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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of Conditional Use Permit Approval for Two Drive-through Establishments
within 300 feet of Another Drive-through Establishment in the C-G Zoning District, by
Boise Food Service.
Case No(s). CUP-08-029
For the Planning and Zoning Commission Hearing Date of: December 4, 2008 (Continued
from November 20, 2008) (Findings on December 4, 2008)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2008,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 4, 2008,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 4, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 4, 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 (LC. §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.
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5. It is found public facilities and services required by the proposed development will not
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6. That the City has granted an order of approval in accordance with this Decision, which
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shall be signed by the Chairman of the Commission and City Clerk and then a copy
z, ,,. served by the Clerk upon the applicant, the Planning Department, the Public Works
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Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
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' for the hearing date of December 4, 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:
~~ 1. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
' ~'` attached in Exhibit A of the staff report dated December 4, 2008, 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 December 4, 2008, incorporated by reference.
~- D. Notice of Applicable Time Limits
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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 axe 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
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period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
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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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
~. ~ CASE NO(S). CUP-08-029
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Commission maybe 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 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 December 4, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-029
Page 3
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By action of the Planning & Zoning Commission at its regular meeting held on the ~
day of ~~,el/' , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
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Copy served upon Applicant, ', r rrr~ ~~~ ~,~partment, Public Works Deparhnent and City
Attorney.
By:~~ `~~~_Ov~, Dated: ~ ~~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-029
Page 4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
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• CUP-08-029
t` On November 20.2008 the Plannins and Zonins Commission voted to continue this proiect to
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allow for a redesicn of the site plan. The applicant has submitted a revised site plan with the
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followins chanses•
• The building orientations have chanced from the previous site plan. The Sonic restaurant
rotated 90 decrees and runs north and south and the Taco Time restaurant has shifted
eastward and no lonser conflicts with the Sonic drive-throush. As a result of the redesisn
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~~ ~~ the applicant has increased the size of the site to better accommodate the proposed drive-
throushs.
_= , • The applicant has shifted the approved northern driveway (E. Cinema Drive) access to the
. west and widened the western access point (S. Millennium Way) for better access to the site.
In addition, an additional drive aisle is depicted which connects the southeast corner of the
- Taco Time site with S. Celebration Avenue.
• The applicant has provided two-way access with the Dutch Brothers site to the south
located in the southeast corner of the proposed Sonic site.
• A revised landscape plan was not provided to staff for review however, it is anticipated that
a landscape plan may be available prior to the public hearins.
• Bike racks have been provided for both sites and the pedestrian connectivity is provided
from the adiacent public sidewalks. Further all parkins stalls and drive aisles are in
compliance with the UDC.
Staff has reviewed the revised site plan and has not recommended any additional
r '1 modifications. Analysis of the revised site plan and modified conditions of approval for the
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CUP are provided in a strike through and underline format below.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
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STAFF REPORT Hearing Date: December 4, 2008
(Continued from November 20, 2008)
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: Sonic/Taco Time
The applicant, Boise Food Service, has applied for Conditional Use Permit (CUP) approval for two
drive-through establishments within 300 feet of another drive-through establishment (Dutch Brothers
Coffee).
The property is currently zoned C-G (General Retail and Service Commercial District). The applicant
is proposing to constntct two fast food restaurants (Sonic and Taco Time) with drive-through
windows on this site. UDC 11-2B-2 lists adrive-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 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, prior to submittal of a Certificate of Zoning Compliance application.
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Sonic/Taco Time CUP-08-029
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
2. SUMMARY RECOMMENDATION
Staff has provided detailed analysis of the requested CUP application below. Staff recommends
~~ ~` approval of the application, based on the Findings of Fact as listed in Exhibit C and subject to
the conditions listed in Exhibit B. The Meridian Planning and Zonins Commission heard this
item on November 20 and December 4. 2008. At the December 4th public hearing. the
= Commission voted to approve CUP-08-029.
a. Summary of Commission Public Hearing:
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~` i. In favor: Bill Strite
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ii.
