HomeMy WebLinkAboutStarbuck's Drive Thru CUP-07-020CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E LDIAN~--
LAW AND I v A w O
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit Approval of aDrive-Through
Establishment within 300 feet of a Residential District
Case No(s). CUP-07-020
For the Planning and Zoning Commission Hearing Date of: January 3, 2008 (Findings on
January 17, 2008).
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 3, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 3, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
3, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 3, 2008, 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 August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-020
Page 1
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 unposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor 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, and the Conditions of
Approval all in the attached Staff Report for the hearing date of January 3, 2008,
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-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
dated 10/18/07, prepared by Horrock's Engineers, is hereby conditionally approved;
and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 3, 2008, 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
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-SB-6.G.1, 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 maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-020
Page 2
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
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 maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe 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 January 3, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-020
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the ~f (,~
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COMMISSIONER DAVID MOE VOTED_ ~Z~' 1
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CITY OF MERIDIAN FINDMGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-020
COMMISSIONER MICHAEL E. ROHM
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
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Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
STAFF REPORT Hearing Date: January 3, 2008
TO: Planning & Zoning Commission T T A N
FROM: Sonya Watters, Associate City Planner ~~ +~` ~•~ `~
208-884-5533 I D A H O
SUBJECT: Starbucks
• CUP-07-020
Conditional Use Permit for adrive-through establishment within 300 feet of a
residential district
• DES-07-020
Design Review approval for structure/site located adjacent to an entryway
corridor (Eagle Road)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Timberline Surveying, PLLC, has applied for Conditional Use Permit (CUP) approval
of adrive-through establishment within 300 feet of an existing residence in a residential district.
Design Review (DES) approval is also requested for the proposed structure/site because of its
location adjacent to an entryway corridor. Eagle Road is designated as an entryway corridor, and as
required by UDC 11-3A-19, the applicant has submitted a design review application. The subject site
is located on future Lot 3, Block 1, of the proposed Gardner-Ahlquist Gateway Subdivision No. 1, on
the southeast corner of E. Franklin Road and Eagle Road.
The property is currently zoned C-G (General Retail and Service Commercial District). The applicant
is proposing to construct a restaurant (Starbuck's) with adrive-through window on this site. A
restaurant is a principal permitted use within the C-G zone and adrive-through window is allowed as
an accessory use. However, the Unified Development Code (UDC 11-4-3-11) requires all drive-
through establishments that are proposed to be located within three hundred feet of an another drive-
through facility or an existing residence or residential district to obtain CUP approval, prior to
submittal of a Certificate of Zoning Compliance application.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP and DES applications below. Per UDC
11-SA-2, the Planning & Zoning Commission is not required to make a decision on the DES
application. However, the Commission may review and make comments on the DES application, as it
is significant to the proposed development of this property. Staff recommends approval of CUP-07-
020 (and DES-07-020) for the Starbuck's as presented in the Staff Report for the hearing date
of January 3, 2008, subject to the conditions listed in Exhibit B.
The Meridian Planning and Zoning Commission heard this item on January 3, 2008. At the
public hearing, they moved to approve CUP-07-020.
a. Summary of Commission Public Hearing:
i. In favor: Pamela Hall, Timberline Surveying (Applicant's Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
Starbucks Drive Thru CUP-07-020 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission ChanEes to Staff Recommendation:
i. Modify condition #1.2 as follows: "A "Do Not Enter" sign shall be installed in the
east end of the planter island on the east north side of the drive-through lane
on the west south side 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 a revised site plan."
ii. Modify condition #1.3 as follows: A "Caution -Pedestrian Crossing" sign shall be
installed on
the west side of the building where traffic ems enters the drive-thru; please include
signage on a revised site plan."
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-07-
020 (and DES-07-020, optional) as presented in the staff report for the hearing date of January 3,
2008, 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-07-020
(and DES-07-020, optional) as presented during the hearing of January 3, 2008, 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 findings document to be considered at the next Planning and Commission hearing on
January 17, 2008.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number CUP-
07-020 (and DES-07-020, optional) to the hearing date of (insert continued hearing date here) for
the following reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address /Location:
Lot 3, Block 1 of the proposed Gardner-Ahlquist Gateway Subdivision No. 1
In the NW % of Section 16, Township 3 North, Range 1 East
b. Owner:
Ahlquist Development, LLC
13901 W. Wainwright, Suite B
Boise, ID 83713
c. Applicant:
Timberline Surveying, PLLC
847 Park Centre Way, Suite #
Nampa, Idaho 83651
d. Representative: Pamela Hall, Timberline Surveying
e. Present Zoning: C-G (General Retail and Service Commercial District)
Starbucks Drive Thru CUP-07-020 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
£ Comprehensive Plan Land Use Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval
for adrive-through window within 300 feet of an existing residence and a residential district. The
drive-through will be located on the west side of the building as shown on the site plan. Design
Review approval is also requested for the proposed structure/site because of its location adjacent
to an entryway corridor (Eagle Road) as required by UDC 11-3A-19. Note: The Commission is
not required to make a decision on the DR application.
