Centrepoint Drive-through - CUP-14-018CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN�--
IDAHO
In the Matter of the Request for a Conditional Use Permit for a Drive -through Establishment
within 300 feet of an Existing Drive -through Establishment in the C-G Zoning District, Located at
3421 N. Eagle Road, by The Land Group Inc.
Case No(s). CUP-14-017
For the Planning and Zoning Commission Hearing Date of. December 18, 2014 (Findings on
January 6, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2014, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 18, 2014, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 18,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 18, 2014, 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 and 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-017
Page 1
upon the applicant, the Planning Division, 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 December 18, 2014, 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 § 1I-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for a conditional use permit to operate a drive -through establishment is
hereby approved in accord with the conditions of approval in the attached staff report for the
hearing date of December 18, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
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
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a 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.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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 18, 2014.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-017
Page 2
By action of the Planning and Zoning Commission at the special meeting held on the C O day of
, 2015.
COMMISSIONER JOE MARSHALL, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER SCOTT FREEMAN
COMMISSIONER RHONDA McCARVEL
COMMISSIONER PATRICK OLIVER
Attest:
MaLbel-I
Jaycee Holman, City Clerk
VOTEDY —41--
VOTEDC4(
VOTED 5fklf
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-017
Page 3
EXHIBIT A
STAFF REPORT
HEARING DATE: December 18, 2014 W IDIAN*.=_--
C ��_
TO: Planning and Zoning Commission 1 D A H O
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Centrepointe Drive -through — CUP-14-017
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, The Land Group, Inc., has applied for a conditional use permit (CUP) for a drive -
through establishment within 300 feet of an existing drive -through establishment in the C-G zoning
district. See Sections VII, VIII & IX for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP application with the conditions of approval listed in
Exhibit B and based on the Findings of Fact and Conclusions of Law listed in Exhibit C. The
Meridian Planning and Zoning Commission heard this item on December 18, 2014. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Denise Lauerman
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tamara Thompson
v. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
L None
c. Key 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-14-
017 as presented in the staff report for the hearing date of December 18, 2014, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-14-017
as presented in the staff report for the hearing date of December 18, 2014, for the following reasons:
(You should state specific reasons for denial.)
Continuance
I move to continue File Number CUP-14-017 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Centrepointe Drive -through — CUP-14-017 PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 3421 N. Eagle Road in NE'/4 of Section 32, Township 4 North, Range 1
East. (Parcel #R1343770170)
B. Owner:
Interface Properties
1001 E. Telcom Drive
Boca Raton, Florida 33431
C. Applicant:
Tamara Thompson, The Land Group, Inc.
462 E. Shore Drive
Eagle, Idaho 83616
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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: December 1, and 15, 2014
C. Radius notices mailed to properties within 300 feet on: November 20, 2014
D. Applicant posted notice on site by: December 5, 2014
VI. LAND USE
A. Existing Land Use(s): The property is currently developed with an existing 6,400 square foot
commercial building (Fuddruckers restaurant) that will be demolished to construct the proposed
development. The property is zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is surrounded
by commercial development, zoned C-G.
C. History of Previous Actions: In 2004, as part of the Blue Marlin Annexation, the property
received annexation approval (AZ-03-025) with commercial zoning subject to a recorded
development agreement (Instrument #105048793).
In 2006, the property received preliminary plat, final plat and development agreement
modification (PP-06-020, FP-06-035 and MI-06-008) approval to develop a commercial
subdivision. The new development agreement recorded as Instrument #106191305. A certificate
of zoning compliance (CZC-06-214) was also approved for the construction of the existing 6,400
square foot restaurant.
D. Utilities:
1. Public Works:
a. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities exist on this property.
Centrepointe Drive -through — CUP-14-017 PAGE 2
EXHIBIT A
2. Hazards: NA
3. Flood Plain: This property is not within the flood plain.
VII. COMPREHENSIVE PLAN ANALYSIS
This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use Map.