In opposition: None
~~~ ' '' iii. Commenting:: Casey Huse
iv. Written testimony: None
rj: v. Staff presentins: application: Bill Parsons
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>:;- vi. Other staff commentingt on application: Bill Nary. Anna Cannins
* ~ ° b. Key Issues of Discussion by Commission:
i. Commission felt the site was too small to accommodate two drive-through
restaurants and preferred the applicant revise the concept plan before taldnQ
~, .•'. final action on the proiect.
ii. The internal traffic pattern for the two proposed drive-tlirougThs and potential
traffic conflicts.
'' ~`~~ c. Key Commission Changes to Staff Recommendation:
~` ~ ` ~ i. A revised site plan has been attached in Exhibit A. The staff report has been
~ ; ` undated and conditions of approval modified based on the revised site plan.
~~ ~ These Findings were prepared provided no additional changes to the revised site
~`~ ~ plan orconditions of approval are required by the Planning and Zoning
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Commission.
3. PROPOSED MOTIONS
~Y~ ~ Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-08-
'' _ 029 as presented during the hearing date of December 4, 2008, with the following modifications to
- the conditions of approval: (add any proposed modifications). I fuurther move to direct Staff to prepare
an appropriate findings document to be considered at the next Planning and Zoning Commission
~~ hearing on December 4, 2008.
` Continuance
After considering all staff, applicant and public testimony, I move to continue File Number CUP-08-
"' ~ 029 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
- should state specific reason(s) for continuance.)
~ '
~. Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-08-029
' ~ as presented during the hearing of December 4, 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
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~ document to be considered at the next Planning and Zoning Commission hearing on December 4,
~
~~~ ' 2008•
4. APPLICATION AND PROPERTY FACTS
- a. Site Address /Location:
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
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North of E. Overland Road, on the east side of S. Millennium Way and on the south side of E.
Cinema Drive
SW % of Section 17, T.3N., R.lE.
b. Owner:
Same as Applicant
c. Applicant:
Boise Food Service
1010 Allante Street, Suite #100
Boise, Idaho 83709
d. Representative: Bill Strite, BRS Architects
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 Permit approval
to construct two drive-through establishments within 300 feet of another drive-through business.
5. PROCESS FACTS
a. The subject application is for conditional use approval per City Ordinance. A public hearing is
required before the Planning and Zoning Commission consistent with the provisions of Meridian
City Code, Title 11, Chapter 5.
b. Newspaper notifications published on: November 3, 2008 and November 17, 2008
c. Radius notices mailed to properties within 300 feet on: October 24, 2008
d. Applicant posted notice on site by: November 10, 2008
6. LAND USE
a. Existing Land Use(s): The site currently consists of two vacant lots (Lots 4 and S, Block 1) in
Destination Place Subdivision No. 2.
b. Description of Character of Surrounding Area: This area is transitioning to a mix of commercial,
office and entertainment uses.
c. Adjacent Land Use and Zoning:
1. North: Multi-tenant Building; zoned C-G
2. West: Vacant commercial lot and Multi-tenant Buildings; zoned C-G
3. South: Dutch Brothers Coffee Kiosk; zoned C-G
4. East: Vacant commercial lots and Multi-tenant buildings; zoned C-G
d. History of Previous Actions: In 2004, the subject property was preliminarily platted (PP-04-042)
with 18 commercial lots. The final plat (FP-OS-014) for Destination Place Subdivision No. 1 was
approved in 2005 and portion of the lot 1 and all of lot 2, Block 1 was short platted (SHP-08-001)
as four lots and approved in 2008.
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: None
Sonic/Taco Time CUP-08-029
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
'~. ~~: 2. Vegetation: Existing 10-foot wide landscape buffers.
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3. Floodplain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: NA
6. Size of Property: 1.1 acres
7. Description of Use: Proposed 1,526 square foot Sonic restaurant and a 2,300 square foot Taco
Time restaurant
`~`'~ f. Summary of Proposed Streets and / or Access: The applicant is not proposing any new access
points to South Millennium Way and East Cinema Drive. However, the applicant is proposing to
~~ modify the approved western and northern driveway accesses +~ to facilitate the
-, site redesign. Both Staff and ACHD approve of the new location for the driveway approach along
the northern boundary. In addition, the applicant has provided eae two way cross access with the
- Dutch Brothers site to the south located in the southeast comer of the proposed development (See
attached site plan in Exhibit A).
