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Dutch Bros. CUP H-2016-0025CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0025 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for the Conditional Use Permit for a Drive-Through Establishment within Three Hundred Feet (300’) of a Residential Use in a C-G Zoning District and per Requirement of the Development Agreement; and Extended Hours of Operation for Dutch Bros. Coffee, Located at 37 E. Calderwood Drive, by Steven Adamson. Case No(s). H-2016-0025 For the Planning & Zoning Commission Hearing Dates of: April 7 and 21, 2016 (Findings on May 5, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 21, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 21, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 21, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 21, 2016, 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-2016-0025 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 April 21, 2016, 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 April 21, 2016, 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 April 21, 2016 EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 1 STAFF REPORT Hearing Date: April 21, 2016 (Continued from: April 7, 2016) TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Dutch Bros. Coffee – CUP (H-2016-0025) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Steven Adamson, has applied for a conditional use permit (CUP) for a drive-through establishment for Dutch Bros. Coffee in a C-G zoning district; and extended hours of operation from 5:00 am to 11:00 pm. A CUP is required by the development agreement for the proposed drive- through and extended business hours of operation; and per UDC Table 11-2B-2 because the drive- through is proposed within 300 feet of a 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 April 21, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Jeffrey Hall ii. In opposition: None iii. Commenting: Robin Hatcher iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The requirement for the material of the enclosure around the Intermountain gas equipment to be changed. c. Key Commission Changes to Staff Recommendation: i. Modification to condition #1.5 to extend the business hours of operation from 5:00 am to 11:00 pm. ii. Removal of condition #1.7, which requires the mechanical equipment along Calderwood Street to be screened with an allowable material and the existing chainlink enclosure to be removed. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0025 as presented in the staff report for the hearing date of April 21, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0025 as presented during the hearing on April 21, 2016, for the following reasons: (You should state EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 2 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-2016-0025 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 37 E. Calderwood Drive, in the NW ¼ of Section 19, Township 3 North, Range 1 East. B. Owner(s): GGR, LLC – Bob Runyan P.O. Box 2579 Eagle, ID 83616 C. Applicant: Northwest Commercial Advisors, LLC 3023 E. Copper Point Dr., Ste. 205 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: March 21 and April 4, 2016 C. Radius notices mailed to properties within 300 feet on: March 10, 2016 D. Applicant posted notice on site by: April 8, 2016 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. Calderwood Drive and retail commercial property, zoned C-G East: Spring Creek Senior Living, zoned L-O South: Vacant/undeveloped commercial property, zoned C-G West: S. Meridian Road (SH-69) and single-family residential properties, zoned R-4 C. History of Previous Actions:  In 2004, the overall property in which this site is located received rezone, preliminary plat, conditional use permit and final plat (RZ-04-009, PP-04-023, CUP-04-025 & FP-04-067) approval to develop a nursing care facility, forty (40) single family homes and the potential to develop twelve (12) office buildings in an R-8 and L-O zoning districts. The subject property EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 3 was proposed to develop with office uses.  In 2015, the subject property was rezoned (RZ-15-002) with the requirement of a Development Agreement (#2015-043235); and a conditional use permit modification (MCU- 15-001) was approved to modify the site plan and exclude the site from the Larkspur planned unit development. Approval to vacate (VAC-15-002) a portion of a plat note on the recorded plat for Larkspur Subdivision and reduce the platted width of the Meridian Road street buffer was also approved.  In 2016, a property boundary adjustment (A-2016-0005) was approved which combined two building lots into one for the subject property. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to this area currently exists south of the subject site. b. Location of water: A water main intended to provide service to this area currently exists adjacent to the subject site. c. Issues or concerns: Applicant shall be responsible to extent utility service to the subject site. 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 “Medium Density Residential” on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of the residential land use designations is to provide a variety of housing types. Typically, the City envisions single family homes at gross densities of 3 to 8 dwellings units per acre. While commercial uses and zoning are not typically allowed in MDR designated areas, the Larkspur development was approved as a planned development (CUP-04-025), the property was allowed to develop with office uses and zoned L-O. Last year, this property along with several others to the south was re-zoned to C-G with the requirement of a development agreement and was removed from the requirements of the planned development. The commercial FLUM designation on the property to the north across Calderwood Drive was allowed to “float” to this property because FLUM designations are not parcel specific therefore, the site was rezoned to C-G. The proposed use of the property as a drive-through coffee shop is consistent with the uses desired in C-G zoned areas with access via a collector street in close proximity to residential uses. Therefore, staff finds the proposed use is consistent with the Comprehensive Plan. 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) EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 4 Street buffer and parking lot landscaping is required to be provided with development.  “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 coffee kiosk will offer a service within walking distance of several nearby residential neighborhoods (i.e. Spring Creek, Larkspur, Meridian Greens, Running Brook Estates).  “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02O) Direct lot access is not proposed or allowed via S. Meridian Road or E. Calderwood Drive. A cross-access/shared parking easement/agreement is required to be recorded for the commercial development in which this site lies.  “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; street buffer landscaping exists along S. Meridian Road (SH-69) and is required along E. Calderwood Drive in accord with the standards listed in UDC 11-3B-7C.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed drive-through will not have speakers; therefore, the noise should be minimal. Air pollution will be a factor with cars idling in the drive-through; however, it shouldn’t be excessive. Visual pollution will be mitigated with landscaping on the site.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed drive-through coffee kiosk will contribute to the variety of services available in the southern 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. 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 restaurant is a principal permitted use in the C-G zoning district; a drive-thru establishment requires conditional use permit approval when located within 300 feet of a residence, residential use, or another drive-thru establishment subject to the specific use standards set forth in UDC 11-4-3-11. EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 5 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. 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 Dutch Bros. Coffee in a C-G zoning district; and extended hours of operation from 5:00 am to 11:00 pm. The development agreement requires CUP approval of the drive- through use and extended hours of operation beyond 6 am to 11 pm. A CUP is also required per UDC Table 11-2B-2, because the proposed drive-through is located within 300 feet of an existing residential use (Spring Creek Senior Living) and per UDC 11-2B-3A.4 for extended hours of operation. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop with a 571 square foot (s.f.) coffee kiosk with a drive-through. Staff recommends the stacking lane for the drive-through is striped leaving a 25-foot wide drive aisle for vehicles entering and exiting the parking stalls. The width of the street buffer along Calderwood may be reduced to 20 feet measured from back of sidewalk. Access: Access is proposed from a shared driveway for the commercial development via E. Calderwood Drive. Direct lot access is prohibited via S. Meridian Road (SH-69) and E. Calderwood Drive. A cross-access/shared-parking easement/agreement is required per the recorded development agreement to be recorded for the commercial development. A copy of the recorded agreement is required to be submitted to the City prior to the issuance of the first certificate of occupancy. Parking: Based on the overall square footage of the building (571 s.f.), a minimum of one vehicle parking space is required to be provided on the site per the standards listed in UDC 11- 3C-6B. A total of 7 parking stalls are proposed. Based on the number of vehicle parking stalls (7), a bicycle rack capable of holding a minimum of one bicycle is required to be provided per UDC 11-3C-6G as proposed in accord with the standards listed in UDC 11-3C-5C. Landscaping: A 35-foot wide landscaped street buffer exists along S. Meridian Road, an arterial street that was installed with Larkspur Subdivision No. 1; all existing landscaping is required to be protected during construction in accord with UDC 11-3B-10C. A 20-foot wide street buffer is required along E. Calderwood Drive, a collector street in accord with the standards listed in UDC 11-3B-7C per UDC Table 11-2B-3; additional trees are required within the buffer to total 1 per 35 linear feet. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. Trees (1 per 35 linear feet) are required to be planted within the perimeter buffer along the southern boundary of the site in accord with UDC 11-3B-8C; no trees are currently shown on the plan. Trash Enclosure: A dumpster to serve the proposed use is depicted on the site plan. The applicant should obtain approval from Republic Services for the location and design of the enclosure and size of the trash receptacle (see condition #5.1 in Exhibit B). Materials for the enclosure are proposed to consist of split face CMU block with metal doors. The materials and colors of the structure should complement that of the building. EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 6 Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11, Drive-Through Establishment. Staff has reviewed these standards and found the site plan to be in compliance with those standards. Hours of Operation: The proposed hours of operation are from 5:00 am to 11:00 pm. Because common area separates this site from the adjacent residential property to the east (Spring Creek Senior Living), the hours of operation are not required to be restricted per UDC 11-2B-3A.4. Sidewalk: Five-foot wide detached sidewalks are required along collector and arterial streets per UDC 11-3A-17. A 5-foot wide detached sidewalk exists along S. Meridian Road (SH-69) and a 5-foot wide attached sidewalk exists along E. Calderwood Drive. Because the sidewalk along Calderwood is fairly new, staff does not recommend it’s replaced with a detached sidewalk. A 5-foot wide pedestrian walkway is required from the perimeter sidewalk to the main building entrance per UDC 11-3A-19A.4. The site plan depicts a 4-foot wide sidewalk. The sidewalk should be widened to 5 feet and be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks. Mechanical Equipment: All outdoor service equipment is required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. There is currently some mechanical/service equipment that exists within a chainlink enclosure on this site adjacent to Calderwood. As the UDC (11-3B-5M) does not allow chainlink fencing (with or without slats) to qualify as a screening material, the chainlink should be removed and replaced with an allowable screening material. Building Elevations: Building elevations were submitted for the proposed structure as shown in Exhibit A.4. Building materials consist primarily of stucco with cultured stone and stucco banding as accents. The structure is required to be consistent with the building elevations approved with RZ-15-002 and comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual (ASM). Staff finds he proposed elevations are generally consistent with those previously approved. Detailed review for compliance with UDC and ASM design standards will take place with the Certificate of Zoning Compliance and Design Review applications. 