Chinden and Linder Crossing CUP H-2016-0046CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0046
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit for a Drive-Through Establishment for a
Restaurant on 0.67 of an Acre of Land in the C-C Zoning District within Three Hundred Feet
(300’) of another Drive-Through Establishment, a Residential District and Residential Uses,
Located at 1805 W. Island Green Drive, by Nate Hosac.
Case No(s). H-0016-0046
For the Planning & Zoning Commission Hearing Date of: May 19, 2016 (Findings on June 2, 2016)
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0046
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 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
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 1
STAFF REPORT
Hearing Date: May 19, 2016
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: Chinden and Linder Crossing – CUP (H-2016-0046)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Nate Hosac, has applied for a conditional use permit (CUP) for a drive-through
establishment for a restaurant on 0.67 of an acre of land in the C-C zoning district. A CUP is required
because the proposed drive-through is within 300 feet of another drive-through establishment, a
residential district and residential uses, per UDC 11-4-3-11 and the development agreement. 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: Nate Hosac
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Nate Hosac, Applicant’s Representative (in agreement with staff
report)
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. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0046 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-2016-0046
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
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 2
Continuance
I move to continue File Number H-2016-0046 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 1805 W. Island Green Drive, in the SE ¼ of Section 23,
Township 4 North, Range 1 West (Parcel #R1392120090)
B. Owner(s):
Chinden & Linder Crossing, LLC
350 N. 9th Street, #200
Boise, ID 83702
C. Applicant:
Nate Hosac
408 S. Eagle Rd., Ste. 110
Eagle, ID 83616
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-C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: W. Island Green Drive and rural residential property, zoned RUT in Ada County
East: Vacant/undeveloped land, zoned C-C
South: Chinden Blvd. and vacant/undeveloped land, zoned C-G
West: Vacant/undeveloped land [recently approved for a drive-through restaurant (Carl’s Jr.)],
zoned C-C
C. History of Previous Actions:
In 2006, this property was annexed (AZ-06-005) with a C-C and TN-C zoning district.
In 2011, this property was rezoned (RZ-11-006) from the TN-C to the C-C zoning district.
In 2014, a preliminary plat (PP-14-011), final plat (FP-14-041) and development agreement
modification (MDA-14-008, Inst. #2014-088001) was approved for the development of a
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 3
nine (9) lot commercial subdivision. The new development agreement excluded the subject
property from previous development agreements (Inst. #106122365, #109082037 and
#112040233).
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 open 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
Land Use: The subject property is designated Mixed Use - Community (MU-C) on the Future Land
Use Map (FLUM) contained in the Comprehensive Plan.
The purpose of this designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including
residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in
these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to
(up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are
encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan
depicted in Figure 3-3 in the Comprehensive Plan (pg. 27).
Developments should have a mix of at least 3 land use types; residential uses should comprise a
minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential
buildings should be proportional to and blend in with adjacent residential buildings; vertically
integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces
and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries,
and schools that comprise a minimum of 5% of the development area are required.
The applicant proposes to construct a structure on this site that will house up to 3 tenants consisting of
a drive-through restaurant and possible retail use(s). A medical office (Primary Health) has been
constructed and another drive-through establishment (Carl’s Jr.) has been approved to the west of this
site; the remainder of the MU-C designated area is yet to develop.
The previously approved conceptual development plan for this area depicts a mix of community
serving uses consisting of medical office, retail, restaurant, bank and drive-through uses as desired in
MU-C designated areas. Between the previously approved, proposed and future uses, there will be a
mix of at least 3 different land use types; no residential uses were required with approval of the
concept plan as is typical in MU-C areas. The proposed use will serve the community and be easily
accessible by car and within walking and biking distance from nearby businesses and residential
developments as desired in MU-C areas.
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 4
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (staff analysis in italics):
“Require landscape street buffers for new development along all entryway corridors.”
(2.01.02E)
A minimum 35-foot wide landscape buffer is required along W. Chinden Boulevard, an
entryway corridor, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers
along Streets. The buffer is to be installed with the Chinden and Linder Crossing subdivision
improvements.
“Plan for and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings.” (2.01.01C)
The proposed restaurant and possible retail uses will be located within walking distance of
several nearby residential neighborhoods and future adjacent businesses.
“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)
With approval of the Chinden and Linder Crossing Subdivision, a backage road (W. Island
Green Drive) was approved that connects the residential subdivision to the west and this
development to Linder Road; a right-in/right-out access provides access via Chinden
Boulevard.
“Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
A 10-foot wide street buffer is required along W. Island Green Drive, a local street, per UDC
Table 11-2B-3 and should be landscaped in accord with the standards listed in UDC 11-3B-
7C. Parking lot and perimeter landscaping is required with the development of the 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 lot and will be landscaped in accord with the
standards listed in UDC 11-3B-8C.
“Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas.” (3.06.01B)
The proposed drive-through is located on the back side of the building adjacent to the street
buffer along Chinden Boulevard which should minimize noise, odor, air and visual pollution
to adjacent residential properties to the north.
“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 and possible retail uses will contribute to the
variety of services available in the northern 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.