The purpose of this land use designation is to provide a mix of employment, retail and residential
dwellings near major arterial roadways.
The proposed development is part of a larger mixed -use development known as Centrepointe
Marketplace, approved under a master site plan. To further the goals of the MU-R designation, the
Council recently approved a residential component for the development. Since the applicant is
proposing to replace an existing commercial development with another one in accord with the
approved master site plan, staff finds the site 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):
1. "Require landscape street buffers for development along all entryway corridors." (2.01.02E)
A 35 foot wide landscape buffer was installed adjacent to N. Eagle Road in accord with UDC II-
3B-7C with the development of the Centrepointe Subdivision. This buffer is to remain with the
redevelopment of the parcel.
2. "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
All parking lot landscaping must comply with the standards listed in UDC 11-3B-8C.
3. "Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.0117)
City services are readily available to serve the proposed commercial development.
4. "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.01J)
The City approved C-G zoning on this property to serve the area. Staff believes the drive -through
use will complement the existing and planned developments in the area.
5. "Reduce the number of existing access points onto arterial streets by using methods such as cross -
access agreements, access management, and frontage/backage roads." (3.03.020)
The existing access points to this development and the reciprocal cross access agreement were
reviewed and approved with the Centrepointe Subdivision. A backage road (N. Centrepointe
Way) is provided to the west of the proposed development.
6. "Implement the City's Pathways Master Plan." (5.03.01A)
With the construction of the street buffer adjacent to N. Eagle Road, a 10 foot wide pathway was
constructed in accord with the UDC.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
Centrepointe Drive -through — CUP-14-017 PAGE 3
EXHIBIT A
COMMERCIAL DISTRICTS (C-G) - 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.
Six 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 in proximity to streets and highways.
B. Schedule of Use: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the C-G zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited. The drive -through establishment requires conditional use permit
approval because it's proposed within 300 feet of another drive -through establishment subject to
the specific use standards set forth on UDC 11-4-3-11.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-213-3 for the C-G zoning district.
D. Landscaping:
• Street buffer landscaping must be installed in accordance with the standards listed in UDC
Tablel 1-213-3 and UDC 11-313-7C for the C-G zoning district. The existing 35 foot wide
landscape buffer along Eagle Road will remain unchanged with the redevelopment of the site.
• Parking lot landscaping: Any and all modifications to the parking lot landscaping must
comply with the standards listed in UDC 11-313-8C.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-613 for the proposed
commercial development. The site is currently developed with 58 parking stalls. The parking
ratio is not changing with redevelopment of the site.
F. Design Standards: The proposed development must comply with the structure and site design
standards in accord with UDC 11-3A-19.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit (CUP): As previously mentioned, the site is currently developed with
an existing 6,400 square foot restaurant. This building will be demolished to make way for the
proposed development consisting of minor site modifications (e.g. parking lot layout and
landscape alterations) and a 5,100 square foot building with associated drive -through. All access'
and cross access were approved with the platting of the property. The proposed site layout is
consistent with the concept plan approved for the Centrepointe development.
The UDC requires a conditional use permit if the drive -through establishment is within 300 feet
of an existing drive -through establishment subject to the specific use standards listed below.
Staff s analysis of the proposed development includes the internal site improvements and the site
circulation of the drive -through.
Drive -through Establishment: Per UDC 11-4-3-11, the following specific use standards apply
to the proposed drive -through use as follows:
A. 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 (CZC) application. All items are accounted for on the submitted
site plan. These items must also be included on the site plan submitted with the CZC
application.
B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons. The submitted site plan demonstrates the stacking lane will
Centrepointe Drive -through — CUP-14-017 PAGE 4
EXHIBIT A
not obstruct any public ROW because it is internal to the site and is located away
from all major drive aisles into the commercial development.
C. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. On the submitted site plan, the applicant has demonstrated the proposed
stacking lane can accommodate up to ten (10) vehicles. Without knowing the end
user and depending on the volume of the drive -through, there is a potential that
vehicles could impede the southernmost drive -aisle and parking area. However, the
site does have additional parking and access to one of the main drive aisles even if
this parking area is impeded in the short term. Staff believes there is adequate
stacking capacity for the proposed drive -through.
