Agency Comments - PZMarch 25, 2015
City of Meridian
City Clerk's Office
33 E Broadway Avenue, Suite 102
Meridian, ID 83642-2619
i
RE: CUP15-005/Sonic Drive-in Paramount
Dear Jaycee:
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX #208-463-0092 nmid.org
OFFICE: Nampa 208-466-7861
SHOP: Nampa 208-466-0663
Nampa & Meridian Irrigation District (NMID) has no comment on the above -referenced
application as it lies outside of our district boundaries. Please contact Settlers Irrigation at
344-2471 or at PO Box 7571, Boise, ID 83707.
All laterals and waste ways must be protected. All municipal surface drainage must be
retained on-site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District
(NMID) must review drainage plans.
Sincerely,
f -�t A Com-
Greg G. Curtis
Nater Superintendent
Nampa & Meridian Irrigation District
GGCIdbg
PC: Settlersr Irrigation District
Office/File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
Alm
&Vwtv�a to S�itN'LGG
Date: March 19, 2015
To: Ken Lenz
8385 W. Emerald St.
Boise, ID 83704
Subject: MER15-0023 / CUP -15-005
4936 N. Linder Rd.
Sonic Drive -In at Paramount
Jim D. Hansen, President
Sara M. Baker, Vice President
Rebecca W. Arnold, Commissioner
Kent Goldthorpe, Commissioner
Paul Woods, Commissioner
In response to your request for comment, the Ada County Highway District (ACHD) staff has
reviewed the submitted application and site plan for the item referenced above. The applicant
shall be required to meet the following conditions of approval:
• Comply with all ACHD Standard Conditions of Approval (attached) as well as all ACHD
Policies.
• Prior to the construction, repair, or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from
ACHD.
If you have any questions, please feel free to contact me at (208) 387-6335.
Sincerely,
utw
Austin Miller
Planner I
Development Services
CC: Project file,
City of Meridian, via e-mail
Ada County Highway District • 3775 Adams Street • Garden City, ID 9 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Traffic Information
This development is estimated to generate 1,145 additional vehicle trips per day; and 75 additional
vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip
Generation Manual, 9th edition.
Condition of Area Roadways:
Traffic Count is based on Vehicles per hour (VPH)
Roadway
Frontage
Functional
PM Peak Hour
PM Peak Hour
Classification
Traffic Count
Level of Service
Linder Rd.
125 -feet
Principal Arterial
510
Better than "E"
* Acceptable level of service for a five -lane principal arterial is "E" (1,770 VPH).
Average Daily Traffic Count (VDT):
Average daily traffic counts are based on ACHD's most current traffic counts
The average daily traffic count for Linder Road south of Chinden Boulevard was
10,390 on March 21, 2013.
Ada County Highway District 9 3775 Adams Street 9 Garden City, ID • 83714 9 PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Standard Conditions of Approval
All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including
all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-
of-way (including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within
the ACHD right-of-way.
3. In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current Americans
with Disabilities Act (ADA) requirements. The applicant's engineer should provide
documentation of ADA compliance to District Development Review staff for review.
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.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7. 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.
8. 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.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. 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 ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless a waiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
Ada County Highway District • 3775 Adams Street 9 Garden City, ID • 83714 9 PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an
applicant of the final decision made by the Development Services Manager when it is
alleged that the Development Services Manager did not properly apply this section
7101.6, did not consider all of the relevant facts presented, made an error of fact or law,
abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary of Highway Systems, which must be filed within ten (10) working days from
the date of the decision that is the subject of the appeal. The notice of appeal shall
refer to the decision being appealed, identify the appellant by name, address and
telephone number and state the grounds for the appeal. The grounds shall include a
written summary of the provisions of the policy relevant to the appeal and/or the facts
and law relied upon and shall include a written argument in support of the appeal.
The Commission shall not consider a notice of appeal that does not comply with the
provisions of this subsection.