'_~ ~ 7. AGENCY COMMENTS
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On October 30, 2008 a joint agency and department meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
`" Department and Sanitary Services Company. Staff has included comments, conditions and
recommended actions in Exhibit B below.
~~ ~~. S. COMPREHENSIVE PLAN POLICIES AND GOALS
k' .~~: The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use
~~ -Regional (MU-R)." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category
~;~ contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of
_ compatible land uses that are typically developed under a master or conceptual site plan. The purpose
of this designation is to identify key areas which are either infill in nature or situated in highly visible
or transitioning areas of the city where innovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility."
"~ `''~ The purpose is to designate areas at predominant corners of major arterials that provide a mix of
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employment, retail and residential or public uses. The developments should be anchored by uses that
~~~ have a regional draw with the appropriate supporting uses. The intent is to integrate a variety of uses,
'~V' including residential and to avoid predominantly single use developments such as a regional retail
~` '~ center.
This category includes uses such as grocery stores, drug stores, coffee/sandwich shops, dry
cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants,
banks, drive-through facilities, auto service stations, department stores, medicaUdental clinics,
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'''` schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment
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~`: ~ uses, major employment centers, and clean industry.
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~ I The subject site is currently zoned C-G, which complies with the MU-R land use designation. Staff
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~: believes the proposed drive-through establishments will generally conform to the stated purpose,
;" ~ intent, and standards of the MU-R land use category within the Comprehensive Plan and complement
existing uses in the area. Currently in the area there is a mix of uses including a movie theater, muitl-
`' tenant buildings, personal service shops, restaurants, retail, Harley Davidson Dealership, and animal
x~r :`~ hospital. Staff fmds the following Comprehensive Plan policies to be applicable to this property and
apply to the proposed use (staff analysis in italics):
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
• Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
S. Millennium Way and E. Cinema Drive are designated as local streets. Access points for the
?' '~ ~ subject site were evaluated and approved with Destination Place Subdivision. No additional
~~s?;, access points are proposed with this application. The northern and western access points will
be modified to accommodate the redesign o the site.
°:';'= • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers
along transportation corridors (setback, vegetation, low walls, berms, etc.)."
~:.-,r A 10 foot wide landscape buffer has been installed along S Millennium Way and E. Cinema
°'' ~~ ' Drive with the approval of Destination Place Subdivision.
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• Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install
and maintain landscaping."
¢~ ~: ~'~ In addition to the required streetscape buffers, planter islands and S foot landscape buffers
~`.~'~'= are required adjacent to drive aisles and parking. On the submitted landscape plan the
applicant generally complies with this requirement. See Landscaping in the Analysis section
K below.
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"== ~- • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only
~:'. ~~ where urban services can be reasonably provided at the time of final approval and
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development is contiguous to the City."
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„ City water and sewer are stubbed to the parcels.
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''>~-' • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities
~~' `' within the Impact Area."
=: Staff believes the proposed drive-through restaurants should add to the variety of uses in the
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Staff believes that the proposed project is consistent with the Comprehensive Plan and is
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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
~' "' x' 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 (Dutch
'!~' + Brothers Coffee Kiosk).
b. Purpose Statement of Zone: The purpose of the C-G district is to provide for the retail and
service needs of the community in accordance with the Meridian comprehensive plan.
;' c. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: There are no
'` minimum setback requirements in the C-G zoning district. The maximum building height in the
~'.~'~, C-G zoning district is 65 feet; the elevations for the two proposed buildings comply with this
requirement.
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10. ANALYSIS
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
~`'`~°`~x a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP
~' - , request as proposed, with the following comments:
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~:~ . Dimensional Standards: There are no minimum setback requirements in the C-G zoning district.
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The maximum building height in the C-G zoning district is 65 feet; the elevations for the two
~~a-? =' proposed buildings comply with this requirement.
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Drive-Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the proposed
drive-through uses of the property as follows:
• All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window location on the plans submitted with the Certificate of
~~` Zoning Compliance application. The stacking lanes, speaker location and pick up
windows as shown and comply with this requirement.