D. The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence. NA (The proposed stacking lanes are not within 10 feet of a
residential district or residence.)
E. Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane. The stacking lane on the east side of the proposed building has been
designed to serve as the stacking lane and the exit lane (18 feet wide) in accord with
this standard.
Site Plan: The submitted site plan is generally compliant with the dimensional standards of the
UDC.
Parking: The site is currently developed with 58 parking stalls. The applicant is proposing
minor changes to the parking layout to accommodate the proposed development. The
existing trash enclosure on the north end of the Fuddruckers building will be relocated to
the south boundary. The relocation of the trash enclosure requires the loss of three (3)
parking stalls, however; three (3) additional parking stalls are being provided in the
northeast corner. Even with the minor site modifications, the off-street parking exceeds the
parking standards of the UDC.
Landscaping: Staff has reviewed the submitted landscape plan for compliance with UDC 11-3B.
The existing 35-foot wide landscape buffer adjacent to N. Eagle Road will remain as part of the
proposed development. For purposes of this application, staff has analyzed the internal site
modifications to the existing parking lot landscaping. Staff recommends the following revisions
to the submitted landscape plan:
1) The existing 35-foot wide landscape buffer adjacent to N. Eagle Road must
remain protected during construction.
2) With the submittal of the CZC application, all parking lot landscaping must
comply with the landscape standards set forth in UDC 11-313-8C. The following
items need to be revised as follows:
➢ The planter island on the west side of the new trash enclosure shall not be
less than 5 feet in any dimension, measured inside of curbs and must include
a 2-inch caliper deciduous tree;
➢ All new landscape areas must be at least 70% percent covered with
vegetation at maturity in accord UDC 11-3B-5N.
Building Elevations: The applicant has submitted building elevations for the proposed
commercial building. The recorded development agreement requires specific design criteria as
follows:
Centrepointe Drive -through — CUP-14-017 PAGE 5
EXHIBIT A
1) Front facades shall incorporate windows, modulations in the facade and roof line recesses and
projections a minimum of 20 percent of the facade. The west elevation (fiont elevation)
incorporates windows and modulation in facade and roof line in accord with this DA
provision however to solider the design and incorporate modulation to south and east
elevation staff recommends the following revision:
• The decorative metal trellis proposed for the east and south facades should
incorporate raised brick planters constructed to the height of the brick wainscot.
2) At least two (2) changes in one or a combination of the following shall be incorporated into
the building design: color, texture and materials. Every fagade incorporates a minimum of
three (3) building materials stucco, 5-inch plank cedar/redwood siding and brick. The
proposed building materials should provide a mix of colors, texture and materials in accord
with this DA provision.
3) Exterior building walls shall demonstrate the appearance of high quality materials of stone,
brick, stucco, wood or other native materials. As noted above, the proposed building
materials represent durable materials as required in the recorded development agreement.
4) All ground and roof top mechanical equipment shall be screened from view. The rear
elevation (east elevation) depicts an 8-foot tall screen wall in accord with this DA provision.
If the design incorporates the raised planters as noted above, staff is supportive of the
proposed building elevations.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted prior to issuance of building permits. The applicant must
comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual.
