Cherry Crossing Drive-Through CUP-H-2015-0023CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0023
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit for a Drive-Through Establishment
within Three Hundred Feet (300’) of a residential use, in a C-N zoning district, located at 1756 W.
Cherry Lane, by Jeff Hatch, Erstad Architecture.
Case No(s). H-2015-0023
For the Planning & Zoning Commission Hearing Date of: December 17, 2015 (Findings on January
7, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 17,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 17, 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-2015-0023
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 17, 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 17, 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 17, 2015
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 1
STAFF REPORT
Hearing Date: December 17, 2015
TO: Planning & Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: H-2015-0023 – Cherry Crossing Drive-Through - CUP
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Erstad Architects, has applied for a conditional use permit (CUP) for a drive-through
establishment within 300 feet of a residential use, in a C-N zoning district. See Section IX Analysis for
more information. The Meridian Planning and Zoning Commission heard this item on December
17, 2015. At the public hearing, the Commission voted to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: None
ii. In opposition: None
iii. Commenting: Jeff Hatch
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. Speaker location
c. Key Commission Changes to Staff Recommendation:
i. None
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.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2015-
0023 as presented in the staff report for the hearing date of December 17, 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 January 7, 2016.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0023
as presented during the hearing on December 17, 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 H-2015-0023 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
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 2
A. Site Address/Location:
The subject property is located at 1756 W. Cherry Lane, in the SE ¼ of Section 2, Township 3
North, Range 1 West
B. Owner(s):
Cherry Linder, LLC
P.O. Box 8584
Boise, ID 83707
C. Applicant:
Jeff Hatch, Erstad Architects
310 N. 5 th Street
Boise, ID 83702
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 30 and December 14, 2015
C. Radius notices mailed to properties within 300 feet on: November 19, 2015
D. Applicant posted notice on site by: December 8, 2015
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property consists of a multi-tenant commercial
building, zoned C-N.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single-family residences, zoned R-4
East: Total Woman Fitness, zoned C-N
South: W. Cherry Lane, multi-tenant commercial building, zoned C-N
West: Single-family residences, zoned R-4
C. History of Previous Actions:
• The subject property received preliminary plat (PP-01010) and Conditional Use Permit
(CUP-01-016) approval in 2001, and final plat (FP-02011) approval in 2002.
• In 2005, the subject property also received Certificate of Zoning Compliance for the site to
construct the multi-tenant building (CZC-05-048). Although the drive-through is constructed,
the City does not have any records of a drive-through uses being established on the property
thus the reason for the CUP application.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service currently exists to the subject parcel
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 3
b. Location of water: Water service currently exists to the subject parcel.
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 “Commercial” on the Comprehensive Plan Future Land Use Map. The
purpose of this designation is to 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 applicant requests approval to operate a drive-through use on the site, which requires conditional
use permit approval in the C-N zoning district when adjacent to residential use or zoning district.
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)
The existing parking lot and perimeter landscaping appear to meet the standards listed in
UDC 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.
• “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 south side of the building facing W. Cherry Ln.
and a commercial use; the nearby residential uses should not 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 business will contribute to the variety of services available in the
northwest portion of the City.
• “Locate small-scale neighborhood commercial areas within planned residential developments
as part of the development plan.”
The existing small-scale commercial development on this site provides a variety of services to
existing residential neighborhoods and will provide services for future neighborhoods in this
area of the City.
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 4
• “Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There is an existing block wall and a 25 to 30 foot landscape buffer on the west side of the
subject property.
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 purpose of the C-N district is to provide for the retail and service needs of the community in
accord with the Meridian Comprehensive Plan. Allowed uses in the C-N district are a small scale
convenience with limited hours of operation with access to arterials or collectors.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-N zoning district. A drive-through
establishment is a conditional use in the C-N zoning district when located within 300 feet
of a residence, residential use, or another drive-through establishment.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-N
zoning district apply to development of this site.
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 in the C-N zoning district. A CUP is required because the proposed drive-through
is within 300 feet of a residential use (to the west), per UDC Table 11-2B-2.
Site Plan: A site plan included in Exhibit A.2 depicts how the applicant proposes to use the
existing drive-through.
The site will be required to meet the standard s of UDC 11-4-3-11, and will be required to obtain
a CZC for the design of the drive-through .
Access: Access is from W. Cherry Ln, and from W. Emerald Falls Drive.
Landscaping: Landscaping is installed on site and not subject to review as part of this
application.
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 is depicted on the site plan; however, the window location, the speaker
location and the menu board locations are not identified as such. The site plan and
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 5
submitted with the CZC application should depict the locations of the window, the
speaker and the menu board.
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 does not appear to have sufficient capacity to
prevent obstruction of interior drive aisles.
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 appears to be separated from the drive-aisle by
an existing landscape island. Further separation from the drive aisle will likely be
required to meet site design standards. Staff recommends installing extruded curb to
further separate the drive aisle from the drive-thru lane. This will help to protect vehicles
in the drive-aisle.
D. The stacking lane shall not be located within ten feet (10’) of any residential district or
existing residence.
There is an existing approximately 30 foot landscape buffer to the west of the drive-
through stacking lane that buffers the drive-through from the adjacent residential uses.
E. Any stacking lane greater than one hundred feet (100’) in length shall provide for an
escape lane.
The stacking lane is not 100’ in length.
Hours of Operation: The proposed hours of operation for the drive-through establishment are
from 7:00 am to 10:00 pm Monday through Saturday and 7:00 am to 6:00 pm on Sunday. The
UDC restricts hours of operation in the C-N zoning district from 6:00 am to 10:00 pm. Therefore,
staff isn’t recommending a restriction on the business hours of operation with this application.
Building Elevations: Building elevations are not required as part of this project.
Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC
application for approval of the proposed use and modifications to the drive-through from the
Planning Division prior to submittal of a building permit 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: 03/24/05)
3. Landscape Plan (dated: 03/17/05)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 6
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 7
Exhibit A.1: Vicinity/Zoning Map
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 8
Exhibit A.2: Site Plan (dated: 10/02/15)
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 9
Exhibit A.3: Landscape Plan (dated: 10/02/15)
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 10
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.
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 The site/landscape plans included in Exhibit A shall be revised as follows (as applicable):
A. Depict the location of the drive-through window.
B. Depict the location of the drive-through speaker.
C. Depict the location of the drive-through menu board.
D. Demonstrate through painted, extruded curb that the drive-through lane is separated from
the drive aisle.
1.4 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. The proposed site layout is required to comply with the design standards listed
in UDC 11-3A-19 (or any updated versions thereof in effect at the time of application).
1.5 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.6 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.
1.7 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.
1.8 Per UDC 11-28-3, the proposed business will only be allowed to operate between the hours of
6:00 am and 10:00 pm.
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 Republic Services has no comments on this application.
Exhibit A
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 11
6. ADA COUNTY HIGHWAY DISTRICT
6.1 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
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 12
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 finds that the subject property is large enough to accommodate the proposed use
and the dimensional & development regulations of the C-N 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.
Commission finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Commercial for this site if
designed in accord with the conditions listed in Exhibit B.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
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-N
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. 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, 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
Cherry Crossing Drive-Through – CUP H-2015-0023 PAGE 12
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, 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.
Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, 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.