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HomeMy WebLinkAboutEl Pollo Loco H-2025-0018 Findings CITY OF MERIDIAN wl IDIAN;=-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND � DAHO DECISION& ORDER In the Matter of the Request for a Conditional Use Permit for a 2,000 Square Foot Drive-Through Establishment within 300 feet of Another Drive-Through and Residential District,Located at 3471 W. Chinden Boulevard in the C-G Zoning District,by AND Architects. Case No(s).H-2025-0018 For the Planning& Zoning Commission Hearing Date of. June 51'',2025(Findings on June 26', 2025) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of June 5r'', 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 5t'',2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5t'',2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 26t'',2025,incorporated by reference) B. Conclusions of Law I. 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. §67-6503). 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 April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 1 62 upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of June 5t'',2025, 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 § 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 request for a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of June 5r'',2025,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-6F.1. 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 signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 2 63 By action of the Planning&Zoning Commission at its regular meeting held on the 26th day of June ,2025. COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER ANDREW SEAL VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER SAM RUST VOTED Maria Lorcher, Chairman 6-25-2025 Attest: Chris Johnson, City Clerk 6-25-2025 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. 6-25-2025 By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 4 65 G. Attached: Staff Report for the hearing date of June 5th, 2025. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 3 64 Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN*,-­ DEPARTMENT REPORT HEARING 6/5/2025 Legend DATE: Project Location City Limits 0 TO: Planning&Zoning Commission ::: Area of Impact O Analysis FROM: Nick Napoli,Associate Planners" 208-884-5533 ' nnapoli@meridiancity.org APPLICANT: Steve Shaw SUBJECT: H-2025-0018@ El Pollo Loco LOCATION: Located at 3471 W. Chinden Boulevard in a portion of the northeast'/4 of Section 27,TAN.,R.1W. L PROJECT OVERVIEW Summary A Conditional Use Permit(CUP) is requested for a 2,000 square foot drive-through establishment within 300 feet of another drive-through and residential district. The site consists of 0.87 acres in the C-G zoning district. Recommendation Staff. Approval with conditions. Decision Commission: CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 5 66 II.COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Restaurant/Drive Through Establishment - Existing Zoning C-G(General Retail and Service Commercial District) Proposed Zoning C-G(General Retail and Service Commercial District) Adopted FLUM Designation Commercial Table 2: Process Facts Description Details Preapplication Meeting date 2/4/2025 Neighborhood Meeting 3/27/2025 Site posting date (Click or tap to enter a date) Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District Comments Received Yes Commission Action Required No Access Private Drive Aisle ITD Comments Received Yes Meridian Public Works Wastewater Distance to Mainline Available at site Impacts or Concerns No Meridian Public Works Water Distance to Mainline Available at site Impacts or Concerns No Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 6 67 Figure 1: Service Impact Summary ImpactService • • Ready a 0 0 0 0 0 0 0 Marginal 