed to be constructed within the buffer area along the
entire frontage of S. Ten Mile Road, as part of the final plat site improvements approved
for TM Center Subdivision No. 1. Additionally, the Applicant is proposing a 5-foot wide
pedestrian walkway extending from this pathway along Ten Mile Road. Additionally, the
applicant has provided a pedestrian connection to the east that will connect with the
future sidewalk on the east side of Innovation Lane. The pedestrian facility provides a
connection passing through the drive-through lanes to the front entrance of the building.
• “Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City water and sewer service stubs have been provided to this site with the development of the
subdivision.
• “Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
While the subject property and drive-through are surrounded by several other drive-
throughs, the market for drive-throughs continues to be in demand within the city. While this
is not the intended vision for the area, it is an allowed use based on the C-G zoning. The
proposed drive-through restaurant will contribute to the variety of uses and fast-food options
on the corner of Ten Mile and Franklin.
City of Meridian | Department Report III. Staff Analysis
Table 4: Project Overview
Description Details
History H-2020-0074 MDA, PP, RZ (DA#2021-089157); FP-2022-0009; PS A-
2022-0188
Physical Features None
Acreage 1.16
B. History
In 2020, the subject property was part of a larger application for Ten Mile Crossing to rezone,
plat, and modify the existing development agreement to allow for a mixed-use development
consisting of a mix of commercial, employment, and residential. The subject property has sat
vacant since the previous approval.
C. Site Development and Use Analysis
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 Zupas and Costa Vida).
2. Dimensional Standards (UDC 11-2):
Development of the site hall comply with the dimensional standards of the C-G zoning
district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations
and they comply with the required standards.
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.
In order for the outside travel lane to function as an escape lane as required for drive-
throughs that exceed 100 feet in length, Staff recommends that no stacking is allowed in this
area. Signage should be installed notifying patrons not to block the escape lane.
The site plan is required to demonstrate safe pedestrian and vehicular access and circulation
on the site and between adjacent properties.
A sidewalk is proposed along the east side of Innovation Lane to allow for safe pedestrian
access to the east and west once it's been developed. Because a private street (Innovation
Lane) runs along the eastern boundary of the site that provides access to adjacent properties,
a cross-access easement/driveway is not required to be provided to adjacent properties to the
north and south. The applicant depicts two (2) pedestrian connections, one from the ten (10)
foot multi-use pathway along Ten Mile Road and one from S. Innovation Lane. However, the
material for delineating it from the drive aisle was not specified. This shall be specified with
the submittal of the certificate of zoning compliance and design review.
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;
City of Meridian | Department Report III. Staff Analysis
The site plan accommodates queuing for a minimum of ten (10) vehicles before the pickup
window. Based on data provided by the Habit Burger, this appears to be sufficient. According
to the applicant, their other locations serve approximately 80 vehicles per day, typically
maintaining a queue of around four vehicles, with occasional peaks of eight vehicles. In
anticipation of heightened interest during the initial opening period, staff have discussed
traffic management with the applicant and recommended implementing temporary traffic
control measures to manage potential surges in demand.
2) The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designated employee parking.
The stacking lane is separate from the escape lane and main drive aisles. If the drive-through
stacks past the ten (10) car allotment, it will spill into the main drive aisle but will not impede
entering or exiting from the property.
3) The stacking lane shall not be located within ten (10) feet of any residential district or existing
residence;
The stacking lane is not located within 10’ of any residential district or residence.
4) Any stacking lane greater than one hundred (100) feet in length shall provide for an escape
lane; and
The stacking lane is greater than 100 feet from the point of entry to the drive-through window;
therefore, the stacking lane exceeds 100’ in length and an escape lane is required. An escape lane
is depicted on the site plan.
5) The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive-through is located on the west side of the building and is visible from Ten Mile Road.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-
49 Restaurant, which requires at a minimum, one (1) parking space to be provided for every 250
square feet of gross floor area. See parking analysis below.
D. Design Standards Analysis
1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19):
Extend or improve streets, drive aisles, cross access easements or similar vehicular and
pedestrian connections provided from adjacent properties. No cross-access easements are
provided to the properties to the north and south. The subject property will be accessed from
a private street on the eastern boundary of the property. Currently, along this eastern
boundary there is not a sidewalk, however with future development, there will be a sidewalk
on the east side of the private street that will connect with the businesses. The applicant
revised their drawings to provide a pedestrian connection to the building from the ten (10)
foot multi-use pathway along Ten Mile Road.
