HomeMy WebLinkAboutLouisiana Fried Chicken Drive-through CUP-07-009
RECEIVED
.JUN 0 72007 .~
CITY OF MERIDIAN g~ ~;;dl:r"f; \
FINDINGS OF FACT, CONCLUSIONS OF \ liMBO j
LAW AND ~'~'" /.
DECISION & ORDER ~~ "<I~~P:~!>~!-:;: rk
In the Matter of the Request for Conditional Use Permit Approval of a Drive-through
Establishment within 300 feet of an Existing Residence in a Residential District and within
300 feet of Another Drive-through Facility, by Kimball Properties
Case No(s). CUP-07-009
For the Planning & Zoning Commission Hearing Date of: June 21, 2007
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 21, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 21,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 21,2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN
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 Chair of the Commission and City Clerk and then a copy served by
the Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Site Plan, Landscape Plan, Elevations, and Conditions
of Approval, all in the attached Staff Report for the hearing date of June 21, 2007,
incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code ~ 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 CUP Site Plan as evidenced by having submitted the Site Plan dated
August 30, 2005 is hereby conditionally approved;
2. The applicant's CUP Landscape Plan as evidenced by having submitted the Landscape
Plan dated August 12, 2005 is hereby conditionally approved;
3. The applicant's CUP Elevations as evidenced by having submitted the Elevations dated
August 30, 2005 is hereby conditionally approved;
4. No modifications to the site specific conditions were made at the Planning & Zoning
Commission hearing; and
5. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June 21,2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body ofthe City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of June 21,2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN
G. By action ofthe Planning and Zoning Commission at its regular meeting held on the
~ $" day of Cf ()...I1J. , 2007.
COMMISSIONER STEVE SIDDOW A Y
VOTED~
VOTED~
VOTED~
VOTED~
OTED ~CI...-
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
CH
Attest:
Attorney.
By ~Mn(Smt-f?l
City Clerk
Dated:
() 1 ~o~ fff7
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-009 LOUISIANA FRIED CHICKEN
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007
STAFF REPORT
TO:
FROM:
Hearing Date: June 21, 2007
Planning & Zoning Commission
Sonya Watters, Associate City Planner
208-884-5533
SUBJECT:
Louisiana Fried Chicken Drive-through
. CUP-07-009
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Kimball Properties, has applied for Conditional Use Permit approval for a drive-
through establishment within 300 feet of an existing residence in a residential district and within 300
feet of another drive-through facility. The subject site is located at 2845 E. Overland Road,
approximately ~ mile west of S. Eagle Road on the southwest comer of E. Overland Road and S.
Bonito Way, in the northeast comer of Section 20, Township 3 North, Range I East, B.M.
The property is currently zoned C-G (General Retail and Service Conunercial District). The applicant
is proposing to operate a restaurant with a drive-through window in the existing building on this site.
The drive-through is proposed on the southern portion of the existing building. Restaurants, retail
stores, and drive.through windows are principally permitted uses within the C-G zone. However, the
Unified Development Code (UDC 11-4-3-11) requires all drive-through establishments to obtain
Conditional Use Permit (CUP) approval were a drive-through facility is to be located within three
hundred feet of an another drive-through facility or an existing residence or residential district, prior
to submittal of a Certificate of Zoning Compliance application.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-07-009 for the Louisiana Fried Chicken Drive-through as presented in the
Staff Report for the hearing date of June 21, 2007, subject to the conditions listed in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-07-
009 as presented in the staff report for the hearing of June 21, 2007, with the following modifications
to the conditions of approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-07-009
as presented during the hearing of June 21, 2007, for the following reasons: (you must state specific
reason(s) for the denial of the conditional use permit and what the applicant may do to gain your
approval in the future.) I further move to direct staff to prepare an appropriate [mdings document to
be considered at the next Planning and Commission hearing on July 5, 2007.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number CUP-
07-009 to the hearing date of (insert continued hearing date here) for the following reason(s}: (you
should state specific reason(s) for continuance.)
Louisiana Fried Chicken Drive-through CUP-07-009 ~ Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21,2007
4. APPLICATION AND PROPERTY FACTS
a. Site Address / Location:
2845 E. Overland Road (Lot 4, Block 3, Bonito Subdivision)
Section 20, Township 3 North, Range 1 East
Parcel No.: R1022760210
b. Owner:
Kimball Properties/W.H. Moore Company
P.O. Box 8204
Boise, ill 83707
c. Applicant:
Same as Owner
d. Representative: Jonathan Seel, W.H. Moore Company
e. Present Zoning: C-G (General Retail and Service Commercial District)
f. Comprehensive Plan Land Use Designation: Mixed Use Regional
g. Description of Applicant's Request: The applicant is requesting Conditional Use Pennit approval
for a drive-through window within 300 feet of another drive-through window and an existing
residence in a residential district. The drive-through will be located on the southern end of the
existing building as shown on the site plan.
