Starbucks Meridian CUP H-2016-0051CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0051
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for the Conditional Use Permit for a Drive-Through Establishment
within Three Hundred Feet (300’) of a another drive-through and within Three Hundred Feet of a
Residential Use, Located at 1870 S. Meridian Road, by Verdad Real Estate.
Case No(s). H-2016-0051
For the Planning & Zoning Commission Hearing Dates of: June 2, 2016 (Findings on June 23, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 2, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 2, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 2, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 2, 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-2016-0051
Page 2
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 2, 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 June 2, 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 June 2, 2016
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 1
STAFF REPORT
Hearing Date: June 2, 2016
TO: Planning & Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: Starbucks – CUP (H-2016-0051)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Verdad Real Estate, has applied for a conditional use permit (CUP) for a drive-through
establishment for a restaurant on 0.80 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, 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 June 2, 2016. At the public
hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Terry Boomer
ii. In opposition: None
iii. Commenting: Barry Jardine
iv. Written testimony: None
v. Staff presenting application: Josh Beach
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-
0051 as presented in the staff report for the hearing date of June 2, 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 23, 2016.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0051
as presented during the hearing on June 2, 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
Starbucks – CUP H-2016-0051 PAGE 2
Continuance
I move to continue File Number H-2016-0051 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1870 S. Meridian Road, in the SW ¼ of Section 19, Township 3N., Range
1E. (Parcel # R8048380060)
B. Owner(s):
Southern Springs Development Inc.
1412 W. Idaho Street
Boise, ID 83702
C. Applicant:
Verdad Real Estate
1211 S. White Chapel Blvd.
Southlake, TX 76092
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 16 and 30, 2016
C. Radius notices mailed to properties within 300 feet on: May 12, 2016
D. Applicant posted notice on site by: May 19, 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: Undeveloped commercial property, zoned C-G
East: Commercial property (Recently approved auto repair business currently being constructed),
zoned C-G
South: Dental office, zoned C-G
West: S. Meridian Road and Single-family homes in the Elk Run Subdivision, zoned R-8.
C. History of Previous Actions:
1. The subject property granted preliminary plat approval in 2003 (PP-03-016).
2. The final plat (FP-04-082) for Southern Springs Subdivision No. 2 was approved in 2005.
D. Utilities:
1. Public Works:
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 3
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 “Commercial” on the Comprehensive Plan Future Land
Use Map. Per the Comprehensive Plan (page 105), commercial designated areas, “will provide a full
range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as
government offices. Within this land use category, specific zones may be created to focus commercial
activities unique to their locations. These zones may include neighborhood commercial uses focusing
on specialized service for residential areas adjacent to that zone.”
The proposed restaurant with a drive through will provide a service to area residents and visitors
consistent with the Commercial designation for this site.
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 all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
In addition to the required street buffer landscaping, the applicant is responsible for
installing parking lot landscaping in accord with the standards listed in UDC 11-3B-8. Staff
has reviewed the submitted landscape plan and finds it substantially complies with the
aforementioned requirements.
“Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection.” (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
“Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
Staff believes the proposed restaurant with a drive-through will contribute to the variety of
commercial opportunities available within the City and the immediate area.
“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)
A blanket cross-access/ingress-egress easement is depicted on the Southern Springs No. 2
plat for all lots in the subdivision. Direct lot access to Meridian Road was prohibited with
Southern Springs Subdivision No. 2.
“Require landscape street buffers for new development along all entryway corridors.”
(2.01.02E)
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 4
A landscape buffer exists along S. Meridian Road/SH 69, an arterial street, as required by
UDC Table 11-2B-3. It must remain protected during construction on the site.
“Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.”
Planter islands are proposed in the parking area and will be landscaped in accord with the
standards listed in UDC 11-3B-8C; street buffer landscaping exists along S. Meridian Road
(SH-69) and is required along the drive aisles to the north, east and south of the subject
property in accord with the standards listed in UDC 11-3B-7C.
“Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas.” (3.06.01B)
The proposed drive-through will not have speakers that will add to noise pollution in the
area; however the residential districts are a distance of approximately 185 feet to the east
and 150 feet to the west. This distance, in addition to the landscaping should help to mitigate
any excessive noise. Air pollution will be a factor with cars idling in the drive-through;
however, it shouldn’t be excessive. Visual pollution will be mitigated with landscaping on the
site.
For the above-stated reasons, staff believes the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the C-G zoning district. A restaurant is a principal permitted
use in the C-G zoning district; a drive-thru establishment requires conditional use permit approval
when located within 300 feet of a residence, residential use, or another drive-thru establishment
subject to the specific use standards set forth in UDC 11-4-3-11.
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 Starbucks in a C-G zoning district. The hours of operation are expected to be
from 6:00 am to 10:00 pm. A CUP is also required per UDC Table 11-2B-2, because the
proposed drive-through is located within 300 feet of an existing residential use (Running Brook
Estates).
Site Plan: The site plan in Exhibit A.2 depicts a 2,200 square foot (s.f.) restaurant with a drive-
through on the north and east sides of the building; parking is proposed on the south side of the
building; and a patio area is proposed on the west side of the building. The proposed site plan
complies with most of the dimensional standards of the UDC however; the planter island on
the west side of the entrance into the drive-through lane does not meet UDC standards. This
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 5
planter island must be a minimum of 5 feet wide, measure from inside of curb to inside of
curb. With the submittal of the certificate of zoning compliance application, the site plan
should be revised to meet this standard.
Landscape Plan: A 35-foot wide landscaped street buffer exists along S. Meridian Road, an
arterial street that was installed with Southern Springs Subdivision No. 2; all existing landscaping
is required to be protected during construction in accord with UDC 11-3B-10C.
Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. In
reviewing the submitted plan, there are two (2) planter islands that do not meet the
aforementioned standards. Further, a revised site plan was submitted after the application
was transmitted for the public hearing therefore; the two (2) submitted plans do not match.
With the submittal of the certificate of zoning compliance and design review application,
the applicant should revise the landscape plan as follows:
1) the landscape plan should be revised in the same configuration as the site plan in Exhibit
A.2;
2) the planter island located on the west side of the entrance into the drive-through lane
should be a minimum of 5 feet wide, measure from inside of curb to inside of curb and
include one (1) 2-inch caliper deciduous tree; and
3) the planter island located on the east side of the trash enclosure should be planted with
one (1) 2-inch caliper deciduous tree.
Access: Access is proposed from a shared driveway for the commercial development via S.
Meridian Road. Direct lot access is prohibited via S. Meridian Road (SH-69).
Parking: Based on the overall square footage of the building (2,200 s.f.), a minimum of 5 vehicle
parking spaces are required to be provided on the site per the standards listed in UDC 11-3C-6B.
A total of 19 spaces are proposed, including 2 handicap spaces, which exceeds the minimum
UDC standards.
Based on the number of vehicle parking stalls (19), a bicycle rack capable of holding a minimum
of 1 bicycle is required to be provided per UDC 11-3C-6G; a bike rack is proposed on the south
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.
Trash Enclosure: A dumpster/trash enclosure is proposed at the south side of the site. 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, stacking lane, speaker location and window location are depicted on the
site plan.
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 6
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 the site plan 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. Staff feels the
provision of a stacking lane for more than 7 vehicles is not necessary.
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 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 adjacent to the private drive and visible from S. Meridian Road.
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 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 detached sidewalk exists along S. Meridian Road (SH-69). This
sidewalk was installed with the approval of Southern Springs Subdivision No. 2. Currently, the
UDC requires a 10-foot multi-use pathway to be constructed adjacent to S, Meridian Road. Since
the pedestrian facility was constructed in accord with the standards at the time of the subdivision
approval, Staff is not recommending that the existing sidewalk meet current standards and may
remain with the development of the proposed commercial development.
