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Stinker Station at Paramount Commercial CUP-15-016CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-15-016 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment for Stinker Station; and Extended Hours of Operation (24 Hours a Day/7 Days a Week) for a Convenience Store/Restaurant, Fuel Facility and Drive-Through Establishment in a C-G Zoning District, Located at 1410 W. McMillan Road, by Craig Slocum, CSHQA. Case No(s). CUP-15-016 For the Planning & Zoning Commission Hearing Date of: October 1, 2015 (Findings on October 15, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 1, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 1, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 1, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 1, 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-15-016 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 October 1, 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 conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of October 1, 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 October 1, 2015 EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 1 STAFF REPORT Hearing Date: October 1, 2015 (Continued from: September 17, 2015) TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: CUP-15-016 – Stinker Station at Paramount Commercial I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, CSHQA, has submitted an application for a conditional use permit (CUP) for a drive- through establishment within 300 feet of another drive-through establishment; and extended hours of operation (24 hours a day/7 days a week) for a convenience store/restaurant, fuel facility and drive- thru restaurant in a C-G zoning district. The drive-through is for a fast food restaurant located within the Stinker Station proposed on this site. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP for a drive-through establishment and extended hours of operation of 24 hours a day /7 days a week for the convenience store/restaurant and fuel facility but recommends denial of the proposed extended hours of operation for the drive-through in accord 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 October 1, 2015. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: James Marsh, CSHQA; Steve Watts, Stinker Stores ii. In opposition: Carly Kelson; Chris Kelson iii. Commenting: None iv. Written testimony: James Marsh, CSHQA; Chip Gallagher v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Bill Parsons b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Partial Approval/Partial Denial After considering all staff, applicant and public testimony, I move to partially approve (the drive- through establishment and extended hours of operation for the convenience store/restaurant and fuel facility as requested) and deny (the extended hours of operation for the drive-through) File Number CUP-15-016, as presented in the staff report for the hearing date of October 1, 2015, with the following modifications: (Add any proposed modifications.) EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 2 Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-15- 016, as presented during the hearing on October 1, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-15-016, as presented during the hearing on October 1, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-15-016 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 1410 W. McMillan Road, in the SW ¼ of Section 25, Township 4 North, Range 1 West. (Parcel No. R1527270020) B. Owner(s): #250 Pioneer Exchange Accomodation Titleholder, LLC 1414 W. Bannock Boise, ID 83702 C. Applicant: Craig Slocum, CSHQA 200 Broad Street Boise, Idaho 83702 D. Contact: James Marsh, CSHQA 200 Broad Street Boise, Idaho 83702 E. 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: September 14 and 28, 2015 C. Radius notices mailed to properties within 300 feet on: September 15, 2015 D. Applicant posted notice on site(s) on: September 21, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The site is currently undeveloped and zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Residential apartments (Linder Springs), zoned C-G EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 3 East: Auto repair shop (Christian Brothers), zoned C-G South: W. McMillan Road and future commercial uses, zoned C-N West: Retail store (Walgreen’s), zoned C-G C. History of Previous Actions:  In 2003, this property received the following approvals as part of the larger Paramount Subdivision:  Annexation and zoning (AZ-03-006) with a Development Agreement (Instrument No. 103137116);  Preliminary plat (PP-03-004); and,  Conditional use permit/planned development (CUP-03-008)  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 2008, a final plat (FP-08-001) was approved for Commercial Southwest Subdivision No. 1 which includes the subject property as Lot 2, Block 1. D. Utilities: 1. Public Works: a. Location of sewer: Sewer was stubbed to this site with development of the plat. b. Location of water: Water was stubbed to this site with development of the plat. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no open 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 a portion of the site as a drive-through restaurant is consistent with the uses desired in Commercial designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 4  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) There is a 25-foot wide landscaped street buffer on this site along W. McMillan Road that was installed with the development of the subdivision in accord with UDC Table 11-2C-3. Additional parking lot landscaping will be required with development of the site as proposed.  “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 convenience store with a restaurant will be located within walking distance of several nearby 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) The access points for this development were approved and constructed with the subdivision. Cross-access easements were recorded on the plat for access between properties and to W. McMillan and N. Linder Roads.