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FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-15-005 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet (300’) of Another Drive-Through Establishment and a Residential Use in the C-G Zoning District at 4936 N. Linder Road, by Ken Lenz, White-Leasure Development Company. Case No(s). CUP-15-005 For the Planning & Zoning Commission Hearing Date of: April 2, 2015 (Findings on April 16, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 2, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 2, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 2, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 2, 2015, 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 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-15-005 Page 2 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 April 2, 2015, 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- 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 is hereby approved in accord with the conditions of approval in the staff report for the hearing date of April 2, 2015, 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 April 2, 2015 By action of the Planning&Zoning Commission at its regular meeting held on the " day of Abri\ , 2015. STEVEN YEARSLEY, Gl bSeX,F COMMISSIONER CHAIRMAN VOTED COMMISSIONER PATRICK OLIVER,VICE CHAIRMAN VOTED ja.k e.. COMMISSIONER RHONDA MCCARVEL VOTED A.it es COMMISSIONER RYAN FITZGERALD VOTED 0 COMMISSIONER GREGORY WILSON VOTED OkbSeti-k- e //''`/� - 4 • - . - : - , Chairman 4 COSIDA', . ke.c.;,C— S;Cveh +ckvS1e4 Attest: 411111111 -110 SEA1 1 an7 1 ' - , raeznrb Copy served upon the Applicant,the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. ��► ` Dated: " - o�O CityNler 's O ic= CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). CUP-15-005 Page 3 Sonic Drive-In at Paramount CUP-15-005 PAGE 1 STAFF REPORT Hearing Date: April 2, 2015 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: CUP-15-005 – Sonic Drive-In at Paramount I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Ken Lenz, has applied for a conditional use permit (CUP) for a drive-through establishment for the Sonic Drive-In restaurant in a C-G zoning district. A CUP is required because the proposed drive-through is within 300 feet of another drive-through establishment and existing residences. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions 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 April 2, 2015. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Jeff Huber; Devon Harris; David Turnbull ii. In opposition: Jason Curry; Marjorie Mathis; Jeff Beck; Connie Reeves iii. Commenting: Barry Peters iv. Written testimony: Barry Peters v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The stacking lane for the drive-through; ii. The width of the buffer required adjacent to residential uses – the Commission was in favor of reducing the buffer width as proposed on the landscape plan with the inclusion of a block wall. c. Key Commission Changes to Staff Recommendation: i. Modify condition #1.3a to allow the tree required in the planter island at the southwest corner of the site to be relocated elsewhere on the site. ii. Delete condition #1.3c that requires removal of the row of parking directly south of the building to allow the parking depicted on the site plan to remain as proposed. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-15- 005 as presented in the staff report for the hearing date of April 2, 2015, with the following modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on April 16, 2015. Sonic Drive-In at Paramount CUP-15-005 PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-15-005 as presented during the hearing on April 2, 2015, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number CUP-15-005 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 subject property is located at 4936 N. Linder Road, in the SW ¼ of Section 25, Township 4 North, Range 1 West B. Owner(s): Brighton Corporation 12601 W. Explorer Drive Boise, ID 83713 C. Applicant: Ken Lenz, White-Leasure Development Company 8385 W. Emerald St. Boise, ID 83713 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: March 16 and 30, 2015 C. Radius notices mailed to properties within 300 feet on: March 12, 2015 D. Applicant posted notice on site by: March 23, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is currently vacant/undeveloped and is zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant/undeveloped commercial property, zoned C-G East: Multi-family development (Linder Springs), zoned C-G South: Walgreen’s pharmacy, zoned C-G West: N. Linder Road and single-family residential properties, zoned R-8 and vacant commercial property, zoned C-G C. History of Previous Actions: • In 2004, this property was annexed as part of Paramount Subdivision (AZ-03-006) with a Sonic Drive-In at Paramount CUP-15-005 PAGE 3 Development Agreement, recorded as Instrument No. 103137116. • In 2003, a preliminary plat (PP-03-004) and conditional use permit/planned development (CUP-03-008) was approved for Paramount Subdivision which include the subject property. This property was designated on the conceptual site plan for retail/office uses. • In 2007, this property was included in the following approvals: Preliminary plat (PP-07-011) for 18 commercial building lots on 18.5 acres of land in a C-G zoning district; Development Agreement modification (MI-07-007) to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C-G and L-O zoning districts, recorded as Instrument No. 107145935. • In 2012, a final plat (FP-12-019) was approved for Commercial Southwest Subdivision No. 2 which includes the subject property as Lot 2, Block 2. • A property boundary adjustment (PBA-15-001) application has been tentatively approved to adjust the property line between Lots 1 and 2, Block 2, Commercial Southwest Subdivision No. 2; final approval is required to complete the process. This adjustment was requested to allow development of this site as proposed with the subject application. D. Utilities: 1. Public Works: a. Location of sewer: Sewer service was provided to this lot with the development of the subdivision. b. Location of water: Water service was provided to this lot with the development of the subdivision. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan, commercial designated areas provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The proposed use of the property as a restaurant with a drive-through is consistent with the uses desired in Commercial designated areas and therefore 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 ): • “Require all commercial and industrial businesses to install and maintain landscaping.” Sonic Drive-In at Paramount CUP-15-005 PAGE 4 (2.01.03B) There is a 25-foot wide landscaped street buffer on this site along N. Linder Road that was installed with the development of the subdivision in accord with UDC Table 11-2C-3. Additional parking lot and perimeter landscaping will be required with the development of the subject site. • “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection. • “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed restaurant will be located within walking distance of several near-by residential neighborhoods. • “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02O) Direct lot access is not proposed or allowed via N. Linder Road. A cross-access easement is depicted on the plat along the east boundary of this site for a north/south backage road for access to the north and via W. McMillan Road to the south. A recorded cross-access easement should be submitted for the frontage driveway shown on the plans for access from the south and to the north in the future. • “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed in the parking area and will be landscaped in accord with the standards listed in UDC 11-3B-8C. • “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) There is an apartment complex (Linder Springs) to the east of this site. The proposed drive- through is separated from the dwellings by a 35-foot wide backage road and a 45-foot wide open space area with trees and a 6-foot tall solid wood fence. A 25-foot wide landscape buffer is required to be provided on this site to buffer the residential uses from the proposed commercial use. Staff believes this separation in addition to the buffer should minimize odors and noise from this site to the residential uses. • “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed restaurant with a drive-through will contribute to the variety of services available in the northern portion of the City. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. 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 accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed Sonic Drive-In at Paramount CUP-15-005 PAGE 5 commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. A restaurant is a principal permitted use in the C-G zoning district; a drive-thru establishment requires conditional use permit approval when located within 300 feet of a residence, residential use, or another drive-thru establishment. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has submitted an application for a conditional use permit (CUP) for a drive-through establishment for the Sonic Drive-In restaurant in a C-G zoning district. The CUP is required because the proposed drive-through is within 300 feet of an existing drive-through establishment (Walgreen’s pharmacy) and residential uses (Linder Springs apartments), per UDC Table 11-2B- 2. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop with a 2,308 square foot (s.f.) restaurant with a drive-through and indoor and outdoor seating. The indoor seating area can be accessed through man doors and one roll-up door that will be open as weather permits. Drive-in stalls are also proposed to be provided where customers can order and eat in their cars. Access: Access is proposed via a north/south backage road along the east boundary of the site within a cross-access easement depicted on the plat for Commercial Southwest Subdivision No. 2 to/from W. McMillan Road; and via a frontage road along the west boundary of the site via N. Linder Road. Direct lot access is not proposed or allowed via N. Linder Road. A recorded cross- access easement with the properties to the north and south should be submitted for access via the frontage driveway shown on the plans. Parking: Based on the overall square footage of the building (2,308 s.f.), a minimum of 4 vehicle parking spaces are required to be provided on the site per the standards listed in UDC 11-3C-6B. A total of 22 drive-in stalls and 22 regular parking stalls are proposed, well in excess of the UDC minimum requirements. Based on the number of vehicle parking stalls (44), a bicycle rack capable of holding a minimum of 2 bicycles is required to be provided per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Landscaping: A 25-foot wide landscaped street buffer exists along N. Linder Road, an arterial street that was installed with Commercial Southwest Subdivision No. 2. All existing landscaping is required to be protected during construction in accord with UDC 11-3B-10C. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The landscape plan should be revised to include one tree within the planter island at the south end of the row of parking on the west side of the building and within the planter island at the west end of the row of parking on the north side of the building. If wheel stops aren’t provided within parking stalls that abut street or perimeter buffers, the buffer(s) should be widened an additional 2 feet to allow for vehicle overhang in accord with UDC 11-3C-5B.4. A 25-foot wide landscape buffer to adjoining residential uses is required along the east side of the Sonic Drive-In at Paramount CUP-15-005 PAGE 6 site adjacent to the apartments in Linder Springs as set forth in UDC Table 11-2B-3 and is required to be planted in accord with the standards listed in 11-3B-9C. A buffer ranging from 5 to 10-feet in width is depicted along the east side of the site where driveways aren’t proposed; the width of this buffer should be increased to 25 feet and planted with a mix of evergreen and deciduous tree, shrubs, lawn and other vegetative groundcover that result in a barrier that allows trees to touch at the time of tree maturity. Because there are 24 speakers proposed on this site, staff believes it’s especially important to buffer the noise from the adjacent residential uses. Note: A letter has been received by the City on behalf of the property owner to the east where the apartments are being developed concerning the noise impact on the adjacent residents from the speakers on the site and the traffic flow on the east side of the site. (See letter in the public record for more information.) Note: The addition of the required buffer to residential uses will significantly affect the layout of the site. The easternmost order lane will have to be removed or both order lanes shifted to the west, the trash enclosure will need to be relocated outside of the buffer, and at least one drive-in parking stall at the southeast corner of the site will need to be removed in order to comply with the buffer requirements. Staff recommends the site and landscape plans are revised in accord with the conditions listed in Exhibit B prior to the Commission meeting. Trash Enclosure: A dumpster to serve the proposed restaurant is depicted on the site plan at the northeast corner of the site. The applicant should obtain approval from Republic Services for the location and design of the enclosure (note the requirement above for relocation of the trash enclosure outside of the buffer to residential uses). Materials for the enclosure are proposed to consist of split face CMU block to match the building with metal doors as shown in Exhibit A.4. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. Staff has reviewed these standards and believes the proposed site design is consistent with these standards, except for the following standard: “The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.” Although the stacking lane separates into 2 order lanes that merge back into one pick-up lane, traffic stacking in this lane during peak hours of operation will block the parking stalls and drive aisle on the south side of the building and hinder vehicles exiting the site via the one-way drive aisle to the east. To remedy this issue, Staff recommends the row of parking directly to the south of the building is removed and a dedicated stacking lane for the drive-through is provided in its place. In addition, a minimum 13-foot wide one- way drive aisle shall be maintained for vehicles exiting the site to the east. Hours of Operation: The proposed hours of operation are from 6:00 am to 11:00 pm seven days a week. Because the site is adjacent to residential uses to the east (Linder Springs apartments), the hours of operation are restricted to those hours per UDC 11-2B-3A.4. Extended hours of operation in the C-G zoning district may be requested through a future conditional use permit. Sidewalk: A 5-foot wide detached sidewalk exists along N. Linder Road on this site in accord with UDC 11-3A-17. A pedestrian walkway is depicted on the site plan from the perimeter sidewalk along N. Linder Road to the main building entrance as required by UDC 11-3A-19A.4. Building Elevations: Building elevations were submitted for the proposed structure as shown in Exhibit A.4. Building materials consist primarily of stucco with stone veneer accents. The type of stone is proposed to be the same as that used on the Walgreen’s building to the south. The proposed building elevations appear to generally comply with the design standards listed in UDC 11-3A-19 and the Meridian Design Manual. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC Sonic Drive-In at Paramount CUP-15-005 PAGE 7 application for approval of the proposed use, site layout and building elevations from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the site layout and building elevations. 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. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan – REVISED prior to the Commission Hearing 3. Landscape Plan (dated: 3/6/15) – REVISED prior to the Commission Hearing (dated: 4/2/ 15) 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Sonic Drive-In at Paramount CUP-15-005 PAGE 8 Exhibit A.1: Vicinity Map Sonic Drive-In at Paramount CUP-15-005 PAGE 9 Exhibit A.2: Site Plan – REVISED prior to the Commission Hearing Sonic Drive-In at Paramount CUP-15-005 PAGE 10 Exhibit A.3: Landscape Plan (dated: 3/6/15) – REVISED prior to the Commission Hearing (dated: 4/2/ 15) Sonic Drive-In at Paramount CUP-15-005 PAGE 11 Exhibit A.4: Building Elevations (dated: 3/3/15) Sonic Drive-In at Paramount CUP-15-005 PAGE 12 Sonic Drive-In at Paramount CUP-15-005 PAGE 13 Sonic Drive-In at Paramount CUP-15-005 PAGE 14 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site (AZ- 03-006; PP-07-011; MI-07-007; FP-12-019; PBA-15-001). 