2017 11-16E IDIAN,-- MERIDIAN PLANNING AND ZONING
COMMISSION MEETING
AGENDA
City Council Chambers
33 E. Broadway Avenue, Meridian, Idaho
Thursday, November 16, 2017 at 6:00 p.m.
1. Roll -call Attendance
_X_ Treg Bernt _O_ Steven Yearsley
O_ Gregory Wilson O_ Ryan Fitzgerald
X Jessica Perreault _X_ Bill Cassanelli
_X_ Rhonda McCarvel — Chairperson
2. Adoption of the Agenda Adopted
3. Consent Agenda Approved
A. Approve Minutes November 2, 2017 Planning and Zoning
Commission Meeting
B. Findings of Fact Conclusions of Law for Johnny Bronx (H-2017-
0134) by Matt Brown Located at 4970 N Linder Road
4. Action Items
A. Public Hearing for Timberline Subdivision (H-2017-0140) by
Bailey Investments, LLC Located at 655 and 735 W Victory
Road Continued to December 7, 2017
1. Request: Preliminary Plat Consisting of 59 Single Family
Residential Lots and Fight (8) Common Lots on 17.3 Acres
of Land in the R-8 Zoning District
B. Public Hearing Continued from October 19, 2017 Meeting for
Linder Mixed Use (H-2017-0095) by TMEG Properties, LLC
Located at 5960 and 5940 North Linder Road Continued to
December 21, 2017
1. Request: Annexation and Zoning of 5 (Five) Acres of Land
with C -C (1.59 Acres) and R-15 (3.41 Acres) Zoning Districts
2. Request: Rezone of 3.36 Acres of Land from the L -O to the
R-15 (1.43 Acres) and C -C (1.93 Acres) Zoning District.
Adjourned 6:10p.m.
Meridian Planning and Zoning Commission Meeting Agenda — Thursday, November 16, 2017 Page 1 of 2
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Meridian Planning and Zoning Meeting November 16,
2017.
Meeting of the Meridian Planning and Zoning Commission of November 16, 2017, was
called to order at 6:00 p.m. by Chairman Rhonda McCarvel.
Members Present: Chairman Rhonda McCarvel, Commissioner Bill Cassanelli,
Commissioner Treg Bernt and Commissioner Jessica Perreault.
Members Absent: Commissioner Steven Yearsley, Commissioner Gregory Wilson and
Commissioner Ryan Fitzgerald.
Others Present: Charlene Way, Andrea Pogue, Bill Parsons, and Dean Willis.
Item 1: Roll-call Attendance
__X___ Treg Bernt _______ Steven Yearsley
__ ___ Gregory Wilson _______ Ryan Fitzgerald
__X___ Jessica Perreault ___X___ Bill Cassanelli
___X___ Rhonda McCarvel - Chairman
McCarvel: Good Evening, ladies and gentlemen. At this time I would like to call to
order the regularly scheduled meeting of the Planning and Zoning Commission on
November 16th. Let's begin with roll call.
Item 2: Adoption of the Agenda
McCarvel: Thank you. The f irst item on the agenda is the adoption of the agenda.
Both items on the agenda this evening have requested to be continued. So, we will
open them only for that purpose. So, anybody here tonight to testify on either of those
issues, we will not be taking testimony today. They are getting continued to other dates.
So, can I get a motion to adopt the agenda
Cassanelli: So moved.
Perreault: Second.
McCarvel: It has been moved and seconded to adopt the agenda. All those in favor
say aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Item 3: Consent Agenda
Meridian Planning & Zoning Commission
November 16, 2017
Page 2 of 3
A. Approve Minutes November 2, 2017 Planning and Zoning
Commission Meeting
B. Findings of Fact Conclusions of Law for Johnny Bronx (H-
2017- 0134) by Matt Brown Located at 4970 N Linder Road
McCarvel: Next item on the agenda is the Consent Agenda and we have two items on
the Consent Agenda. We have approval of minutes for the October -- or November 2nd
Planning and Zoning Commission meeting and Findings of Fact and Conclusions of
Law for Johnny Bronx. Can I get a motion to accept the Consent Agenda?