1. Date of Site Plan (See Exhibit A): October 18, 2007
2. Date of Landscape Plan (See Exhibit A): November 30, 2007
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-SB-6, a public hearing is required before the Planning and Zoning
Commission on this matter.
b. Newspaper notifications published on: December 17, 2007; December 31, 2007
c. Radius notices mailed to properties within 300 feet on: December 14, 2007
d. Applicant posted notice on site by: December 10, 2007
6. LAND USE
a. Existing Land Use(s): The site currently consists of vacant commercially (C-G) zoned land.
b. Description of Character of Surrounding Area: The surrounding properties in the Gardner-
Ahlquist development have recently been annexed and zoned C-G for commercial uses. This site
use to contain several homes; the site has been cleared for commercial development. The site is
surrounded by commercially (C-G and L-O) zoned properties on all sides, and existing rural
residential homes to the southwest in Greenhill Estates subdivision, in Ada County.
c. Adjacent Land Use and Zoning:
1. North: Conunercial property (R.C. Willey's), zoned C-G
2. West: Office property (Parkway Plaza), zoned L-O
3. South: St. Luke's Medical Center/Hospital, zoned L-O
4. East: Meadowlake Village, retirement community, zoned L-O
d. History of Previous Actions:
- On July 10, 2007, the subject property (included in the 26.84 acre Gardner-Ahlquist Gateway
development) was granted Annexation and Zoning (AZ-06-065) approval by the City Council
with a C-G (General Retail and Service Commercial) zone. A Development Agreement was
also approved with the annexation (Instrument No. 107099628).
- On April 24, 2007, a Variance (VAR-07-006) was approved for aright-in/right-out access to
Eagle Road south of this site.
- On May 28, 2007, a Preliminary Plat (PP-07-007) was approved by City Council for the
Gardner-Ahlquist Gateway development (which included this property) for 11 building lots
on 19.3 acres in a C-G zone.
- On September 11, 2007, a Final Plat (FP-07-027) was approved by City Council for the
Gardner-Ahlquist Gateway development for 11 building lots on 18.47 acres in a C-G zone.
Starbucks Drive Thru CUP-07-020 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
The subject property was included in the final plat as Lot 3, Block 1, Gardner-Ahlquist
Gateway Subdivision No. 1. The final plat has not yet been recorded.
- On November 7, 2007, a Variance (VAR-07-018) to UDC 11-3B-7C2 was approved to allow
up to 35 feet of the required 35-foot wide landscape buffer to be constructed within the Idaho
Transportation Department's right-of--way along Eagle Road. A Variance to UDC Table 11-
2B-3 was also approved to be allowed to decrease the required street landscape buffer width
from 35 feet to 30 feet for approximately 541inear feet along Eagle Road
- On November 7, 2007, a Vacation (VAC-07-012) was approved to vacate the existing public
utility, drainage, and irrigation easements within Montvue Park Subdivision.
- On November 7, 2007, a modification of the recorded Development Agreement (DA) was
approved to include both phases of the Gardner-Ahlquist Gateway development into one DA.
The modified DA was recorded as Instrument No. 107164790..
e. Existing Constraints and Opportunities:
1. Public Works.:
Location of sewer: This property will sewer from mains located in E Franklin Road.
Location of water: There are currently water mains in E Franklin Road and E. Louise Drive
that were installed with the Gardner-Ahlquist Subdivision.