0 0 Caution 0 e wave oa� � CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 7 68 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property is designated as commercial on the Future Land Use Map(FLUM). The use of a restaurant and drive-through establishment is consistent with the plan for the commercial designation. The site is among several commercially zoned properties at the corner of Chinden Boulevard and Ten Mile Road in the Lost Rapids Subdivision. The proposed use of a restaurant with a drive- through aligns with the desired uses specified in the Commercial designation in the comprehensive plan, as noted above. In conjunction with the neighboring drive-throughs(Key Bank, Swig,Dutch Bros, and Slim Chickens) and Costco to the south,the proposed use satisfies the commercial FLUM designation for this area. While the comprehensive plan did not envision all the lots fronting Chinden Boulevard as drive-throughs,the market has led them to become drive-throughs. In addition,El Pollo Loco has indicated their hours of operation are intended to be 10 am to 11 pm,which is consistent with the UDC and the surrounding businesses. The hours of operation were an important factor during the original entitlement of the subdivision from the neighboring subdivisions. A restaurant is a permitted use in the C-G zoning district,but the drive-through is within 300 feet of a residential district, and another drive-through triggers the requirement for a conditional use permit. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.0117) The location of El Pollo Loco is not directly adjacent to a residential use or district but within 300 feet of one. The hours of operation are proposed to be 10 am to 11 pm, which is consistent with the neighboring businesses. Operation of the proposed use should comply with City ordinances regarding noise, lighting, and odor disturbances. • "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 Chinden. • "Encourage the safety,health, and well-being of the community."(5.01.01) The applicant has indicated that El Pollo Loco provides a healthier alternative to similar fast food in the area, as their chicken is grilled. Staff have also received several phone calls from the community in support of this restaurant and location. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.0117) City water and sewer service stubs have been provided to this site with the development of the subdivision. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 8 69 Table 4: Proiect Overview Description Details History H-2018-0004(CPAM,AZ,PP,VAR—Lost Rapids);H-2019-0056(FP); DA Inst#2018-079970;PBA-2022-0019. Acreage 0.87 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 a portion of Lot 5, Block 1,Lost Rapids Subdivision. Additionally,this property and the neighboring property to the west(SWIG)had a property boundary adjustment done in 2022 to make this site larger and the neighboring property smaller. C. Site Development and Use Analysis 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 11-213-3. In this case,the property is within 300 feet of another drive-through facility directly to the north(i.e. SWIG and Dutch Brothers), and existing residences/residential district to the west(Bainbridge Sub No. 12). Additionally, it is important to note the applicant is providing two tenant spaces on the property. The first being for El Pollo Loco(Restaurant and Drive Through) and a shell space that will later be developed as retail or restaurant use. Both uses are permitted in the C-G zone. Dimensional Standards (UDC 11-2): Development of the site hall comply with the dimensional standards of the C-G zoning district in UDC Table 11-213-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. The proposed hours of operation are 10:00 am to 11:00 pm which is in compliance with the C-G zoning district. Since the property does not directly abut a residential district the hours of operation are not restricted. 