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Culver's Drive-Through CUP-H-2015-0013CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0013 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 in a C-G Zoning District for Culver’s Restaurant, Located at 3494 E. Tecate Lane, by Glenn Walker, Neu Design Architecture. Case No(s). H-2015-0013 For the Planning & Zoning Commission Hearing Date of: December 3, 2015 (Findings on December 17, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 3, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 3, 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). H-2015-0013 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 December 3, 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 December 3, 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 December 3, 2015 EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 1 STAFF REPORT Hearing Date: December 3, 2015 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: H-2015-0013 – Culver’s Drive-Through - CUP I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Glenn Walker, NeuDesign Architecture, has applied for a conditional use permit (CUP) for a drive-through establishment within 300 feet of another drive-through establishment in a C-G zoning district. 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 December 3, 2015. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Glenn Walker ii. In opposition: None iii. Commenting: None iv. Written testimony: Glenn Walker v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. At the request of Staff, add a condition of approval requiring a 35-foot wide landscaped street buffer to be installed along E. Ustick Road per UDC requirements (see #1.4h). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0013 as presented in the staff report for the hearing date of December 3, 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 December 17, 2015, provided the City Council approves H-2015-0016 on December 15, 2015. Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0013 as presented during the hearing on December 3, 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 Culver’s Drive-Through – CUP H-2015-0013 PAGE 2 Continuance I move to continue File Number H-2015-0013 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 3494 E. Tecate Lane, in the NW ¼ of Section 4, Township 3 North, Range 1 East B. Owner(s): Una Mas, LLC 1717 E. Chisholm Drive Nampa, ID 83687 C. Applicant: Glenn Walker, Neu Design Architecture 136 E. Idaho, Ste. 200 Meridian, 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 & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 16 and 30, 2015 C. Radius notices mailed to properties within 300 feet on: November 5, 2015 D. Applicant posted notice on site by: November 22, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Ustick Road, retail store (Lowe’s), zoned C-G East: Les Schwab tire store, zoned C-G South: Vacant/undeveloped land, zoned C-G (a multi-tenant building with a drive-through is concurrently proposed for this property) West: Vacant/undeveloped land, zoned C-G C. History of Previous Actions:  The subject property was annexed (AZ-05-061, Ord. #06-1251) in 2005 with a C-G zoning district. A development agreement was recorded as a provision of annexation (Instrument No. 106137048).  A preliminary plat (PP-08-007) was approved in 2008 for Una Mas Subdivision. A private street (PS-08-006) application was also approved for two private streets within the EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 3 development, which included Modelo Lane that runs along the north boundary of this site.  A final plat (FP-09-002) was approved in 2009 for Una Mas Subdivision and was later recorded in 2011 (Bk. 103, Pg. 13894). The subject property was included in the plat as Lots 18-21, Block 1. A modification to the final plat (MFP-11-002) was approved in 2011, which allowed a right-in/right-out access via N. Records Ave. for Lot 1 and others as approved specifically by the City and ACHD.  A development agreement modification (H-2015-0016) application is currently in process, scheduled to be heard by City Council on December 15, 2015, to remove the requirement for all building elevations to be in substantial conformance with those previously approved. D. Utilities: 1. Public Works: a. Location of sewer: Sewer service was provided to this lot with the development of the subdivision. b. Location of water: Water service was provided to this lot with the development of the subdivision. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Mixed Use - Regional” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan. This site is located near a major arterial intersection (Eagle Rd./Ustick Rd.) and is proposed to develop with a 4,207 s.f. restaurant with a drive-through. The proposed use should contribute to the variety of uses and services in this area and provide convenient dining options near shopping and existing and future residential neighborhoods, consistent with the MU-R designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Parking lot and perimeter landscaping is required to be provided on the site in accord with EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 4 the standards listed in UDC Table 11-3B-8C.  “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection.  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed restaurant will contribute to the variety of dining options available within walking distance of future multi-family residential uses to the south and nearby existing residences.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” Planter islands are proposed in the parking area and will be landscaped in accord with the standards listed in UDC 11-3B-8C.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed drive-through is located on the north side of the building facing E. Ustick Road and a commercial use; there are no nearby residential uses that should be affected by odors and noise generated by the proposed use.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed drive-through restaurant will contribute to the variety of services available in the northeast portion of the City. For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The C-G district is the largest scale and broadest mix of retail, office, service, and light industrial uses located in close proximity to and/or with access to interstate or arterial intersections. 