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 Ten Mile Road with only a drive-through lane between the
building façade and the public street.
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 Road.
City of Meridian | Department Report III. Staff Analysis
2. Landscaping (UDC 11-3B):
i. Landscape buffers along streets
A 35-foot wide street buffer is required along Ten Mile Road, an entry way corridor and
arterial roadway. The Buffer shall be landscaped per the standards in UDC 11-3B-7C.
The proposed landscaping was installed with the final plat for Ten Mile Crossing. The
combination of the existing and proposed landscaping exceeds the minimum
requirements.
ii. Parking lot landscaping
Landscaping is required to be provided along all parking areas per the standards listed in
UDC 11-3B-8. The proposed landscape plan does not meet the minimum requirements.
The City’s Public Works Department required the removal of 4 trees from planter islands
due to easements. The applicant shall apply for alternative compliance with their
certificate of zoning compliance application to relocate the trees on site. Additionally, the
applicant shall provide vegetation coverage calculations with the submittal of the
certificate of zoning compliance submittal.
iii. Landscape buffers to adjoining uses
Landscaping is required to meet the standards of UDC 11-3B-9. The landscape plan
meets the minimum requirements.
iv. Tree preservation
Mitigation shall be required for all existing trees four-inch caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an
amount of one hundred (100) percent replacement (Example: Two (2) ten-inch caliper
trees removed may be mitigated with four 5-inch caliper trees, five (5) four-inch caliper
trees, or seven (7) three-inch caliper trees). Deciduous specimen trees four-inch caliper or
greater may count double towards total calipers lost, when planted at entryways, within
common open space, and when used as focal elements in landscape design.
The applicant shall preserve and protect the existing trees in the neighboring properties
landscaping buffers. If trees are proposed to be removed, the applicant shall provide
mitigation calculations with submittal of the certificate of zoning compliance application.
v. Storm integration
Storm drainage is required to comply with the standards listed in UDC 11-3A-18.
vi. 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.
3. Parking (UDC 11-3C):
i. Nonresidential parking analysis
A minimum of one (1) off-street parking space is required per 250 square feet (s.f.) of
gross floor area. Based on the 2,426-square-foot restaurant, a minimum of 10 parking
spaces are required. A total of 57 parking spaces are proposed, exceeding UDC standards.
ii. Bicycle parking analysis
A minimum of one (1) bicycle parking space must be provided for every 25 vehicle
spaces or portion thereof per UDC 11-3C-6G; bicycle parking facilities are required to
comply with the location and design standards listed in UDC 11-3C-5C. Bicycle parking
is shown on the plans submitted with this application that meet the requirements. A
City of Meridian | Department Report III. Staff Analysis
detail of the bicycle racks shall be provided on the landscape plan submitted with the
future Certificate of Zoning Compliance and Design Review Application.
4. Building Elevations (Comp Plan, Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structure as shown in Section
VII.C. Building materials consist of stucco, brick, metal panels, metal awnings, and glazing.
The proposed conceptual elevations are not approved. The final design is required to
comply with the adopted TM Crossing Design Guidelines.
E. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
The site plan includes two (2) access points from S. Innovation Lane, a private street located
on the eastern side of the property. Vehicles accessing the site can do so from the northeast,
or southeast and have the option to park in the lot in front of building or proceed northwest to
drive-through lane. These lanes are equipped with menu boards for ordering and allow for
exiting back to the drive aisle in the southeast direction. The second lane, farthest from the
building, serves as an escape lane, leading to the drive aisle along the south side of the
building.
2. Multiuse Pathways (UDC 11-3A-5):
An existing multi-use pathway exists along Ten Mile Road, this shall be preserved and
protected during construction.
3. Sidewalks (UDC 11-3A-17):
The proposed plan was revised to include a pedestrian walkway from the Multi-use pathway
along Ten Mile Road. Where pedestrian walkways cross vehicular driving surfaces, they’re
required to be distinguished from the vehicular driving surface through the use of pavers,
colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The site/landscape
plan shall be revised to specify the material being used for the connection. If the connection
crosses through the drive aisle, it shall be delineated from the driving surface through
pavers, colored or scored concrete.
F. Services Analysis
1. Pressurized Irrigation (UDC 11-3A-15):
An underground pressurized irrigation system is required to be installed to provide irrigation
in accord with the standards listed in UDC 11-3A-15.
2. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments by the City’s adopted
standards, specifications, and ordinances. Design and construction shall follow best
management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage
will be proposed with a future Certificate of Zoning Compliance application and shall be
constructed to City and ACHD design criteria.
3. Utilities (Comp Plan, UDC 11-3A-21):
Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development. All
utilities are available to the site. Water main, fire hydrant and water service require a twenty-
foot (20) wide easement that extends ten (10) feet past the end of main, hydrant, or water
meter. No permanent structures, including trees are allowed inside the easement.
City of Meridian | Department Report IV. City/Agency Comments & Conditions
Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new
developments, including curb and gutter, sidewalks, water and sewer utilities.
CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. Future development of this site shall comply with the previous conditions of approval and
terms of H-2020-0074 MDA, PP, RZ (DA#2021-089157); FP-2022-0009; PS A-2022-0188
and the conditions contained herein.
2. The site plan and/or landscape plan, as applicable, shall be revised with the certificate of
zoning compliance application as follows:
i. No stacking is allowed in the outside travel lane that serves as an escape lane; depict
signage notifying patrons not to block the escape lane.
ii. Signage shall be installed ahead of the western crossing, warning drivers to watch out for
pedestrians.
iii. All mechanical equipment on the back of the building and outdoor service and equipment
areas should be incorporated into the overall design of buildings and landscaping so that
the visual and acoustic impacts of these functions are fully contained and out of view
from adjacent properties and public streets as set forth in UDC 11-3A-12.
iv. Provide details for what material will be used to delineate the pedestrian connections
from the drive aisle.
v. Apply for alternative compliance for the relocation of the trees that are in public works
easements.
vi. Install curbing or boulders on the northern property boundary, where there are two
existing curb cuts, to prevent the northern property from accessing your site.
3. Compliance with the specific use standards listed in UDC 11-4-3-49 and 11-4-3-11 is
required.
4. Preserve and protect the existing landscaping on the north, south, and west buffers of the site
during construction, per UDC 11-3B-10.
5. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
6. The conditional use permit is valid for a maximum period of two (2) years unless otherwise
approved by the City. During this time, the Applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of permanent footings or
structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be
requested as set forth in UDC 11-5B-6F.
City of Meridian | Department Report IV. City/Agency Comments & Conditions
B. Meridian Public Works
City of Meridian | Department Report IV. City/Agency Comments & Conditions
City of Meridian | Department Report V. Findings
C. Ada County Highway District (ACHD)
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 large enough to accommodate the proposed use and meets all
dimensional and development regulations of the recommended C-G zoning district.
City of Meridian | Department Report V. Findings
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 restaurant and drive through use will be harmonious with the
Comprehensive Plan and is consistent with applicable UDC standards with the conditions
noted in Section IV of this report.
3. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
Staff finds the design, construction, operation and maintenance of the proposed use should be
compatible with other uses in the general neighborhood, with the existing and intended
character of the vicinity and will not adversely change the essential character of the area.
The Habit Burger is not proposing to deviate from the neighboring businesses in hours of
operation and is not adjacent to existing residential but will be neighboring a future
residential use to the east.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
Staff finds the proposed use will not adversely affect other properties in the vicinity if it
complies with the conditions in Section IV of this report.
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 will be served by essential public facilities and services as
required.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Staff finds the proposed use will not create 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 not be detrimental to any persons, property or the general
welfare by the reasons noted above.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance.
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.
City of Meridian | Department Report VI. Action
ACTION
A. Staff:
Staff recommends approval of the proposed CUP application and finds it in conformance with the
Comprehensive Plan, UDC with the conditions included in Section IV. and Findings in 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: 5/5/2025)
City of Meridian | Department Report VII. Exhibits
D. Landscape Plan (date: 5/5/2025)
City of Meridian | Department Report VII. Exhibits
E. Building Elevations (date: 5/5/2025)