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• Stacking lanes shall have sufficient capacity to prevent obstruction of the public
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right-of--way by patrons. Staff believes there is sufficient stacking capacity for the
proposed restaurant uses. ,
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• The stacking lane shall be a separate lane from the circulation lanes needed for access
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°~, and parking. There are separate stacking lanes proposed for each of the proposed
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,: , drive-throughs.
`-~'= " • The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence. NA (The proposed stacking lane is not within 10' of a
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residential district or residence.)
• Any stacking lane greater than one hundred feet (100') in length shall provide for an
F escape lane. The proposed stacking lanes for both drive-throughs exceed 100 feet in
~'F:~k r length; thus escape lanes have been provided as required by the UDC.
• A letter from the Transportation Authority indicating the site plan is in compliance
~-,`-=~; with the authority's standards and policies shall be required. The applicant shall
comply with this requirement if covered under the Transportation Authority's
(ACHD) jurisdiction.
Staff finds that the revised site plan complies with the specific use standards for adrive-through
~~ 3.~ establishment, as set forth in UDC 11-4-3.11.
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Sonic/Taco Time CUP-08-029 Page 6
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
Landscaping: The applicant submitted a landscape plan prepared on September 23, 2008 by Harvest
Design, labeled as Sheet LS-1 consistent with the previous site design. The street buffer landscaping
along S. Millennium Way and E. Cinema Drive were reviewed and approved with the fmal plat for
~' Destination Place Subdivision. This landscaping should remain protected during construction on this
site.
;t~~~~ ~ As mentioned earlier, the applicant has submitted a revised site plan: however due to time constraints
s~; ~ ~ of ~% . ~ a revised landscape plan has not been submitted to staff for review. The applicant will be res op nsible
~ s r~
for submitting a revised landscape plan consistent with the approved site plan and in accordance with
~~~ ;~ :~ UDC 11-3B. Said landscape plan shall be submitted at the time of CZC submittal.
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t s = Parking: Per UDC 11-3C-6, one vehicle parking space per 500 square feet of gross floor area is
~4 ~ required in commercial districts. The proposed buildings consist of 1,526 square feet and 2,300
'~ ` ~ square feet; thus, 8 parking spaces are required. The applicant is proposing 43 parking spaces on the
~~` site for both restaurants, which complies with this requirement. Nineteen of the stalls are proposed for
„ ~ ..F ~~' drive up ordering (vehicle dining) and a total of 24 stalls are proposed for patron parking (10 stalls for
~~" ~"* '~- the Sonic site and 14 stalls for Taco Time). All of the stalls meet the dimensional requirements of the
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r~"4,u~ =`'~,• parking space shall be provided for every 25 vehicle parking spaces.
~~,'<= ti '~~'~^ ~^^'~ ^° +''^ °'+^. The applicant is providing a bike rack for each of the proposed drive-trough
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;~ ~ ~~ Access: The applicant is not proposing any new access points to South Millennium Way and East
~_ .,~;
~~~ •~ „.Ss~._ , : Cinema Drive and none are approved with this application. However, the applicant is proposing to
~$ ::' ~`'~ shift the approved northern driveway (E. Cinema Drive) access to the west and widening the western
rru,
.~ , ` '` access point (S. Millennium Way) to accommodate the redesign of the site. Staff approves of the
~: modifications to the existing driveways and has received verbal confirmation from the applicant
;. ~` }':'• ACHD has no objections as well. A cross access easement was created for the lots to share access
t~ ~; ,~ ~~ ~ . to/from the western driveway. The applicant is also gropOSlllg an additional two-way drive aisle
`" '~~~'~~~ located in the southeast corner of the site rop viding connectivity with the existing Dutch Brothers site
~"~ ' ~'-°?4 r ' = as approved with the Dutch Brothers CZC. In addition, the applicant is de ip cting an additional drive
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;~` .: ~ x ~ aisle connecting the southeast comer of the Taco Time site with S. Celebration Avenue. Said drive
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: ~ Sonic/Taco Time CUP-08-029 Page 7
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
aisle should be constructed with the development of the site.
