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Blimpie CUP-15-018CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-15-018 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet (300’) of Another Drive-Through Establishment and a Residential Use in the C-C Zoning District at 1535 N. Main, by Shelley Uzzel Savage. Case No(s). CUP-15-018 For the Planning & Zoning Commission Hearing Date of: October 15, 2015 (Findings on November 5, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 15, 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-15-018 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 15, 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 October 15, 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 15, 2015 EXHIBIT A Blimpie CUP-15-007 PAGE 1 STAFF REPORT Hearing Date: October 15, 2015 TO: Planning and Zoning Commission FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: CUP-15-018 and A-2015-0017 – Blimpie Restaurant I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Shelley Uzzel Savage, has applied for a conditional use permit (CUP) for a drive- through use for a proposed Blimpie restaurant in a C-C zoning district. A CUP is required because the proposed drive-through is within 300 feet of an existing drive-through restaurant and because it is located within 300 feet of an existing residential use. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on October 15, 2015. At the public hearing, the Commission voted to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Wes Steele ii. In opposition: None iii. Commenting: Wes Steele iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The exit lane for the drive-through; ii. The one-way layout for through traffic on the site. iii. The requirement for the reciprocal cross-access easement with the property to the south. 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- 018 as presented in the staff report for the hearing date of October 15, 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 November 5, 2015. EXHIBIT A Blimpie CUP-15-007 PAGE 2 Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-15-018 as presented during the hearing on October 15, 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-15-018 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 1535 N. Main Street, in the NW ¼ of Section 7, Township 3 North, Range 1 East. (Parcel #R6129020670) B. Owner(s): Lawrence Beddes 1701 ½ 3 rd Ave Great Falls, MT 59401 C. Applicant: Shelley Uzzel Savage 521 S. Main St. Boise, ID 83642 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: September 28, and October 12, 2015 C. Radius notices mailed to properties within 300 feet on: September 24, 2015 D. Applicant posted notice on site by: October 4, 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: Restaurant, zoned C-C 2. East: Shopping complex, zoned C-C 3. South: Office building, zoned C-C 4. West: Shopping complex, zoned C-C C. History of Previous Actions: In 2012, the property received Certificate of Zoning Compliance approval for a temporary parking lot during construction of the Meridian Split Corridor project (CZC-12-053). In 2014, the project received Certificate of Zoning Compliance and Design EXHIBIT A Blimpie CUP-15-007 PAGE 3 Review approval for a Verizon cell tower (CZC-14-083, DES-14-063). D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer service to the area will be provided via a service extension from an existing mainline crossing the west end of the parcel. b. Location of water: Water service to the area will be provided via a service extension from an existing mainline in N. Main Street. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 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 Old Town on the Comprehensive Plan Future Land Use Map (FLUM). Per the Comprehensive Plan, “This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more information on Destination Downtown.” This site is located at the northern periphery of the Old Town designated area known as the Northern Gateway District in the Destination: Downtown vision plan. Some of the specifics of the vision for this area are as follows: • This district is defined by taller buildings, a sense of entry, streetscape improvements (particularly along Cherry Lane) that encourage walking, office uses to provide a major employment center supported by retail and housing, and an atmosphere that is distinctive and that serves as an attraction and draws people into downtown Meridian. Retail/dining uses are envisioned to make up 30% (or 13.8 acres) of this district. • Streetscape improvements and beautification include increasing the number of street trees, landscaping including planters, community gardens and green spaces. • A collection of public art throughout downtown Meridian is also desired. • The downtown area should be designed to be attractive and welcoming to pedestrians and bicyclists. Parking areas should include clear pedestrian pathways to make walking and bicycling safer. Although the subject property is zoned, C-C and is located within the Old Town area, the underlying zoning controls the uses that can be developed on the property. The applicant proposes to develop the EXHIBIT A Blimpie CUP-15-007 PAGE 4 site with a restaurant use and associated drive-through (the proposed use is allowed in the C-C and O- T Districts); streetscape improvements (landscaping and a landscape pavers); and signage notifying the public of entry into the downtown area, consistent with the aforementioned vision plan. Walkways currently exist adjacent to N. Main Street. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics ): 1. “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. 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 will be landscaped in accord with the standards listed in UDC 11-3B-8C. 3. “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) The applicant is proposing to install landscaping throughout the site and will be required to maintain it. 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) There are services readily available in the area, as most of the surrounding properties are developed and connected to city services. 5. “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 downtown area. 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-through 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-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 EXHIBIT A Blimpie CUP-15-007 PAGE 5 Table11-2B-3 and UDC 11-3B-7C for the C-C zoning district. The applicant has applied for alternative compliance to deviate from the landscape requirements. See analysis below. • Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-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. 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 for a proposed Blimpie restaurant in a C-C zoning district. The CUP is required because the proposed drive-through is within 300 feet of existing residential uses as well as another drive-through, 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. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking on the submitted site plan, the applicant has separated the drive aisle from the stacking lane and has provided an exit from the stacking lane. 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 106 feet away to the south.) 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 . An escape lane has been provided along the south boundary 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 a 2,663 square foot (s.f.) restaurant with a drive-through. At this time, the site is being designed with a one-way circulation pattern. Staff believes this design allows for a more efficient use of the drive-through and minimizes circulation conflicts on the site. In order for this design to work, the applicant must be able to secure a reciprocal cross access agreement and construct off- site improvements on the adjacent property to south. If this cannot be achieved the applicant will EXHIBIT A Blimpie CUP-15-007 PAGE 6 be responsible for redesigning the site to ensure all site improvements can be contained on the property. It is important to note that staff required the adjacent property owner to grant cross access to the subject property however; a specific alignment of the driveway was not discussed or approved. With the submittal of the certificate of zoning compliance application the applicant must provide a copy of the recorded cross access agreement and a notarized affidavit for the adjacent property owner to allow for the site improvements to be constructed on the southern property. Access: Access to the site will be from a new curb cut on the north side of the site and from an existing access along the south boundary that is shared with the property to the south (parcel# R6129020650). Both access points take access from N. Main Street. A reciprocal cross-access agreement will also be required as part of the development in accord with UDC 11-3A-3. Parking: Based on the overall square footage of the building (2,663 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 17 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 and Alternative Compliance: Per UDC Table 11-2B-3, the applicant is required to construct a 25-foot wide landscape buffer planted with a mix of trees, shrubs, lawn or other vegetative groundcover adjacent to N. Main Street in accord with UDC 11-3B-7C.The applicant is requesting alternative compliance to deviate from the aforementioned standards. The applicant is proposing to install the three (3) trees contained within planter areas and construct the remainder of the street buffer as concrete pavers or stamped concrete and outdoor dining area. The goal is to create a more pedestrian oriented feel for the restaurant by linking the patio with the pedestrian zone. The Director has reviewed the request and approved the modification as proposed by the applicant. With the submittal of the CZC application, the applicant must provide a detail of the hardscape area (patio and streetscape area). Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. Tree Mitigation: The subject property contains numerous mature trees that will be removed with the development of the proposed subdivision. Per in UDC 11-3B-10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site. Prior to issuance of a building permit, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Hours of Operation: The proposed hours of operation are Monday-Saturday 10:00 am to 9:00 pm, and Sunday 11:00am to 8:00 pm. 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. The applicant is not proposing to operate earlier than 6:00 am, and later than 11:00 pm, so staff is supportive of the proposed hours of operation. Sidewalk: A 5-foot wide attached sidewalk already exists along west side of N. Main Street. The sidewalk will be replaced with a new 5-foot wide detached sidewalk in accord with UDC 11-3A- 17. Easement: There is an existing communications easement on the subject property that will be required to be vacated prior to the issuance of a building permit. Building Elevations: Building elevations were submitted for the proposed structure as shown in Exhibit A.4. Building materials consist primarily of clay masonry brick, manufactured stone veneer, prefinished steel panels, stucco, aluminum awning frames and fabric awnings, and pre- EXHIBIT A Blimpie CUP-15-007 PAGE 7 finished aluminum storefront and window systems. 