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2016 06-02Meridian Planning and Zoning Commission Meeting Agenda – Thursday, June 02, 2016 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, June 02, 2016 at 6:00 p.m. 1. Roll-call Attendance __O__ Patrick Oliver __O__ Rhonda McCarvel __X__ Gregory Wilson ___X__Ryan Fitzgerald ___X___ Steven Yearsley - Chairman 2. Adoption of the Agenda Approved 3. Consent Agenda Approved A. Approve Minutes of May 19, 2016 Planning and Zoning Commission Meeting B. Findings of Fact and Conclusions of Law for Approval for Chinden and Linder Crossing - Retail Shell (H-2016-0046) by Nate Hosac Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Conditional Use Permit Approval for a Drive-Thru Establishment in a C-C Zoning District Within 300 Feet of Another Drive -Thru Facility and Existing Residences C. Findings of Fact and Conclusions of Law for Approval for Sonic (H-2016-0045) by White-Leasure Development Company Located 1535 Celebration Avenue Request: Conditional Use Permit for a Drive-Thru Establishment on 0.84 of an Acre in a C-G Zoning District 4. Action Items A. Public Hearing for Starbucks Meridian Road (H-2016-0051) by Verdad Real Estate Located 1870 S. Meridian Road Approved – Prepare Findings of Fact and Conclusions of Law 1. Request: Conditional Use Permit for a Drive-Thru Establishment Within 300 Feet of a Residential Use and Another Drive-Thru on 0.80 of an Acre in a C-G Zoning District Meeting Adjourned at 6:15 p.m. MERIDIAN PLANNING AND ZONING COMMISSION MEETING AGENDA Meridian Planning and Zoning Meeting June 2, 2016 Meeting of the Meridian Planning and Zoning Commission of June 2, 2016, was called to order at 6:00 p.m. by Chairman Steven Yearsley. Present: Chairman Steven Yearsley, Commissioner Gregory Wilson and Commissioner Ryan Fitzgerald. Members Absent: Commissioner Rhonda McCarvel and Commissioner Patrick Oliver, Others Present: Machelle Hill, Andrea Pogue, Caleb Hood, Josh Beach and Dean Willis. Item 1: Roll-Call Attendance: Roll-call __X___ Gregory Wilson __X__ Patrick Oliver __X__ Rhonda McCarvel __X__ Ryan Fitzgerald __X__ Steven Yearsley - Chairman Yeasley: Good evening, ladies and gentlemen. At this time we would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission for the hearing date of June 2nd, 2016, and let's begin with roll call. Item 2: Adoption of the Agenda Yearsley: Thank you. First item on the agenda is the adoption of the agenda. I have no changes to the agenda, so with that I would entertain a motion . Fitzgerald: Mr. Chair? Yearsley: Commissioner Fitzgerald. Fitzgerald: I would move for adoption of the agenda as printed. Wilson: Second. Yearsley: I have a motion and a second for the adoption of the agenda as printed. All in favor say aye. Opposed? Motion carries. Thank you. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 3: Consent Agenda Meridian Planning & Zoning June 2, 2016 Page 2 of 8 A. Approve Minutes of May 19, 2016 Planning and Zoning Commission Meeting B. Findings of Fact and Conclusions of Law for Approval for Chinden and Linder Crossing - Retail Shell (H-2016- 0046) by Nate Hosac Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Conditional Use Permit Approval for a Drive-Thru Establishment in a C-C Zoning District Within 300 Feet of Another Drive-Thru Facility and Existing Residences C. Findings of Fact and Conclusions of Law for Approval for Sonic (H-2016-0045) by White-Leasure Development Company Located 1535 Celebration Avenue Request: Conditional Use Permit for a Drive-Thru Establishment on 0.84 of an Acre in a C-G Zoning District Yearsley: Next item on the agenda is the Consent Agenda and we have three items on that agenda today. The first one is to approve the minutes of the May 19th, 2016, Planning and Zoning Commission meeting. The Findings of Fact and Conclusion of Law for the approval of the Chinden and Linder Crossing Retail Shell, file number H-2016-0046. And the Findings of Fact and Conclusions of Law for approval of Sonic, file number H-2016-0045. Can I get a motion to approve the Consent Agenda if there are no changes? Wilson: Mr. Chair? Yearsley: Commissioner Wilson. Wilson: I move we approve the Consent Agenda. Fitzgerald: Second. Yeasley: I have a motion and a second to approve the Consent Agenda . All in favor say aye. Opposed? Motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Yearsley: Before we go onto the next item I kind of want to explain how this process will go today. We will open each item one at a time. The staff -- we will start off with the staff. They will present