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 is a conditional use in the C-G zoning district when located within 300 feet of a residence, residential use, or another drive-thru establishment; and a restaurant is a principal permitted 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. EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 5 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has submitted an application for a conditional use permit (CUP) for a drive-through establishment for a restaurant in the C-G zoning district. A CUP is required because the proposed drive-through is within 300 feet of an existing drive-through establishment (Idaho Central Credit Union to the west), per UDC Table 11-2B-2. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop with a 4,207 square foot (s.f.) drive-through restaurant for Culver’s. Also shown on the site plan on the abutting lot to the south is a 3,400+/- square foot (s.f.) building with two tenant spaces; one 1,400 s.f. tenant space with a proposed drive-through and one 1,997 s.f. space for a dry cleaning business. A concurrent CUP application (H-2015-0020) is in process for the proposed drive-through. Note: The configuration of the site shown on the site and landscape plans is based on the proposed property boundary adjustment (File #A-2015-0038) for Lots 2 and 3, Block 1 that was tentatively approved on October 26, 2015; final approval is required prior to submittal of a Certificate of Zoning Compliance application for this site. Access: Access is proposed via E. Tecate Lane, an existing private street which serves as a backage road to E. Ustick Road; direct lot access to E. Ustick Road is prohibited. Access to Tecate is available from Records Avenue via Ustick Road to the east. There is a north/south driveway along the west boundary of the site on the Southeast Corner Marketplace property via Ustick Road; however, staff is unaware if a cross-access easement exists for access to this driveway. A cross-access easement (Inst. #105068040) is noted on the plat for Southeast Corner Marketplace Subdivision No. 2 at the northwest corner of this site; however, no access is proposed to the driveway in that location. A blanket cross-access easement exists between all lots in this subdivision. A traffic impact study is not required with this application. Parking: Based on the overall square footage of the building (4,207 s.f.), a minimum of 8 vehicle parking spaces are required to be provided on the site per the standards listed in UDC 11-3C-6B. A total of 57parking spaces are proposed, in excess of the UDC minimum requirements. Regular parking stalls are required to measure 9’ x 19’; compact stalls are required to measure 9’ x 17’. There are some stalls along the east and west boundaries of the site that measure 9’ x 18’. These stalls either need to be revised to comply with the aforementioned standard and include wheel stops to prevent vehicle overhang; or, the adjacent landscape buffer needs to be widened to 7 feet to allow for 2 feet of vehicle overhang in accord with UDC 11-3C-5B.4. Based on the number of vehicle parking stalls (57), a bicycle rack capable of holding a minimum of 2 bicycles is required to be provided per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. A bicycle rack is depicted on the site plan. Landscaping: Landscaping is required to be installed on the site in accord with the standards listed in UDC 11-3B. The only public street that abuts this site is E. Ustick Road to the north. Street buffer landscaping was installed along Ustick Road with development of the subdivision. Therefore, no street buffer landscaping is required with this application. An 11-foot wide landscape buffer is depicted on the landscape plan along E. Tecate Lane, a private street. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. One tree per 35 linear feet is required to be planted in the perimeter landscape buffer along the east boundary of the site; the landscape plan should be revised accordingly. EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 6 Trash Enclosure: A CMU trash enclosure is depicted on the site plan at the southeast corner of the building. The color and material of the enclosure should complement that of the restaurant building. Republic Services has noted that the location and/or design of the trash enclosure does not meet their requirements for servicing the dumpster. The applicant should contact Bob Olsen, Republic Services, (208-345-1265) to obtain approval of the trash enclosure design and location. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment 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) or the Conditional Use Permit (CUP) application. The stacking lane, speaker, and menu board locations are depicted on the site plan; however, the window location is not identified as such. The site plan and elevations submitted with the CZC application should depict the window location. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. The stacking lane shown on the site plan appears to have sufficient capacity to prevent obstruction of interior drive aisles; there is no public right-of-way adjacent to this site. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The stacking lane shown on the site plan is separated from the drive-aisle proposed for access to parking stalls along the east boundary of the site by a concrete painted strip in compliance with this requirement. D. The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence. This standard is not applicable as the proposed stacking lane is not within 10 feet of a residential district or existing residence. E. Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. An escape land is depicted on the site plan as required. Hours of Operation: The proposed hours of operation for the drive-through establishment are from 8:00 am to 10:00 pm Monday thru Friday and 9:00 am to 7:00 pm on Saturday. The UDC does not restrict hours of operation in the C-G zoning district when the use doesn’t abut a residential use or district. Therefore, staff isn’t recommending a restriction on the business hours of operation with this application. Sidewalk: A 5+/- foot wide attached sidewalk exists on the frontage of this site along E. Tecate Lane. The sidewalk in front of the building should be widened to 7 feet to allow or 2 feet of vehicle overhang; or, wheel stops should be placed within the parking stalls to prevent overhang. A minimum 5-foot wide walkway is required to be provided from the perimeter sidewalk to the main building entrance and shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks, per UDC 11-3A-19A.4. Building Elevations: Building elevations were submitted with this application for the proposed structure as shown in