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Home My WebLink AboutHabit H-2025-0022 Revised CITY OF MERIDIAN C� E IDIAN --- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ID A H O DECISION& ORDER In the Matter of the Request for a Conditional Use Permit for a new approximately 2,426-square foot restaurant 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,located at 445 S.Innovation Lane,by CDR. Case No(s).H-2025-0022 For the Planning& Zoning Commission Hearing Date of: June 26,2025(Findings on July 10,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 26, 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 26,2025,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 26,2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 26,2025,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §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-2025-0022 ❑ Page 1 4 upon the applicant,the Planning Division,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 26,2025,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 § 1I- 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 26,2025,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 I 1-513-617.1. 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 11-513-6.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 § 67-652l(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-2025-0022 ❑ Page 2 5 G. Attached: Staff Report for the hearing date of June 26,2025 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S).H-2025-0022 . Page 3 10th July 7-10-2025 7-10-2025 7-10-2025 EXHIBIT A COMMUNITY DEVELOPMENT WE PI DEPARTMENT REPORT HEARING 6/26/2025 Legend 10 DATE: Project Location ` i TO: Planning&Zoning Commission ..Area of Impact = City Limits FROM: Nick Napoli,Associate Planner Q Analysis 208-884-5533 , - - nnapoli@meridiancity.org APPLICANT: Alena Kriachko - - SUBJECT: H-2025-0022 --� -- Habit Burger Ten Mile M� � __ � _ 'T _ LOCATION: Located at 445 S. Innovation Lane in the West'/2 of the Northwest '/4 of Section 14, Township 3N.,Range 1 W. I. 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: Approved City of Meridian I Department Report I. Project Overview 11. COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s) Vacant/Undeveloped - Proposed Land Uses) Commercial:Restaurant and Drive Through - Existing Zoning -1 C-G VILA.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 IVX • 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 I Department Report II. Community Metrics Figure 1: Service Impact Summary ReadyQ Marginal Caution Odd Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics ■ III. 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, Cafe 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."(3.01.0117) 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 I Department Report III. Staff Analysis ■ Table 4:Proiect 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. Cafe 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 I Department Report 111. 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 fa(ade 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 I 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 ofzoning compliance application. v. Storm integration Storm drainage is required to comply with the standards listed in UDC I I-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.£) 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 I 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-1 S): 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 I Department Report III. Staff Analysis ■ 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 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 I Department Report IV. City/Agency Comments &Conditions ■ B. Meridian Public Works wLrZA. LQ Delman La Sewer Aao&d&a Site Sn,iil� + Sewer Shod f Lstimaled Prgea fee appiratnn Sewer C RiYs WRRF aodinirLS L3alsnce + PTO)MLC.onsisLenL Yes with WW Maaw Nan%fFadiity Plan r ImpacisfraLr�nLs, f See Public Works SitefMifirCorii:1 ons Vv3tcr C7ist w to WziwL Vr4Ler Available at Ste Scrvbui, FYcr.LanclbrLc + Em imatod Pruj Lrt See apF icnion Water ERLYs Warm Qualiq More FYojeCL(.onsisLenL Yes with Wader Master Flan tyma m ncems Mont NON-PLAT CONDITIONS PLIRI.WWORKL;IIF.rh RrLtf.