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. 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 Architectural Standards Manual. 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: 2/18/16) 3. Landscape Plan (dated: 2/18/16) 4. Building Elevations EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 7 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 Dutch Bros. Coffee – CUP H-2016-0025 PAGE 8 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 9 Exhibit A.2: Site Plan (dated: 2/18/16) EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 10 Exhibit A.3: Landscape Plan (dated: 2/18/16) EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 11 Exhibit A.4: Building Elevations EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 12 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site (RZ- 04-009; PP-04-023; CUP-04-025; FP-04-067; RZ-15-002; MCU-15-001; VAC-15-002 and Development Agreement #2015-043235). 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. 1.3 The site and/or landscape plans included in Exhibit A, dated 2/18/16 shall be revised as follows (as applicable): a. Include one tree within the planter island at the east end of the row of parking in accord with UDC 11-3B-8C; the planter island shall be planted with vegetation that results in 70% coverage at maturity per UDC 11-3B-5N. b. Widen the internal sidewalk that abuts the parking stalls to 7 feet to allow for 2 feet of vehicle overhang; or, widen the sidewalk to a minimum of 5 feet and provide wheel stops within the parking stalls to prevent vehicle overhang in accord with UDC 11-3A-17 and11-3C-5B.4. c. Include a detail of the bicycle rack that complies with the standards listed in UDC 11-3C-5C. d. Widen the pedestrian walkway from the perimeter sidewalk along Calderwood Drive to the main building entrance to 5 feet. 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. e. Trees (1 per 35 linear feet) are required to be planted within the street buffer along E. Calderwood Drive and within the perimeter buffer along the southern boundary of the site in accord with UDC 11-3B-7C and 11-3B-8C. f. Stripe the stacking lane for the drive-through leaving a 25-foot wide drive aisle for vehicles entering and exiting the parking stalls. The width of the street buffer along Calderwood may be reduced to 20 feet measured from back of sidewalk. 1.4 All existing landscaping within the street buffer adjacent to S. Meridian Road (SH-69) shall be protected during construction in accord with UDC 11-3B-10C. 1.5 The hours of operation for the proposed drive-through are restricted to the hours between 65:00 am and 11:00 pm, unless extended hours are approved with this application. The Commission approved extended hours of operation for this project. 1.6 A cross-access/shared-parking easement/agreement was required per the recorded development agreement to be recorded for the commercial development. A copy of the recorded agreement is required to be submitted to the City prior to the issuance of the first certificate of occupancy. 1.7 The chainlink enclosure around the mechanical/service equipment located adjacent to E. Calderwood Drive shall be removed and replaced with an allowable screening material per UDC 11-3A-12B and 11-3B-5M. The Commission did not require changes to the existing enclosure. 1.8 Development of this site shall substantially comply with the approved site plan, landscape plan and building elevations and the conditions of approval listed herein. 1.9 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 Dutch Bros. Coffee – CUP H-2016-0025 PAGE 13 1.10 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 Architectural Standards Manual. 1.11 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.12 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. 1.13 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 design of the trash enclosure and size of the receptacle. 6. ADA COUNTY HIGHWAY DISTRICT The Ada County Highway District (ACHD) has reviewed the submitted application for the application referenced above and has determined that there are no improvements required to the adjacent street. The applicant shall be required to: 1. Pay a traffic impact fee. If applicable, a traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit by the lead agency. This is a separate review process and it is the applicant’s responsibility to submit plans directly to ACHD. 2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 3. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). 6.1 STANDARD CONDITIONS OF APPROVAL 6.1.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 PAGE 14 6.1.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6.1.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.1.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.1.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6.1.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.1.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.1.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 6.1.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.1.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.1.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.1.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. EXHIBIT A Dutch Bros. Coffee – CUP H-2016-0025 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 comply with the dimensional & development regulations of the C-G district as required by the UDC (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site if designed in accord with the conditions listed in Exhibit B. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the area, and with other existing and future uses in the C-G zoning district. d. That the proposed use, if it complies with all conditions of the 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 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 Dutch Bros. Coffee – CUP H-2016-0025 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. The Commission finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.