their findings regarding how the items adhere to our Comprehensive Plan and Uniform Development Code with staff recommendations. After the staff has completed their presentation the applicant will come forward to present their case for approval, their application, and respond to any staff comments. The applicant will have up to 15 minutes to do so. After the -- after that we will open it up to the public for public testimony. Meridian Planning & Zoning June 2, 2016 Page 3 of 8 Anybody wishing to testify -- there is a sign-up sheet in back -- will be given three minutes. If they are speaking for a larger group, like an HOA, they will be given up to ten minutes. After the audience has had a chance to testify we will invite the applicant to come back up and to respond to any comments and they will be given up to ten minutes to do so and, then, at that time we will close the public hearing and -- as the Commission and have an opportunity to discuss and deliberate and hopefully make a recommendation or approve on this item. Item 4: Action Items A. Public Hearing for Starbucks Meridian Road (H-2016- 0051) by Verdad Real Estate Located 1870 S. Meridian Road 1. Request: Conditional Use Permit for a Drive-Thru Establishment Within 300 Feet of a Residential Use and Another Drive-Thru on 0.80 of an Acre in a C-G Zoning District Yearsley: And so with that I would like to open up file number H-2016-0051, the Starbucks in Meridian and let's begin with the staff report. Beach: Good evening, chair, commissioners. This is, as you said, a conditional use permit application for a Starbucks restaurant. The reasoning for the conditional use permit is they are within 300 feet of a residential neighborhood, as well as another drive-thru, which requires a conditional use permit application. So, the site consists of .80 of an acre of land. It's currently zoned C-G and is located at 1870 South Meridian Road. To the north is commercial property zoned C-G. To the east is also commercial property, which is a recently approved auto repair business currently being constructed. Also zoned C-G. To the south is a dental office zoned C-G. And to the west is South Meridian Road and single family homes in the Elk Run Subdivision, which is zoned R-8. The subject property was granted preliminary plat approval in 2003 and final plat approval for Southern Springs Subdivision No. 2 was approved in 2005. The Comprehensive Plan future land use map designation for the property is commercial. The applicant has submitted an application for, as I said, a conditional use permit for a 2,200 square foot restaurant with a drive-thru for Starbucks, located in a C-G zoning district. The hours of operation are expected to be from 6:00 a.m. to 10:00 p.m. As I said, a conditional use permit is required per the UDC because the proposed drive-thru is located within 300 feet of an existing residential use. Running Brook -- Running Brook Estates to the east, as well as a drive-thru cleaners to the north. Access is proposed from the shared driveway for the commercial development via South Meridian Road. Direct lot access is prohibited via South Meridian Road. There is a 35 foot wide landscape buffer that currently exists along South Meridian Road, which is an arterial street, that was installed with the Southern Springs Subdivision No. 2. All existing Meridian Planning & Zoning June 2, 2016 Page 4 of 8 landscaping is required to be protected during construction. Parking lot landscaping is required to comply with the standards listed in UDC. In discussions with the applicant there are a couple of areas on the site plan that need to be improved slightly, but that's something we can get with a certificate of zoning compliance definitely, as well as there are some specific use standards required for drive-thru establishments and the proposed site plan meets those requirements. Building elevations were submitted for the proposed structure shown here. Primary building materials consist of stucco, six inch fiber cement board, a glass store front, brick veneer and metal awnings. Because the site is located on an entryway corridor staff believes additional design elements shoul d be incorporated into the overall building design to insure compliance with the architectural standards manual and as you see in the staff report staff has indicated a number of areas with the architecture could be beefed up and the applicant has acknowledged seeing that as well and those are things that we can get through with the certificate of zoning compliance as well. Final design should