%r Site Sp Fc CLtnditiom■E Apprvrr 1_ NLI pL1mm l AML'Iu�can he wrehm ar L 71111 Ll IR UY 17 A.L-" T inimn.'I'll LN 3M]Lldl'% bw ldirip,L-wpi ru,bm.N l 4.7rl'1murL=L,nx=i�dLcp muting hushcs,ctL. 2 An,;uoLo"Walla,SL-wLT rnam ur]LTYiLYx will Ire ruyuin l Lu Ck abardLnu l per Uty ur Mcndiam riwic uNL1 ]_ boy uusLing well inuslL be d3 sLumL�4�x(kd froLn miy bui ldmp IbaL Tummin wild Ylflulm TrLLi ufdiI uo -Lhyr MIL- Ulm Public Rinks 1]LvwL]nLmE.WrIlx LhaL will nut imintimir to Ire mmd maxi hL prupi;dy alrsnrLltmuL�ilrlLlamota kin of ahamdaorn-mi will bu nalurrLTJ ui her suhariauvL Ltr Lhu CiLy.CLIM&LL]dabs L}i ^�lLlrtmcrn of W2LLT]R4-w LnLL'fur abanlimuri LTL '1_ 1:, s nu YNYTSLTLi K pass LbruLLgh infilbmLr Ln_v h6 - S. Provide 2Q'Fm neat%for mains,bydramL lairds and water scrykcs_Fo m moLs should cKtcmd LiF to the and of mmiJlrydramYwabc r me cr and 1 Or beymd iL City of Meridian I Department Report IV. City/Agency Comments &Conditions ■ ❑ciiiicrd fldiLiawsof Approval. I. Appli=Lshall camdioa a wadcrand K erwia xixe acid routiryg wiLh Lhc Anhlic Warlsx r-Taiimen'L 2. Par Meridian CkyCade{MCC}.the 3pplicatshall be respousrlrlc to m=ll scwffmrdwatQ mains to and LbraLkgh LhisdevelolxnurL. Applk=L may be eligible rnrareirnbw.wramL agreement for infrasQuclure enlrantemcm pQ M{Y'R 6 S. 3. The applicanc shall r rivide ea%crrwrL(s)fom all public waLcrf war maims outsidenfpublic right of way(include all waLer servllecs and hydranLi). Sewcr w3LVr cmmTormL karies deprndiog an sewer dgL]r.ScwQ 4 2(l ft dip ocquirc a SO R casmwoL,20 25 ft a 40 ft casemenL,and 25 30 ft a 45 fL cascmcoL 111 w noperasaramLSLrurtures(trots,bushes,buildiggs,rarlrars,Lsashreceptacle walks,!cores,iofiltr3Lk a Lrcnnccs,light poles,c1c.)arc built»iLhin Lbe urilily eaMWW OL. Submit aneRxutodea&arn nt{no Lbe form available Cmm J'uMic Wcicks},a lap]dexriEti^n IroEmed by an Edahn Liceoesod}lnfessional Land Surveyor,which must include Lhc area of Lbe easement (cnakedE-IE11131rA}and amS1f2"x1l-map with beiringy.md•iis' {rmribmiH€]Irarrli) for review.Go&echibiLs musLbe scaled,sigood and dated by aPrDreiskmal]and%LncyDr.DO NOT RGCORD. A. the My ofMmidim roquics LhaLpressurii od irrigat6m syxLemKbe suplrlicdlvy ayear rouQd smrQ of walcr(IfDC L 1 313 6).The applicam should be ragLired to uNc any crisLi qg,sudaec w well crataFortfic aryswrce. rfasurfamoruxll source isootauailahle,admSlepoim rarroection lo-thecilinrcy waver syswrn shall he required.rfa single NmLcnrmectim is utilimd, the deve"r will be responsrlrk fire the payment of a ssrnenLs for Lbe comrraro areas pror Ln priortDmcciving deLrlopmcM plan approval. 5_ Amy.iLrucLores Char are allowed to Tcmain shall be subjod 1a evahmLinQ and possible reaakgrmwcrL or streel addressing to be in compliance with M[Y'_ d_ All injgaLitn dlLcbes,canals,lacraks,or drains,exclusive nfaalmal waLcrways,ici LcrmNAin&, cmi iqg L r laying adjmxnL and comtipxv-m 6n the area being subdivided shall be addreswd per llrH'1 1 3A 6. rn performing such%wwLL,Lhc applicant shall comply wiLh Idahn Code 42 1207 and arfy oUwr applicable law arregulation. 7. Amy welisthat will onlrnntituctD1rcusedmusLbepmnperlyahandnoodaccordingto Idaho Well CWS&Udon SLandamds Riles administered by Lhc Idaho Oopm ment DrWaler Rewitums. The Oe loper'x Iingpreerxhal]pni%xLe astatemenaaddresxifygwhether there err any ex6mingS llsio the devclq mcrvL avid ifwN haw they will c=Lituc to be used,a pmVdc mcamd Qrtbclr ahrardmarcol $1. Amy a irtifg soltic sysbarr s withim this praja�L Khali be rcmnvad pa OLy Omdimrice Soctim 9.1 4 and 9 4 R. CooLact 17,entral DkUi t]Leahh for alandoomenL prnoodures and itspoairos(248)375 5211. 