Carl's Jr. CUP-15-007CITY 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 Three Hundred Feet (3001) of a Residential Use in the C -C Zoning District near the
Northwest Corner of N. Linder Road and W. Chinden Boulevard, by John Nelson.
Case No(s). CUP -15-007
For the Planning & Zoning Commission Hearing Date of: May 21, 2015 (Findings on June 4, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 21, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 21, 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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -15-007
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 21, 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 May 21, 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 11-513-617.1.
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 11-513-6.17.1, 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 May 21, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -15-007
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the 4>6- day of
11 4nX 2015.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED
COMMISSIONER PATRICK OLIVER, VICE CHAIRMAN VOTED JU
COMMISSIONER RHONDA MCCARVEL VOTED
Solt—
COMMISSIONER RYAN FITZGERALD VOTED s t
COMMISSIONER GREGORY WILSON VOTED
Attest:
aycee Holman, City Clerk
Steven Y
4�5 S�
C. City of �
tf E rbrA N
M IDA"o
SEAL
♦��b`'`! rRe�s�0.�'v��
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
BY Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -15-007
Page 3
STAFF REPORT
Hearing Date
TO:
FROM:
SUBJECT:
Exhibit A
May 21, 2015
Planning and Zoning Commission
Bill Parsons, Planning Supervisor
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
CUP -15-007 — Carl's Jr at Chinden and Linder Crossing
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN
IDAHO
The applicant, John Nelson, has applied for a conditional use permit (CUP) for a drive-through
establishment for a Carl's Jr restaurant in a C -C zoning district. A CUP is required because the
proposed drive-through is within 300 feet of existing single-family residences to the north.
See Section IXAnalysis 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 May 21, 2015. At the public hearing, the
Commission voted to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
L In favor: Andy Erstad, Andrew Lawrence (neutral)
ii. In opposition: Ekaternia Zadorozhnv
W. Commenting: Victor Zadorozhny, in opposition, concerned with hours of operation and
odors.
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
L Installing signage at the escape lane;
ii. The extension of W. Island Green Drive;
W. Orienting the building and drive-through speaker box closer towards Chinden
Boulevard away for the residences;
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 -15-
007 as presented in the staff report for the hearing date of May 21, 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 June 4, 2015.
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 1
Exhibit A
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP -15-007
as presented during the hearing on May 21, 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 -15-007 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 near the northwest corner of W. Chinden Boulevard and N. Linder
Road, in the SE'/4 of Section 23, Township 4 North, Range 1 West. (Parcel #R1065270177)
B. Owner(s):
FAE Holding 450070R, LLC
2700 W. Airport Way
Boise, ID 83715
C. Applicant:
John Nelson
13601 W. McMillan Road, Suite #102
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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: May 4, and 18, 2015
C. Radius notices mailed to properties within 300 feet on: April 30, 2015
D. Applicant posted notice on site by: May 7, 2015
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is currently vacant commercial property,
zoned C -C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: County residences, zoned RUT in Ada County
2. East: Vacant commercial development, zoned C -C
3. South: Knighthill Center Subdivision and a vacant commercial lot, zoned C -N and C -G
4. West: Proposed Primary Health, zoned C -C
C. History of Previous Actions:
• In 2014, this property received preliminary plat, final plat and development agreement
modification (PP -14-011, FP -14-041 and MDA -14-008) approval to develop a nine (9) lot
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 2
Exhibit A
commercial subdivision known as Chinden and Linder Crossing. The property is subject to a
new development agreement that recorded as Instrument No. 2014-088001. The approved
final plat requires the recordation of plat prior to applying for a building permit.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service to the area will be provided via an extension
form an existing main W. Island Green Drive.
b. Location of water: Water service to the area will be provided by United Water of Idaho.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities transverse this property.
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 "Mixed Use — Community (MU -C)" on the Comprehensive Plan Future
Land Use Map. The purpose of this designation is to allocate areas where community -serving uses
and dwellings are seamlessly integrated. Featured elements of the mixed use development should
include the following:
• Residential densities at a minimum of 6 to 15 dwelling units to the acre;
• A conceptual site plan;
• Provide community serving facilities;
• Provide some form of common, usable area, such as a plaza or green space;
• Landscape buffering between commercial and existing low or medium density residential;
• Three different types of land uses and;
• Be accessible to neighborhoods by both vehicles and pedestrians;
• Commercial building footprints should not exceed 30,000 square feet.
