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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 ÚÚd 2020 30001800 2845 3055 1940 3077 2131 2950 3085 1937 1965 1869 1751 2962 2965 17 8 9 2140 2951 2240 2264 2286 1510 2020 2342 2295 1902 2940 1861 1911 3030 2009 1631 1620 2490 2201 1736 1710 1303 1546 1155 1040 2069 2275 1080 2215 1947 2075 1915 2011 2107 206813111978 2170 2238 2310 2358 1505 2310 2326 1535 2976 2220 3068 2374 1530 1861 1822 1887 1780 1415 17 5 9 1505 1848 1833 18 0 5 18 0 5 1805 1805 1805 1434 1476 1805 12741322 2450 2000 1328 1755 1620 1645 1706 1754 13 1 8 1386 1882 1355 1317 1393 19781979 1964 1320 2005 1553 1903 1837 1777 1661 1632 15641834 1551 1715 1573 1916 1595 1873 2463 2541 1977 1718 1657 1643 1626 1720 2667 1925 1623 1725 2750 1860 1630 1874 1805 1805 1805 18 0 5 18 0 5 18 0 5 1943 1921 1773 1805 2347 1035 1805 1067 1362 13 0 0 1728 1780 1692 1796 1335 1810 1320 1597 1384 1914 1575 12 8 2 1885 1859 1574 1140 1815 1495 1629 1550 2389 1081 1540 2700 1185 1950 1065 2365 1083 1180 1085 2600 2260 2043 1120 2305 1828 1979 1250 1618 2106 1615 2320 1805 2074 1805 1805 18 0 5 1711 1120 1735 1160 1561 1435 1393 1547 1477 1866 18991815 18 0 5 1831 1805 18 0 5 1377 18 0 5 1395 1348 1354 1339 1328 12 8 9 1725 2000 1670 2045 1700 1738 1770 1664 13 1 1 1860 1318 1938 1382 1325 1797 1857 1805 1805 2010 18 0 5 1791 1648 1753 1824 1563 12 9 3 1582 1342 1654 1728 1572 1594 1805 1805 1805 18 0 5 1 8 0 5 1301 1329 13371379 1992 12 8 0 1347 1925 1689 1637 1598 1581 1051 1099 1695 2235 2321 1126 975 1305 1495 S L o c u s t G r o v e R d E Overland Rd §¨¦84 S L o d e r P l S E l k h o u n d A v e S L u x u r y Ln S W e l l s A v e E Puffin Ct E Mastiff St E Mastiff St E Shepherd St S L a b r a d o r P l E Borzoi St EPuffinSt E Blue Horizon D r E Charolais Dr S T o ri n o A v e E Gala Ct E Peacock St S M i l l e n n i u m W a y E Peacock St E BirdDog Ln E C o n t i n e n t a l D r E C i n e m a Dr E Gala St E Tarpon Dr E B e n t l e y D r E Puffin St S T r u s s P l S S p o r t s m a n W a y S B o n i t o W a y S C e l e b r a t i o n A v e SWINDELL OVERLAND WAY SUB INTERSTATE AREA OVERLAND COMMERCIAL 1 LOCUST GROVE PLAZA SOMERTON BUSINESS PARK SUB 1 MAVERICK L.G. RESIDENCE WYNDSTONE PLACE GRAMERCY \ KENAI FINANCIAL PLAZA ZONED - I-L CHURCH LDS 3 SCHOOL MOUNTAIN VIEW SCHOOL MERIDIAN JOINT DIST. 02 DESTINATION PLACE PLAYGROUND SUB DORADO PACK IT UP SPORTSMAN POINTE NO 05 SPORTSMAN POINTE NO 01 RESOLUTION NO 1 BONITO SAGECREST GALA PARK RIVERBIRCH COURTYARD CONDOMINIUMS GAUDRY SEEGMILLER VALENCIA PLAZA CONDOS VALENCIA PLAZA BONITO NO 02 SPORTSMAN POINTE NO 03 SPORTSMAN POINTE NO 06 ZONED - C-G ZONED - R-2 MEDICAL MILLENNIUM CONDOMINIUM PRIMARY HEALTH BROADVIEW UNIVERSITY 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.