Issues or concerns: None
2. Vegetation: None existing
3. Floodplain: NA
4. Canals/Ditches Irrigation: No canals or ditches traverse this site.
5. Hazards: NA
6. Size of Property: 0.3 of an acre
7. Description of Use: Proposed drive-through window fora 3,824 square foot restaurant
(Starbuck's)
£ Summary of Proposed Streets and / or Access:
Access to this site will be provided from internal driveways that connect to one right-in/right-
out/left-in access point on Franklin Road via S. Brooklyn Avenue and one right-in/right-out
access point on Eagle Road via E. Louise Drive. The access to/from Eagle Road/SH 55 was
previously approved with VAR-07-006; the access to/from Franklin road was approved with the
preliminary plat (PP-07-007). Across-access agreement will be recorded via a note on the plat for
all lots within the Gardner-Ahlquist Subdivision No. 1. Direct lot access to Eagle Road and
Franklin Road is prohibited. Because this lot is the first lot to develop within this subdivision,
internal streets and driveways have not yet been constructed. Staff is including a condition of
approval in Exhibit B that either of the following shall be completed prior to occupancy of
the proposed building:
1) Construct two, minimum 24-foot wide paved driveways that meet the Fire
Department construction standards, to this site (1 to/from Eagle Road via Louise
Drive and 1 to/from Franklin Road via Brooklyn Avenue); or
2) Construct one, minimum 24-foot wide paved driveway that meets the Fire
Department construction standards, to this site from Eagle Road via Louise
Drive or Franklin Road via Brooklyn Avenue and construct temporary
Starbucks Drive Thru CUP-07-020 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
construction fencing around the site and driveway to the site to prevent vehicles
from driving across the construction site where there are no paved
driveways/roads.
7. AGENCY COMMENTS
On November 30, 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 "Commercial" on the Future Land Use Map. The Comprehensive Plan
defines the Commercial district as providing "a full range of commercial and retail to serve area
residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family
residential, as well as appropriate public uses such as government offices. Within this land use
category, specific zones may be created to focus commercial activities unique to their locations.
These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone." The Applicant is requesting approval to construct a 3,824
square foot restaurant with adrive-through window on the subject property within 300 feet of an
existing residence in a residential district. The proposed use of the property is consistent with the
comprehensive plan designation for this area.
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 ITD. 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)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
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
Final Plat (FP-07-027) application for Gardner-Ahlquist Gateway for the street buffer
landscaping along Eagle Road that abuts this site on the west. Internal parking lot
landscaping is proposed on the landscape plan submitted with this application for this site.
All 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 IV, Objective D, Action 4)
A street buffer will be installed adjacent to Eagle Road, an entryway corridor in compliance
with the landscape plan approved with the Final Plat (FP-07-027) and UDC 11-3B-7.
• "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 (Starbuck's) with adrive-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 ACRD to minimize access
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)
No direct access is being proposed to this site. With the Gardner-Ahlquist project, only one
access point was approved on Eagle Road/SH SS and only one access point was approved on
Franklin Road, both arterial streets. Cross-access is provided to all lots within Gardner-
Ahlquist Gateway Subdivision No. 1. Please see section 6.f. above for details on access
provided to this site.
9. LPNIFIED 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 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 of the
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 oftravel-related services, as well
as retail sales for the transient and permanent motoring public.
Starbucks Drive Thru CUP-07-020 Page f)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: The applicant is proposing to construct a
new building for Starbuck's with adrive-through window on the subject property within 300 feet
of an existing residence in a residential district. The UDC (11-4-3.11) requires CUP approval for
drive-through establishments that are proposed to be located within 300 feet of an existing
residence and/or a residential district. Compliance with the design standards listed in UDC 11-
3A-19C pertaining to site and building design is also required for properties that are adjacent to
an entryway corridor. In compliance with the aforementioned UDC requirements, the applicant is
requesting CUP and DES approval for the proposed Starbuck's building and site with the subject
application. This lot is the first lot to develop within this subdivision and internal streets and
driveways have not yet been constructed. Because this site does not have a direct access point to
either Franklin or Eagle Roads and is essentially landlocked, Staff is including a condition of
approval in Exhibit B that a paved access road(s) be provided to this site prior to issuance of
Certificate of Occupancy for the proposed building on this site (see Access below for more
information).
Landscaping: The applicant submitted a landscape plan with this application prepared on
November 30, 2007 by The Land Group, labeled as Sheet L1.0. The street buffer landscaping
along Eagle Road was reviewed and approved with the final plat for Gardner-Ahlquist Gateway
Subdivision No.l. Staff has reviewed the internal parking lot landscaping depicted on the
landscape plan and found it complies with the landscaping requirements in UDC 11-3B-8.