1. Date of Site Plan (See Exhibit A): August 30, 2005
2. Date of Landscape Plan (See Exhibit A): August 12,2005
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use per City Ordinance. By reason of
the provisions of UDC 11-5B-6, a public hearing is required before the Planning and Zoning
Commission on this matter.
b. Newspaper notifications published on: June 4th, 2007; June 18th, 2007
c. Radius notices mailed to properties within 300 feet on: May 30th, 2007
d. Applicant posted notice on site by: June 7th, 2007
6. LAND USE
a. Existing Land Use(s): Commercial
b. Description of Character of Surrounding Area: This area is a rapidly developing commercial area
with existing restaurant, office, retail, hotel, gym, and service oriented uses. The site is
surrounded by commercially zoned property on the west, south, and east, and existing residential
homes to the north, in Ada County.
c. Adjacent Land Use and Zoning:
1. North: Residential (Overland Way Subdivision), zoned Rl (Ada County)
2. West: Vacant, future commercial property, zoned C-G
3. South: Commercial property (Bonito Subdivision), zoned C-G
4. East: Commercial property (Bonito Subdivision), zoned C-G
Louisiana Fried Chicken Drive-through CUP-07-009 - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007
d. History of Previous Actions:
>- The subject property was annexed (AZ-OI-018) and platted (PP-OI-020, FP-03-0l0) in 2002-
2003 as part of Bonito Subdivision (fka El Dorado Subdivision). A Planned Development
was also approved at that time for a Mixed Use development (CUP-OI-037). A Development
Agreement (DA) was entered into with the City as part of the annexation and recorded as
Instrument No. 103020830. An addendum to the DA (MI-04-006) was recorded in 2004 as
Instrument No. 104107403.
>- A Certificate of Zoning Compliance was issued for the existing multi-tenant building (shell
and core) on the site in 2005 (C2C-05-l13).
>- A Conditional Use Permit (CUP) for a drive-through window was previously approved for
Dickey's BBQ Pit (CUP-06-039) on the northwest side of the existing building on this site.
>- A Conditional Use Permit Modification (MCU-07-00l) was approved for this site that
removed the design review requirement of CUP-06-039 for an 8-foot wide internal pedestrian
pathway from the perimeter sidewalk along Overland Road to the main building entrance.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: Sewer already stubbed to this lot.
Location of water: Water already stubbed to this lot.
Issues or concerns: Routing of sewer and water mains
2. Vegetation: Existing
3. Floodplain: NA
4. Canals/Ditches Irrigation: All ditches were tiled with the subdivision improvements.
5. Hazards: NA
6. Size of Property: 2.5 acres (entire lot)
7. Description of Use: Proposed drive-through in existing 4,600 square foot building
f. Summary of Proposed Streets and / or Access:
The applicant is not proposing any new access points to the site at this time and none are
approved. Access is provided to the site from S. Bonito Way, an existing roadway within Bonito
Subdivision. Direct lot access to E. Overland Road is prohibited.
7. AGENCY COMMENTS
On May 18, 2007, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Police
Department, and Meridian Public Works Department. Staff has included comments, conditions and
recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use - Regional" (MU-R) on the Future Land Use Map. In
Chapter VII of the Comprehensive Plan, this designation is defmed in part as an area that is situated
in highly visible or transitioning parts of the City where innovative and flexible design opportunities
are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is
intended to allow a broad range of uses.
Louisiana Fried Chicken Drive-through CUP-07-009 - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 21, 2007
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics):
. Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands in the
following manner:
);> Sanitary sewer and water service will be extended to the project at the developer's
expense.
);> The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
);> The subject lands will be serviced by the Meridian Police Department (MPD).
);> The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD) and lTD. This service will not change.
);> The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
);> The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss.
Municipal, fee-supported, services will be provided to this site by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action 5)
The applicant is required to install and maintain landscaping on the site in accordance with
UDC 11-3B. A landscape plan was previously approved by the Planning Department with the
Certificate of Zoning Compliance (CZC-05-113) issued for this site that complied with the
applicable UDC standards for landscaping. Landscaping has been installed on the site in
accordance with the approved plan. Any additional landscaping installed on the site shall
comply with the approved landscape plan and UDC 11-3B and shall be maintained.