substantially comply with the conditions of approval. And be consistent with the design standards listed in UDC and the architectural standards manual. Did not receive any written testimony on this application and staff is recommending approval of the application with the conditions in the staff report. I will stand for any questions you have on the application. Yearsley: Thank you. Are there any questions? With that would the applicant like to come forward. Boomer: I would. My name is Terry Boomer. I'm with Civil Consulting Engineers in Atlanta, Georgia. I have been working with Josh now probably on this project for about five months. We had another project in -- in play and this is the site that Starbucks selected based on location, visibility, and traffic. It's a good site. It's a small site, although it's .8 acres, the usable acreage is just under .6, because the property lines go to the center of the roadway. So, we were kind of hindered in our design and when you're putting a 2,200 square foot box on and there is -- and a .6 acre site, there is not a lot of give and take. We acknowledge the staff write up and the comments and we have no objection to that. I'm here with Michael Sagline with Verdad Vertical that can answer any operational issues or -- I don't want to give away the bank. If I promise that I will do everything that they say, I want to make sure that he confirms that. But I didn't see anything in the staff report that was objectionable. We have got good circular flow and the subdivision that the lot has been vacant for quite some time and I think we got a good user and a good economic use for -- for the parcel. Yearsley: Thank you. Are there any questions? Fitzgerald: Mr. Chairman? Yearsley: Commissioner Fitzgerald. Meridian Planning & Zoning June 2, 2016 Page 5 of 8 Fitzgerald: Sir, where is the -- on the drive-thru aisle -- I know you have an escape route to get out. Is there a -- where is the squawk box on the -- Boomer: If you will look in the very -- Fitzgerald: It is right there? Boomer: -- portion of the -- correct. Fitzgerald: Okay. Boomer: Yeah. Fitzgerald: Just wanted to make sure. Okay. Thank you. Boomer: Yeah. Yearsley: Any other questions? With that -- thank you very much. Boomer: Thank you. Appreciate you hearing our case. Yearsley: So, I have two people signed up. Is it Terry Boomer -- you're already there. And, then, Michael -- so with that is there anybody else that would wish to testify on this application? Please come forward. If you would, please, state your name and address for the record. Jardine: My name is Barry Jardine and I'm the owner of the dental office right next to this lot and my concern was just -- I didn't know if I could get a copy of that plat to look at the parking, because that's our issue. A few years ago there was, you know, talk about trying to put a Sonic in there and they had allocated four parking spots for the whole restaurant, which all the parking would have overflowed into the dental office and the orthodontist office that was there and so that's just my concern is -- was to be able to look at that a little bit closer to see what the parking allocation for the Starbuck is, so that we are not having constant overflow into the dental and orthodontist parking. Yearsley: Really quickly, Josh. How many parking spaces are provided? Beach: Based on the size there is 19, including two handicap accessible spaces. Yearsley: Okay. So, there are 19 spaces. Jardine: And that 19 spaces includes staff parking, as well as patron parking? Beach: Correct. They would have to. So, our code requires that pretty minimal parking actually. Commercial requires one for every 500 square feet. So, you're Meridian Planning & Zoning June 2, 2016 Page 6 of 8 right, in this case they would only be required about five parking spaces. They have included, you know, quite a bit more based on -- based on their need, but it definitely exceeds the requirement of the code. Jardine: Okay. I was just hoping if I could maybe -- I don't know. I need to talk to -- Beach: Yeah. Sure. Jardine: -- get a site plan of that? Beach: Yeah. Yearsley: Okay. Jardine: Thank you. Yearsley: Thank you. Is there anybody else wishing to testify? I guess with that would the applicant like to come back and -- and respond or at least verify that you have adequate parking. Boomer: Sure. Well, you know, hopefully -- Yearsley: Into the mike, please, so -- Boomer: Hopefully, every business is so successful that we are overparked, but in this one we feel that this is not a destination, so much as a drive by and