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F~`;"':'' ~ ~•~-a~e'~Further, Staff has conditioned the applicant submit a copy of the recorded cross access
~~' `ti agreements with CZC submittal, rig surroundin dg eveloued and undeveloped lots internal access
~~-`~ and access to public streets.
"' _ Property Boundary Adiustment: As the lots are configured and approved with the plat for
~~ `" Destination Place No.2,
' a large portion of Taco Time site is not located on the
applicant's property. Staff has informed the applicant that a property boundary adjustment
E,?-: ';'
'` should be submitted to the City once the procurement of the CUP is obtained. Staff has
~';` ~>~~ included a condition of approval in Exhibit B requiring the applicant submit a recorded copy of
the property boundary adjustment prior to the issuance of a CZC to accommodate the redesi
. ~ of the site plan.
~,„ Building Elevations: Building elevations were submitted for this site, prepared by BRS Architects
"' " "' and Sonic Corporation, labeled as Sheets CU-2 and A2, dated September 5 and 19, 2008. The
~'~:~' ;
proposed Sonic restaurant is to be constructed of grey concrete wall panel veneer with glazing on the
t :.' western facade and an arched canopy over the outdoor seating area. Poster boards and colored
canopies will accent the north and south facades. In addition the parking along the southern boundary
`~ !,'`' will be covered by the same colored canopies accenting the proposed building.
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The proposed Taco Time Building is shown to be constructed of stucco with stone accented fagade
and corners. A glazing element is provided for the dine in portion of the proposed building. Cornices
and modulation in the building is also part of the design features. The applicant has also depicted an
outdoor seating area covered with a wooden trellis surrounded by a 3-foot decorative stone veneer
wall. Staff is supportive of the proposed elevations and has attached these elevations in Exhibit A.
Any future buildings constructed on the site shall substantially comply with these elevations.
Further, Staff believes the trash enclosure should be constructed of high quality materials and
complement the overall design of the buildings. Staff recommends the applicant construct said
enclosure with acceptable materials, including but not limited to, tinted or textured masonry
block, textured architectural coated concrete panels, or stucco or stucco-like synthetic materials
with solid metal doors. The applicant should provide a trash enclosure detail at the time of CZC
submittal.
Hours of Operation: The applicant is proposing hours of operation from 6 am to 12 am daily. Staff
has no objections to the proposed hours of operation.
Site Plan• ~t,~€f~as~e~ee~vve-d~slte . ~ ~--+ '-,--~ ~..~~..~~~a ~•, une n,.,.~,;~o„t~_ a.,~oa
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The revised site plan prepared by BRS Architects, dated 12/01/08, labeled as sheet CU-R-3 is
approved with no modifications from the Planning Department.
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Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to
issuance of building permits, for the two proposed drive through restaurants. The site plan submitted
with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this
report and shall be submitted prior to establishment of the new use. All improvements must be
installed prior to occupancy.
b. Staff Recommendation: Staff recommends approval CUP-08-029 for Sonic/Taco Time Project, as
presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of
Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian
Planning and Zoning Commission heard this item on November 20 and December 4, 2008. At the
December 4`~ public hearing, the Commission voted to approve CUP-08-029.
11. EXI~BITS
A. Drawings
1. Vicinity Map
2. Site Plan (Revised)
3. Landscape Plan (dated September 23, 2008) (NOT APPROVED)
4. Building Elevations (dated September 5 and 19, 2008)
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
Sonic/'I'aco Time CUP-08-029
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
A. Drawings
1. Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
2. CUP Site Plan Revised
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3. Landscape Plan (NOT APPROVED)
Exhibit A
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
4. Building Elevations
Sonic Elevations
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Q'1 PRCNT ELEVATION B
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The site improvement plan, prepared by BRS Architects dated 12/01/08, labeled as Sheet CU-3R, is
~~roved with no modifications from the Planning Department.
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1.2 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-11 for drive-
through establishments as follows:
a. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way/driveway
by patrons;
b. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking;
c. A letter from the Transportation Authority indicating the site plan is in compliance with the authority's
standards and policies shall be required.