. "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal N, Objective D, Action 4)
A 35-foot wide landscape buffer has been installed adjacent to E. Overland Road, an
entryway corridor into the City, a 10..:foot wide landscape buffer has been installed adjacent
to Bonito Way.
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that the proposed restaurant use with a drive-through window on this site will
contribute to the variety of uses in this area.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
. "The capacity of arterial. . . roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access
Louisiana Fried Chicken Drive-through CUP-07-009 - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21,2007
points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page
72)
· "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
· "Restrict curb cuts and access points on . . . arterial streets." (Chapter VII, Goal IV, Obj. D,
#5, page 107)
Please see section 6/ above for details on access provided to this site.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a drive-through facility as an
Accessory/Conditional use in the C-G zone, with Specific Use Standards for Drive-through
Establishments. The Specific Use Standards listed in UDC 11-4-3.11 for Drive-through
Establishments require Conditional Use Permit (CUP) approval for drive-through facilities that
are within 300 feet of another drive-through facility or a residential district or an existing
residence (see Section 10 below for additional specific use standards related to drive-through
establishments). The subject property is within 300 feet of another drive-through facility and an
existing residence in a residential district.
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated or almost entirely within a building; to provide for a review ofthe
impact of proposed commercial uses which are auto and service oriented and are located in close
proximity to major highway or arterial streets; to fulfill the need of travel-related services, as well
as retail sales for the transient and permanent motoring public.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed site design as presented on the CUP site plan labeled as Sheet SP-l, dated August 30,
2005, and the landscaping shown on the landscape plan labeled Sheet Ll.O, dated August 12,
2005, with the following comments:
Landscaping: The landscape plan prepared by Sterling Landscape Company, dated August 12,
2005, was reviewed and approved with the Certificate of Zoning Compliance (CZC) issued for
this site. No changes have been made to the landscape plan submitted with this application.
Parking: Parking was reviewed and approved with the Certificate of Zoning Compliance (CZC)
issued for this site. No changes have been made to the site plan submitted with this application.
Access: Access to the site is provided from S. Bonito Way, a commercial street within Bonito
Subdivision. Direct lot access to E. Overland Road is prohibited.
Specific Use Standards for Drive-through's: Staff is generally supportive of the proposed
drive-through design, and finds that it meets the requirements set forth in UDC 11-4-3.11,
which states that "a site plan shall be submitted that demonstrates safe pedestrian and vehicular
access and circulation on the site and between adjacent properties." UDC 11-4-3.11 goes on to
state:
At a minimum, the site plan shall demonstrate compliance with the following standards:
· Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons;
· The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking;
Louisiana Fried Chicken Drive-through CUP-07-009 - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 21,2007
· The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence;
· Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane.
· A letter from the Transportation Authority indicating the site plan is in compliance
with the authority's standards and policies shall be required.
Staff finds that the site plan submitted with this application complies with the specific
use standards for a drive-through establishment, as set forth in UDC 11-4-3.11C.
Certificate of Zoning Compliance (CZC): The purpose of a Certificate of Zoning Compliance
(CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-5B-IA). To ensure that all of the conditions of approval listed in
Exhibit B are complied with, the applicant will be required to obtain a CZC from the Planning
Department prior to receiving occupancy. With the CZC application, please include the following
additional information on the site plan and/or landscape plan submitted with the new CZC for this
site:
· A "Do Not Enter" sign should be installed in the east end of the planter island on the
east side of the drive-through lane on the south end of the building where traffic
exits. This provision should help to prevent cars from entering the drive-through from
the wrong direction; please include signage on plan.
Design Review: Because this site is located on an Entryway Corridor, Design Review would
typically be required per UDC 11-3A-19B5. However, the CZC approved for this site was issued
prior to adoption of the Unified Development Code, which requires structures located on property
adjacent to an Entryway Corridor to comply with Design Review standards as stated in UDC 11-
3A-19C. Because the architecture of the building substantially complies with the Design Review
standards and has already been built, Staff is not requesting any changes to the building fa9ade,
pedestrian walkways, or parking areas.
b. Staff Recommendation: Staff recommends approval of CUP-07-009 for Louisiana Fried
Chicken drive-through, as presented in the Staff Report for the hearing date of June 21,
2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of
approval as listed in Exhibit B.