During the review of the Chinden and Linder Crossing Subdivision, a concept plan was subsequently
approved that incorporated many of the design concepts noted above. The proposed use of the
property as a restaurant with a drive-through is consistent with the uses desired in MU -C designated
areas and therefore is consistent with the Comprehensive Plan and the approved concept 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 new development along all entryway corridors."
(2.01.02E)
A 35 foot wide landscape buffer is required along W. Chinden Boulevard, an entryway
corridor, in accord with the standards listed in UDC 11 -3B -7C Landscape Buffers along
Streets. This buffer is to be installed with the Chinden and Linder Crossing Subdivision.
2. "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.
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 3
Exhibit A
3. "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)
With the approval of the Chinden and Linder Crossing Subdivision, a backage road was
approved that connects the residential subdivision to the west and this development to Linder
Road; a right-in/right-out provides access to Chinden Boulevard.
4. "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 I1 -3B -8C.
5. "Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas." (3.06.01B)
The proposed drive-through is oriented towards Chinden Boulevard and the applicant is
proposing a 28 foot wide landscape buffer along the north boundary to minimize impacts to
the near -by residents.
6. "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 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 -C zoning district. A restaurant is a principal permitted
use in the C -C zoning district; a drive-through establishment requires conditional use permit
approval when located within 300 feet of a residence, residential use, or another drive-thru
establishment; subject to the specific use standards set forth in UDC 11-4-3-11.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -C
zoning district apply to development of this site.
D. Landscaping:
• Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table 11-213-3 and UDC 11 -3B -7C for the C -C zoning district.
• Parking lot landscaping: All parking lot landscaping shall 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 -6B for the
commercial lots.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC 11-3A-19.
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 4
Exhibit A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit (CUP): The applicant has applied for a conditional use permit (CUP) to
construct a drive-through establishment for a Carl's Jr restaurant in a C -C zoning district. The
CUP is required because the proposed drive-through is within 300 feet of existing residential uses
(north), per UDC Table 11-2B-2.
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
not obstruct any public right-of-way however; staff is recommending additional
signage and striping to clearly delineate the stacking lane from the drive aisle (see
below).
C. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. On the submitted site plan, it appears the stacking lane can
accommodate several vehicles. To minimize the conflicts with the stacking lane and
the circulation needs for the site, staff recommends the following modifications to the
site plan with the submittal of the Certificate of Zoning Compliance application:
1) North of the exit lane on the east boundary of the site, the applicant shall
construct another planter island to clearly define the drive aisles with the
property to the east OR submit written documentation from the owners of the
adjacent property to the east that states they will construct the required
landscape island with the development of their site;
2) The stacking/drive-through lane shall be striped and signed along the west
boundary to delineate the stacking/drive-through lane from the drive aisle;
3) The drive aisle adjacent to the stacking/drive-through lane shall be striped as
one-way and the central planter island on the east boundary of the one-way
drive -aisle and on the east side of the trash enclosure should be extended so
that the entrance into the parking area is narrowed to 15 feet to minimize
conflicts with the stacking/drive-through lane; and
4) Republic Services has requested that the applicant construct a wider trash
enclosure (18 feet) to also accommodate recycling. The applicant shall
coordinate with Bob Olson regarding the specifics of the trash enclosure.
If these changes are incorporated into the site plan, Staff believes there is adequate
stacking capacity and site circulation 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. The nearest residence is approximately 290 feet
away to the north.)
E. Any stacking lane greater than one hundred feet (100') in length shall provide for an
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 5
Exhibit A
escape lane. The stacking lane depicted on the submitted site plan is in excess of 100
feet. An escape lane has been provided along the west boundary to allow vehicles to
exit the drive-through in accord with this standard. With the submittal of the CZC
application, the applicant should sign and strip that area with do not enter
markings to ensure motorist do not enter the drive-through at this location.
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop
with a 2,799 square foot (s.£) restaurant with a drive-through. In general, the submitted complies
with the district regulations of the UDC.
Access: Access to the proposed development was approved with the Chinden and Linder
Crossing Subdivision. The approved access points consist of a backage road (W. Island Green
Drive) and right-in/right-out access to Chinden Boulevard. A reciprocal cross -access agreement
was also required with the platting of the property in accord with UDC 11-3A-3.
Parking: Based on the overall square footage of the building (2,799 s.f.), a minimum of 6 vehicle
parking spaces are required to be provided on the site per the standards listed in UDC 11 -3C -6B.
A total of 27 parking stalls are proposed, in excess of the UDC minimum requirements.
A bike rack is depicted on the site plan per UDC 11 -3C -6G in accord with the standards listed in
UDC 11 -3C -5C.