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed within the parking areas 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 north of this site. The proposed drive- through is separated from the dwellings by a 25-foot wide backage road and a landscape strip ranging from 7 to 11-feet wide with a 6-foot tall CMU sound and screen wall. A 5-foot wide landscape strip with a 6-foot tall solid wood fence also exists on the southern boundary of the residential property. Because there will be approximately 65 feet of separation from the drive-through window to the nearest residence along with landscaping and two fences, Staff believes odors and noise generated from this site should minimally effect the residential uses to the north. (Note: The UDC (Table 11-2B-3) requires a 25-foot wide landscape buffer to be provided on C-G zoned property adjacent to residential uses. City Council approval of a reduced buffer width is required for the buffer along the north property boundary as set forth in UDC 11- 3B-9C.2.)  “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 and associated convenience store and fuel facility 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 will contribute to the variety of services available to residents and visitors in the northern portion of the City and is consistent with the applicable comprehensive plan policies and is appropriate in this location. EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 5 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 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-3 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed retail store and fuel facility are listed as principal permitted uses in the C-G district; a drive-through establishment use is listed as a conditional use in the C-G district. 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: Street buffer landscaping is required in accordance with the standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-3B-7C. Street buffer landscaping was installed with development of the subdivision. Parking lot landscaping: All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining uses: A buffer to the residential uses at the north property boundary is required in the C-G zoning district per UDC Table 11-2B-3 and should be installed in accord with the standards listed in UDC 11-3B-9C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B. F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval of a conditional use permit for a drive-through establishment within 300 feet of another drive-through establishment; and extended hours of operation (24 hours a day/7 days a week) for a convenience store, fuel facility and drive-thru restaurant in a C- G zoning district. The drive-through is for a fast food restaurant located within the Stinker Station proposed on this site. The overall project is proposed to consist of a 5,940 square foot (s.f.) building that will house a convenience store and fast food restaurant and a fuel facility consisting of 4 fuel pump islands covered with a 20-foot tall canopy. Site Plan: A site plan is included in Exhibit A.2 that shows how the site is proposed to develop with a convenience store, drive-through, fuel facility and associated parking. Specific Use Standards: The specific use standards listed in the UDC for fuel sales facilities (11- 4-3-20) and drive-through establishments (11-4-3-11) apply to development of this site. Staff has reviewed the standards for fuel sales facilities and finds the proposed 20 foot height of the canopy and vehicle stacking area for the fueling area complies with UDC standards. Staff has reviewed the standards for drive-through establishments and finds the layout of the site provides safe pedestrian and vehicular access and circulation on the site and between adjacent EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 6 properties; the stacking lane has sufficient capacity to prevent obstruction of the public right of way by patrons, is a separate lane from the circulation lanes needed for access and parking, is not located within 10 feet of any residential use or district and has an escape lane; and a 6-foot tall sight obscuring fence is provided where a stacking lane or window location adjoins a residential district or existing residence. The only standard this site is not in compliance with is that the “site should be designed so that the drive-through is visible from a public street for surveillance purposes.” Staff recommended at the pre-application meeting that the applicant redesign the site so that the drive-through is on the west side of the building visible from W. McMillan Road; however, the applicant was not in favor of this design. Staff does feel safety could be an issue with this design and recommends lighting is provided on the north side of the building for the drive-through in accord with the outdoor lighting standards listed in UDC 11-3A-11 for security purposes. Lighting should be shielded away from the adjacent residential property to the north. Access: Access to the site is proposed primarily via W. McMillan Road with access also available via N. Linder Road. Access via McMillan and Linder Roads and internal cross-access easements were approved and constructed with the subdivision. Parking: Vehicle parking is required with development of the site. Based on the square footage of the building (5,940 s.f.), a minimum of 12 parking spaces are required to be provided per UDC 11-3C-6B, in accord with the standards listed in UDC 11-3C-5. The site plan depicts a total of 17 spaces, including one handicap accessible space, in accord with the aforementioned requirements. Additionally, based on the number of vehicle parking spaces provided (17), a bicycle rack capable of holding a minimum of one bicycle