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 southern boundary of the site for safe pedestrian access to the east and west. Because a private drive-aisle runs along the southern boundary of the site that CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 ■ Page 9 provides access to adjacent properties to the east and west, a cross-access easement/driveway is not required to be provided to adjacent properties to the east and west. The applicant revised their plan to depict a pedestrian connection from the sidewalk along the southern drive aisle. 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 accommodates queuing for a minimum of eight vehicles before the menu board and twelve vehicles before the pickup window. Based on data provided by El Pollo Loco, this appears to be sufficient. According to the applicant, their Southern California locations serve approximately 325 vehicles per day, typically maintaining a queue of around six vehicles, with occasional peaks of seven to 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 12-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 W. Chinden Blvd. and from the drive aisle along the southern boundary of the site for surveillance purposes. 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 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. The subject property will be accessed from a shared private drive aisle on the southern boundary.Along this southern boundary runs a sidewalk for pedestrian connectivity for the large development. The applicant revised their drawings to provide a pedestrian connection to the building from the sidewalk along the southern drive aisle. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 10 71 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 W. Chinden Boulevard with only a drive-through lane between the building fagade 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 W. Chinden Boulevard. Landscaping (UDC 11-3B): Landscape buffers along streets A 35-foot wide street buffer is required along W. Chinden Boulevard, an entry way corridor 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 Lost Rapids Subdivision. The combination of the existing and proposed landscaping exceeds the minimum requirements. 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 appears to meet the minimum requirements. The applicant shall provide vegetation coverage calculations with the submittal of the certificate of zoning compliance submittal. Landscape buffers to adjoining uses Landscaping is required to meet the standards of UDC 11-3B-9. The landscape plan meets the minimum requirements. 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 ofzoning compliance application. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along W. Chinden Boulevard. 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. Parking (UDC 11-3C): Nonresidential parking analysis CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 11 72 A minimum of one(1) off-street parking space is required per 250 square feet of gross floor area for the proposed restaurant. In this case, staff is going to assess one(1) space per 250 square feet of gross floor area for both tenant spaces, as it will allow for a restaurant to occupy the empty space in the future.Based on the 3,250 square foot building, a minimum of 13 spaces are required.A total of 24 parking spaces are proposed, exceeding the minimum standard by 13 spaces. 