Landscaping: The landscape buffers adjacent to Chinden Boulevard and W. Green Island Drive
have been reviewed and approved with the Chinden and Linder Crossing Subdivision. These
improvements must be completed in accord with the approved final plat.
Parking lot landscaping is required to comply with the standards listed in UDC 11-313-8C.
Hours of Operation: The proposed hours of operation are from 8:00 am to 12:00 am, seven (7)
days a week. In the C -C district, hours of operation shall be restricted between the hours of 6:00
am and 11:00 pm when the property abuts a residential district or use. Because the proposed
drive-through establishment does not abut a residential district or use, staff is supportive of the
proposed hours of operation.
Sidewalk: A 5 -foot wide attached sidewalk is proposed along east side of the commercial drive
aisle and the south side of W. Island Green Drive in accord with UDC 11-3A-17. A 10 -foot wide
multi -use pathway was required along Chinden Boulevard with the approval of the Chinden and
Linder Crossing Subdivision. A pedestrian walkway is depicted on the site plan from the
perimeter sidewalk along Chinden Boulevard to the main building entrance; it must be delineated
from the driving surface by pavers, brick or scored concrete in accord with 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 brick veneer accents. 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) 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.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 6
Exhibit A
2. Site Plan (dated: 04/03/15)
3. Landscape Plan (dated: 04/22/15)
4. Building Elevations (dated: 04/03/15)
B. Conditions of Approval
1. Planning Division
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
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 7
Exhibit A
Exhibit A.1: Vicinity Map
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Carl's Jr Jr at Chinden and Linder Crossing CUP -15-007 PAGE 8
Exhibit A
Exhibit A.2: Site Plan (dated: 04/03/15)
CARL'S JR.
PROPOSED LOT 7 BLOCK 2 CHINDEN & LINDER CROSSING SUB.
CITY Of MERIDIAN ADA COUNTY, IDAHO
CIVIL SITE PLAN
MARCH 2015
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 9
C1.0
Exhibit A
Exhibit A.3: Landscape Plan (dated: 04/22/15)
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Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 10
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Exhibit A.4: Building Elevations (dated: 04/03/15)
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 11
Exhibit A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 The applicant shall comply with all previous conditions of approval associated with this site (PP -
14 -011; FP -14-041; DA #2014-088001).
1.2 A building permit will not be issued for this development until the final plat is recorded.
1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive -
Through Establishment.
1.4 The site and/or landscape plans included in Exhibit A, dated 3/6/15 shall be revised as follows (as
applicable):
a. North of the exit lane on the east boundary of the site, the applicant shall construct
another planter island to clearly define the drive aisles with the property to the east OR
submit written documentation from the owner of the adjacent property to the east that
states they will construct the landscape island with the development of the eastern lot;
b. The stacking/drive-through lane shall be striped and signed along the west boundary to
delineate the stacking/drive-through lane from the drive aisle,
c. The drive aisle adjacent to the stacking/drive-through lane shall be striped as one-way and
the central planter island on the east boundary of the one-way drive -aisle and on the east
side of the trash enclosure should be extended so that the entrance into the parking area is
narrowed to 15 feet to minimize conflicts with the stacking/drive-through lane, and
d. The applicant shall coordinate with Bob Olson, Republic Services regarding the trash
enclosure being widened to 18 feet.
e. With the submittal of the CZC application, the applicant shall sign and stripe the escape
lane with do not enter markings to ensure motorist do not enter the drive-through the
wrong way.
f. The pedestrian walkway that is depicted on the site plan from the perimeter sidewalk along
Chinden Boulevard to the main building entrance shall be delineated/distinguished from
the driving surface by pavers, brick or scored concrete in accord with UDC 11 -3A -19A.4.
1.5 Development of this site shall substantially comply with the approved site plan, landscape plan
and building elevations and the conditions of approval listed herein.
1.6 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.
1.7 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.
1.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.9 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 11-513-617.
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 12
Exhibit A
1.10 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.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ''/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in
International Fire Code Section 304.1.2.
3.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.5 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.6 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
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 Pay a traffic impact fee. If applicable, a traffic impact fee may be assessed by ACHD and will be
due prior to the issuance of a building permit by the lead agency.
6.2 Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any
improvements or work in the right-of-way.
6.3 Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation
of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts,
Carl's Jr at Chinden and Linder Crossing CUP -15-007 PAGE 13
Exhibit A
etc.).
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
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Exhibit A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-513-6E)
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 -C 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 MU -C 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 -C 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.
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Exhibit A
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.
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