that we are not going to get to the -- the traffic in the same time frame that he is open for his business and the majority of the traffic is in the morning. They're going to drive by, they are going to get their coffee, go through the drive-thru and get on down the road to work hopefully. I do have a plan that I would like to give you and we will -- as we work with our neighborhood meeting together we will work through -- through whatever concerns he has as well. Yearsley: Okay. Thank you. Are there any last questions? No. Thank you. Boomer: Thank you. Yearsley: W ith that can I get a motion to close the public hearing on file number H-2016-0051? Wilson: Mr. Chair? Yeasley: Commissioner Wilson. Wilson: I move we close the public hearing. Meridian Planning & Zoning June 2, 2016 Page 7 of 8 Fitzgerald: Second. Yearsley: I have a motion and a second to close the public hearing. All in favor say aye. Opposed? Motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Yearsley: Any comments or thoughts? Fitzgerald: Mr. Chairman? Yeasley: Commissioner Fitzgerald. Fitzgerld: No, I think it -- I mean I think the -- it fits where it's going. I think the escape route that they have is good to let people get out if they need to. I appreciate the applicant's efforts to work with the neighbors on the parking issue. I know that's a big deal. But I think it -- it's a good fit and I think it will be -- it will do well in the traffic pattern that it's in. So, I think it looks great and I think -- as Josh said, the zoning compliance issues will take care of the architectural outside look, but Starbucks always does a nice job of putting together a nice product. So, I'm in favor. Yearsley: Thank you. Wilson: I agree, Mr. Chair. I think it looks good and I will be supporting it also. Yearsley: Thank you. No, I think it looks good as well. I appreciate the applicant and the work that they have done and staff and so -- so with that I would entertain a motion. Fitzgerald: Mr. Chairman? Yearsley: Commissioner Fitzgerald. Fitzgerald: After considering all staff, applicant, and public testimony, I move to approve file number H-2016-0051 as presented in the staff report for the hearing date of June 2nd, 2016. Wilson: Second. Yearsley: I have a motion and a second to approve file number H-2016-0051. All in favor say aye. Opposed? Motion carries. Congratulations. MOTION CARRIED: THREE AYES. TWO ABSENT. CITY 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 ÚÚd 1685 6639 6751 1700 6551 6629 1691 1701 1900 6687 1895 1697 6598 1748 6735 6710 1660 6750 1729 1617 2230 1653 1840 1767 2240 1805 6233 1865 2270 6183 2280 2300 1790 1814 6070 1622 1842 6168 1874 1896 1965 2042 19372054 2049 1954 2056 1997 2069 1922 1909 1887 1856 2206 19 7 4 2020 2040 2283 6343 2144 2200 2209 1758 2159 2133 2305 6048 2068 2004 6097 6081 1875 1852 2067 2180 22 2 8 2011 1928 22 9 4 1976 2226 1885 2248 1861 23042336 18401948 2292 23 3 8 2378 2020 2327 2195 2303 2185 21462198 2167 2135 6142 6342 6288 6636 2066 2195 2210 2542 6170 6216 6462 6252 2622 2148 2250 2250 6694 2051 2042 2171 2020 2031 2001 6851 2029 1793 1741 1707 6241 1757 1853 1773 2099 1640 2083 1688 1999 6150 1961 1878 2089 19 8 6 2031 22 7 2 2316 1946 23 6 0 2078 1850 2174 2076 20 9 2 21 5 8 2250 2160 22822362 2148 22372339 2172 2239 22522326 1675 1664 1616 1988 1802 20222040 2051 1849 2020 1831 2096 2031 18962017 20 1 0 1935 1859 20 2 4 2365 2100 2285 2224 2263 2276 2261 2352 22172349 25 5 6 6156 6306 2310 2286 6194 2218 6195 2125 6578 6800 2075 2025 6234 6270 6520 2264 2102 2241 6725 6175 North Slou g h Si m p s o n L a t e r a l Simpson Lateral Si m p s o n L a t e r a l C-NL-O C-C C-G R-8 RUT RUT R-4 W Chinden Blvd N L i n d e r R d N L o n g L a k e W a y N Penncross Way W Boulder Bar Dr W Sh e e p Hill C t N D r y La k e L n W R a t t l e s n a k e D r WRattl e s n a k e C t N G e r t i e P l N M o o s e C r e e k W a y W T h r e e L a k e s C t N Long Lak e W a y WBrandtLn W Everest Ln W Grand Teton D r W Island Green Dr N B a r n e y L n N S p u r w i n g L n HASTINGS LOCHSA FALLS NO 11 SILVERLEAF NO 02 KNIGHT SKY ESTATES SILVERLEAF NO 04 KNIGHTHILL SUBDIVISION SCHOOL WILLOW CREEK ELEMENTARY LOCHSA FALLS NO 12 GOLF COURSE SPURWING SCHOOL CHALLENGER THE CLUB AT SPURWING SPURWING CHALLENGE 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. CITY 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. Pl a n n i n g & Z o n i n g Co m m i s s i o n M e e t i n g Ju n e 2 , 2 0 1 6 It e m # 4 A : S t a r b u c k s Vi c i n i t y M a p Si t e P l a n La n d s c a p e P l a n El e v a t i o n s