A 5-foot wide pedestrian walkway is required from the perimeter sidewalk to the main building
entrance per UDC 11-3A-19A.4. The site plan depicts a 5-foot wide sidewalk. The sidewalk
should be distinguished from the vehicular driving surface through the use of pavers, colored or
scored concrete or bricks as proposed.
Mechanical Equipment: All outdoor service equipment is required to be incorporated into the
overall design of buildings and landscaping so that the visual and acoustic impacts of these
functions are fully contained and out of view from adjacent properties and public streets.
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 7
Building Elevations: Building elevations were submitted for the proposed structure as shown in
Exhibit A.4. Primary building materials consist of stucco, 6-inch fiber cement board, glass
storefront, brick veneer and metal awnings. Because this site is located on an entryway corridor,
staff believes addition design elements should be incorporated into the overall building design to
ensure compliance with the Architectural Standards Manual (ASM). The elevations should be
revised as follows:
1) the orientation of the elevations (north and south elevations are facing west and east and vice
versa) are labeled incorrectly on sheet A2.2, revise accordingly;
2) the parapet on the north elevation (labeled incorrectly as the east elevation) should include the
brick veneer on the entire parapet as shown on the south elevation (currently labeled as the west
elevation);
3) The roofline should provide more articulation; a cornice should be incorporated along the roof
on all four facades, excluding the parapets; and
4) metal awnings should be installed over the two (2) windows on the south elevation (currently
labeled as the west elevation).
The elevations should be revised prior to the Commission hearing.
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.
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: 5/11/16)
3. Landscape Plan (dated: 4/29/16)
4. Building Elevations (dated: 4/27/16)
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
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 8
7. Parks Department
C. Required Findings from Unified Development Code
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 9
Exhibit A.1: Vicinity Map
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 10
Exhibit A.2: Site Plan (dated: 5/11/16)
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 11
Exhibit A.3: Landscape Plan (dated: 4/29/16)
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 12
Exhibit A.5: Building Elevations (dated: 4/27/16)
Exhibit A
Starbucks – CUP H-2016-0051 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 (PP-
03-016; FP-04-082).
1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11, Drive-
Through Establishment. The site plan submitted with the Certificate of Zoning Compliance
application shall demonstrate compliance with these standards and the conditions of approval.
1.3 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.
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 The site plan in Exhibit A.2 shall be revised as follows:
the planter island on the west side of the entrance into the drive-through lane must be a
minimum of 5 feet wide, measure from inside of curb to inside of curb.
1.6 The landscape plan in Exhibit A.3 shall be revised as follows:
the landscape plan shall be revised in the same configuration as the site plan in Exhibit
A.2;
the planter island located on the west side of the entrance into the drive-through lane
shall be a minimum of 5 feet wide, measure from inside of curb to inside of curb and
include one (1) 2-inch caliper deciduous tree; and
the planter island located on the east side of the trash enclosure shall be planted with
one (1) 2-inch caliper deciduous tree.
1.7 The building elevations in Exhibit A.4 shall be revised as follows:
the orientation of the elevations (north and south elevations are facing west and east and
vice versa) are labeled incorrectly on sheet A2.2, revise accordingly;
the parapet on the north elevation (labeled incorrectly as the east elevation) shall
include the brick veneer on the entire parapet as shown on the south elevation
(currently labeled as the west elevation);
a cornice shall be incorporated into all four facades, excluding the parapets; and
metal awnings shall be installed over the two (2) windows on the south elevation
(currently labeled as the west elevation).
The elevations shall be revised prior to the Commission hearing.
1.8 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.
1.9 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.
Exhibit A
Starbucks – CUP H-2016-0051 PAGE 14
1.10 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.11 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.
1.12 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.
1.13 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
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
Starbucks – CUP H-2016-0051 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 meet all of the dimensional and 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. Staff 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
Starbucks – CUP H-2016-0051 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.