HomeMy WebLinkAboutMason Creek Pad A CUP-09-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECETVED
JUN 0 32009
CITY OFGLC „~
CITY CLERKS OFFICE
E IDIAN~-~-
I~aHo
In the Matter of Conditional Use Permit to Operate aDrive-Through Establishment from
an Existing Building within 300 feet of a Residential District, by BRS Architects.
Case No(s). CUP-09-006
For the Planning and Zoning Commission Hearing Date of: June 4, 2009 (Findings on June
4, 2009 agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of June 4, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 4, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 4,
2009 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 4, 2009, 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-09-006
Page I
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Commission Chair 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 Conditions of Approval in the attached Staff Report
for the hearing date of June 4, 2009, 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 a Site Plan
Landscape Plan and Elevations, attached in the Staff Report as Exhibit A, 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 June 4, 2009, 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 may be 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-09-006
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
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action 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 may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of June 4, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-006
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the ~ ~h
day of ~~,,/~„g , 200.
COMMISSIONER DAVID MOE VOTED__C7~/~,
(Chair)
COMMISSIONER MICHAEL ROHM VOTED ~""
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED~~~~Q/t.'~`
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAV MOE
Copy served upon Applicant,
Attorney.
Department, Public Works Department and City
By: ~ Dated:
City Clerk's Office
_ Jr ~.. I
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-006
Page 4
STAFF REPORT Hearing Date: June 4, 2009
(Continued from May 21, 2009) E IDIAN~---
TO: Planning & Zoning Commission I p ~ H p
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: CUP-09-006 -Mason Creek Pad A
I. SUMMARY 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. The
Meridian Planning and Zoning Commission heard this item on May 21 and June 4, 2009. At the
June 4, 2009 public hearing, the Commission voted to approve CUP-09-006.
a. Summary of Commission Public Hearin:
i. In favor None
ii. In opposition: None
iii. Commenting: Joe Thompson
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on_ application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
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 June 4, 2009 with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-09-006, as
presented during the hearing on June 4, 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/Location:
The site is located at 2959 N. Eagle Road, approximately 650 feet south of E. Ustick Road, in the
Mason Creek Pad ACUP-09-006 PAGE 1
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 Statement/Justification: Please see applicant's narrative for this information.
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 1 1, 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:
Mason Creek Pad ACUP-09-006 PAGE 2
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 ACHD by the
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, retaillgift shops, clothing stores, garden centers, restaurants,
banks, drive-through facilities, auto service stations, department stores, medical/dental 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 (ACHD), ITD and the BOA. This service will not change.
Mason Creek Pad ACUP-09-006 PAGE 3
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 N, 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 N, 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
the required 35 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
Mason Creek Pad ACUP-09-006 PAGE 4
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:
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 park in 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. ACHD's comments are provided
in Exhibit B below.
Mason Creek Pad ACUP-09-006 PAGE 5
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
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 finds 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. EXHIBITS
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
Mason Creek Pad ACUP-09-006 PAGE 6
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 7
1. Vicinity/Zoning Map
Exhibit A - 1 -
2. Site Plan (dated: 4/22/09)
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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-5). All landscaping shall be complete
prior to certificate of occupancy.
• The applicant shall provide a copy of the signed license agreement from NMID
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 (UDC 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 ACHD 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 may be 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).The
Commission finds 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
"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 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 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.
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 finds 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.
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.
The Commission recognizes that traffic and noise is a concern; however, the Commission
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. The Commission 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.
The Commission 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. 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 - 2 -