Summary: In summary, staff finds the proposed project complies with the applicable policies of
the Comprehensive plan and is conditioned to comply with the applicable development standards
in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject
application.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed CUP Site Plan (dated: 11/05/14)
3. Proposed Landscape Plan (dated: 11/05/14)
4. Proposed Building Elevation (dated: 11/04/14)
B. Conditions of Approval
C. Required Findings from Unified Development Code
Centrepointe Drive -through — CUP-14-017 PAGE 6
EXHIBIT A
Exhibit A.1: Vicinity Map
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Centrepointe Drive -through — CUP-14-017 PAGE 7
EXHIBIT A
Exhibit A.2: Proposed CUP Site Plan (dated: 11/05/14)
Centrepointe Drive -through — CUP-14-017 PAGE 8
EXHIBIT A
Exhibit A.3: Proposed Landscape Plan (dated: 11/05/14)
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Centrepointe Drive -through — CUP-14-017 PAGE 9
EXHIBIT A
Exhibit A.4: Proposed Building Elevations (dated: 11/04/14)
Incorporate raised planters
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Centrepointe Drive -through — CUP-] 4-017 PAGE 10
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
Conditional Use Permit
The applicant shall comply with any applicable conditions of approval for Centrepointe
Subdivision (AZ-03-025, PP-06-020, FP-06-035, CZC-06-214 and DA #106191305).
The applicant shall comply with the Specific Use Standards for the drive -through establishment
in accord with UDC 11-4-3 -11.
The site plan, prepared by The Land Group Inc., dated 11/05/14, is approved, with the conditions
listed herein. The applicant shall revise the site plan as follows:
a. Provide a detail of the bike rack.
4. The landscape plan, prepared by The Land Group Inc., dated 11/05/14, is approved, with the
conditions listed herein. The applicant shall revise the landscape plan as follows:
a. The existing 35-foot wide landscape buffer adjacent to N. Eagle Road must remain protected
during construction.
b. All parking lot landscaping shall comply with the landscape standards set forth in UDC 11-
3B-8C. The following items need to be revised as follows:
➢ The planter island on the west side of the new trash enclosure shall measure 5 feet inside
of curbs and include a 2-inch caliper deciduous tree;
➢ All new landscape areas must be at least 70% percent covered with vegetation at maturity
in accord UDC 11-3B-5N.
5. The elevations, dated 11/04/14, are approved, with the conditions listed herein. The applicant
shall include the following revisions to the building elevations:
a. The decorative metal trellises proposed on the south and east elevations shall
incorporate raised brick planters constructed to the height of the brick wainscot.
6. The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative
Design Review (DES) application to the Planning Division for approval of the proposed use and
final site layout and building designs prior to applying for a building permit.
7. The proposed site layout and structures are required to comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
8. Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
9. The applicant shall have a maximum of two (2) years to commence the drive -through use as
permitted in accord with the conditions of approval listed above. If the use has not begun within
two (2) years of approval, a new conditional use permit must be obtained prior to operation or a
time extension must be requested in accord with UDC 11-5B-6F.
10. The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
11. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
12. The signage for the property is subject to the standards set forth in UDC 11-31).
Centrepointe Drive -through — CUP-14-017 PAGE 11
EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The Public Works Department has no comments related to this application.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments related to this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments related to this application
5. REPUBLIC SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian
Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to
Bob Olson at Republic Services (345-1265) that demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle
back-up requirement)];
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required,
including power and telecommunication lines; this requirement increases to 22' at container
service locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive -on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
f. Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note:
If building tenant wishes to recycle, please contact Bob Olson at Republic Services (345-
1265) for minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an
easy pedestrian access point other than the front gates to ensure less mess within the
enclosure as well as reduce gate damage);
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS PROVIDED ON THIS APPLICATION)
Centrepointe Drive -through — CUP-14-017 PAGE 12
EXHIBIT A
C. Required Findings from Unified Development Code
1. CONDITIONAL USE PERMIT FINDINGS:
In consideration of a conditional use permit, the decision -making body shall make the
following findings:
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 Commission finds that the subject property is large enough to accommodate the proposed
drive -through use and development regulations of the C-G district (see Analysis Section VII,
VIII & IX for more information).
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 proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of MU-R for this site.
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 proposed use of the property should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area.
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 properties in the area.
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 proposed use will be served adequately by all of the public
facilities and services as applicable.
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.
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EXHIBIT A
The Commission finds the proposed use will generate additional traffic in the area but should
not involve activities that will be detrimental to any persons, property or the general welfare
of the area.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, 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.
Centrepointe Drive -through — CUP-14-017 PAGE 14