CFT Retail Drive-Through Building B CUP-15-013CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-15-013
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 a Prosposed Drive-through Establishment on the same
Property in the C-G Zoning District located on the Northwest Corner of N. Ten Mile Road and W.
McMillan Road, by Charlie Shen.
Case No(s). CUP-15-013
For the Planning & Zoning Commission Hearing Date of: June 18, 2015 (Findings on July 2, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 18, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 18, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 18, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 18, 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-15-013
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 June 18, 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 June 18, 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 June 18, 2015
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 1
STAFF REPORT
Hearing Date: June 18, 2015
TO: Planning and Zoning Commission
FROM: Bill Parsons, Planning Supervisor
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: CUP-15-013 – CFT Retail Drive-through Building B
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Charlie Shen, has applied for a conditional use permit (CUP) for a drive-through
establishment in a C-G zoning district. A CUP is required because the proposed drive-through is
within 300 feet of a proposed drive-through that is proposed on the same site (see file #CUP-15-011).
See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed conditional use permit (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 June 18, 2015. At the
public hearing, the Commission voted to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Crystal Lee
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. 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-15-
013 as presented in the staff report for the hearing date of June 18, 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 July 2, 2015.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-15-013
as presented during the hearing on June 18, 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.)
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 2
Continuance
I move to continue File Number CUP-15-013 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the northwest corner of N. Ten Mile Road and W. McMillan Road in SE ¼
of Section 27, Township 4 North, Range 1 West. (Parcel #R1511000010)
B. Owner(s):
Walmart Real Estate Trust
2001 SE 10th Street
Bentonville, Arkansas 72712
C. Applicant:
Charlie Shen
1683 Walnut Grove Avenue
Rosemead, CA 91770
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: June 1, and 15, 2015
C. Radius notices mailed to properties within 300 feet on: May 29, 2015
D. Applicant posted notice on site by: June 8, 2015
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is currently vacant commercial property,
zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Except for the Wal-mart
store and the commercial development on the southeast corner, the subject property is primarily
surrounded by vacant commercial property all zoned C-G.
C. History of Previous Actions:
In 2005, the subject property received annexation (AZ-05-040), preliminary plat (PP-05-039),
and conditional use permit approval (CUP-05-041) for a mixed use development consisting
commercial, office and single family residential. As part of the annexation approval, the site
was subject to a DA (instrument #106034786).
In 2008, this property received comprehensive plan map amendment, rezone and development
agreement modification approval (CPA-08-003, RZ-08-004 and MDA-08-002) with the vision
to develop a large scale business park in which this property was to be a part. The project is
known as Volterra Mixed Use. A new development agreement (instrument #110051282) was
required with the approval and replaced the DA mentioned above.
In 2014, this property received preliminary plat (PP-14-016) approval consisting of five (5)
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 3
commercial lots, known as the Coleman Subdivision. A subsequent final plat (FP-15-002) has
recorded and Lot 1, Block 1 is proposed to develop with the proposed drive-through use.
D. Utilities:
1. Public Works:
a. Location of sewer: A sanitary sewer main intended to serve the subject site currently
exists in the driveway along the north boundary.
b. Location of water: A water main intended to serve the subject site currently exists in the
driveway along the north boundary.
c. Issues or concerns: Each building will need to be served by an independent sewer service
to the existing main in the driveway along the north boundary. Water services will need
to be evaluated during the building plan review process.
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
The subject property is currently 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 subject property is part of a commercial development to serve the mixed employment area
envisioned for the area. At this time, service uses are limited in this area of Meridian. Staff is of the
opinion the proposed development will contribute to a mix of uses which is supported by the
Comprehensive Plan and the approved concept plan for the property.
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 appropriate landscaping and buffers along transportation corridors (setbacks,
vegetation, low walls, berms, etc.).” (3.06.02F)
A 25-foot wide street buffer is required adjacent to W. McMillan Road and N. Ten Mile Road
in accord with the standards listed in UDC 11-3B-7C.
2. “Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Planter islands are proposed in the parking area and must be landscaped in accord with the
standards listed in UDC 11-3B-8C. However, two (2) of the required planter islands do not
have the required landscaping. The applicant is seeking alternative compliance to allow the
planter islands to be designed as patios for outdoor seating.
3. “Require all commercial businesses to install and maintain landscaping.” (2.01.03B)
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 4
See the analysis above for the required landscape buffer requirements. Once the landscaping
has been installed it must be maintained by the property owner or a business owner’s
association in accord with UDC 11-3B-7C.2b.
4. “Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
The proposed development is contiguous to the City and City services have been extended
with the development in accord with UDC 11-3A-21.
5. “Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
Although an end-user is not proposed for this drive-through, staff believes it should
contribute to the variety of services currently lacking in the northwest quadrant of the City.
6. “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)
With the approval of the Coleman Subdivision, a reciprocal cross access agreement was
required to allow the parcel the right to use the approved access to N. Ten Mile Road and W.
McMillan Road.
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-G 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 11-2B-3 for the C-G
zoning district apply to development of this site.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table11-2B-3 and UDC 11-3B-7C for the C-G zoning district.
Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C. (see file #ALT-15-018)
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. (see file #ALT-15-018)
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 5
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 2,500 square foot building in a C-G zoning district.
The end- user of the drive-through is not known at this time however, the applicant would like the
option to market the property for a drive-through use. The CUP is required because the proposed
drive-through is within 300 feet of a proposed drive-through on the same property (see file
#CUP-15-011).
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. The menu board and speaker location is not
denoted on the submitted site plan. The drive-through window is located on the north
side of the proposed building. All of these items must 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.