Perreault: Madam Chair, I make a motion to accept the Consent Agenda.
Cassanelli: Second.
McCarvel: It has been moved and seconded to -- to accept the Consent Agenda. All
those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THERE ABSENT.
Item 4: Action Items
A. Public Hearing for Timberline Subdivision (H-2017-0140) by
Bailey Investments, LLC Located at 655 and 735 W Victory
Road
1. Request: Preliminary Plat Consisting of 59 Single Family
Residential Lots and Eight (8) Common Lots on 17.3 Acres
of Land in the R-8 Zoning District
McCarvel: Okay. At this time I would like to get a motion to open the public hearing
and continue H-2017-0140, Bailey Investments -- or Timberline Subdivision. Sorry.
And applicant has requested continuance to December 7th.
Bernt: So moved.
Cassanelli: Second.
McCarvel: It has been moved and seconded to continue Item H-2017-0140 to
December 7th. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
B. Public Hearing Continued from October 19, 2017 Meeting for
Linder Mixed Use (H-2017-0095) by TMEG Properties, LLC
Located at 5960 and 5940 North Linder Road
Meridian Planning & Zoning Commission
November 16, 2017
Page 3 of 3
1. Request: Annexation and Zoning of 5 (Five) Acres of Land
with C -C (1.59 Acres) and R-15 (3.41 Acres) Zoning Districts
2. Request: Rezone of 3.36 Acres of Land from the L -O to the
R-15 (1.43 Acres) and C -C (1.93 Acres) Zoning District.
McCarvel: Next item on the agenda is H-2017-0095, Linder Mixed Use. This is
continued from October 19th and is now being asked to continue to December 21st.
So, at this time could I get a motion to continue Item H-2017-0095?
Perreault: So moved.
Cassanelli: So moved. Second.
Perreault: Second.
McCarvel: It has been moved and seconded to continue Item H-2017-0095 to
December 21st. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Bernt: Madam Mayor?
McCarvel: Please do the honors.
Bernt: I move that we close tonight's meeting.
Cassanelli: Second.
McCarvel: It has been moved and seconded to adjourn the meeting of November 16th,
2017. All those in favor say aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
MEETING ADJOURNED AT 6:04 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
RHONDA McCARVEL - CHAIRMAN DATE APPROVED
ATTEST:
�2�q2O ES -
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Meridian Planning Zoning Commission Meeting
DATE: November 16, 2017 ITEM NUMBER: 3A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes November 2, 2017 Planning and Zoning Commission Meeting
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian Planning and Zoning Meeting November 2,
2017.
Meeting of the Meridian Planning and Zoning Commission of November 2, 2017, was
called to order at 6:00 p.m. by Commissioner Steven Yearsley.
Members Present: Commissioner Steven Yearsley, Commissioner Bill Cassanelli,
Commissioner Gregory Wilson and Commissioner Jessica Perreault.
Members Absent: Chairman Rhonda McCarvel, Commissioner Treg Bernt and
Commissioner Ryan Fitzgerald.
Others Present: Charlene Way, Andrea Pogue, Bill Parsons, and Dean Willis.
Item 1: Roll-call Attendance
______ Treg Bernt ___X___ Steven Yearsley
__X___ Gregory Wilson _______ Ryan Fitzgerald
__X___ Jessica Perreault ___X___ Bill Cassanelli
______ Rhonda McCarvel - Chairman
Yearsley: Good evening, ladies and gentlemen. At this time we would like to call to
order the regularly scheduled meeting of the Meridian Planning and Zoning meeting for
the hearing date of November 7th -- or 2nd, 2017, and let's begin with roll call.