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 number of vehicle spaces (i.e. 24), a minimum of one(1) bicycle spaces should be provided. A total of two (2)spaces are proposed, which meets and exceeds the minimum standard. Building Elevations (Comp Plan,Architectural Standards Manual): Goal 2.09.03A of the Comprehensive Plan highlights establishing distinct, engaging identities within commercial and mixed-use enters through design standards to integrate commercial, multifamily,and parking areas with existing neighborhoods. In response,the developer has submitted conceptual building elevations for the proposed structure as shown in Section VII. Building materials consist of stucco,metal awnings, and glazing. The proposed elevations do not meet all the standards listed in the ASM and the Development Agreement. Staff is recommending additional fenestration along the North fagade. The additional fenestration may be achieved through alternative measures or faux windows. Staff will work with the applicant during the design review phase. The final design is required to comply with the Architectural Standards Manual for Commercial Design Guidelines. E. Transportation Analysis Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B emphasizes reducing the number of access points onto arterial streets by utilizing strategies such as cross-access agreements, access management, and the creation of frontage and backage roads,while also improving connectivity between local and collector streets.Access is proposed via the east/west private drive aisle along the southern boundary of the site; direct access via W. Chinden Blvd./SH 2O-26 is prohibited. A reciprocal cross- access easement exists between all lots in the subdivision as noted on the Lost Rapids subdivision plat. Multiuse Pathways (UDC 11-3A-5): An existing multi-use pathway exists along W. Chinden Boulevard, this shall be preserved and protected during construction. Sidewalks (UDC 11-3A-17): The proposed plan was revised to include a pedestrian walkway from the Multi-use pathway along W. Chinden Boulevard. 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-1913.4. 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. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 12 73 F. Services Analysis 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. 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. 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. Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities. IV. CITY/AGENCY COMMENTS& CONDITIONS Meridian Planning Division 1. Future development of this site shall comply with the previous conditions of approval and terms of H-2018-0004(CPAM,AZ,PP,VAR—Lost Rapids); H-2019-0056(FP);DA Inst# 2018-079970; PBA-2022-0019 and the conditions contained herein. The site plan and/or landscape plan, as applicable, shall be revised with the certificate of zoning compliance application as follows: 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. Signage shall be installed ahead of the north/south crossing,warning drivers to watch out for pedestrians. Provide details for what material will be used to delineate the pedestrian connections from the drive aisle. 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. Update the landscape plan the match the site plan. 2. Compliance with the specific use standards listed in UDC 11-4-3-49 and 11-4-3-11 is required. 3. Preserve and protect the existing landscaping on the north, east, and west buffers of the site during construction,per UDC 11-3B-10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 13 74 4. 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. 5. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). 