Exhibit A.4. Building materials consist of horizontal fiber cement siding with EIFS and stone veneer accents and blue striped canvas awnings. The proposed building elevations are not consistent with those currently referenced in the development agreement. A concurrent development agreement modification (MDA) application (H-2015-0016) is in process, scheduled to be heard by City Council on December EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 7 15, 2015, that requests removal of the requirement for compliance with the previously approved elevations for the Una Mas development. Prior to submittal of a Certificate of Zoning Compliance application for this site, the amended DA should be signed by the applicant, approved by City Council and recorded. If this request is denied, revised elevations should be submitted that comply with those included in the development agreement. Staff is recommending approval of the MDA application as current design standards and guidelines should ensure a higher quality of development. The future structure is required to comply with the design standards listed in UDC 11-3A-19 and the Meridian Design Manual (or any updated versions thereof in effect at the time of Certificate of Zoning Compliance application). The proposed structure appears to comply with current design standards. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use, site layout and building elevations from the Planning Division prior to submittal of a building permit application. (See Site Plan and Building Elevations sections above for more information.) Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A- 19 and the guidelines contained in the Meridian Design Manual (or any updated versions thereof in effect at the time of Certificate of Zoning Compliance application). Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: 10/5/15) 3. Landscape Plan (dated: 10/13/15) 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 8 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 9 Exhibit A.2: Site Plan (dated: 10/5/15) EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 10 Exhibit A.3: Landscape Plan (dated: 10/13/15) EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 11 Exhibit A.4: Building Elevations EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 12 EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 13 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development of the site shall substantially comply with the site plan and landscape plan included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement (Instrument No. 106137048) and amended development agreement (H-2015-0016) if approved. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive- Through Establishment. The site plan submitted with the Certificate of Zoning Compliance application shall demonstrate compliance with these standards and the conditions of approval in this report. 1.3 Obtain approval of a modification to the development agreement to remove the requirement for all building elevations to be in substantial conformance with those previously approved with AZ- 05-061. The amended development agreement shall be recorded prior to submittal of a Certificate of Zoning Compliance application for this site. A development agreement modification (H-2015- 0016) application is currently in process, scheduled to be heard by City Council on December 15, 2015. If this request is denied, revised elevations shall be submitted that comply with those included in the development agreement. 1.4 The site/landscape plans included in Exhibit A shall be revised as follows (as applicable): a. Widen the sidewalk in front of the building to 7 feet to allow for vehicle overhang; or, install wheel stops within the parking stalls to prevent vehicle overhang in accord with UDC 11-3C- 5B.4. b. The parking stalls along the east and west boundaries of the site that measure 9’ x 18’ either need to be revised to comply with the dimensional requirements for 90 degree parking (9’ x 19’) with wheel stops within the stalls to prevent vehicle overhang; or, the adjacent landscape buffer needs to be widened to 7 feet to allow for vehicle overhang in accord with UDC 11-3C-5B.4. c. Obtain approval from Bob Olson, Republic Services (208-345-1265) for the location and design of the trash enclosure; depict any changes that may be required. d. Depict the location of the drive-thru window. e. One tree per 35 linear feet is required to be planted in the perimeter landscape buffer along the east boundary of the site in accord with UDC 11-3B-8C.1. f. A bicycle rack capable of holding at least 2 bicycles is required and shall comply with the standards listed in UDC 11-3C-5C; a detail of the rack shall be included on the plan. g. Depict a minimum 5-foot wide walkway from the perimeter sidewalk to the main building entrance; the walkway shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks, per UDC 11-3A-19A.4. h. Construct a 35-foot wide landscape buffer along E. Ustick Road per UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. 1.5 The applicant shall obtain final approval of the property boundary adjustment (File #A-2015- 0038) application prior to submittal of a Certificate of Zoning Compliance/Design Review application for this site. 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. EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 14 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 (or any updated versions thereof in effect at the time of application). 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 The applicant shall coordinate with Bob Olson, Republic Services, on the location and design of the trash enclosure. 6. ADA COUNTY HIGHWAY DISTRICT A staff report has not yet been received from ACHD for this project. 7. PARKS DEPARTMENT 7.1 The Parks Department has no concerns with this application. EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 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 district as required by the UDC (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU-R for this site if designed in accord with the conditions listed in Exhibit B. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the area, and with other existing and future uses in the C-G zoning district. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. EXHIBIT A Culver’s Drive-Through – CUP H-2015-0013 PAGE 8 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Although the proposed use will likely produce traffic, noise and odors, the Commission finds it will not be excessive and 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.