Johnny Bronx H-2017-0134CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0134
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 within
300 Feet of another Drive-Through Establishment and a Residential Use on 0.56 of an Acre of Land
in the C-G Zoning District for Johnny Bronx, by Matt Brown.
Case No(s). H-2017-0134
For the Planning & Zoning Commission Hearing Date of: November 2, 2017 (Findings on
November 16, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 2, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 2, 2017, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 2,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 2, 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-2017-0134
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 November 2, 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 November 2, 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 November 2, 2017
By action of the P anning & Zoning Commission at its regular meeting held on the day of
2017.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER GREGORY WILSON VOTED
COMMISSIONER TREG BERNT VOTED G�
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER JESSICA PERREAULT VOTED
nda McCarvel, Chairman
Attest:
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: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0134
Page 3
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 1
STAFF REPORT
Hearing Date: November 2, 2017
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Johnny Bronx – CUP (H-2017-0134)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Matt Brown, has applied for a conditional use permit for a drive-through establishment
within 300 feet of another drive through establishment and a residential use on 0.56 of an acre of land
in the C-G zoning district. 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 November 2, 2017. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Matt Brown, Applicant
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. Traffic and parking impacts on the north/south driveway that serves as a backage road
to this site and adjacent sites.
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-
0134 as presented in the staff report for the hearing date of November 2, 2017, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0134
as presented during the hearing on November 2, 2017, for the following reasons: (You should state
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
Continuance
I move to continue File Number H-2017-0134 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
Johnny Bronx – CUP H-2017-0134 PAGE 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 4970 N. Linder Road, in the SW¼ of Section 25, Township 4
North, Range 1 West (Parcel #R1527290022).
B. Owner(s):
Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Matt Brown
627 W. Producer Drive
Meridian, ID 83646
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: October 13, 2017
C. Radius notices mailed to properties within 300 feet on: October 6, 2017
D. Applicant posted notice on site by: October 17, 2017
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant/undeveloped land, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Orthodontic office (Kelson), zoned C-G
East: Multi-family residential apartments (Linder Springs), zoned C-G
South: Drive-through restaurant (Sonic), zoned C-G
West: N. Linder Road and single-family residential uses (Fulfer Subdivision), zoned R-8
C. History of Previous Actions:
In 2004, this property was annexed as part of Paramount Subdivision (AZ-03-006) with a
Development Agreement, recorded as Instrument No. 103137116.
In 2003, a preliminary plat (PP-03-004) and conditional use permit/planned development
(CUP-03-008) was approved for Paramount Subdivision which include the subject property.
This property was designated on the conceptual site plan for retail/office uses.
In 2007, this property was included in the following approvals:
Preliminary plat (PP-07-011) for 18 commercial building lots on 18.5 acres of land in a
C-G zoning district;
Development Agreement modification (MI-07-007) to remove the conditional use permit
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 3
requirement and require design review approval instead for all commercial development
in the C-G and L-O zoning districts, recorded as Instrument No. 107145935.
In 2012, a final plat (FP-12-019) was approved for Commercial Southwest Subdivision No. 2
which includes the subject property as Lot 1, Block 2.
In 2013, a conditional use permit (CUP-13-146) was approved for a different drive-through
establishment (i.e. Fanci Freeze) on this site. A subsequent modification to the CUP (MCU-
13-006), Certificate of Zoning Compliance (CZC-13-146) and Design Review (DES-13-137)
was also approved. However, it didn’t end up being developed on this site.
In 2015, a property boundary adjustment (PBA-15-001) was approved which created the
current configuration of the property (ROS #10073).
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist.
b. Location of water: Water mains to provide service to this project currently exist.
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
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 restaurant 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)
There is a 25-foot wide landscaped street buffer on this site along N. Linder Road that was
installed with the development of the subdivision in accord with UDC Table 11-2C-3.
Additional parking lot and perimeter landscaping will be required with the development of
the site.
“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.
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Johnny Bronx – CUP H-2017-0134 PAGE 4
“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 will be located within walking distance of several nearby residential
neighborhoods.
“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)
Direct lot access is not proposed or allowed via N. Linder Road except for the shared access
driveway that exists along the north boundary of this site that was approved with the
subdivision.
“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 is an apartment complex (Linder Springs) to the east of this site. The site is separated
from the dwellings by a 35-foot wide access driveway.
“Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties.” (3.06.01G)
A 25-foot wide buffer is required on this property to the residential uses to the east per UDC
Table 11-2B-3.
“Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.).” (3.06.02F)
A landscaped street buffer with associated building setbacks exists along N. Linder Road in
accord with UDC Table 11-2B-3; the buffer was constructed with the subdivision
improvements.