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 are 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 2. Site Plan (dated: 09/21/15) 3. Landscape Plan (dated: 09/21/15) 4. Building Elevations (dated: 08/24/2015) 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 Blimpie CUP-15-007 PAGE 8 Exhibit A.1: Vicinity Map EXHIBIT A Blimpie CUP-15-007 PAGE 9 Exhibit A.2: Site Plan (dated: 09/21/15) EXHIBIT A Blimpie CUP-15-007 PAGE 10 Exhibit A.3: Landscape Plan (dated: 09/21/15) EXHIBIT A Blimpie CUP-15-007 PAGE 11 Exhibit A.4: Building Elevations (dated: 08/24/15) EXHIBIT A Blimpie CUP-15-007 PAGE 12 B. Conditions of Approval 1. PLANNING DIVISION 1.1 Per UDC 11-5B-5B2, the Director (at the applicant's request) approved the alternative compliance to deviate from the landscape standards as set forth in UDC 11-3B-7C. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishment. 1.3 The landscape plan, dated 09/21/15, labeled L1, is approved with the following revisions: a. Tree mitigation. b. All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 1.4 The applicant shall provide detail of the plaza/seating area and street buffer hardscape (pavers or stamped concrete) at the time of CZC application submittal. 1.5 The existing telephone easement on the property shall be vacated prior to certificate of occupancy for the building. 1.6 The applicant shall provide a copy of the recorded reciprocal cross-access agreement with the property to the south and a notarized affidavit from said property owner to allow for the site improvements to be constructed on the southern property at the time of CZC application submittal. 1.7 Development of this site shall substantially comply with the approved site plan, landscape plan and building elevations and the conditions of approval listed herein. 1.8 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. 1.9 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. 1.10 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.11 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. 1.12 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. 1.13 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.14 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. EXHIBIT A Blimpie CUP-15-007 PAGE 13 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department did not submit comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 The applicant shall coordinate with Bob Olson, Republic Services, on the design of the trash enclosure. 6. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS WERE SUBMITTED BY ACHD ) 6.1 ACHD did not submit comments on this application. 7. PARKS DEPARTMENT 7.1 Remove the existing sidewalk and replace with a minimum of 5-foot wide detached concrete sidewalk, as proposed by the applicant. (The existing improvements meet ACHD policy and are not required to be removed/replaced.) 7.2 A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to approval of the civil plans. 7.3 Construct a 14 to 20-foot wide curb return type driveway signed as an “Entrance Only” located approximately 31-feet south of the northern property line (measured to centerline). 7.4 Construct a 25-foot wide curb return type shared driveway between the southern boundary of the site and the adjacent parcel to the south. 7.5 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.6 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and impact fee assessment (if an assessment is applicable). EXHIBIT A Blimpie CUP-15-007 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. Commission findsinds 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 if the applicant is able to execute the reciprocal cross access agreement with the property owner to the south. (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. Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of O-T 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. 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. 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. Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Staff 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. 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 Blimpie CUP-15-007 PAGE 14 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. 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. Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the Director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence to the landscape standards is not desired because the required 25-foot wide landscape buffer would not meet the goals of the Comprehensive Plan and Destination Downtown. The applicant is proposing to construct an attractive streetscape, that will consist of patio/seating area using stamped concrete and tree grates to complement the overall design of the proposed development. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s the landscape standards for the following reasons: 1) The landscape buffer is being replaced with hardscape to link outdoor seating with the street; 2) Allows the building to be closer to street and provides a more urban streetscape and a pedestrian element desired in the downtown area; and 3) Minimizes the drive-through activity from the street. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties.