Sonic CUP H-2016-0045CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0045
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment for the
Sonic Drive-In Restaurant on 0.84 of an Acre of Land in the C-G Zoning District, Located at 1535
Celebration Avenue, by Jeff Huber, White-Leasure Development Company.
Case No(s). H-2016-0045
For the Planning & Zoning Commission Hearing Date of: May 19, 2016 (Findings on June 2, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 19, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 19, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 19, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 19, 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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0045
Page 2
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 19, 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 May 19, 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 May 19, 2016
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 1
STAFF REPORT
Hearing Date: May 19, 2016
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: Sonic Drive-In – CUP (H-2016-0045)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, White-Leasure Development Company, has applied for a conditional use permit (CUP)
for a drive-through establishment for the Sonic Drive-In restaurant on 0.84 of an acre of land in the C-
G zoning district. A CUP is required because the proposed drive-through is within 300 feet of another
drive-through establishment per UDC 11-4-3-11. 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 May 19, 2016. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Jeff Huber
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jeff Huber
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. Modification to condition #1.3a to remove the sentence pertaining to trees within the
sewer and water easement.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0045 as presented in the staff report for the hearing date of May 19, 2016, 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 June 2, 2016.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0045
as presented during the hearing on May 19, 2016, 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
Sonic – CUP H-2016-0045 PAGE 2
Continuance
I move to continue File Number H-2016-0045 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 1535 Celebration Avenue, in the SW ¼ of Section 17,
Township 3 North, Range 1 East
B. Owner(s):
Boise Valley Commons, LLC
4751 N. Trotter Lane
Boise, ID 83669
C. Applicant:
Jeff Huber, White-Leasure Development Company
8385 W. Emerald St.
Boise, ID 83713
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: May 2 and 16, 2016
C. Radius notices mailed to properties within 300 feet on: April 29, 2016
D. Applicant posted notice on site by: May 10, 2016
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is currently vacant/undeveloped land,
zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant land & commercial property, zoned C-G
East: Vacant land, zoned C-G
South: Vacant land & a parking lot, zoned C-G
West: Subway restaurant, zoned C-G
C. History of Previous Actions:
In 1996, this property was annexed and zoned C-G (Ordinance #724, Howell).
In 2004, a preliminary plat (PP-04-042) was approved that included the subject property.
In 2005, a final plat (FP-05-014) was approved that depicted this property as Lot 2 and a
portion of Lot 1, Block 1, Destination Place Subdivision.
In 2008, a short plat (SHP-08-001) was approved for Destination Place Subdivision No. 2
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 3
that included the subject property as Lots 6 and 7 and portions of Lots 4 and 5, Block 1.
Several property boundary adjustments have been approved on this site recorded as #7658,
#7691, #8511, and #10439; the last of which created the current configuration of the property
(see record of survey in Exhibit A.5, Parcel C).
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 “MU-R” 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.
The subject property is located just north of E. Overland Road, an arterial street and within a half mile
of Eagle Road and the I-84 interchange. The proposed restaurant with a drive-through will provide a
convenient fast food dining option near Mountain View High School, across the street to the south;
patrons of the movie theatre northwest of this site, and the various businesses within this
development. There are no residential uses as of yet in this development area but there are some
apartments (Sagecrest) southwest of this site on the south side of E. Overland Road. The Majestic
Theatre and High Desert Harley-Davidson to the north create a regional draw to this area.
The proposed use should contribute to the variety of uses in this area, consistent with the plan for
MU-R designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
A 10-foot wide street buffer is required along E. Cinema Drive and S. Celebration Avenue on
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 4
this site landscaped per UDC Table 11-2B-3 in accord with the standards listed in UDC 11-
3B-7C. Additional parking lot and perimeter landscaping will be required with the
development of the subject site in accord with 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.
“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)
There are no existing residential uses adjacent to this site.
“Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
The proposed restaurant with a drive-through will contribute to the variety of services
available in the 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.
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 the Sonic Drive-In restaurant in a C-G zoning district. The CUP is required
because the proposed drive-through is within 300 feet of an existing drive-through establishment
(Dutch Bros.) per UDC Table 11-2B-2 and 11-4-3-11.
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop
with a 2,308 square foot (s.f.) restaurant with a drive-through, indoor seating for approximately
40 customers and an outdoor seating area for approximately 20 customers. The indoor seating
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 5
area can be accessed through man doors and a roll-up door that will be open as weather permits.
Drive-in stalls are also proposed to be provided where customers can order and eat in their
vehicles.
Access: Access is proposed via E. Cinema Drive through the adjacent property to the west via a
cross-access easement depicted on the record of survey (ROS) (#10439); and via S. Celebration
Avenue, both local streets. A cross-access easement is also depicted on the ROS at the southeast
corner of the site for a shared access between this site and the property to the south.
Parking: Based on the overall square footage of the building (2,308 s.f.), a minimum of 4 vehicle
parking spaces are required to be provided on the site per the standards listed in UDC 11-3C-6B.
A total of 19 drive-in stalls and 9 regular parking stalls are proposed for a total of 28 spaces,
which exceeds the minimum UDC minimum standards. Further, the proposed parking stalls and
drive aisle design must comply with the standards set forth in UDC Table 11-3C-5 and Figure 1
contained in the same section. The number of parking spaces listed in the calculation table on the
landscape plan is incorrect; the number of actual parking spaces is 28.
Based on the number of vehicle parking stalls (28), 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 should be depicted on the site plan and a detail of the bicycle
rack should be submitted with the Certificate of Zoning Compliance application.
Landscaping: A 10-foot wide landscaped street buffer exists along E. Cinema Drive and S.
