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HomeMy WebLinkAboutStaff ReportSTAFF REPORT Hearing Date: May 21, 2009 TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: CUP-09-006 -Mason Creek Pad A E IDIAN -- 91~~R~ I. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, BRS Architects, has applied for Conditional Use Permit (CUP) to operate adrive-through facility within 300 feet of a residential zoning district. The future drive-through business is proposed to operate from an existing building constructed on the site; zoned C-G. II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed development with the conditions of approval listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-006, as presented in the staff report for the hearing date of May 21, 2009 with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission meeting on June 4, 2009. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-09-006, as presented during the hearing on May 21, 2009, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-09- 006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/I,ocation: The site is located at 2959 N. Eagle Road, approximately 650 feet south of E. Ustick Road, in the Section 5, Township 3 North, Range 1 East. B. Owner: Sam Walker 112 Hummingbird Lane Orcas, WA 98280 C. Applicant/Representative: BRS Architects 1010 Allante Place Boise, ID 83709 D. Applicant's StatementlJustification: Please see applicant's narrative for this information. Mason Creek Pad ACUP-09-006 PAGE 1 V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 4, and 18, 2009 C. Radius notices mailed to properties within 300 feet on: Apri130, 2009 D. Applicant posted notice on site by: May 11, 2009 VI. LAND USE A. Existing Land Use(s): The subject site is currently a developed C-G zoned lot within the Bienville Square Subdivision and houses amulti-tenant building. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded by a mix of planned and existing commercial and residential developments. 1. North: Vacant Commercial Land, zoned C-G 2. East: Eagle Road and Restaurants, zoned C-G 3. South: Multi-tenant Commercial Building, zoned C-G 4. West: Vacant Commercial Land, zoned C-G C. History of Previous Actions: The subject lot is a legal parcel created with the Bienville Square Subdivision. CZC-08-094 was issued and construction commenced for the existing building and site improvements. The site is subject to the previous approvals and conditions that govern this site. The approvals include AZ-OS-057, RZ-OS-019, PP-OS-059, CUP-OS-052, PS-OS-002, VAR-06-018, VAR-07-012, FP-07-012 and DA instrument #'s 107044347 and 104107408. D. Utilities: 1. Public Works: a. Location of sewer: Sewer service for this site was installed with the Bienville Square Subdivision. b. Location of water: Water service for this site was installed with the Bienville Square Subdivision. c. Issues or concerns: The sewer and water systems have not been approved by Public Works. E. Physical Features: 1. Canals/Ditches Irrigation: The Milks Lateral transverses along the eastern boundary adjacent to Eagle Road. The associated landscaping, a portion of the driveway, a seepage bed, and a 10-foot pathway encroach on Nampa Meridian Irrigation District (NMID) easement. The applicant needs to initiate and sign a license agreement with the irrigation district to allow the encroachment of the aforementioned items. Certificate of Occupancy will not be issued until this issue is resolved and staff has a copy of the signed license agreement. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA 4. Topography: NA F. Access: Access to Eagle Road was approved by ITD and granted by City Council thorough a variance. The variance approved a single, right-in/right-out access point approximately 880 feet from the Eagle Road and Ustick Road intersection. A public use easement was granted to ACRD by the Mason Creek Pad ACUP-09-006 PAGE 2 northern property owner that provides a public street access to Ustick Road for the Bienville Square Subdivision. Across-access and shared parking agreement exists for the commercial lots through a note on the final plat for Bienville Square Subdivision. VII. COMPREHENSIVE PLAN POLICIES AND GOALS 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." 