11. EXHmITS
A. Drawings
1. Vicinity Map
2. Site Plan (prepared by Larson Architects, labeled Sheet SP-I, dated 8/30/05)
3. Landscape Plan (prepared by Sterling Landscape Company, labeled Sheet Ll.O, dated
8/12/05)
4. Elevations (prepared by Larson Architects, labeled Sheet A-2, dated 8/30/05)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
Louisiana Fried Chicken Drive-through CUP-07-009 - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Unified Development Code
Louisiana Fried Chicken Drive-through CUP-07-009 - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 2], 2007
A. Drawings
1. Vicinity/Zoning Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21,2007
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 21,2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Site Plan, labeled Sheet SP-l, prepared by Larson Architects, dated 8/30/05, is approved
subject to the conditions listed herein. To ensure that the conditions of approval for CUP-07-009
are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance
(CZC) permit from the Planning Department prior to commencement of the drive-through use.
1.2 A revised site plan shall be submitted with the Certificate of Zoning Compliance application for
the subject drive-through use.
1.3 A "Do Not Enter" sign should be installed in the east end of the planter island on the east side of
the drive-through lane on the south end of the building where traffic exits. This provision should
help to prevent cars from entering the drive-through from the wrong direction; please include
signage on site plan.
1.4 The Landscape Plan, labeled Sheet Ll.O, prepared by Sterling Landscape Company, dated
8/12/05, is approved as submitted.
1.7 The subject drive-through design is approved as proposed, as it complies with the standards set
forth in UDC 11-4-3.11. Submit a letter from the Transportation Authority (AClID) indicating
the site plan is in compliance with the authority's standards and policies.
1.8 The applicant shall comply with the outdoor lighting standards listed in UDC ll-3A-11.
1.9 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.10 Except for the "Do Not Enter" sign mentioned in Condition 1.3 above, no signs are approved with
this CUP application. All business signs require a separate sign permit in compliance with the
sign ordinance (UDC II-3D).
1.11 Staff's failure to cite specific ordinance provisions or terms of approval for Bonito Subdivision
does not relieve the applicant of responsibility for compliance. The applicant shall comply with
all prior conditions of approval for this site.
1.12 The applicant shall have a maximum of 18 months to commence the proposed use as permitted in
accord with the conditions of approval listed above.
2. PUBLIC WORKS DEPARTMENT
2.1 Civil plans for this building have already been reviewed and approved by the Public Works
Department. For this reason, Public Works has no comments on this application.
3. FIRE DEPARTMENT
3.1 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.2 Commercial and office occupancies will require a fITe-flow consistent with the futemational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.3 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the futernational Fire Code
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 21, 2007
3.4 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.5 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
4.2 The loading areas shall be separated from all public parking areas.
5. PARKS DEPARTMENT
5.1 Comments were not received from the Parks Department on this application.
6. SANITARY SERVICES
6.1 Comments were not received from SSC on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1.1 No Review
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007
C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
a. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The existing building and proposed drive-through facilities on this site can accommodate and meet
all dimensional and development regulations of this district. The Commission fmds that the subject
property is large enough to accommodate the required yards (setbacks), parking, landscaping and
other features required by the ordinance. The Commission should rely on Staff's analysis, and any
oral or written public testimony provided when determining if this site is large enough to
accommodate the proposed use.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan designation for this property is "Mixed Use
Regional." The proposed use is generally harmonious with the requirements of the Comprehensive
Plan and UDC (see Section 8 above for more information regarding the requirements for this use.)
c. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area.
The Commission finds that if the applicant complies with the conditions outlined in this report, the
general design, construction, operation, and maintenance of a restaurant with a drive-through
should be compatible with other uses in the general neighborhood and with the existing and
intended character of the area. The Commission should rely on Staff's analysis, and any oral or
written public testimony provided when determining if this site will be compatible with other uses
in the general vicinity.
d. 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 that if the applicant complies with the conditions outlined in this report, the
proposed uses will not adversely affect other property in the area. The Commission should rely
upon any public testimony provided to determine if the development will adversely affect the other
property in the vicinity.
e. That the proposed use will be served adequately by essential public facilities and services such
as highways, streets, schools, parks, police and f"Ire protection, drainage structures, refuse
disposal, water, and sewer.
The Commission fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the Meridian
Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACHD.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 21, 2007
Based on comments from other agencies and departments, Staff finds that the proposed use will be
served adequately by all of the public facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
g. 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 recognizes that traffic and noise will increase with the approval of a restaurant with a drive-
through use in this location; however, Staff does not believe that the amount generated will be
detrimental to the general welfare of the public. Staff does not anticipate the proposed use will
create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed uses
will not be detrimental to people, property or the general welfare of the area.
h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with this use that should be brought to the Commission's attention. The Commission
finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic
or historic feature of major importance.
Exhibit C