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H-2025-0018 Page 15 76 C lereral C_udiGuax or App"o. 1_ Applw=L shall LNKirdmatc w LL7 aThd srwLT mruo srru WW nmuo6 wiLb the Public Wurks 2_ 1`L7 Mcrmlian C ily Cadu(MCJI.').Ibr applwaiiiiL shall be mxjwasibk Iu imEal1 x, 7 and wakr imams Lo and Lhnmgh Mom dLrckr]mmcrrL- Apple; l rror be uliKlbk for a m rr*mL rsrnLan agm cmmm Jnr mfrastrLxiurc rnhaocLmrcnt pL7 MC_U R 6 5_ 3_ TbL aMlaanl Aull pmyxk LasL7rwoLlx)Cur all pmMic waudscwcrmarmours.du ofpubhrngtrl of way(imludr all waLc7 scrvmxs and hydrants). ScwcmLwmLcr L2=7m[A Farms LkpoKbagLm scwcr dcpl]L YLv.L7 0 20 rL dcgi nqmm a 30 ill LawcmmnL,20 25 11 m 40 L1 casLmrnrt,and 25 30 1.1 a 45 It LusL7 M. 1"vLs nu pLTmanuoL raruu s(Ir=,hn bs .hw Idrn$s,carp Ttm'Lraxh MLL3Narlc walls,JLm ._infdLraLinn trti cbLx,]rghL poIL3,LbL.)arr bmlt wLLhm the uLi]rty mscmLmL. UbMIL m cxaculLtiLcaxcrnL7r1(sm the Gran avwLmhlr fmrn Public WurU).a legal dcsc7iplr pr TT d by m klhho L. L7 d Pmkssmmal La xl Sm Lyur,whIL+must iocludc ilrc a M ur lhu La WLmL (rn2r6d EXHIBIT A)am!au li FT'T'x I L"nmp with bLarinp wad dixlm ua(nmrkLMl EXLJ LHTJ'd3) fix mviL� .IkAh LmbilmLxinast he sxalcrl,signed and dand by a PmJL�slimal land Vmmi:} .LX) NC"'RECORD. d_ lTw cay urMcrrdiam TcL]LurLs Lbz L prmurinnd wngalmm sys7L7ns be supphcd by a year Tuurd sLwra ofwaLn CUM'11 3116).Tic-aMumurlabuuld hL'Tugum 1.La asuamycxrsbng%=EG -m w0l waicr We Liu lmr y sLm - Il'a smrlaoc or wul]s -is m A aradabk.a singlc puny Lmon,mliou lu Ida:ud mart'uratLz myslcm shall bL rayLurcd.If a mmglc 1rumL Lmowu liun is Lruha:A Lhc di:%YkLpLT will Ix Tcspamsrblc for drr paymrni ol'as mww7rts Jor thr commun areas prrur Lu prruT up rcL7:ivnig dcvL:luprtK:mL plan apprisval. 5_ Any AmLYurum LhaL an:allnwrd lu n--mrn shall&YuhjLmL Iri cralualiun and pnmsiblc nmsignmi:m] of=M1 a WIX aing lu be in LNmrlr]rarrL+c WAK MCC. 6_ All imgalism diLchLz,ruwls,Ia1Lr.LIs,4m drarngcxclusrxc of nalural wakrways,inLLTsuc[mg, LmiL sing ur laying mdjau mL and cuMrgurrus;Lo ihra bcmg suhdrrrdud shall lic adLbcsa7l rL7 UIX:1] 3A 6. In perkK mg such work,the aWlimrrishall mrmply wah Idaho Cbdc 42 1207 and any nlhrr a39rliLZML law uT rrgubuun. 7_ Amy wc1 Is lhal wi II MA Lvmlinuc in Tic uxLTJ must bu pro]x71y ahanrduncd aLtiNmhog Lir Ldahn Wcll Canxlru1mm SLwm:uTLs LWIL:s administm d by LIIL kL"p LkporumaL of Wa1LT KL m3wcL-m. TIOL: Ilumkgrcr-m]`.ngirmxrAwJl pw6dL a slnlun m2mid u-saamg w1mAiLr WLTL arL:any rimsmg VPUI&ill. Ek dcvckjmwnt,and rf so,hrrw lhcy wi 11 Lmououc lu be used,or provmlc ix-v Td of Lhcn aban&mzrm rL ]� Any cnisLing pbrsyslcros walun Lhim prujucL shall Ix rnnuxal fmrn wwwc per City t]rdirrmrac %k Lmm 4 L 4 and 4 1 R_ {AmEL l C'cniml Lhstna Llmllh forabmr lnomi:ML procedures and umpmtkiins(2=)375 52 L 1_ 9_ All mgrrowmicak mLaLLA to pubic lik,sakly and healLh Aidl be nmrlr]Licd Fff L Lo occupy y of 1121L 31trucLura_ 10. App lwanL shall bL Tcyu iFLA to lKLy Public Works dcvclopmont per rLvww,and 4:omLrucuun inYpcL-LKm V=,m dac7Tmmod dunng Lhc phnn�Kw pTLxrL,pom W rhr eau L 01'a]elan appruxal Icucr_ 11. ]L shall Im fk-ruNpLwLsrbrhly of the aMliL-md lu cmuTc Ibw all dcxcl4pLx7rl ILaLua�cwmply with Lh-Ana7Tt with ULsabdruL ALY and LIr Fay Llnusiog Acl. 12. ApplwanL shill be nspKmsibk Iiir applwMLLuio and LymrlpllaocL wiLh zmy SLrlwat 4Cri J`LTnuLUog lhaL may hL mquwcd by Lhr Army Ow7w of TigmmTs. 13_llk ckyjr 7 shall micirdrrsuu mw1hAm lmx di4ms wall 1hL Meridian lk a C}Il'ar. 14.Cbmp icuun bmt nxLL]Ls shall Ix sutrmFLIW lu Lint.M4.nd3aa Bwkbog Llepm tmLmL k u all bw IdLng pads rLmcivmg ayg3mLTvd backG II,w1hurc foouog w+mld mil alup Jill ma cral. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page16 77 13. TbL clL3rgn crLgrrkccr shall be n.Nuucd m,LLTury EhGmL Lhr An-a cLmLvl IOL clrvaLKnLs Luc Nd a nuolmum Ld'3 IcLl ahn1+ Lk hl&3t L3r21bl3slLad Peak gnwndwzrcr rlrs'alrLaL. 'L'blx Is Iu Lms, LI10L LhL hilllllm LksaLlrlo nfibL Mwl spmxs ur h=L3 Is aA ILasl I lira[shun. 1& I&HMIIL'anLs LILY.lgn LM8ULa[rsball he n--srK II!'rblr Gu rrtapLxixmol'all Imgawpn andlur dramagc IaLIIILy vnLluo Lhls pmJaL Lhat do ml Iall wwJL7 Orr pr1W iciKwL of m=puian LLsLncL Lrr ACLI L}_Tbc dL31gn Lmgmocr shall Proykk LL-rulicawm Ibal OLr 1krIhlK:s bavc biro inAalkd m accwd+rrr wrLll dw 2ppm 4:d rk-slgm plain_This adilkmUun will hL rclpmrnl brl;r acLrLihmiL ur ocrupanLy 3s LaauLd liw mry%LmLli�s wKhm drr PmigL 1. 