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishment. Prior to the Planning & Zoning Commission hearing, the applicant shall revise the submitted site plan to show compliance with the conditions listed herein . The site plan submitted with the Certificate of Zoning Compliance application shall also demonstrate compliance with these standards and the conditions of approval. 1.3 The site and/or landscape plans included in Exhibit A, dated 3/6/15 shall be revised as follows (as applicable): a. Include one (1) tree within the planter island at the south end of the row of parking on the west side of the building and within the planter island at the west end of the row of parking on the north side of the building in accord with UDC 11-3B-8C. Due to the location of water lines within the planter at the south end of the row of parking on the west side of the building, the required tree should be located elsewhere on the site. b. A 25-foot wide landscape buffer to adjoining residential uses is required along the east side of the site along the backage road adjacent to the apartments in Linder Springs as set forth in UDC Table 11-2B-3, planted in accord with the standards listed in 11-3B-9C. c. Remove the row of parking directly to the south of the building and depict a dedicated stacking lane for the drive-through in its place along with a minimum 13-foot wide, one-way drive aisle for traffic exiting the site to the east, in accord with UDC 11-4-3-11C.2. d. Either provide wheel stops within parking stalls that abut street or perimeter landscape buffers, or widen the buffers an additional 2 feet beyond the required width to allow for vehicle overhang in accord with UDC 11-3C-5B.4. e. A bicycle rack capable of holding a minimum of 2 bicycles is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. 1.4 All existing landscaping within the street buffer adjacent to N. Linder Road shall be protected during construction in accord with UDC 11-3B-10C. 1.5 The hours of operation for the proposed restaurant and drive-thru are restricted to the hours between 6 am and 11 pm. Extended hours of operation may be requested through a future conditional use permit in accord with UDC 11-2B-3A.4. 1.6 Development of this site shall substantially comply with the approved site plan, landscape plan and building elevations and the conditions of approval listed herein. 1.7 The applicant shall submit a copy of a recorded cross-access easement with the properties to the north and south with the Certificate of Zoning Compliance application for access via the frontage driveway to/from N. Linder Road as shown on the plans along the west boundary of the site. 1.8 The applicant shall obtain final approval of the property boundary adjustment (PBA-15-001) application prior to submittal of a Certificate of Zoning Compliance/Design Review application for this site. 1.9 The applicant is required to submit a Certificate of Zoning Compliance application for approval of the proposed use and site layout from the Planning Division prior to submittal of a building permit application. Sonic Drive-In at Paramount CUP-15-005 PAGE 15 1.10 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning Compliance application for approval of the site layout and building elevations. 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. 1.11 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.12 The Applicant shall have a maximum of two (2) years to commence the 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. 1.13 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 The applicant shall coordinate with Bob Olson, Republic Services, on the design of the trash enclosure. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 SITE SPECIFIC CONDITIONS OF APPROVAL 6.1.1 Comply with all ACHD Standard Conditions of Approval (attached) as well as all ACHD Policies. 6.1.2 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. 6.2 STANDARD CONDITIONS OF APPROVAL 6.2.1 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). 6.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6.2.3 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. Sonic Drive-In at Paramount CUP-15-005 PAGE 16 6.2.4 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. 6.2.5 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. 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.7 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. 6.2.8 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. 6.2.9 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. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.11 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. 6.2.12 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. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Sonic Drive-In at Paramount CUP-15-005 PAGE 17 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission 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 Commission finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the C-G district as required by the UDC (see Analysis Section 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 Commercial for this site if designed in accord with the conditions listed in Exhibit B. 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 should be compatible with other uses in the general neighborhood, with the existing and intended character of the area, and with other existing and future uses in the C-G zoning district. 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. 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 sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and 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. Sonic Drive-In at Paramount CUP-15-005 PAGE 8 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 finds the proposed use will not 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.