Item 2: Adoption of the Agenda
Yearsley: Thank you. Next item on the agenda is the adoption of the agenda. We
need to add one item to the agenda. If you look on the current agenda, Item B of the
Consent Agenda, which is the Finding of Fact and Conclusions of Law for the Veranda
Senior Living Center by Brighton Homes. We just need to add that to the Consent
Agenda. With that I would make a motion -- I would entertain a motion to --
Wilson: Mr. Chairman, I move to adopt the agenda.
Yearsley: As presented?
Wilson: As presented.
Perreault: Second.
Yearsley: I have a motion and a second to adopt agenda as presented. All in favor say
aye. Opposed? Motion carries.
Meridian Planning & Zoning Commission
November 2, 2017
Page 2 or 13
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Item 3: Consent Agenda
A. Approve Minutes October 19, 2017 Planning and Zoning
Commission Meeting
Yearsley: Next item on the agenda is the Consent Agenda and on that we have to
approve the meeting minutes of October 19th, 2017, Planning and Zoning Commission
meeting and the Finding of Facts and Conclusion of Law for Veranda Senior Living
Center. Can I get a motion to approve the Consent Agenda?
Wilson: Mr. Chairman?
Yearsley: Commissioner Wilson.
Wilson: I move to approve the agenda as presented.
Cassanelli: Second.
Yearsley: I have a motion and a second to approve the Consent Agenda. All in favor
say aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Yearsley: Before we go any further I would like to explain the process of how we are
going to do this. We will open each item one at a time and we will start with the staff
report. The staff will present their findings and how the application adheres to the
Comprehensive Plan and Uniform Development Code. After the -- or the staff has had
a chance to make their presentation we will -- the applicant will have a chance to get up
and present their project and -- and make any requests or changes based on what the
staff report was. After the applicant has had a chance to testify we will open it up to the
public for testimony. There is a sign-up sheet in the back if anyone wants to testify. If
they would like to come up testify they will be given up to three minutes to do so . If they
are speaking for a larger group they will be given up to ten minutes. After the audience
has had a chance to -- to testify on the application, we will -- the applicant has a chance
to come back and respond to comments from the -- or from the audience. After the
applicant has had a chance to make his -- their comments, we will close the public
hearings and, hopefully, deliberate and, hopefully, make a decision.
Item 4: Action Items
A. Public Hearing Continued from October 5, 2017 for Rapid
Creek Subdivision (H-2017-0117) by WHPacific located near
the Southwest Corner of W. McMillan Road and N. Black Cat
Rd
Meridian Planning & Zoning Commission
November 2, 2017
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1. Request: Annexation and Zoning of 23.02 acres of land with
an R-8 zoning district
2. Request: Preliminary Plat Consisting of 93 building lots and
11 common lots on 21.02 acres of land in a proposed R-8
zoning district
Yearsley: So, with that I would like to open the public hearing for file number H-2017-
0117, for Rapid Creek Subdivision and let's begin with -- and, actually, so we are
opening this application -- it was continued from the October 5th meeting. We are
opening this application for the sole purpose to talk about the wetland issue only. So,
let's begin with the staff report.
Parsons: Mr. Chair, Members of the Commission, as you stated, this item was
continued from October 5th, the primary -- for the primary purpose of getting the
Commission some more information as to what the Army Corps of Engineers was going
to require for that -- the wetland issue that came -- that was discussed at the previous
hearing. Staff had a chance to meet with the applicant. The applicant did provide the
Commission additional information from a third party consultant as to the determination
of that wetland. Now, keep in mind nothing in tonight's discussion has come from the
Army Corps of Engineers, but with our meeting with the applicants staff feels
comfortable that the Commission can move forward with that draft study that was
presented to you as part of your packet this evening and we are recommending that you
move this forward to City Council tonight without any further conditions. But I do want to
make one change or one notification as I read through the record. The applicant did
bring forth some changes to some conditions in the staff report and , in particular, there
was a requirement of staff requiring a pathway extension headed north through the
landscape buffer that ties into the intersection and if I can get to that map very quickly.