C. Time to Reply: The Development Services Manager shall have ten (10) working
days from the date of the filing of the notice of appeal to reply to the notice of the
appeal, and may during such time meet with the appellant to discuss the matter, and
may also consider and/or modify the decision that is being appealed. A copy of the
reply and any modifications to the decision being appealed will be provided to the
appellant prior to the Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the
appeal will be noticed and scheduled on the Commission agenda at a regular
meeting to be held within thirty (30) days following the delivery to the appellant of the
Development Services Manager's reply to the notice of appeal. A copy of the
decision being appealed, the notice of appeal and the reply shall be delivered to the
Commission at least one (1) week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision
being appealed, as such action is adequately supported by the law and evidence
presented at the hearing.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdidaho.org
CENTRAL
DISTRICT
HEALTH
DEPARTMENT
Rezone #
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
+ �2—
Conditional Use # 0- LOP — 0 0T--
Preliminary / Final / Short Plat
Return to:
❑ ACZ
❑ Boise
❑ Eagle
❑ Garden City
❑ Kuna
(*Meridian
❑ Star
Q 1. We have No Objections to this Proposal.
❑ 2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ waste flow characteristics
❑ bedrock from original grade ❑ other
❑ 6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and
surface waters.
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
12. We will re ire plans be submitted for a plan review for any:
11 food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store
❑ 13. Infiltration beds for storm water disposal are considered shallow injection wells. An application and fee must be
submitted to CDHD.
l Reviewed By:
14
( Date:
Review Sheet
15726-OOIEH1111
Admitted to Practice in Idaho & California
March 24, 2015
Planning & Zoning Department
Meridian City Hall
33 E. Broadway, Suite 102
Meridian, Idaho 83641
Re: Objections to Sonic Drive -In CUP Application
Dear Planning & Zoning Staff,
I write on behalf of Linder Springs, LLC, the owner of the Linder Springs apartment
project located at number 1465 W. Deercrest Street in Meridian. We have several objections to
the conditional use permit requested by Sonic Drive -In for a retail fast-food operation planned on
Linder Road just north of McMillan.
While we are not opposed to seeing a fast food restaurant at that location, we do
strenuously object to the current iteration of the plan for that project for the following reasons:
The planned drive -up speaker boxes on the east side of the project violate the
required 300 foot setback to residential properties. Units in our project are just across
a narrow road from that property. I would also observe that I have stood outside the
Fairview Avenue Sonic Drive In. Nearby commercial buildings just 70 feet away are
subject to a constant barrage of noise generated by the single speaker box at that
location. Having two speaker boxes as planned at about that same distance from our
apartment project will result in a continual disruption of the peace and quiet of these
nearby units. That sound will easily carry to the apartments regardless of the
mitigation that may be attempted. In short, these speaker boxes must be situated at
least 300 feet from our residences as we understand is required by the city code.
2. The traffic flow at the east side of this project needs to transition from the southern
parking area to the northern parking area within the property itself, not utilizing the
street behind the project. If a vehicle enters the project from Linder Road and travels
along the south side of the building without finding acceptable parking, under the
current plan it will then drive into oncoming traffic if it simply swings left around the
drive-in lanes and attempts to head back along the north side of the property toward
Linder Road. That presents both traffic and safety concerns that need to be
addressed by requiring that transition to occur within the property itself.
101 Eagle Glen Lane BarryPeters-Law.com Phone: (208) 939-2600
Eagle, Idaho 83616 Fax: (208) 939-2692
Letter to Meridian Planning & Zoning Staff
Dated March 24, 2015
Page No. Two
For these reasons, we ask that the requested conditional use permit be denied unless and
until the speaker boxes can be relocated at least 300 feet from our residences and the traffic
circulation flow can be restricted to the interior of the project itself.
Thank you for the opportunity to be heard in connection with this request.
Sincerely,
B Peters
March 25, 2015
City of Meridian
City Clerk's Office
33 E Broadway Avenue, Suite 102
Meridian, ID 83642-2619
RE: CUP15-005/Sonic Drive-in Paramount
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX #208-463-0092 nmid.org
OFFICE: Nampa 208-466-7861
SHOP: Nampa 208-466-0663
Dear Jaycee:
Nampa &Meridian Irrigation District (NMID)
has no comment on the above -referenced
application as it lies outside of our district boundaries. Please contact Settlers Irrigation at
344-2471 or at PO Box 7571, Boise, ID 83707.
All laterals and waste ways must be protected. All municipal surface drainage must be
retained on-site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District
(NMID) must review drainage plans.
Sincerely,
Greg G. Curtis
Water Superintendent
Nampa & Meridian Irrigation District
GGC/dbg
PC: Settlersr Irrigation District
Office/File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000