9. All irnrrnvemantKTelated to public He,saro[y arid lmaltlr shall be completed prior Lo oecupamy of Lhc sLrucLureK. 10.Aliplb=Lshall be roquiredto pay Pubic Works daaxlopment plan review,and carKfruction imUeaino foes,m ddermirod during Lbe plan review prunes,pTiec to Ibe i%ni mcc ora plan approval Iclter. ]L ILshallbe the rcKponsibiliLy or LbeappliC:amLtomKure Lhalalldevelopment feaum cemrply with dre Americans wiLh Diwbilkics AcLand Lbe fair Ikxuorg Act. 12 AFrlicrnLKhali be rimpocisihle rnrapplicalinQ and comliance wiLh any Seed n 40 PernliLliog dhaL may be required by Lbe Army Carps of rrgineem. 11,Developer shall coardinatc mai Rroc locations witb Lbe Meridian Past 0 rice. 14.C.Dmpaclinn lest results shall be submitted to Lbe Meridian Ruildilyg DcpvimcM for all building pads reocivingcngioecrod backfill,wbara rnMiLgwould saLaiap fill material. 15.The design mgiraer shall be regrind to conify that Lbe KVML ccmLerlioe elevations ae son a micimunaf3foeLabma Lbe higbestekablislredpcalLgroundwa davalion_ This isLneciva LbaL Lbe bdLnm elevation DFthc crawl spa %or hordes is aL least 1 fool alien. 16.The applicants desigQ engine shall be responsible for irrsspedion of aA irrigation aod•'nr drainage facility withim this pmjacLLhaLdo rasL rail under Lhc jurwilsw+afm irigadon district m ACI ID.The desigpenginoer shall provide cerlificalion thaL Lbe EaciliLies havc been iostalled in accordance with the approveddesigo plans.This certification will be roquimsd berorea certiFcaLe ornccupancy is issued rnrarly slru_7wvs within Lbe rrnjcct. 17.At Lhc conlrktinn nfdre pmjocL.Lhc applicant shall be mspnnsble 1D submit mcord drawirr¢s per the Citya MerWiam AuLaCA7D standards. Them xccmd drswmp mrasL be reccivod and apprrrvcd prior to Lbe ismmrce ora ocnificaLkm ofacculrarcy fccaoy sLruauncsvithin the lrrnjocl 1It.A slrootligLLTAM will need trrhe inchded in Lbe civil comstructiotr plans.4tmcL light rlan roquiremeMs arc Iis6od in s Linofi 5 oribe Lnls ,arnurL SLaridards for SVocL L.ightiog A copy or Lho standards cam be fmmd al. w{KLLS.MPq ?id 27-2. 19.The City oFMeridia n roquies OUL the nwncr post Ln Lhc City a p¢fornarmoe surely im Lhc ammmt or izS%ofthe total onnswbrinn ansifor all iodrmplaw mwer,wale and reuse inrr ieLTuctum prior to Foal plat sigaaimc.This surely will he va ifiad by a lima'item cosL estimaw provided by Lhc owocrta Lbe City.The sumclycan be posted in the rormaim irrevctimblc letrcrofccdir,cash deposit em hand.Applicarrt MUKL rile an applicaliem foT sWcly,which carr be fmmd no Lhc C'. r roily OcaxlopmcnL flcpartmmt wclrsite. Pl_asecoaLr L L.aod I']evclnrmentScnicc for more infarmatirm aL k87 221 L. 20.The City a Meridian requires draLdw43wmcr post tnthe CiLya warranLy surely in Lbe amnunLaf 20 ofthe Mal conxwwnion crist for allcnmplcled serer,wwnr and reLyx inframvcturc For duralieo ortwn}'*a�..This surely will be verified by a line iteira cost emianate provided by Lhc owri,n to Lbe Vtry.The.surety coo be To Led in the ram am iaetncable keuer afcrediL,casb dclrusiL or bond.AprlicarrimLBL file an applicalicm foTiwely,srhichcan be fmandon Lhc Comrntmey rkirlolrmed Fkparlmmt wchaile. Pka crroLai:L Land DevclnpmentService far mrrn infmmatirm aL NV 2211. City of Meridian I Department Report IV. City/Agency Comments &Conditions ■ C. Ada County Highway District(ACHD) ACHD NPVIPI :wry{ 7p own*Ktinolk&o CDR 6515 Turn CenjW JJN",SW$116 Qmta WEa.i A WSM Subject MER25-345&H-210254dd22 465 5 Innovation Lwv Hahn 13rrger lire+ode Cour*y H4prway DKalc!