1 3 The applicant shall submit a revised landscape plan consistent with the approved site plan in accordance
with UDC 11-3B. Said landscape plan shall be submitted at the time of CZC submittal. q~e~e
- 1.4 The 10-foot wide landscape buffers adjacent to S. Millennium Way and E. Cinema Drive shall remain
protected during construction on the subject site. Any landscaping damaged during the construction shall be
replaced with equal or superior plantings and materials.
~' ~~` 1.5 Building elevations for the proposed buildings shall comply with the elevations shown in Exhibit A.4 and
with the conditions noted in this report.
~Y', ~ 1.6 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply
y:- .~ with the conditions of approval listed herein, prior to issuance of building permits.
1.7 No new access points to S. Millennium Way and E. Cinema Drive are approved with this application with
the exception of the widening of the western driveway approach and the relocation of the northern driveway
approach onto E. Cinema Drive as ap roved by ACRD.
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~. y y 1.8 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.
1.9 No new signs are approved with this CUP application. All business signs require a separate sign permit in
~_`~ compliance with the sign ordinance (UDC 11-3D).
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1.10 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the
conditions of approval listed above. If the business has not begun within 18 months of approval, a new
conditional use permit must be obtained prior to operation or a time extension shall be submitted in
accordance with 11-SB-6F.
~_ `.~ 1.11 Staff's failure to cite specific ordinance provisions or terms of approval of the Destination Place
'`` ` ~ development does not relieve the applicant of responsibility for compliance. The applicant shall comply with
~,
§: ; , all prior conditions of approval for this site.
Y'r;, ' 1.12 The applicant shall submit a recorded copy of the ~ e~rty boundary adiustment prior to the issuance of a
CZC to accommodate construction for the Taco Time site and the elimination of the narrow lot east of this
~, site as proposed.
1.13 Business hours of operation for the proposed restaurants shall be limited to the hours between 6 am and 12
E am daily.
E>~~ ~~ 1.14 Across-access easement shall be recorded, via a recorded document, for all lots within Block 1 of
~ ~~ ". Destination Place Subdivision and Destination Place Subdivision No. 2. A copy of the recorded cross access
agreements ^'°„R ~''° • °^+°-w ,.,.,.i.°,-. ^„'' „°-*'~°-M ''^.,,,a^^°° shall be included with CZC application
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submittal.
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- 1.15 The applicant shall construct the trash enclosure with acceptable materials, including but not limited to,
tinted or textured masonry block, textured architectural coated concrete panels or stucco or stucco-like
~ synthetic materials with metal doors. The applicant shall provide a trash enclosure detail at the time of CZC
submittal.
,' ',
~~ 1.16 The applicant shall construct the internal drive aisle extending from the southeast corner of the Taco Time
_ site to S. Celebration Avenue as pro op sed•
2. PUBLIC WORKS DEPARTMENT
` 2.1 Sanitary sewer service to this development was previously installed or surety was provided. The applicant
-;: < shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the
~' ~~` Public Works Department, and execute standard forms of easements for any mains that are required to
provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
;:~ less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works
t,..,,, .
''~~~` Departments Standard Specifications.
~' ' 2.2 Water service to this site was installed or surety was provided. The applicant shall be responsible to install
water mains to and through this development, coordinate main size and routing with Public Works.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
3`>,`~; water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the
- primary source. If a surface or well source is not available, asingle-point connection to the culinary water
,' system shall be required. If a single-point connection is utilized, the developer will be responsible for the
~~, , ; payment of assessments for the common areas prior to obtaining a certificate of occupancy.
2.4 All existing structures that are required to be removed shall be prior to obtaining certificates of occupancy.
~~, ;:;~ Exhibit B - 3 -
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008 ~ ,
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`~ ~! 2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying
5_
~' `' '" adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be
= approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with
~ ~ ~' ~ written approval or non-approval submitted to the Public Works Department. If lateral users association
~~" approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer
prior to final plat signature.
ry' 2.6 Any existing domestic well system within this project shall be removed from domestic service per City
i' Ordinance Section 9-1-4• and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500
?' ~-` for inspections of disconnection of services. Wells may be used for non-domestic purposes such as
~' ~~ ,
',r` landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at
(208)334-2190.
~:-,~ 2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section
9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-
. 5211.