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, schools, parks, churches, public uses, clubhouses, hardware stores, salons, daycares, entertainment uses, major employment centers, and clean industry. Staff has highlighted above, the appropriate use identified in the Comprehensive Plan. The applicant is proposing a use that is supported by the Mixed Use -Regional land use designation. Further, the subject lot was approved under a master concept plan which envisions a mix of residential and commercial uses. Therefore, Staff believes the future drive-through business is an appropriate use on this site and is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian provides municipal services to the subject property in the following manner: - Sanitary sewer and water service are provided to the site. - The subject lands are serviced by the Meridian City Fire Department. - The subject lands are serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject site are currently owned and maintained by the Ada County Highway District (ACfID), ITD and the BOA. This service will not change. Municipal, fee-supported, services will be provided 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. • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." Access points for the subject site were evaluated and approved with the Bienville Square Subdivision. No additional access points are proposed with this application or for the subdivision. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Eagle Road is designated an entryway corridor By City Ordinance, a 35 foot wide landscape buffer is required adjacent to this roadway. A variance was approved by Council that allowed Mason Creek Pad ACUP-09-006 PAGE 3 the required 3S foot landscape buffer to be reduced to 20 feet. See information below regarding maintenance of the landscaping on the site. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The landscaping along Eagle Road has been installed but has not been maintained. Further, Staff was contacted by the NMID about possible encroachments within their easement. Staff has concluded a portion of the drive aisle, seepage bed, a 10 foot pathway and associated streetscape landscaping encroaches within the irrigation easement. Further, the required streetscape trees will have to be removed so that the tiled lateral is not damaged. The owner of the property will have to amend the landscape plan through alternative compliance and submit a signed license agreement from the NMID prior to release of occupancy for the building on the site. NOTE: Because the landscaping has not been maintained and the 10 foot pathway was removed as a result of the building being constructed on the site, the owner of the property will have to construct the 10 foot pathway and improve the landscaping along Eagle Road via alternative compliance for the removal of the trees and plant said buffer in accordance with NMID and UDC standards • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." The existing commercial building on this site is part of a larger commercial and residential mixed use development. Staff believes if this site develops as approved the proposed drive- through business will provide a needed service to the area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. B. Schedule of Use: UDC 11-2B-2 lists drive-through establishments as an Accessory/Conditional use in the C-G zone, with Specific Use Standards. 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 (see Section 9 below for additional specific use standards related to drive-through establishments). C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping 1. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). The associated landscaping is already constructed on the site and approved with the CZC-08-094.The landscaping along Eagle Road has to be addressed through an alternative compliance request because the required trees have to be removed per NMID. E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area; a 7,862 square foot building is constructed on the site. Based on this amount, 16 parking stalls would be required; 24 standard stalls and 7 compact stalls are constructed, which complies with this requirement. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Mason Creek Pad ACUP-09-006 PAGE 4 1. CUP Application: Conditional use permit approval is requested to operate adrive-through facility within 300 feet of a residential zoning district. The future drive-through business is proposed to operate from an existing building constructed on the site; zoned C-G. The Comprehensive Plan designation for this site is designated as Mixed Use-Regional. Staff is supportive of the proposed use on this .site and believes it is consistent with the Comprehensive Plan (see Section VII above for more information). Drive-Through Establishment: Per UDC 11-4-3-11, Specific Use Standards apply to the proposed drive-through use 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 window locations are shown and comply with this requirement. + Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. The stacking of cars on this site should not obstruct patrons from accessing the public right-of-way. See bullet #3 below for further analysis. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. There is a potential for vehicles to block the parking area in front of the building during peak hours. The submitted site plan depicts the stacking lane could accommodate five cars before a portion of the parking area is obstructed. In addition, the applicant has provided a 25-foot one-way drive aisle to help facilitate vehicles to parking area located in the rear of the building. There is also an additional driveway entrance at the rear of the site for access to the rear parking area and provides atwo- way drive aisle width of 25 feet. • 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 residential district or residence.) • Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The stacking lane does not exceed 100 feet. However, the applicant has provided an escape lane to help facilitate traffic from the site if stacking blocks some of the parking area and patrons need to parkin the rear of the building. • A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. ACFID's comments are provided in Exhibit B below. Access: Access along Eagle Road and Ustick Road were approved with the Bienville Square Subdivision. Access to this lot is provided via a private street which also provides aright- in/right-out access to Eagle Road. A variance was granted by City Council allowing the right- in/right-out access point. Across-access and shared parking agreement exists for the commercial lots through a note on the final plat for Bienville Square Subdivision. Subdivision improvements are needed to complete the connection of the private road to the public road to allow patrons to exit the site to Ustick Road. Direct lot access is not proposed or approved with this application. Site Design: The site plan submitted with this application was reviewed and approved with CZC-08-094. Staff believes the site could function with the associated drive-through establishment as constructed. Further, the approved site plan represents what is already constructed on the site minus the 10-foot pathway adjacent to Eagle Road. Because the submitted site plan depicts a 10-foot pathway, staff is not recommending any changes to the Mason Creek Pad ACUP-09-006 PAGE 5 submitted site plan attached as Exhibit A.2. However, said pathway will have to be constructed prior to release of occupancy for the building. Landscaping: The applicant has submitted a landscape plan which was also reviewed and approved with the aforementioned CZC. Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and fords it complies with the landscaping requirements in UDC 11-3B-8 and was amended through alternative compliance (ALT-09-004). However, the landscaping along Eagle Road has been installed but not maintained. Because the landscaping along Eagle Road is located within a landscape easement it remains part of the subject lot. Thus, the owner of the property is responsible for maintaining the landscape buffer and re-installing the 10-foot multi-use pathway. Further, Staff was contacted by the Nampa Meridian Irrigation District about possible encroachments within their easement. Staff has concluded a portion of the drive aisle, seepage bed, a 10-foot pathway and associated streetscape landscaping encroaches within the irrigation easement. Per our conversation with the District, the required streetscape trees will have to be removed so that the tiled lateral is not damaged. The owner of the property will have to amend the landscape plan approved with CZC-08-094 and ALT-09-004 and submit a signed license agreement from NMID allowing the site improvements prior to release of occupancy for the building on the site. Building Elevations: The building elevations attached in Exhibit A are the elevations approved with CZC-08-094 and DES-08-028. This site was also approved under the old design review standards of the UDC. Further, the submitted elevations represent what is currently constructed on the site. Therefore, staff is not recommending any changes to the submitted elevations attached as Exhibit A.4. X. EXI~BTTS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: 04/22/2009) 3. Landscape Plan (dated: 04/24/2009) 4. Building Elevations (dated: 04/20/2009) 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 Mason Creek Pad ACUP-09-006 PAGE 6 1. VicinitylZoning Map _-E USTiClt RD _~____ _ ___ v, _ _~_ _. __ .___ -- - _ _-----T-- -- ___ - -----T _ _ - r_ _ - - ~ - __ _ - - -_ _ ---~~; _ _ - _. ---r _ ~ 32 51 ~ {{ M~~~ 1 i :., k . _ _ i ` . ._.__ _ ti at __ '" ) .3085 _-- ---- + ~ i ; - - 3375 i 3112 / -_ ~ ~ ~ '~ ~ ~ _ _ _ _ , 8452 <_~, ` . _' _ ---- - - _ ~ - -__.~ ~_ _._. - ; 3035 3055 ' { 3004 r' ---- ~ - _ i l ~, - t i~ -- =-- , - ~---- . _- , -~, _ _ ,, r SITE 3028 ____ - - ._ _ _ ~----- ------- ~ ` ~ ~ '' ' ~ ~ 2934 ' _ __._. - F - „* _' 86 29 ~ c-~ 4 ---~- ; ~ r- -- - ; 1 t ~ - -- ~ ,, --- - ---- -- - 964 --- -, ~ '"_ - RIB " : ~ - +---- . ~ -- ~ _._,. ;R_~ ----- -,--•-. - _, ,- E..' - _- - , 1 zees _ t _____ -_ _ --- _ ~ _~ ~ ~ --- ---- _-_ ~ i ( t _ ~---- ~' j zaa2 --- . ' r - - -- ' --- ~. '----- i, , ... ,__ _ } 2830 ' . - ----- - 4 ~ 3065 3014 ~ 104 / ~ i T Fi li'1 500 2832 2908 2972 R~ ,*~,- Rl f 31 sa L 3047 3109 ` Exhibit A -1 - 2. Site Plan (dated: 4/22/09) p i~ u~~ ~~ ,~ ~ ,~~,~ ~~ : ~ , ~ ~ , ' c i ~~ ' ~ { , ,~ ~ ~~..'d~~~.-. ' _ ~~ J r. ~ _`' i j , ~ ~ fi ~ ~ ~ y ` ~ i ~ C .K Ptd t.