Northpointe Retail CUP (H-2017-0074)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0074
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 (CUP) for a Drive-through
Establishment within 300 feet of Existing Residences on Approximately 1.67 Acres of Land in a C-
G Zoning District, by Slichter/Ugrin Architecture.
Case No(s). H-2017-0074
For the Planning and Zoning Commission Hearing Date of: June 22, 2017 (Findings on July 6,
2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 22, 2017, 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-2017-0074
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 June 22, 2017, 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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of June 22, 2017, 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 22, 2017
By action of the Planning & Zoning Commission at its regular meeting held on the day of
U , 2017.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED /fit
COMMISSIONER STEVEN YEARSLEY VOTED Xt!%'
COMMISSIONER GREGORY WILSON VOTED
COMMISSIONER TREG BERNT VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER JESSICA PERREAULT VOTED 7�
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Attest:
C. y ColesUjity Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By: Alt Dated:
City t lerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0074
Page 3
EXHIBIT A
Northpointe Retail Building Drive-through – H-2017-0074 PAGE 1
STAFF REPORT
Hearing Date: June 22, 2017
TO: Planning and Zoning Commission
FROM: Bill Parsons, Planning Supervisor
208-884-5533
SUBJECT: Northpointe Retail Building Drive-through – CUP (H-2017-0074)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Slichter/Ugrin Architecture, has applied for a conditional use permit (CUP) for a drive-
through establishment within 300 feet of existing residences on approximately 1.67 acres of land in a
C-G zoning district, as required by UDC 11-4-3-11. Additionally, the applicant is seeking alternative
compliance to deviate from the landscape standards in the Unified Development Code (UDC). See
Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the application subject to 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 22, 2017. At the public hearing, the
Commission voted to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Chad Slichter
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
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-2017-
0074 as presented in the staff report for the hearing date of June 22, 2017, 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 July 6, 2017.
Denial
After considering all staff, applicant and public testimony, I move to deny H-2017-0074 as presented
during the hearing on June 22, 2017, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number H-2017-0074 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
Northpointe Retail Building Drive-through – H-2017-0074 PAGE 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 1750 W. McMillan Road, in the southeast ¼ of Section 26,
Township 4 North, Range 1 West
B. Owner(s):
Blackhawk/Meridian LLC
P.O. Box 5372
Boise, ID 83705
C. Applicant:
Slichter/Ugrin Architecture
415 South 13th St.
Boise, ID 83702
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 and Zoning Commission on the conditional use permit and the Director is the decision
maker on the alternative compliance request, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: June 2, 2017
C. Radius notices mailed to properties within 300 feet on: May 25, 2017
D. Applicant posted notice on site by: June 12, 2017
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General
Retail and Service Commercial) zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant commercial property and single-family homes, zoned C-G and R-8
2. East: Vacant commercial property and CapEd Federal Credit Union, zoned C-G
3. South: McMillan Road, single-family homes and vacant office lots, zoned R-4 and L-O
4. West: Single-family homes, zoned R-8
C. History of Previous Actions:
• In 2003, the property received annexation (AZ-03-013), preliminary plat (PP-03-014) and
conditional use permit (CUP-03-028) as part of the Kelly Creek Subdivision. A
development agreement was required upon annexation of the property recorded as
instrument #103181095.
• In 2007, a final plat (FP-07-035) was approved for Northpointe Commercial Subdivision
(f.k.a. Kelly Creek Commercial) which includes the subject property as Lot 3, Block 1.
• In 2014, the property owner obtain approval of a development agreement modification
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Northpointe Retail Building Drive-through – H-2017-0074 PAGE 3
(MDA-14-005) that removed the requirement for detailed conditional use approval for all
uses on this property. The first addendum to the DA recorded as instrument #114036592.
D. Utilities:
1. Public Works:
a. Location of sewer: N/A
b. Location of water: N/A
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan, commercial designated areas 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 use of the property as a multi-tenant commercial building with a drive-through is
consistent with the uses desired in Commercial designated areas and therefore is consistent with the
Comprehensive Plan.
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)
Landscaping is required with development of the proposed use (CZC and DES) in accord
with the standards listed in UDC 11-3B.