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 5
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-C zoning district. The proposed restaurant (and retail) is
a principal permitted use in the C-C zoning district; a drive-thru establishment requires
conditional use permit approval when located within 300 feet of a residence, residential use, or
another drive-through establishment.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C
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 a restaurant on 0.67 of an acre of land in the C-C zoning district. A CUP is
required per UDC 11-4-3-11 and the development agreement because the proposed drive-through
is within 300 feet of another drive-through establishment to the west (recently approved Carl’s
Jr.), and a residential district and residential uses to the north.
Site Plan: The applicant has submitted two alternatives for a site plan, included in Exhibits A.2
and A.3.
The plan in Exhibit A.2 depicts a 5,820 square foot (s.f.) multi-tenant building with a 3,180 s.f.
restaurant with a drive-through at the rear of the east tenant space and two (2) 1,320 s.f. retail
tenant spaces; parking is proposed on the north and west sides of the building; and a patio area is
proposed around the building.
The plan in Exhibit A.3 depicts a 3,200 s.f. single tenant building for a restaurant with a drive-
through; parking is only proposed on the north side of the building and the drive-through window
is located at the center of the rear of the building; a patio area is proposed around the building.
The owners are in negotiations with a restaurant chain that may want the entire building;
therefore, the applicant is proposing this plan as an alternative.
Access: Access is proposed via W. Island Green Drive, a local street; direct access via W.
Chinden Blvd. is prohibited. A cross-access easement exists for all lots within this subdivision as
noted on the final plat (Inst. #2015-071585).
Parking: Based on the overall square footage of the building (5,820 s.f.), a minimum of 11
vehicle parking spaces are required to be provided on the site per the standards listed in UDC 11-
3C-6B. A total of 54 spaces are proposed, including 4 handicap spaces, which exceeds the
minimum UDC standards.
Based on the number of vehicle parking stalls (54), a bicycle rack capable of holding a minimum
of 3 bicycles is required to be provided per UDC 11-3C-6G; a bike rack is proposed on the east
side of the building. Bicycle parking facilities should be located as close as possible to the
building entrance(s) and shall not obstruct pedestrian walkways or building entrances. A
detail of the bicycle rack should be submitted with the Certificate of Zoning Compliance
application that complies with the standards listed in UDC 11-3C-5C.
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 6
Landscaping: A minimum 10-foot wide landscaped street buffer is required to be installed along
W. Island Green Drive, a local street; and a minimum 35-foot wide landscaped street buffer is
required to be installed along W. Chinden Blvd/SH-20/26 in accord with the standards listed in
UDC 11-3B-7C with the improvements for Chinden and Linder Crossing subdivision.
This property does not share a contiguous lot line with a residential use; however, because
there are residential uses across the street to the north, staff recommends additional trees
are added to the street buffer along W. Island Green Drive to assist in screening the
commercial uses from the residential properties in accord with the standards listed in UDC
11-3B-9C.1; this is also consistent with the landscaping proposed on the lots to the west.
Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. No
linear grouping of parking spaces may exceed 12 spaces in a row without an internal planter
island. Two rows of parking depicted on the site plan in Exhibit A.2 exceed 12 spaces
without a planter island; a planter island should be added in these rows as required. Planter
islands are also required at the ends of all rows of parking; include a planter island with
landscaping in accord with UDC standards at the end of the row of parking that abuts the
trash enclosure.
The perimeter buffers along the east and west boundaries of the site are required to be a
minimum of 5 feet in width and be landscaped in accord with the standards listed in UDC
11-3B-8C.1; a 2 ½’ buffer is depicted on the site plans. The plans should be revised
accordingly.
Trash Enclosure: A dumpster/trash enclosure is proposed at the west side of the site at the end
of a row of parking. The applicant should submit a detail of the enclosure to Bob Olson, Republic
Services, for approval of the location and design of the enclosure. A copy of the approved detail
of the trash enclosure shall be submitted with the Certificate of Zoning Compliance/Design
Review application.
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. The menu board is depicted on the site plan; all of the
aforementioned 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 driveways, drive
aisles, and the public right-of-way by patrons. The stacking lane depicted on both site
plans appears to have sufficient capacity to prevent obstruction of the public right-of-
way, driveways and interior drive aisles.
The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking, except stacking lanes may provide access to designated employee parking.
The first 135’+/- of the stacking lane shown on the site plan in Exhibit A.2 is a separate
lane from the circulation lanes needed for access and parking; this area has capacity for
approximately 7 vehicles (at 19’ each) to stack which staff feels is adequate. The
driveway beyond that point can accommodate more vehicles if necessary, however, this
area also serves as an access to the parking spaces on the west side of the building,
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 7
which may hinder turning movements for vehicles entering or exiting the parking spaces.
Staff feels the provision of a stacking lane for more than 7 vehicles is not necessary;
however, if the Commission disagrees, they may wish to eliminate the parking on the west
side of the building or designate the spaces for employee parking only.
The site plan in Exhibit A.3 does not show parking on the west side of the building;
therefore, the entire stacking lane is separate from the circulation lane needed for access
and parking.