Parking: Per UDC 11-3C-6, 1 vehicle parking space per 500 square feet of gross floor area is
required in commercial districts. The proposed building consists of 3,824 square feet; thus, 8
parking spaces are required. The applicant is proposing 8 parking spaces on the site (Lot 1, Block
3), which complies with this requirement. Additionally, across-access/cross-parking agreement
will be recorded with the plat, as a note on the face of the plat, between all of the lots within this
subdivision, which will allow for more parking if needed. Also, per UDC 11-3C-6, one bicycle
parking space shall be provided for every 25 vehicle parking spaces. Per this requirement, a
bicycle rack capable of holding at least one bicycle is required on the site.
Access: Access to this site will be provided from internal driveways that connect to one right-
in/right-out/left-in access point on Franklin Road via S. Brooklyn Avenue, and one right-in/right-
out access point on Eagle Road via E. Louise Drive. The access to/from Eagle Road/SH 55 was
previously approved with VAR-07-006; the access to/from Franklin road was approved with the
preliminary plat (PP-07-007). Direct lot access to Eagle Road and Franklin Road is prohibited.
Staff is supportive of the proposed access to the site. Staff is recommending that a "Do Not
Enter" sign be installed in the north end of the planter island on the east side of the drive-
through lane on the west side 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. Additionally, because this lot is the first lot to develop within this
subdivision, internal streets and driveways to this site have not yet been constructed. Staff is
including a condition of approval in Exhibit B that either of the following shall be completed
prior to occupancy of the proposed building:
1) Construct two, minimum 24-foot wide paved driveways that meet the Fire
Department construction standards, to this site (1 to/from Eagle Road via Louise
Drive and 1 to/from Franklin Road via Brooklyn Avenue); or
2) Construct one, minimum 24-foot wide paved driveway that meets the Fire
Department construction standards, to this site from Eagle Road via Louise
Drive or Franklin Road via Brooklyn Avenue and construct temporary
construction fencing around the site and driveway to the site to prevent vehicles
Starbucks Drive Thru CUP-07-020 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
from driving across the construction site where there are no paved
driveways/roads.
Development along State and Federal Highways: Per the UDC (11-3H-2), specific
development standards apply to property located adjacent to a state highway. In this case, SH
55/Eagle Road, borders this property on the west, so compliance with the standards listed in UDC
11-3H-4 is required. The aforementioned standards were reviewed with previous applications and
the site was found to comply with the standards listed.
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;
• 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 adrive-through establishment, as set forth in UDC 11-4-3.11C.
Further, staff believes that there are no mitigation measures necessary to protect the
existing homes across Eagle Road from the proposed drive-through.
Design Review: Because the subject property is located adjacent to an entryway corridor (Eagle
Road), structures proposed on this site are subject to the design standards listed in UDC 11-3A-
19C, as follows (staff analysis in italics):
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
facade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade. The facade visible from Eagle Road has modulations in
the facade, roof lines recesses and projections that meet this requirement.
b. Primary public entrance(s): The primary building entrance(s) shall be clearly
defined by the architectural design of the building. Windows, awnings, or arcades
.shall total a minimum of thirty percent (30%) of the facade length facing a public
street. The primary building entrance on the east side of the building is defined by an
awning over the entrance. The windows and awnings shown on the west elevation
(Eagle Road exposure) exceed the required 30% of the facade length.
c. Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices. The proposed roof design incorporates varying
parapet heights and cornices, which complies with this requirement.
Starbucks Drive Thru CUP-07-020 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
d. Pattern variations: At least two (2) changes in one (1) or a combination of the
following shall be incorporated into the building design: color, texture and/ materials.
The building design incorporates finishing materials such as E.F.I.S. and stone
veneer. The E.F.I.S. consists of a minimum of 3 different colors to compliment the
stone veneer. The proposed building design complies with this requirement.
e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall
be screened to the height of the unit as viewed from the property line. All mechanical
equipment will be screened by the parapets as required.
2. Color and materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-
faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited
except as accent materials. The building is proposed to be constructed primarily of
E.F.I.S. and a stone veneer, which complies with this requirement.
3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front facade of the structure and abutting streets,
unless the principal building(s) and/or parking is/are screened from view by other
structures, landscaping and/or beans. None of the off-street parking is located between
the front facade of the structure and Eagle Road, which complies with this requirement.
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in
width shall be provided from the perimeter sidewalk to the main building entrance.
The walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures. An 8 foot wide pedestrian walkway is depicted on
the site & landscape plans from the sidewalk along Eagle Road to the main building
entrance. Because the pathway is proposed to cross the drive-through driveway,
Staff recommends that a "Caution: Pedestrian Crossing" sign be installed at the
terminus of the driveway for the drive-through.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks.
Construction materials for the walkway are not currently depicted on the site plan.
The proposed 8 foot wide walkway shall be constructed according to this
requirement.
c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that
is greater than one-hundred fifty (150) parking spaces or two hundred feet (200')
away from the main building entrance. This requirement is not applicable to this site.
d. The walkways shall have weather protection (including but not limited to an awning
or arcade) within twenty feet (20') of all customer entrances. The building elevations
depicted on Sheets A.2.1 & A.2.2 show awnings over the entrance of some of the
entrances but not all of the entrances. Weather protection shall be installed for all
customer entrances to comply with this requirement. (Note: There are discrepancies
between the line drawings and the colored drawings included in Exhibit A.4. -the
entrances without awnings shown on Sheets A2.1 & A2.2 are not shown on the
colored drawings.)
Starbucks Drive Thru CUP-07-020 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
(Note: The EIFS material noted above stands for "Exterior Insulation Finishing System. "
EIFS is not 'stucco' in the sense of the word stucco. Traditional stucco consists of sand,
Portland cement, and water, and is a hard, dense, thick, non-insulating material. EIFS is
a lightweight wall cladding that includes foam plastic insulation and thin synthetic
coatings.
Specifically, there are three layers to EIFS:
1) Inner Layer.• Foam insulation board that's secured to the exterior wall surface, often
with adhesive.
2) Middle Layer: A polymer and cement base coat that's applied to the top of the
insulation, then reinforced with glass fiber mesh.
3) Exterior Layer.• A textured finish-coat.)
Building Elevations: Building elevations were submitted for this site, prepared by VCBO
Architecture, labeled as Sheets A2.1 and A2.2, dated 10/3/07. Color elevations were also
submitted for this site. Note: The, building entrances shown on the colored elevations do not
match those shown on the architectural drawings. The applicant states that the colored drawings
are more recent and reflect the actual entrances proposed. Staff has reviewed the proposed
elevations and construction materials and is supportive of the elevations and materials proposed.
Site Layout: A conceptual site plan was approved and included in the Development Agreement
for this site depicting proposed building locations and square footages. Staff has reviewed said
plan and found the proposed building size and location to substantially comply with the
previously approved conceptual site plan.
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-SB-lA). 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 a building permit. 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 north end of the planter
island on the east side of the drive-through lane on the west side 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.
A "Caution: Pedestrian Crossing" sign should be installed at the terminus of
the north end of the driveway for the drive-through.
The site plan shall depict the stacking lane, menu and speaker location (if
applicable), and window location for the drive-through window.
b. Staff Recommendation: Staff recommends approval of CUP-07-020 (and DES-07-
020) for Starbuck's drive-through, as presented in the Staff Report for the hearing
date of January 3, 2008, based on the Findings of Fact as listed in Exhibit C and
subject to the conditions of approval as listed in Exhibit B. The Meridian Planning
and Zoning Commission heard this item on January 3, 2008 At the public
hearing, they moved to approve CUP-07-020.
Starbucks Drive Thru CUP-07-020 Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan (prepared by Horrocks Engineers, dated 10/18/07)
3. Landscape Plan (prepared by The Land Group, labeled as Sheet L1.0, dated 11/30/07)
4. Building Elevations (prepared by VCBO Architecture, labeled as Sheets A2.1 & A2.2, dated
10/3/07)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Unified Development Code
Starbucks Drive Thru CUP-07-020 Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
A. Drawings
Vicinity/Zoning Map (property lines shown reflect those in the previous Montvue Subdivision;
the final plat for Gardner-Ahlquist Gateway Subdivision is not yet recorded)
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
2. Site Plan (prepared by Horrocks Engineers, dated 10/18/07)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
2. Landscape Plan (prepared by The Land Group, labeled as Sheet L1.0, dated 11/30/07)
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
3. Building Elevations (prepared by VCBO Architecture, labeled as Sheets A2.1 & A2.2, dated
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Site Plan, prepared by Horrocks Engineers, dated 10/18/07, included as Exhibit A.2, is
approved subject to the conditions listed herein. Submit copies of a revised site plan, depicting
the conditions listed herein, with the Certificate of Zoning Compliance application.