is required per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. A bicycle rack is depicted on the site plan at the northwest corner of the building. Bicycle parking facilities are required to be located as close as possible to the building entrance(s) while not obstructing pedestrian walkways or entrances. A detail of the bicycle rack should be included on the site plan submitted with the Certificate of Zoning Compliance (CZC) application to ensure compliance with the standards listed in UDC 11-3C-5C. Landscaping: Landscaping is required to be provided with development of the site in accord with the standards listed in UDC 11-3B. A 25-foot wide street buffer is required along W. McMillan Road, an arterial street, as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-7C as shown on the site/landscape plan; this buffer was constructed with the subdivision and complies with UDC standards. Parking lot landscaping is required in accord with the standards listed in 11-3B-8C. The landscaping proposed on the landscape plan complies with these standards. A 25-foot wide buffer to adjoining residential uses to the north is required as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. The site plan only depicts a buffer ranging from 7 to 11 feet between the drive-through driveway and the backage road with a 6-foot tall CMU sound and screen wall; a sound and screen wall is also proposed on the east side of the drive-through lane. The applicant plans to request City Council approval of a reduced buffer width as set forth in UDC 11-3B-9C.2 after Commission action on the subject CUP; the applicant is required to submit a City Council Review application for this request. Note: A managing member of the townhome complex (Linder Springs) to the north submitted written testimony in in support of the applicant’s request for a reduced buffer width as proposed. Note: The addition of the required buffer to residential uses could significantly affect the layout of the site. Staff recommends the site and landscape plans are revised in accord with the conditions listed in Exhibit B prior to the Commission meeting. EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 7 Trash Enclosure: A trash enclosure is depicted on the site plan at the southwest corner of the site adjacent to the street buffer along W. McMillan Road. A 6-foot tall CMU walls are proposed to screen the enclosure that will match the building with metal painted gates. A detail of the enclosure should be submitted with the Certificate of Zoning Compliance application. The applicant should contact Bob Olson, Republic Services, for coordination and approval of the location and details of the enclosure. Hours of Operation: Business hours of operation within the C-G zoning district are limited from 6 am to 11 pm when the property abuts a residential use or district. Because a residential use abuts the site at the north boundary, business hours are limited to those stated. Extended hours of operation may be requested through a CUP. With the subject CUP, the applicant requests extended hours of operation of 24 hours a day, 7 days a week for the operation of the convenience store/restaurant, drive-through establishment and fuel facility on the site. Because of the noise associated with the speakers and traffic (and car stereos) for the drive- through establishment and the reduced buffer width proposed, staff does not support the request for extended business hours of operation for the drive-through in such close proximity to a residential development. Therefore, staff recommends hours are limited to those required by the UDC for the drive-through. However, staff is amenable to the request for extended hours as proposed for the convenience/restaurant store and fuel facility as there is a greater separation between those uses and the residential development. Note: A managing member of the townhome complex (Linder Springs) to the north submitted written testimony in favor of the proposed development and in support of the applicant’s request for a drive-through establishment and 24 hour a day/7 days a week business hours. No letters of testimony have been received from residents. Building Elevations: Building elevations have been submitted for the convenience store/restaurant as shown in Exhibit A.4. Building materials consist of synthetic stucco and aluminum composite panels with stone veneer accents. Synthetic stucco and aluminum composite panels are called out on what appears to be the same material. The UDC (11-3A-19) design standards do not allow prefabricated steel panels as a primary finish material but does allow it as an accent material. If aluminum composite panels are proposed as a primary material on the front elevation, the elevation should be revised accordingly. Note: Because the north, west and east building elevations are not visible from a public street of public space, they are exempt from design standards. An elevation was not submitted for the fuel canopy; a detail is required to be submitted with the Certificate of Zoning Compliance application. The canopy should incorporate materials and colors consistent with the convenience store/restaurant and should not exceed 20 feet in height. A detail of the 6-foot tall CMU sound and screen wall proposed on the north side of the drive-through window and on the east side of the drive-thru lane was not submitted. A detail should be submitted with the Certificate of Zoning Compliance application. 