• “Promote area beautification and community identity through building design, signs and
landscaping.” (2.01.04G)
The applicant is requesting alternative compliance to the McMillan Road street buffer
requirements due to an existing ACHD easement; the applicant is unable to provide the
required street trees. The applicant is proposing to plant additional trees in the landscape
buffer on the west boundary. While staff is amenable to the relocation of the trees elsewhere
on the site, Staff believes the applicant should be designed with a mix of planting materials
and boulders consistent with the development to the east.
• “Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
Water and sewer service is available to the site from Linder and McMillan Roads. The
extension of city utilities was reviewed and approved with the final plat.
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Northpointe Retail Building Drive-through – H-2017-0074 PAGE 4
• “Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties.” (3.06.01G)
The proposed commercial use abuts residences on the west boundary and currently 6-foot
solid fencing is constructed on the shared boundary. UDC Table 11-2B-3 also requires that
the applicant construct 25-foot wide landscape buffer along the west boundary and landscape
said buffer in accord with the standards set forth in UDC 11-3B-9C. The landscape plan
submitted with this application complies with the requirements of the UDC.
• “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 multi-tenant building is located within walking distance of the nearby
residential neighborhood.
• “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)
The access points for this development were approved and constructed with the Northpointe
Commercial Subdivision. Cross-access easements were recorded on the plat for access
between properties and to W. McMillan, N. Linder Roads and W. Apgar Creek Drive.
• “Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.”
Planter islands are proposed within the parking areas 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 existing residences the surround the proposed development, the most impacted are
those located along the west boundary. In an effort to minimize the impact to these
residences, the applicant is proposing to construct a dense buffer on the west boundary and is
proposing an additional 5-foot wide landscape buffer along the west side of the stacking lane
of the drive-through.
• “Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
The proposed multi-tenant building with a drive-through should contribute to the variety of
services available in the northern portion of the City.
For the above-stated reasons, staff is of the opinion that the proposed use will contribute to the variety of
services available to residents and visitors in the northern portion of the City and 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. Retail is a principal permitted use in
the C-G zoning district; a drive-thru establishment requires conditional use permit approval when
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Northpointe Retail Building Drive-through – H-2017-0074 PAGE 5
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.
D. Landscaping:
1. Street buffer landscaping: A 25-foot wide street buffer is required in accordance with the
standards listed in UDC Table 11-2B-3 for the C-G zoning district and must be installed in accord
with UDC 11-3B-7C. Due to an existing ACHD drainage easement across the front of this
parcel, the applicant is seeking alternative compliance because trees are not allowed to be placed
over the top of this facility.
2. Parking lot landscaping: All parking lot landscaping is required to comply with the standards
listed in UDC 11-3B-8C.
3. Landscape buffers to adjoining uses: A 25-foot wide landscape buffer is required to the
residential uses on the west boundary per UDC Table 11-2B-3 and must be installed in accord
with the standards listed in UDC 11-3B-9C.
E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual
(ASM).
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 in a C-G zoning district. The CUP is required because the proposed drive-through
is within 300 feet of an existing residential uses in accord with 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 12,000 square foot (s.f.) multi-tenant building with a drive-through on the west side of the
building.
Access: The two (2) accesses shown on the site plan were approved with the Northpointe
Commercial Subdivision. Additional access to Linder Road and the residential development (Lot
35, Block 24 of Fulfer Subdivision No. 6) to the north are provided via an existing cross-access
easement depicted on the plat.
Parking: Based on the overall square footage of the building (12,000 s.f.), a minimum of 24
vehicle parking spaces are required to be provided on the site per the standards listed in UDC 11-
3C-6B. A total of 59 parking stalls are proposed, in excess of the UDC minimum requirements.
Based on the number of proposed vehicle parking stalls (59), a bicycle rack capable of
holding a minimum of two (2) bicycles is required to be provided per UDC 11-3C-6G in
accord with the standards listed in UDC 11-3C-5C. The site plan depicts the location of two
(2) bike racks both capable of parking four (4) bikes. On the site plan submitted with the
CZC application, the applicant should provide details of the bike rack to ensure compliance
with City Code.