`~ 2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots li
~~ constructed, road base approved by the Ada County Highway District prior to applying for building
F ~ permits.
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2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing,
landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to obtaining a certificate of
' ' occupancy.
2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized
`:' ~_~ irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. -
2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection
rt fees, as determined during the plan review process, prior to obtaining a certificate of occupancy.
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2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe
` required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
. 2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
a ~ 2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the
footing is at least 1-foot above.
2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are
installed in accordance with the approved design plans. This certification must be received by the City of
''' Meridian Public Works Department prior to the project receiving final approval
2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per the City
'^ ~~' ~ of Meridian AutoCAD standards. These record drawings must be received and approved prior to the
;., ,
issuance of a certification of occupancy for any structures within the project.
.. 1
' ` ~ 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public -
Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street
`.'- ~~? intersections and/or fire hydrants. Final design locations and quantity are determined after power designs
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
are completed by Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior to commencing installations.
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.
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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 comers when spacing permits.
e. 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 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius.
The applicant shall demonstrate the site complies with this requirement to the satisfaction of the Meridian
Fire D artment rior to the issuance of a CZC.
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3.4 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.
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3.5 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.
3.6 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 i
with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.7 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall
have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW.
3.8 Provide a Knox box entry system for the complex prior to occupancy.
3.9 All portions of the buildings located on this project must be within 150' of a paved surface as measured around
the perimeter of the building. i
3.10 Provide exterior egress lighting as required by the International Building & Fire Codes.
4. POLICE DEPARTMENT
4.1 The Police Department did not provide comments on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
Exhibit B
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
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C. Required Findings from Unified Development Code
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1. Conditional Use Permit Findings:
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.. The Commission shall base its determination on the Conditional Use Permit request upon the
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following:
,dry, t 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.
~ y The proposed buildings and drive-through facilities on this site can accommodate and meet all
'- ~ u dimensional and development regulations of this district (as amended). The Commission fmds that
~<;-~`' the subject property is large enough to accommodate the required parking, landscaping and other
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features required by the ordinance. The Commission should rely on Staff s analysis, and any oral or
Y' written public testimony provided when determining if this site is large enough to accommodate the
s °?" ~ 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 fmds that the Comprehensive Plan designation for this property is "Mixed Use-
,:~~: Regional." 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). _
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c. That the design, construction, operation and maintenance will be compatible with other uses
E;, 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
~, _ w~ ~, general design, construction, operation, and maintenance of two restaurants with adrive-throughs
~"`"` ` I 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
~ ~i written public testimony provided when determining if this site will be compatible with other uses
in the general vicinity.
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E-:',..`a '' d. That the proposed use, if it complies with all conditions of the approval imposed, will not
_, adversely affect other property in the vicinity.
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~' The Commission fmds that if the applicant complies with the conditions outlined in this report, the
~k~ .,- proposed use will not adversely affect other property in the area. The Commission should rely upon
k ,::_ any public testimony provided to determine if the development will adversely affect the other
„ property in the vicinity.
r ~ ' 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
~~ I
F , ~ disposal, water, and sewer.
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The Commission fmds that sanitary sewer, domestic water, refuse disposal, and irrigation are
r= ~~ " currently available to the subject property. Please refer to any comments prepared by the Meridian
~M' `-`-~ `~ Fire Department, Police Department, Parks Department, Sanitary Services Corporation, and ACRD.
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~~ Exhibit C - 1 -
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2008
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
P~ ~~ 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 fords there will not be excessive additional requirements at public cost and that the
~x ''`^~ `' proposed use will not be detrimental to the community's economic welfaze.
~:.
~~' " 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 b reason of excessive roduction of traffic noise smoke fumes glare or odors.
Y P >
The Commission recognizes that traffic and noise will increase with the approval of a two
restaurants with drive-through uses in this location; however, the Commission does not believe that
the amount generated will be detrimental to the general welfaze of the public. The Commission
does not anticipate the proposed use will create excessive noise, smoke, fumes, glaze, or odors.
Therefore, the Commission fords that the proposed uses will not be detrimental to people, property
or the general welfaze of the azea.
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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 fords 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
fords 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
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