So, currently as the plan was drawn and discussed at that hearing there is a ten foot
multi-use pathway that's stubbed in this location. So, that southeast corner of the site
and staff had a condition that it run up to the north as a ten foot pathway and, then,
terminate at the intersection and so that's something that you need to take into
consideration as you deliberate on this application tonight. We did run this by our Public
Works Department. They had a chance to review that report as well and, again, they
feel comfortable that the information that's provided in that document addresses staff's
concerns. Again, we are recommending approval and I will stand for any questions you
may have.
Yearsley: Thank you. Are there any questions? Would the applicant like to come
forward. Please state your name and address for the record.
Suggs: Good evening, Commissioners. My name is Jane Suggs with WH Pacific and
I'm here representing Rapid Creek Subdivision. Thank you very much for allowing us to
provide the additional information from our wetlands consultant . We have provided a
pretty substantial report and a cover letter and just wanted to assure you that the
Meridian Planning & Zoning Commission
November 2, 2017
Page 4 or 13
developer, as in the cover letter, which you probably have seen, is committed to doing
whatever the Corps of Engineers requests and also can guarantee that any type of
mitigation if necessary will be done off site in a mitigation bank, which is almost
preferable to the Corps of Engineers we understand. So, we do appreciate the staff
working with us, too, on this and I testified previously about the pathway. We are a little
concerned about putting a multi-use pathway in the right of way and talking to some
folks about bike paths it's often best to put those in the low stress areas, but we will not
hold up this approval to fight that out tonight. So, you know, other than that we think
that there is plenty of opportunity for people to go onto the streets and cross the street,
but we will not hold up this testimony -- or this project because of that.
Yearsley: Thank you.
Suggs: And I can answer any questions. But I do respectfully request that you forward
this on to City Council.
Yearsley: Thank you. Are there any questions? Thank you very much. Do we have a
sign-up sheet? We are waiting for the sign-up sheet. So, just a reminder. We only
opened this up for discussion on the wetland mitigation. Since we did talk about the
pathway, I will open it up, so if anyone would like to make comments on the pathway,
but we would only like to hear comments -- we are only taking comments on those two
items. All of the comments have already been heard . So -- so, with that the only
people I have to testify would be John -- I'm not going to try to say the last name is -- I
would they like to testify?
Tessin: Is it Tessin is the last name?
Yearsley: Tessin? Yeah. Please state your name and address for the record.
Tessin: My name is John Tessin and my address 4342 North Elisha Avenue. The
question that I have is the wetlands is an issue and I'm concerned that you're going
further ahead with this before the Army of Corps of Engineers has signed off on it and
so I have a couple of questions. Number one, is -- is -- is that appropriate to do that.
The second question I have is in the wetlands -- discussion of the wetlands report that's
there, has it brought -- been brought to the attention of people that the lake was
artificially lowered about two and a half to three feet by increasing a -- a drain draining
into the irrigation canal and was there a permit needed in order to do that . Those are
the questions that I'd like to see addressed. Thank you.
Yearsley: Thank you. And we will ask the applicant. The next person I have is
Suzanne Ivie. Would you, please, come forward. And, again, name and address for
the record, please.
Ivie: My name is Suzanne Ivie and I live in the Oak Creek Subdivision at 4916 West
Torana Court and what I had to present is not regarding the pathway, it was something
Meridian Planning & Zoning Commission
November 2, 2017
Page 5 or 13
that I probably should have -- should have presented last week. So, I'm not sure if I'm
still allowed to present --
Yearsley: No. And, unfortunately, that was -- we when we continued this meeting we
only continued it for the wetland issue. So, that should not be addressed at this -- at
this time.
Ivie: Okay. Thank you.
Yearsley: Thank you. Is there anybody -- I don't have anybody else signed up to testify
on this. Is there anybody wishing to testify regarding the pathway or the wetland issue?
So, with that would the applicant like to come forward again?