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 that the
stacking lane can accommodate multiple vehicles that should not obstruct access to
the proposed development. 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 lane is 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 depicted on the submitted site plan is in excess of 100
feet (approximately 140 feet). An escape lane has been provided along the north side
of the building to allow vehicles to exit the drive-through in accord with this
standard.
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop
with two (2) structures that are being reviewed under separate CUP applications. This CUP
application covers the northern pad site which depicts a 2,500 square foot (s.f.) building with a
drive-through. NOTE: A majority of the site and landscape requirements have been addressed
with the review of CUP-15-011.
In general, the submitted site plan complies with the district regulations of the UDC. With the
submittal of a certificate of zoning compliance (CZC) application, the applicant must modify the
site plan as follows:
a. Provide a detail of the bike rack.
b. Show the menu board and speaker location on the site plan.
Access: Access to the proposed development was approved with the Coleman Subdivision as
follows:
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 6
1) Two (2) accesses to N. Ten Mile Road; the northern access is full access and the southern
access is right-in/right-out only;
2) One (1) access to W. McMillan Road; this access is right-in/right-out only; and
3) Two (2) full accesses to N. Vicenza Way.
A reciprocal cross-access agreement was also required with the platting of the property in accord
with UDC 11-3A-3. No other accesses are proposed or approved to the adjacent arterial roadways
with the subject application.
The applicant is proposing a driveway connection to the commercial lot (Lot 2, Block 1 of
Coleman Subdivision) on the west boundary. Prior to occupancy of the first structure on the site,
the applicant should provide the City a copy of a recorded cross access agreement granting Lot 2,
Block 1 access across the property as proposed.
Parking: Based on the overall square footage of the building (2,500 s.f.), a minimum of 5 vehicle
parking spaces are required to be provided on the site per the standards listed in UDC 11-3C-6B.
A total of 87 parking stalls are proposed for the entire site, in excess of the UDC minimum
requirements.
Bike parking is denoted on the site plan however, a location has not been identified. Per UDC 11-
3C-6G, a bike rack capable of accommodating three (3) bicycles is required in accord with the
standards listed in UDC 11-3C-5C.
Landscaping: The landscape buffers adjacent to W. McMillan Road and N. Ten Mile Road have
been reviewed and approved with the Wal-mart store. Parking lot landscaping is required to
comply with the standards listed in UDC 11-3B-8C. The applicant has submitted an alternative
compliance application requesting that two (2) of the planter islands be converted to patios (see
file #ALT-15-018).
With the submittal of a certificate of zoning compliance (CZC) application, the applicant must
modify the landscape plan as follows:
1) Add five (5) 2-inch caliper deciduous trees in the parkways along the north boundary of the
site (main drive aisle shared by Wal-mart and the proposed development).
Hours of Operation: The proposed hours of operation are from 6:00 am to 12:00 am, seven (7)
days a week. In the C-G 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, therefore, staff is not
proposing to limit the hours of operation.
Sidewalk: A 5-foot wide walkway is proposed along south side of the commercial drive aisle
along the north boundary of the development. The pedestrian walkway is proposed to be extended
into the development to provide connectivity to the front of the building; 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 of stucco, brick, stone, tile, glass store fronts and metal
awnings. 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.
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 7
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan (dated: 05/26/15)
3. Landscape Plan (dated: 04/09/15)
4. Building Elevations (dated: 05/15/15)
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
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 8
Exhibit A.1: Vicinity Map
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 9
Exhibit A.2: Site Plan (dated: 05/26/15)
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 10
Exhibit A.3: Landscape Plan (dated: 04/09/15)
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 11
Exhibit A.4: Building Elevations (dated: 05/15/15)
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 12
B. Conditions of Approval
1. PLANNING DIVISION
1.1 The applicant shall comply with all applicable conditions of approval associated with this site
(Development Agreement Instrument No. 110051282, PP-14-012, FP-15-002, CUP-15-011 and
ALT-15-018).
1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive-
Through Establishment.
1.3 The site and/or landscape plans included in Exhibit A.2 and A.3, dated 05/26/15 and 04/09/15
shall be revised as follows (as applicable):
a. Provide a detail of the bike rack.
b. Add five (5) 2-inch caliper deciduous trees in the parkways along the north boundary of the
site (main drive aisle shared by Wal-mart and the proposed development).
c. All existing landscaping in the construction zone must remain protected during construction
on the site.
d. A 5-foot wide walkway is proposed along south side of the commercial drive aisle along the
north boundary of the development. The pedestrian walkway is proposed to be extended into
the development to provide connectivity to the front of the building; it must be delineated
from the driving surface by pavers, brick or scored concrete in accord with UDC 11-3A-
19A.4.
e. Show the menu board and speaker location on the site plan.
1.4 The building elevations included in Exhibit A.4, dated 05/15/15 are approved as submitted.
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 11-5B-6F.
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.
1.11 Prior to occupancy of the first structure on the site, the applicant must provide the City a copy of
a recorded cross access agreement granting Lot 2, Block 1 access across the property as proposed.
1.12 Per ALT-15-018, prior to occupancy of the first structure, the decorative entry feature
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 13
(three (3) trellis’ and the raised planter with seating) near the intersection, the berm with a mix of
shrubs, grasses and trees and the four (4) 5’ X 5’ planter islands in the internal area of the parking
lot, and the patios must be constructed as shown in Exhibit A.3.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The fire department has no concerns with this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. ADA COUNTY HIGHWAY DISTRICT
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 14
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 approv al 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.
EXHIBIT A
CFT Retail Drive-through Building B CUP-15-013 PAGE 15
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.