17. At Ehe Lximpk[lom ordw pmjcLE,IbL apphcmMshall be n.3pulkmble LomtrmrL rLL4K-d druurnppLT [hc City Aunpil.AL}Amdardx. 11u3 ri:yNKd druwrog WILLs1 lrc r=1VLd and ap]mil�d prior tit Lhr Issminm i fa LL-rulicampn LIfmcquaLy Lirr any r.UiL7urL-.i wrLlua Lhc pno-jrCL. 1N. A NMLI light plml will orxd lu bL roLlwLLd to IbL Lml a Nn.L;lrnLY]LVLPIans.SLroLL hgbL plan n.Nuvcrn-nl.N arc IlsLcd in n Lluo 6 5 mf Llrc Lmpros'i:=Lmt:4.m L%3r&fur MFLLL I.Igbumg.A aupy urtbL Aaodwdy,can be k nd aJ ILLy1:rwww.nlrnihaurLy�rstlplLhhr_wurkxasryx'.'rd-372 11). I&L'IIy ur Mi'['nllun rupurL's IhaL Lhl'I]wmLT pusl to 11m Lh1}'a M-rk rmmL'L'surely Im dw amourlL ur 125%ur Ibe lolal cxaiLNlnuwun curi Gw all i=n'lIL'EL%L3 LT,waILT and rLUW rnL'mxlructuix pnur mt Final plat s16mahuc.17us sLucLy 1n1I be vcnrrcd by a Imc rLL-m Lmt LNLlrrldlc pruwickA by Ehc owner lu thL CAy_ThL su ly cm bL rypsEcd m Lhr roam ml'm nTL mdhk kuL ur cwda,cash 11L'pL [m hLV L ApplK L must Li IL m apphLalKw1 Gorr sLmAy,which cam bL round m Or: ('Im irnouly l'kwclopairm lL1rre.1mcMwcbs3Lc. FiLxsruLallaA L LLM DLVdUp7MEL LkTVXL:ISM =m mlbffn=Lam at 987 2.211. M.Tlipi;chLy urMcnillanrcqurL3lba[Ole uwrrLT pLre1 Lu ft VigaNvwnmLynwAy m Lbu=miiiinlvr AM ur Ibc kraal txmLaruLKwm cusl Lor all camplcw d m wur,vmuz and ri:w r iinihm la[mc Iirr dwra[.loo oftwu ycarx This sLLraAywill be vcnl"by a Imc ILcm rust L3arrraLc pruwllk:d by Ehc uwrlcr lu Ehr[)[y_TbL surLLYcan hL Prlydall m Lhr rwm of as mLvucdblc koLLT ur OXAL,+a"h L1LpL [m I ri. ! Aryli!LanL must li IL m appbmiKwL roc sL Ey,which cm hi:Fuuad um the Opii rrllw Ly LkvLlopnaml L)LTarinrcntwchmLc. Pkas cxmLa-1 lamd lkY kgwrrcM SLT Kr Gorr mare oLliwlrulLulo aL HX7 7211. V.FINDINGS 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. The Commission 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. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission 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. The Commission 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. El Pollo Loco is not proposing to deviate from the neighboring businesses and nearby residents request to have all businesses closed by 12:00 am. In addition, the subject site is not directly adjacent to a residential use or zone. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page17 78 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 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. The Commission 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. The Commission 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. The Commission 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. The Commission 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 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: The Meridian Planning&Zoning Commission heard this item on June 5', 2025.At the public hearing.the Commission moved to approve the subject conditional use permit request. 1. Summary of the Commission public hearing a. In favor: Stephen Shaw b. In opposition:None c. Commenting:None CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 ■ Page 18 d. Written testimony: Wade Ramsey,Bainbridge HOA President,reiterating neighboring subdivision would like the business to close prior to midnight with no overnight deliveries. e. Staff presenting application:Nick Napoli f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. The commission ask the applicant about delivery times and the applicant indicated they would try to do deliveries during the day to avoid conflict with the neighboring subdivisions. 