“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 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.
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.
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Johnny Bronx – CUP H-2017-0134 PAGE 5
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:
Street buffer landscaping: Street buffer landscaping is required in accordance with the standards
listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-3B-7C. Street buffer
landscaping was installed with development of the subdivision.
Parking lot landscaping: All parking lot landscaping is required to comply with the standards
listed in UDC 11-3B-8C.
Landscape buffers to adjoining uses: A 25-foot wide buffer to the residential uses at the east
property boundary is required in the C-G zoning district per UDC Table 11-2B-3 and should 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.
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 Johnny Bronx restaurant on 0.56 of an acre of land in the C-G zoning
district. The CUP is required because the proposed drive-through is within 300 feet of existing
drive-through establishments (i.e. Dutch Bros., Sonic and Walgreen’s) and residential uses
(Linder Springs apartments), per UDC Table 11-2B-2 and 11-4-3-11.
Their business concept focuses on a simple menu that can be served quickly. Orders are placed at
the window with an emphasis on customer service and speed. Although not anticipated, if any
stacking issues arise, an employee will go out and take orders with an iPad. They will also accept
call-in orders.
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop
with a 400+/- square foot (s.f.) restaurant with a drive-through, walk up ordering window,
outdoor patio seating, driveways and parking. An overhead shade trellis is proposed over the
outdoor seating area. There is no indoor seating.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-11, Drive-Through Establishment.
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 stacking lane and window location is depicted on the site
plan; a speaker is not proposed at this time but may need to be added in the future.
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 adjacent interior drive aisles and will not obstruct the
public right-of-way.
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 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 lanes needed for access
and parking.
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; the nearest
residence is approximately 40 feet away.
Any stacking lane greater than one hundred feet (100’) in length shall provide for an
escape lane. The proposed stacking lane is below 100 feet in length.
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 N. Linder Road along the west
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 residences
adjoining the window or the stacking lane.
Access: Access is proposed via an east/west shared driveway via N. Linder Road along the north
boundary of the site within a permanent ingress/egress and cross-access easement (recorded as
Inst. #113053297) depicted on the plat for Commercial Southwest Subdivision No. 2. No other
accesses via N. Linder Road are proposed or allowed.
Parking: Based on the overall square footage of the building (400+/- s.f.), a minimum of one (1)
vehicle parking space is required to be provided on the site per the standards listed in UDC 11-
3C-6B. A total of 11 parking stalls are proposed, well in excess of the UDC minimum
requirements but appropriate for the proposed use.
Based on the number of vehicle parking stalls (11), a bicycle rack capable of holding a minimum
of one (1) bicycle is required to be provided per UDC 11-3C-6G. A detail of the rack should be
submitted with the Certificate of Zoning Compliance application that complies with the
standards listed in UDC 11-3C-5C.
Landscaping: A 25-foot wide landscaped street buffer exists along N. Linder Road, an arterial
street that was installed with Commercial Southwest 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.
Because the property line for this site and the multi-family property to the east lies in the middle
of the north/south access driveway, staff has determined this property does not directly abut a
residential use; therefore, a buffer to residential uses is not applicable or required.
Trash Enclosure: Trash enclosures are required to be incorporated into the overall design of
buildings and landscaping so that the visual and acoustic impacts of the function are fully
contained and out of view from adjacent properties and public streets. Safe access and adequate
lighting should be provided in these areas in accord with UDC 11-3A-12B.
A dumpster to serve the proposed restaurant is depicted on the site plan at the southeast corner of
the site. The applicant has obtained approval from Republic Services for the location and design
of the enclosure; a recycling container should also be provided within the enclosure. A detail
that depicts construction materials and colors should be submitted with the Certificate of
Zoning Compliance and Design Review application for this project.
Sidewalk: Sidewalks are required to comply with the standards listed in UDC 11-3A-17.
A 5-foot wide detached sidewalk exists along N. Linder Road on this site in accord with UDC
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 7
standards. A pedestrian walkway (stamped colored concrete with aggregate base, stamp and
color) is depicted from the perimeter sidewalk along N. Linder Road to the main building
entrance as required by UDC 11-3A-19A.4. The sidewalk along the south side of the building is
required to be a minimum of 5-feet wide; revise plan accordingly.
Hours of Operation: The hours of operation are restricted from 6:00 am to 11:00 pm in the C-G
zone when the property abuts a residential use per UDC 11-2B-3A.4. Extended hours of
operation may be requested through a conditional use permit. The proposed hours of operation
are from 11:00 am to 11:00 pm.