Landscaping/Alternative Compliance: A 25-foot wide landscaped street buffer is required
along W. McMillan Road, an arterial street. Due to an existing ACHD storm drain easement the
applicant is unable to plant the required trees along this street frontage. When a buffer is
EXHIBIT A
Northpointe Retail Building Drive-through – H-2017-0074 PAGE 6
encumbered by an easement, the buffer area should include a minimum of a 5-foot wide area for
planting shrubs and trees (UDC 11-3B-7C.1b.). In lieu of the adding the additional 5 feet, the
applicant has submitted a concurrent alternative compliance application. The applicant’s
proposal is to plant the required trees along the west boundary to provide a denser buffer
adjacent to the existing residences. Staff is amenable to this request however; the applicant
has not shown how they will address the landscape buffer along McMillan Road. The
current proposal depicts only lawn. With the development of the adjacent development to
the east, the landscape buffer provided a variety of planting materials and a mix of lawn
and perma bark. Staff believes the applicant should design the McMillan Road landscape buffer
so that it matches the rest of the existing development.
Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C.
A 25-foot wide landscape buffer to adjoining residential uses is required along the west side
of the site adjacent to the residences as set forth in UDC Table 11-2B-3 and is required to be
planted in accord with the standards listed in 11-3B-9C. As noted above the applicant is
proposing to add the required trees along McMillan Road to the west buffer area. To
ensure impacts to the adjacent neighbors are minimized, staff recommends that the
applicant construct the 25-foot wide landscape buffer on the west side so that the trees
touch at maturity in accord with UDC 11-3B-9C1b.
Trash Enclosure: A dumpster to serve the proposed development is depicted on the site plan at
the northeast corner of the site. The applicant should obtain approval from Republic Services for
the location and design of the enclosure.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-11, Drive-Through Establishment. Staff has reviewed these standards and found the site
plan to be in compliance with those standards however, staff has concerns with the turning radius
of patrons entering the west side of the building, the applicant should revise the site plan to ensure
that the bulb-out can accommodate all types of vehicles.
Hours of Operation: The proposed hours of operation are from 6:00 am to 11:00 pm seven days
a week. Because the site is adjacent to residential uses to the west and north, the hours of
operation are restricted to those hours per UDC 11-2B-3A.4. Extended hours of operation in the
C-G zoning district may be requested through a future conditional use permit.
Sidewalk: A 5-foot wide detached sidewalk exists along W. McMillan Road on this site in accord
with UDC 11-3A-17. A striped pedestrian walkway is depicted on the site plan from the
perimeter sidewalk along W. McMillan Road to the main building entrance. Per UDC 11-3A-
19A.4., the pedestrian walkway must be distinguished from the driving surface through the use of
paver, bricks or scored concrete. This must be included on the site plan submitted with the
certificate of zoning compliance application.
Building Elevations: Conceptual building elevations were submitted for the proposed structure
as shown in Exhibit A.4. Building materials appear to consist of stucco, block, glass and metal
awnings. Staff is generally supportive of the design concepts however, the proposed elevations
must comply 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
EXHIBIT A
Northpointe Retail Building Drive-through – H-2017-0074 PAGE 7
site layout and structures are required to comply with the design standards listed in UDC 11-3A-
19 and the guidelines contained in the Meridian Design Manual.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Proposed Site Plan (date: 07/05/17)
3. Proposed Landscape Plan (date: 07/05/17)
4. Proposed Building Elevations (date: 07/05/17)
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services
6. Parks Department
7. Ada County Highway District
C. Required Findings from Unified Development Code
EXHIBIT A
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1. Vicinity Map
EXHIBIT A
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2. Proposed Site Plan (date: 07/05/17)
EXHIBIT A
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3. Proposed Landscape Plan (date: 07/05/17)
EXHIBIT A
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4. Proposed Building Elevation (date: 07/05/17)
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B. Conditions of Approval
1. PLANNING DIVISION
1.1 The applicant is to meet all terms of the approved annexation (AZ-03-013), development
agreement (instrument #103181095 and #114036592), preliminary plat (PP-03-014), conditional
use permit (CUP-03-028) and final plat (FP-07-035) for this development.
1.2 The site plan prepared by Slichter Architects, dated 07/05/17 is approved with the following
changes:
• The applicant shall obtain approval from Republic Services for the location and design of the
enclosure.