` i i . ~ } ~, ~ { ! ~. n _______ ;g~ ® i n ~ ~ Bg C 8~ ~ ~ tl i gA ___~ ~f pg yE \ \ i J I ~,. f0~'n'' I§0 ~ qq r 1 ~! ~...m, ~~ _ fa '.yy C ~- L ~:~: ;,l. ~:~;~ ~: ~ ~.~ ,~ .,~ ~~~ 8 A 1 ! ~ ~ , ~ I ~ I j I ~ ~ i Ji ~ ~ ~~ j $~ j xa N ~~ ~+a ~ ~~ ~ a~ ~a w ~ -~ D ~ ~ ~ i O~•I ~• ,;: - - ~__ '.~~1 Exhibit A - 2 - 3. Landscape Plan (dated: 2/26/09) Exhibit A - 3 - 4. Building Elevations (dated: 4/20/2009) (Approved with CZC-08-094 & DES-08-028) II I 6 ' ' ..p - Easy E~EVana~ °a° ~~ Q SOUTH ELEVaTfON °d° sae~~ar°ra WEST EIEVaTiON PaD °A° mug t~•ro Exhibit A - 4 - NORTH ELEYaTION °A° mae tts.na B. Conditions of Approval On April 30, 2009 a joint agency and departments meeting was held with service providers in this area. These agencies submitted comments on this application, which are included below. 1. Planning Department 1.1 The Applicant shall comply with the Specific Use Standards for drive-through establishments listed in UDC 11-4-3-11. 1.2 The Site Plan, labeled Sheet ALT-1 (as amended with CZC-08-094), prepared by BRS Architects, dated 04/22/2009, included in Exhibit A, is approved, with no changes. All site improvements detailed on the site plan shall be complete prior to certificate of occupancy. 1.3 The Landscape Plan, labeled Sheet L1, prepared by Breckon Land Design, dated 04/24/2009, shall be amended with the following changes: The applicant shall amend the landscape plan approved by CZC-08-094 and ALT-09- 004 to include the 20-foot landscape buffer adjacent to Eagle Road depicting the location of the 10-foot pathway and revised plantings to be reviewed and approved through alternative compliance (UDC 11-SB-S7. All landscaping shall be complete prior to certificate of occupancy. The applicant shall provide a copy of the signed license agreement from NNIID allowing the drive aisle, seepage bed, 10-foot pathway and associated landscaping (as amended) prior to certificate of occupancy. 1.4 The applicant shall submit a Certificate of Zoning Compliance application for the proposed drive- through establishment with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits. 1.5 All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11- 3D). 1.6 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11. 1.7 The existing landscaping shall remain protected during construction on this site. Any damage to the existing landscaping shall be replaced to its original condition. 1.8 Staff's failure to cite specific ordinance provisions or terms of approval of the Bienville Square Subdivision does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.9 Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above (iIDC 11-SB-6F). If the approved use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. Public Works Department 2.1 Sewer service for this site was installed with the Bienville Square Subdivision. 2.2 Water service for this site was installed with the Bienville Square Subdivision. 3. Fire Department 3.1 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius and support an imposed weight of 75,000 GVW. Based on the submitted site plan, dated 04/22/2009, the Fire Department has concerns with compliance of the turning radii when the future building to the west of this site develops. The applicant shall Exhibit B - 1 - coordinate with the Fire Department prior to site design for this parcel to ensure compliance with turning radii. 3.2 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). 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 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 The applicant shall comply with all previous conditions of approval for this site. 7.1.2 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B - 2 - 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - 3 - C. Required Findings from Unified Development Code 1. Conditional Use Permit Findings: The decision making body 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 (as amended). Staff 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 Staffs 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. Staff 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 7, 8 and 9 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 e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff fmds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed drive-through establishment should be compatible with adjacent commercial uses and intended character of the area. The Commission should rely upon any public testimony provided to determine if the development will be compatible with other uses in the 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. Staff fmds 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. Staff fmds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C - 1 - 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. Staff fmds 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 is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff fmds 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 _ 2 _