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 or any updates thereof that are in effect at the time of application submittal. Staff recommends approval of the proposed CUP for a drive-through establishment in the C-G EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 8 district and extended hours of operation as proposed for the convenience store/restaurant and fuel facility with the conditions listed in Exhibit B. However, staff recommends denial of the request for extended hours of operation in the C-G zoning district for the drive-through for the reasons noted herein, per the findings in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: 07/29/15) 3. Proposed Landscape Plan (dated: 7/15/15) 4. Proposed Building Elevations (dated: 07/29/15) 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 Stinker Station at Paramount Commercial CUP-15-016 PAGE 9 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 10 Exhibit A.2: Site Plan (dated: 07/29/15) EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 11 Exhibit A.3: Proposed Landscape Plan (dated: 7/15/15) EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 12 Exhibit A.4: Building Elevations (dated: 7/29/15) EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 13 B. Conditions of Approval 1. PLANNING DIVISION 1.1 The applicant shall comply with all previous conditions of approval associated with this site including the provisions in the development agreement recorded as Instrument No. 103137116 and the amended agreement recorded as Instrument No. 107145935. 1.2 The site and landscape plans included in Exhibits A.2 and A.3 shall be revised as follows: a. Include a detail of the bicycle rack that complies with the standards listed in UDC 11-3C-5C. The bicycle rack should be located as close as possible to the building entrance. b. Include a detail of the trash enclosure; materials and colors should be consistent with the primary structure. c. Include a detail of the 6-foot tall CMU sound and screen wall proposed on the north side of the drive-through window and on the east side of the drive-through lane. d. A 25-foot wide landscape buffer is required to be provided adjacent to the residential uses to the north as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11- 3B-9C, unless otherwise approved by City Council at a public hearing with notice to surrounding property owners through submittal and approval of a City Council Review application. 1.3 Business hours of operation for the drive-through establishment are limited to those hours between 6 am and 11 pm as set forth in UDC 11-2B-3A.4 for the C-G zoning district. The convenience store/restaurant and fuel facility is allowed to operate 24 hours a day, 7 days a week as approved with the subject conditional use permit. 1.4 Outdoor lighting is required on the north side of the building for the drive-through in accord with the outdoor lighting standards listed in UDC 11-3A-11 for security purposes. Lighting should be shielded away from the adjacent residential property to the north and shall not encroach on the residential property. 1.5 Future structures built on the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual or any updates thereof that are in effect at the time of Certificate of Zoning Compliance review. The UDC (11-3A-19) does not allow prefabricated steel panels as a primary finish material; the front elevation of the convenience store/restaurant shall be revised accordingly. The fuel canopy shall incorporate materials and colors consistent with the convenience store/restaurant and should not exceed 20 feet in height in accord with UDC 11-4-3-20. 1.6 Development of this site shall comply with the specific use standards listed in the UDC for fuel sales facilities (11-4-3-20) and drive-through establishments (11-4-3-11). 1.7 The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division prior to submittal of a building permit application. The site and building design shall substantially comply with the site plan, landscape plan and elevations shown in Exhibit A, the conditions of approval in this report and the design standards in effect at the time of application submittal. 1.8 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. EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 14 1.9 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 Site lighting should be provided along northern property boundary where the drive-through is located for security purposes. 4.2 Signage should be provided for circulation within the site. 4.3 Noise generated from the proposed use should be mitigated adjacent to residential neighbors. 5. REPUBLIC SERVICES 5.1 Submit a detail of the trash enclosure to Bob Olson at Republic Services (208-345-1265) for review and approval; submit documentation of approval from Mr. Olson with the Certificate of Zoning Compliance application. 6. ADA COUNTY HIGHWAY DISTRICT ACHD submitted a letter to the City dated August 31, 2015 stating that no improvements will be required to the adjacent street. The applicant shall be required to: 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. This is a separate review process and it is the applicant’s responsibility to submit plans directly to ACHD. 2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 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, etc.). 7. PARKS DEPARTMENT 7.1 The Parks Department did not have any comments on this application. EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 15 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 zoning district (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. 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 and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other 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 the proposed use will be served by all essential public facilities and services. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds the proposed use and hours of operation for the convenience store/restaurant and fuel facility should not be detrimental to any persons, property or the EXHIBIT A Stinker Station at Paramount Commercial CUP-15-016 PAGE 8 general welfare of the area; however, finds that extended hours of business operation for the drive-through establishment may be detrimental to residential neighbors by reason of noise and traffic associated with the use which may be excessive at the hours proposed. 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.