{ACWD)hm rewwwad" UZFn4 ed appkdllon hx Ihr appik-atla, hem bMO&t a*h83 Oerer+ W*O uket 049re We np impr4VW4rrtS MQWOO W the$d Slr+xC{ } The 4pp"nt Sh.911 b@ r4g0red ip 1 P&ytibaf in1;lKtilMe.ItitWli t)t(e For any VWnsr*gatOng the"Me in1poctfoopIrMOd' 00 ACHOrs Itnpeet Fee Adpw&Lralor at imoadfmB'!p Jxbaahmoro If appWAM.a tral6e Imped lee ahrY he asSesyed by ACHDand wlll be due pnor Lo Me rssuarwe at a buikfwMi perrrot by the mad agency. ;his is a separate TwAm process and it is the appkar4's raapoedWy to sublet plan■ereclty to►kCFtl] p#yaygl W b#a DMW OV4 &B plrpr by dr CFn 1e 94rW deirmemd io the fallliowwrg addrer.E Aes Coumty Frry"C%wct Asti:prlr~wd$oMms 5M N.IHF44IW A4etwre 6oi.a.ID 0713 • F94f4r4yrt#to 04 m,rmbm O ova wrtrgn makwv dm ppyr„grit fSFrarxlrrroCa o Feasaresutajecifacharagednalpeid�riorwCk�oterl" c Ail rid pwyrrr4ntR ry Uublrcl to a 9%ptwmving fey o AUI k paymem are suhpe€#to a S1.5d pFoms trig fee 4. SuUme a 4a+4way axmukeh reQu0v for any Propmw drlmrays prmeway approKh pormm Can be(Gund at hIJWr:.'Ww-AV,,&dahp.Qj:WhqTFm1_ ddpcurnenLA8&16.38245966711FAC4lDO 5. Campty with all ACHD Powcies and ACHD Swidard C xr dibam or Appravw for any improwernents or work in the nght-cf-wry 6. Obtain a pwmit kir any work in Iha rrght-uf-way prior la the aanrtVWi)n.repair.ur installation ct arry hNbdway Im mv*merrta(tern.NtLof eldewe&.pe,rarnenl vMan",d wawayu,euMm.at.f. connecting you to mare rawcwf,�b"h.WG.Arm-7r74aMwM@rAyr FawID-VWM-m7GO-ra'rVW-■Y7d&-J%W W.rw+Wrdrwary V. 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. 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. City of Meridian I 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. 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. 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. Stafffinds 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. It. 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 I Department Report V. Findings ■ VI. 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 26,2025.At the public hearing.the Commission voted to approve the subject conditional use permit request. 1. Summary of the Commission public hearing: a. In favor: Tom Wong,Applicant Representative b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Bill Parsons 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. None 4. Commission change(s)to Staff recommendation: a. None City of Meridian I Department Report VI.Action ■ ' 1 1 =W — —' - . .. - Z uLi ej FR,ANKLIN - �y, •a w / nnxv �nnnnllxl Ilno� m �� 1' \lam Now 111111111. I 1/uxxl _ 111 CIhQ IF 84 W 1 i■ tt■GY� • _ �■m■ n nn • ■tttt�� MINE '. 11 1111■ 1■1111111 III ► _° IIIIIIIII W -I . _ 111111 , e_ - LLJ 1 Hill H '� °jvll■■n■■■ y� ■■ ■mm■ F�+,fit■ 1 MEN ■.1. • �nnmunnllllllr ��p�lunny m �� w Q� ,�� 7�1■� �� 1 ■ t ■ - d nnl� 1� � � ��tr■u► Ilmnaiilll\ea� r � ■.• �.e:.elm 96 nnnnnnnn unmIMln -----_ _ �v ��- " � ■�i �'t`�ir'll- =IIIIIIIIIIIIIIIIIII 84 B. Service Accessibility Report Overall Scare: 31 3 8th Percentile Description Location In City Limits GREEN Extension Sewer Trunkshed mains < 500 ft. fron, p-- = GREEN Floodplain Either not within the 100 yr floor:slain c a e4 GREEN Emergency Services Fire Response time 5-9 min. YELLOW Emergency Services Police Meets response time goals most of the time GREEN Pathways 3Nithin 1/4 mile of current pathways GREEN Transit 3Nithin 1/4 mile of current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes in master street_ GREEN plan) matches existing (# of lanes) School Walking Proximity From 112 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) Park WaIkahility No park within walking distance by park type RED City of Meridian I Department Report VII. Exhibits ■ C. Site Plan(date: 5/5/2025) 9��ih ! - .- . ror r: -_ . - -- I - - - - 16, �. I I...... LIB ': t r. •.. . Ir1L�8 ��a ....•. �, i i � - Y..�_�_�-..._ a=g Ell 152 Im AFLUITECTLRM SHE RAH 1 15 p -. ® -- ca 0 — o o a — 0 0 0 1 0 1a o En ED d) AN5 .Ib11P•rev •- C2 City of Meridian Department Report VII. Exhibits ■ A Landscape Plan (date: 5/5/2025) -, F-z7- 1: ---zprh. I--,- 4 City of Meridian Department Report VII. Exhibits E. Building Elevations(date: 5/5/2025) Y ItllE4 0 EXTERM FAH Ilt1F.f61iL 9CHE IEA F MW i @ � Eq NMI S0.1 f H H-E4AIICN O } :E -- MO O fl g f4F UZTELLIMMH 1 o EKTff iFAH PATERAL SCHFDLEE 1 �:.��.... '3 naem ELEWSTICH 1 0 a �T +J YIESI HtYh110H 1 City of Meridian Department Report VII. Exhibits ■