Celebration Avenue, both local streets, in accord with the standards listed in UDC 11-3B-7C.
Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The
landscaping depicted in planter islands at the ends of rows of parking complies with this standard;
however, the perimeter buffer along the southern boundary of the site is required to have
one tree per 35 linear feet as set forth in UDC 11-3B-8C. Because trees are not allowed
within the City’s sewer and water main easement, the applicant should either provide an
additional 5 feet outside of the easement area for trees and shrubs, lawn or other vegetative
groundcover; or, apply for Alternative Compliance as set forth in UDC 11-5B-5.
Trash Enclosure: A dumpster to serve the proposed restaurant is depicted on the site plan at the
southwest corner of the site. The applicant should obtain approval from Republic Services for the
location and design of the enclosure.
Materials for the enclosure are proposed to consist of split face CMU block in a color that
matches the building with metal doors as shown in Exhibit A.4.
Specific Use Standards: Per UDC 11-4-3-11 Drive-Through Establishment, the following
specific use standards apply to the proposed drive-through use:
All establishments providing drive-through service shall identify the stacking lane, speaker
location, and window location on the plans submitted with the Certificate of Zoning
Compliance (CZC) application. These items should be clearly depicted on the site plan
submitted with the CZC application.
A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
circulation on the site and between adjacent properties. At a minimum, the plan shall
demonstrate compliance with the following standards:
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-
way by patrons. The stacking lane depicted on the site plan appears to have sufficient
capacity to prevent obstruction of the public right-of-way and interior drive aisles.
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 6
The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. The stacking lane is separate from the circulation lane needed for access
and parking and is proposed to be concrete which delineates it from the asphalt parking
and drive-aisle areas.
The stacking lane shall not be located within ten feet (10’) of any residential district or
existing residence. The site plan demonstrates compliance with this standard; there are
no nearby residences or residential districts.
Any stacking lane greater than one hundred feet (100’) in length shall provide for an
escape lane. An escape lane is depicted on the site plan.
The site should be designed so that the drive-through is visible from a public street for
surveillance purposes. The drive-through is visible from S. Celebration Avenue along the
east boundary of the site.
The applicant shall provide a 6-foot sight obscuring fence where a stacking lane or window
location adjoins a residential district or an existing residence. There are no existing
residences or residential districts abutting this site.
Hours of Operation: The proposed hours of operation are from 6:00 am to 12:00 am seven days
a week. This site does not abut a residential use or district, therefore the hours of operation are not
restricted, per UDC 11-2B-3A.4.
Sidewalk: A 5-foot wide attached sidewalk exists along E. Cinema Drive and S. Celebration
Ave. on this site in accord with UDC 11-3A-17.
A pedestrian walkway is depicted on the site plan from the perimeter sidewalk along S.
Celebration Ave. to the main building entrance as required; however, the walkway should be
distinguished from the vehicular driving surfaces through the use of pavers, colored or
scored concrete, or bricks as set forth in UDC 11-3A-19A.4.
Building Elevations: Building elevations were submitted for the proposed structure as shown in
Exhibit A.4. Building materials consist primarily of stucco with stone veneer accents. Final
design should be consistent with the design standards listed in UDC 11-3A-19 and the
Architectural Standards Manual.
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 Map
2. Site Plan (dated: 4/11/16)
3. Landscape Plan (dated: 4/11/16)
4. Building Elevations
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 7
5. Record of Survey (#10439)
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
Sonic – CUP H-2016-0045 PAGE 8
Exhibit A.1: Vicinity Map
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EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 9
Exhibit A.2: Site Plan (dated: 4/11/16)
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 10
Exhibit A.3: Landscape Plan (dated: 4/11/16)
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 11
Exhibit A.4: Building Elevations
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 12
Exhibit A.5: Record of Survey (#10439)
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 13
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site (AZ
Ord. #724; PP-04-042; FP-05-014; SHP-08-001).
1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive-
Through Establishment.
1.3 The site and/or landscape plans included in Exhibit A, dated 4/11/16 shall be revised as follows
(as applicable):
a. One tree per 35 linear feet is required within the perimeter buffer along the south boundary of
the site in accord with UDC 11-3B-8C. Because trees are not allowed within the City’s sewer and
water main easement, the applicant shall either provide an additional 5 feet outside of the
easement area for trees; or, apply for Alternative Compliance as set forth in UDC 11 -5B-5.
b. A bicycle rack capable of holding a minimum of 2 bicycles is required to be provided on the
site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C; depict the location
on the site plan. Also include a detail of the bicycle rack.
c. Depict all items required in UDC 11-4-3-11B on the site plan.
d. The walkway from the perimeter sidewalk along S. Celebration Ave. to the main building
entrance is required to be distinguished from the vehicular driving surfaces through the use of
pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19A.4.
e. The proposed 45 degree angled parking stalls and drive aisle design shall comply with the
standards set forth in UDC Table 11-3C-5 and Figure 1 contained in the same section.
1.4 All existing landscaping within the street buffers adjacent to E. Cinema Drive and S. Celebration
Avenue shall be protected during construction as set forth in UDC 11-3B-10C.
1.5 Development of this site shall substantially comply with the approved site plan, landscape plan
and building elevations and the conditions of approval listed herein.
1.6 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.
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 Architectural Standards Manual.
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.
EXHIBIT A
Sonic – CUP H-2016-0045 PAGE 14
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.
6. ADA COUNTY HIGHWAY DISTRICT
Comments have not yet been received from ACHD on this project.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments on this application.
EXHIBIT A
Sonic – CUP H-2016-0045 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 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 sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available 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
Sonic – CUP H-2016-0045 PAGE 15
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.