The stacking lane shall not be located within ten feet (10’) of any residential district or
existing residence. The stacking lanes shown on both site plans are not located within 10
feet of any residential district or existing residence.
Any stacking lane greater than one hundred feet (100’) in length shall provide for an
escape lane. An escape lane is depicted on both of the site plans.
The site should be designed so that the drive-through is visible from a public street for
surveillance purposes. The drive-through is adjacent to and visible from W. Chinden
Blvd./SH-20/26.
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 10:00 am to 10:00 pm 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 W. Island Green Drive 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 by UDC 11-3A-19A.4.
Pathways: A 10-foot wide multi-use pathway within a public use easement is required to be
constructed within the street buffer along W. Chinden Blvd./SH-20/26 in accord with UDC 11-
3H-4C.4 with the improvements for Chinden and Linder Crossing subdivision. All subdivision
improvements must be completed prior to the issuance of the final certificate of occupancy for the
building.
The development agreement (DA) requires a 5-foot wide pedestrian walkway to be extended
on each side of the central access from W. Island Green Drive to the front entrances of the
future buildings on the subject lot (Lot 6) and Lot 5, Block 2. There is a typographical error
in the DA (provision #5.1.1) that references Block 1; the requirement is for Block 2. The site
plan should be revised to include a pedestrian walkway along the east side of the property
as required.
A 5-foot wide pathway connection is proposed from the multi-use pathway along Chinden to the
sidewalk around the building in accord with UDC 11-3A-19A.4.
Building Elevations: Building elevations were submitted for the proposed structure as shown in
Exhibit A.5. Building materials consist primarily of stucco/EIFS with stone veneer and thin brick
accents with metal awnings and parapet caps. Final design should substantially comply with the
proposed elevations and 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.
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 8
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: 4/8/16)
3. Alternate Site Plan (dated: 4/8/16)
4. Landscape Plan (dated: 4/8/16) (for site plan in Exhibit A.2)
5. Building Elevations (dated: 4/8/16)
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
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 9
Exhibit A.1: Vicinity Map
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LINDER &
CHINDEN
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 10
Exhibit A.2: Site Plan (dated: 4/8/16)
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 11
Exhibit A.3: Alternate Site Plan (dated: 4/8/16)
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 12
Exhibit A.4: Landscape Plan (dated: 4/8/16) (for site plan in Exhibit A.2)
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 13
Exhibit A.5: Building Elevations (dated: 4/8/16)
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 14
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site (AZ-
06-005; RZ-11-006; MDA-14-008 (Inst. #2014-088001); PP-14-011; FP-14-041).
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 4/8/16 shall be revised as follows (as
applicable):
a. The bike rack shall be located as close as possible to the building entrance(s) and shall not
obstruct pedestrian walkways or building entrances. A detail of the bicycle rack shall be
submitted with the Certificate of Zoning Compliance application that complies with the standards
listed in UDC 11-3C-5C.
b. Depict all items required in UDC 11-4-3-11B on the site plan (i.e. stacking lane, menu and
speaker location, and window location).
c. No linear grouping of parking spaces may exceed 12 in a row without an internal planter
island per UDC 11-3B-8C.2; revise the plan in Exhibit A.2 accordingly.
d. Add a landscaped planter island at the end of the row of parking that abuts the trash
enclosure, in accord with the standards listed in UDC 11-3B-8C.2.
e. The perimeter buffers along the east and west boundaries of the site are required to be a
minimum of 5 feet in width and be landscaped in accord with the standards listed in UDC 11-3B-
8C.1.
f. Additional trees are required within the street buffer along W. Island Green Drive to assist in
screening the commercial uses from the residential properties to the north in accord with the
standards listed in UDC 11-3B-9C.1.
g. Depict a 5-foot wide pedestrian walkway along the east side of the site along the central
access from W. Island Green Drive to the front entrance of the buildings per requirement of the
development agreement.
1.4 A detail of the trash enclosure shall be submitted with the Certificate of Zoning
Compliance/Design Review application. The location and detail of the enclosure should be
approved by Bob Olson, Republic Services.
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 All improvements associated with Chinden and Linder Crossing subdivision, including but
not limited to, landscaped street buffers along W. Chinden Blvd. and W. Island Green
Drive, a 10-foot multi-use pathway along Chinden, street lights, and the construction of the
“Welcome to Meridian” sign must be completed prior to issuance of a final Certificate of
Occupancy.
1.7 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.
1.8 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
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 15
layout and structures are required to comply with the design standards listed in UDC 11-3A-19
and the Architectural Standards Manual.
1.9 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.10 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.
1.11 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 comments on this application.
3. FIRE DEPARTMENT
3.1 The Fire Department had no comments on this application.
4. POLICE DEPARTMENT
4.1 The Police Department had no comments on this application.
5. REPUBLIC SERVICES
5.1 The applicant shall coordinate with Bob Olson, Republic Services, on the design of the trash
enclosure.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
Comments have not yet been received from ACHD on this project.
EXHIBIT A
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 16
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-C district as required by the
UDC (see Analysis Section IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of MU-C 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-C 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
Chinden and Linder Crossing – CUP H-2016-0046 PAGE 8
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
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.