Building Elevations: Building elevations were submitted for the proposed structure as shown in
Exhibit A.4. Building materials consist of decorative concrete masonry, vertical pre-fabricated
metal siding, and horizontal tongue and groove wood siding with metal accents. Final design and
materials are required to be consistent with the Architectural Standards Manual.
The applicant will shall submit an application for administrative design review and should bring
the proposal into compliance with the previously mentioned standards.
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 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 Map
2. Floor Plan
3. Site/Landscape Plan (dated: 09/13/2017)
4. Building Elevations (dated: 07/17/2017
B. Conditions of Approval
1. Planning Division
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
Johnny Bronx – CUP H-2017-0134 PAGE 8
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 9
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 10
Exhibit A.2: Floor Plan
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 11
Exhibit A.3: Site/Landscape Plan (dated 09/13/2017)
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Exhibit A.4: Proposed Building Elevations (dated 07/17/2017)
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EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 14
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 15
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site (AZ-
03-006 (Development Agreement Inst. #107145935); PP-07-007; MI-07-007; FP-12-019).
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/landscape plans included in Exhibit A, dated 9/13/17 shall be revised as follows (as
applicable):
a. Include a detail of the bicycle rack that complies with the standards listed in UDC 11-3C-5C.
b. The sidewalk along the south side of the building is required to be a minimum of 5-feet wide
per UDC 11-3A-17A.
1.4 All existing landscaping within the street buffer adjacent to N. Linder Road shall be protected
during construction in accord with UDC 11-3B-10C.
1.5 The hours of operation for the proposed restaurant and drive-thru 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.
1.6 All outdoor equipment areas shall 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 per UDC 11-3A-12.
1.7 All lighting on the site shall comply with the standards listed in UDC 11-3A-11.
1.8 A detail of the trash enclosure shall be submitted with the Certificate of Zoning Compliance and
Design Review application that depicts construction materials and colors compatible with the
structure. A recycling container should also be provided within the enclosure.
1.9 The applicant shall submit a Certificate of Zoning Compliance application for establishment of
the new use and to ensure all site improvements comply with the provisions of the UDC and the
conditions in this report prior to application for building permits, in accord with UDC 11-5B-1.
1.10 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.
2. PUBLIC WORKS DEPARTMENT
2.1 Applicant shall be responsible to install sanitary sewer and water services to the proposed use.
2.2 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.3 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall dedicated via the City of Meridian’s
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 16
standard forms. Submit an executed easement (on the form available from Public Works), a legal
description prepared by an Idaho Licensed Professional Land Surveyor, which must include the
area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comment on this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. REPUBLIC SERVICES
5.1 Obtain approval from Republic Services for the trash enclosure prior to submittal of Certificate of
Zoning Compliance application. Provide a receptacle for recycling.
6. PARKS DEPARTMENT
6.1 The Parks Department had no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant shall be required to:
a. Pay a traffic impact fee. A traffic impact fee will be assessed by ACHD and will be due prior
to the issuance of a building permit by the lead agency.
b. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any
improvements or work in the right-of-way.
c. Obtain a permit for any work in the right-of-way prior to the construction, repair, or
installation of any roadway improvements (curb, gutter, sidewalk, pavement widening,
driveways, culverts, etc.).
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Johnny Bronx – CUP H-2017-0134 PAGE 17
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
restaurant with a drive-through and comply with the dimensional & development regulations
of the C-G zoning 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 of the property will be harmonious with the
UDC and Comprehensive Plan.
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 drive-through establishment should be compatible with residential and
commercial uses in the area and should not adversely change the 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.
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.
The applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and nor
will they 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 finds the proposed use of the site as a restaurant with a drive-through
establishment will not be detrimental to any persons, property or the general welfare of the
area.
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 8
h. That the proposed use will not result in the dest ruction, 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.
CHANGES TO AGENDA:
Item #4A: Timberline Subdivision - PP (H-2017-0140) — Request for continuance to Dec. 7th in order for the applicant to
hold a new neighborhood meeting & modify the plat.
Item #46: Linder Mixed Use — AZ, RZ (H-2017-0095)
o Request for withdrawal of the Rezone request consisting of 3.36 acres of land from the L-0 to the R-15 and C -C
zoning districts for the property located at 5940 N. Linder Rd.
o Request for continuance of the annexation & zoning request to Dec. 21St in order to continue to work on revisions to
the concept plan as requested by the Commission at the hearing on Oct, 19th; AND, re -notice the application to
reflect the proposed zoning change — the applicant is responsislbe to pay re -notice fees.