• Per UDC 11-3A-19A.4., the pedestrian walkway from the perimeter sidewalk to the main
entrance of the building must be distinguished from the driving surface through the use of
paver, bricks or scored concrete.
• Provide details of the bike rack with the certificate of zoning compliance.
1.3 The landscape plan prepared by Slichter Architects, dated 07/05/17 is approved with the
following changes:
• Construct a 25-foot wide landscape buffer along McMillan Road. The buffer shall include a
variety of plant materials and include a mix of lawn and perma bark consistent with the
development to the east.
• To ensure impacts to the adjacent neighbors to the west are minimized, the applicant
shall construct a 25-foot wide landscape buffer on the west side so that the trees touch at
maturity in accord with UDC 11-3B-9C1b.
• Parking lot landscaping shall comply with the landscape standards set forth in UDC 11-3B-
8C.
1.4 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for the drive-
through establishment. The applicant should revise the site plan to ensure that the bulb-
out/turning radius on the west side of the proposed drive-through can accommodate all
types of vehicles.
1.5 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate
of Zoning Compliance and Design Review application to the Planning Division for this site.
1.6 The applicant shall submit an application for Administrative Design Review concurrent with the
Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to comply with the standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Standards Manual.
1.7 No signs are approved with this application. The applicant shall submit a sign permit application
in accord with the standards listed in UDC 11-3D for approval of any future signs on this site.
1.8 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 business has not begun within this time period,
a time extension shall be requested in accord with UDC 11-5B-6F prior to expiration. If a time
extension is not requested or granted and the CUP expires, a new conditional use permit must be
obtained prior to operation.
1.9 The applicant shall comply with the self-service uses in accord with UDC 11-3A-16.
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1.10 The hours of operation for the proposed uses on this site are restricted to the hours between 6 am
and 11 pm. Extended hours of operation may be requested through a future conditional use
permit in accord with UDC 11-2B-3A.4.
1.11 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.12 Per UDC 11-5B-5B2, the Director (at the applicant's request) approved the alternative compliance
regarding the landscape standards set forth in UDC 11-3C-6B.
1.13 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. Low
impact security lighting shall be provided on the site in accord with UDC 11-3A-11 and the
standards listed in 11-3A-16A.
2. PUBLIC WORKS DEPARTMENT
2.1 A street light plan will need to be included in the building permit application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272. One type 1 LED streetlight,
30 ' height with an 8' mast are should be placed on W. McMillan Road.
3. FIRE DEPARTMENT
3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and
48’ outside, per International Fire Code Section 503.2.4.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying
compliance with their requirements with the CZC application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD has no site specific conditions related to this application. All other standards conditions of
approval apply.
EXHIBIT A
Exhibit C - 1 -
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 dimensional and development regulations of the C-G district (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 with the Comprehensive Plan
future land use map designation of Commercial for this site. Further, the Commission finds
the proposed use of the site is consistent with the Comprehensive Plan in that the proposed
multi-tenant building with a drive-through may provide necessary services that are lacking in
the area.
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
and with the existing and intended character of the area.
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. The Commission
considered all public testimony provided to determine if the development will adversely
affect the other property in the vicinity.
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. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Republic Services and
ACHD. Based on comments from other agencies and departments, the Commission finds that
the proposed use will be served adequately by all of the public facilities and services listed
above.
EXHIBIT A
Exhibit C - 2 -
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.
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 recognizes that traffic will increase with the approval of a drive-through in
this location; however, the Commission does not believe that the amount generated will be
detrimental to the general welfare of the public since the Comprehensive Plan anticipated the
site to be developed with commercial uses. The Commission finds that the proposed use will
not be detrimental to people, 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 that was brought to their attention. 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.
2. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
The Director finds that strict adherence to the landscape standards is not desired due to an
existing 29-foot wide ACHD drainage easement.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the alternative compliance provides an equal means for meeting the City’s
landscape standards if the applicant plants the additional trees in the 25-foot wide landscape
buffer on the west boundary AND provides a variety of plant materials and a mix of lawn and
perma bark consistent with the rest of the development.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public welfare
or impair the use/character of the surrounding properties.