1.2 A "Do Not Enter" sign shall be installed in the ~t~ east end of the planter island on the east
north side of the drive-through lane on the west south side 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 a revised site plan.
1.3 A "Caution -Pedestrian Crossing" sign shall be installed
on the west side of the building where traffic ems enters the
drive-thru; please include signage on a revised site plan.
1.4 The 8-foot wide pedestrian pathway depicted on the site and landscape plans at the north
boundary of the site connecting from the pathway along Eagle Road to the main building
entrance, shall be distinguished from vehicular driving surfaces through the use of pavers, colored
or scored concrete, or bricks, in compliance with UDC 11-3A-19C4b; depict construction
materials/design of pathway on a revised site plan.
1.5 Weather protection (i.e. awning, arcade, etc.) shall be installed within 20 feet of all customer
entrances, in compliance with UDC 11-3A-19C4d; depict on revised elevations submitted with
the Certificate of Zoning Compliance application.
1.6 The Landscape Plan, labeled Sheet L1.0, prepared by The Land Group, dated 11/30/07, is
approved as submitted.
1.7 A bicycle rack capable of holding at least one bicycle is required on the site, per UDC 11-3C-6;
depict location on a revised site plan.
1.8 The site plan submitted with the Certificate of Zoning Compliance shall be revised to depict the
stacking lane, menu and speaker location (if applicable), and window location for the drive
through window, as required by UDC 11-4-3-11B.
1.9 The subject drive-through design is approved as proposed with the conditions noted herein, as it
complies with the standards set forth in UDC 11-4-3.11. Submit a letter from the Transportation
Authority (ACRD) indicating the site plan is in compliance with the authority's standards and
policies.
1.10 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11.
1.11 Except for the "Do Not Enter" and "Caution -Pedestrian Crossing" signs mentioned above, no
signs are approved with this CUP application. All business signs require a separate sign permit in
compliance with the sign ordinance (UDC 11-3D).
1.12 The request for Design Review approval of the site and proposed building with adrive-through
window is approved with the conditions noted herein.
1.13 Staff's failure to cite specific ordinance provisions or terms of approval of the Gardner-Ahlquist
development does not relieve the applicant of responsibility for compliance. The applicant shall
comply with all prior conditions of approval for this site.
1.14 To ensure that the conditions of approval for CUP-07-020 are complied with, the applicant shall
be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
Department prior to commencement of the drive-through use and construction of the proposed
building.
1.15 The applicant shall complete either of the following, prior to issuance of Certificate of
Occupancy of the proposed building:
a. Construct two, minimum 24-foot wide paved driveways that meet the Fire Department
construction standards, to this site (1 to/from Eagle Road via Louise Drive and 1 to/from
Franldin Road via Brooklyn Avenue); or
b. Construct one, minimum 24-foot wide paved driveway that meets the Fire Department
construction standards, to this site from Eagle Road via Louise Drive or Franldin Road
via Brooklyn Avenue and construct temporary construction fencing around the site and
driveway to the site to prevent vehicles from driving across the construction site where
there are no paved driveways/roads.
1.16 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.
1.17 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 Public Works has reviewed the plans for Gardner-Ahlquist Subdivision. All utilities have been
installed and are waiting for approval. Surety has been received for all unfinished work. Public
Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
a. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 Al'1 entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.7 Provide a Knox box entry system for the complex prior to occupancy.
3.8 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.9 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.10 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).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. 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 m).
3.11 There shall be a fire hydrant within 100' of all fire department connections.
3.12 The proposed building may need to be fire sprinklered. This will be determined at the tune of
building permit submittal (per 2006 International Fire Code for A-2 occupancy).
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 Comments were not received from the Parks Department on this application.
6. SANITARY SERVICES
6.1 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard
containers. Allow a minimum of 60 ft. frontal clearance for such containers.
6.2 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the
public hearing. There is a concern that the required modifications may significantly impact your
site design and may require a revised site plan. If the site plan is revised, contact the planner
assigned to the project immediately to discuss the changes and how to proceed with the revised
site plan.
6.3 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1.1 The applicant shall comply with all previous conditions of approval for this site.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
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 proposed building and drive-through facility 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 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 "Commercial."
The proposed use is generally harmonious with the Comprehensive Plan and the 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 adrive-through
should be compatible with other future and existing uses in the general neighborhood and the
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 use 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 fire 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 ACRD.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 3, 2008
Based on comments from other agencies and departments, the Commission 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 adrive-
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. Therefore, 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