4. Commission change(s)to Staff recommendation: a. None CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page19 80 EXHIBITS Project Area Maps (link to Project Overview) Aerial Legend ,7 Project Location Area of Impact ®Analysis tilvigowl■� *stir ae' rl�l�4, p s or�ri arl ' I piRr AAIR�a�s ia':aiq`R '" � iYAwe •c_' r r� AiKa�, 1 nurpaul I216+44 4 .Cnl... t+ - �F: I - -�Fa.�: e•sg ��.�� .H ?ae lalne� A e 1 r ...t rlmi�mm ean.r.•m - ar. :'w RI AA'1T! 011141 IR R _ _ pp ■des■ . �• dsr�e. e�..e IX sW - i _ '�` �IPIF�aM{4iFrJwl{111+i ♦ - ,p� w 11 U � 1{ i1 AAA 1lQ�!r1�IiY rlifye■/� �I ruieRyir sFnsi+r+ >s?�1'r } a1P1 a IFI iR RAI1No. r1YR� 11'Y ■eea1���A � tlF lri-7 � jai` -�Ir�al�eeyRw yb,*. AE sn :�► �w .�► Ri1tlXRrR11Ff I�';°� °gy o:>1DtE! 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'mnrna� lit NINE _ ���'�� ���--C o11\ ;..■•• .� • �. ♦ n�_�nrnrn■*sir N Illun �[.i1'J_hlj-•=..�I h •;:•p. •�Ir ari� �mnlnnnnlu. ,� h. a �rlunrlrlA Q�rinuu -- j owl �RIr��.�' : :�•.ruu m1i'e lgjal_�■ rr�1;�llt� tlnlnnl►i'��mm� q� R_ -�r�I�V�E.EI IC` ■ ••EII!!IlnH'�'� al ■■r11! Y■rrrNINE t1•'� JII/r►�=1aAQ-tr-�uu�•� �� •.uononr..��E=� ::■w •�A ♦ 4mn 'r.a EIIIIIII Alll►r l uuu° n�1 1 rr �� fr "r parr iiiiiiiii ♦�rrn.r �J.���ak _. .. rinnl krill►a='_�► •III►��a � !a► �:i11n■anrlunr nlrJ gyp_,::! .AHrr n!n.• ■m uneE;�e�m�wl ili Ulli\,f r aar�v��Hiii uuuuul .� •IIn 11H1 Ir111\=1/■. Iurrnllnnnlll nlulu E!r nnW\� r.El•�• �- ++s�11 Inwn!r�ours W■►► F-1 no llrlr a++r■■arHrr � porn •:IinIN■�jn � Qi111111 �1 \Iilu17 r 'r uunnllr►� rann�� �. nnn■oou ■■■■rmn■■rI• ♦lt/11,:■a■•1 A�■Nr p y K t n_ten` +-11�ar1An!:.1•nos■■■nn■n�rinn r�rr11�•m■■a •�^ - e • _ n■lilll Z::n■••a nlrllnl�• IW N uun■■r■nor \arlAt�.■■ ■ ..Or■rEE!■' ■■!A■off! I►lIlirrlrrrHrlr .�_.rrnil 11l.l p■_■a I�r ■ •• Wl i:ur•1rl1unnr 1php=�t�•.�ouout• • ■r!nme■ ■■■r■■1 NEC . ■o:■►E�r r1r1r1■n■■■unrom no■■k■n■r • 1 11 Planned Development Map Legend Project Location C7 Area of Impact ,= City Limits ` Planned Parcels t ®AnalysisHEMM �� , a i- B � -4 1 1ftftf- ---- F H��-J � CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 22 83 Subject Site Photos i 0 . CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 23 84 Service Accessibility Report Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals some of the time YELLOW Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 of current or future transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing ( of lanes) School Walking Proximity From 1/2 to 1 mile walking YELLOW Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Either a Regional Park within 1 mile OR a Comrnun.u.- Park Wal kability Park within 1/2 mile OR Neighborhood Park with' GREEN 114 mile walking CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 24 85 Site Plan(date: 5/24/2025) ��.. . Im4F; ,- ------------------ SHOPPING CENTER +sm as r. 1� I — w:.�.ewe L jaa ___ _ _ -• I o �` vila�ev.vaaanv .'}Is -o — --- --"- ------------ � SITE PLAN • Ci CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 25 86 Landscape Plan(date: 4/24/2025) PrFW •�-�^—7racaF~.i.�s�; k � 4 a e�.�r••— '.. ��y E� •a O w mru wre ux.cmeEs Ey C0.�S� .•• b '71'CCC6-•� ••••• '�.ASS;+ems .' ��-aTng �—�e�..:^•�� � � c � F f�LAH�5C14PE ENRREMEM PLAN nFw -- �' ter. LE CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 26 87 Building Elevations (date: 4/24/2025) F K� Q - I r NORTH ELEVATIM-REAL WALL RV CHINOEN 6LVD-I w�...- ie r.�ir Pis I WEST ELEVATION-NAIVE THAN s HATEFUL LEOENO A5 �ICshIACs� �� '�� i N I' d C / N d P � �• .i' ra Sou TH EL EVAI ION-SIDE ENTRANCE ��{ •w••• YMu4 n�lh 1 ----------------. !�ICxiJAGE O — - , N N r d d p �iLiw'GL7ii I EEAAST ELEVATION-MAIN ENTRV YATER1AL LEAENR Q.•.+. SERE vaK pru IN •1! t!t Z.1"771il�• r •9IND Wlwx,+ A4 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 27 F881 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2025-0018 Page 28 89