Suggs: Again Jane Suggs representing the applicant. Thank you again for allowing us
to respond. We, as you know, have submitted some information to the Corps. We
believe that the jurisdiction of the wetlands is with the Corps. Your jurisdiction revolves
around it -- which I understand completely you want to make sure that the plan we
submitted is the one that will continue to go through the process and we can guarantee
that, that the plan that we have submitted will not change because of any type of
wetlands. So, in fact, I'm very confident of that and the developer has made that a
confidence too. About the drain, I understand from the folks who have been working in
the field that there was a drain that drains into the water body that's on the west side . It
was not laid to drain appropriately. We didn't have to get a permit to do that. It’s the
same drain, it was just smoothed so that the water would drain away. So, it was
supposed to drain that way and it just had been laid inappropriately. So, it was bucking
grade, so to speak, if you have -- in that vernacular. So -- so, water did come down and
we have cut off the irrigation, water has dropped in the lake -- I mean in the pond and
the areas where there was an overflow now drained appropriately, as they should have.
Yearsley: So, the applicant has the right to drain his or her pond?
Suggs: Property.
Yearsley: Property. Okay.
Suggs: Yeah. It's just -- for some reason that drain either had dropped or had been laid
inappropriately. But we think it just probably dropped over time . Sometimes they don't
necessarily -- they drop because of the soil conditions.
Yearsley: Okay.
Suggs: So, it drains appropriately. Thank you.
Yearsley: All right. Thank you. Well, I guess -- was there any other questions? No?
Thank you. I'm sorry, I can't allow anymore testimony. So, at this time I would entertain
a motion to close the public hearing on file number H-2017-0117.
Meridian Planning & Zoning Commission
November 2, 2017
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Wilson: Mr. Chairman?
Yearsley: Commissioner Wilson.
Wilson: I move to close the public hearing on H-2017-0117.
Cassanelli: Second.
Yearsley: I have a motion and a second to close the public hearing. All in favor say
aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Yearsley: Okay. So, comments or thoughts?
Wilson: Well, Mr. Chairman?
Yearsley: Commissioner Wilson.
Wilson: I will kick it off. I guess -- I mean we -- we deliberated I think pretty extensively
on this and I think we have come to the conclusion that, firstly, I mean this owner,
obviously, is in a situation where they can't run their dogs on that property and that they
should be able to develop it as they see fit. We talked through a lot of those other
separate issues and determined that the one thing holding it up was some kind of
wetland report. We, obviously, got that and I think we were comfortable with that
component of moving forward. I think -- I actually think in terms of kind of an
environmental impact, I mean this is kind of a better way to go. If the surrounding area
is being developed, you know, that wetland -- I mean I don't know if it's going to be
sustained or eventually be developed anyway. So, those mitigation efforts actually I
think is a better -- better balance and a better outcome all around and I think this is a
good project. I think that was the consensus of the Commission and I will be supporting
it moving forward.
Yearsley: Thank you. Anybody else?
Perreault: I don't have anything additional to add.
Yearsley: All right.
Cassanelli: I wasn't here for the deliberation, but I have nothing else to --
Yearsley: Okay. So, as a profession I deal a lot with this type of stuff. The wetland
report was submitted. It is under the jurisdiction of the Corps. Wetland banking is
actually a standard practice to do to, to move wetlands from one location to the next,
especially given the fact that this pond, if it develops, you know -- you know, does not
Meridian Planning & Zoning Commission
November 2, 2017
Page 7 or 13
become a desirable place for a wetland, because you're putting a whole bunch of
potential animals in the middle of residences, so it does not become a great location.
With that, my guess is the adjacent property around it , when it was farmland, I'm sure it
had a lot of animals as well and a lot of life that ended -- wildlife that got relocated or
relocated just because of the development. This whole area around here is -- is poised
to be developed and I don't see them doing really anything different than what was done
around them as well. So, I -- I don't see an issue with moving this forward, especially as
staff has had a chance to look at the report and is comfortable with it. I will comment on
the pathway. I understand the applicant's thought about doing that and, unfortunately,
you know, we are trying to anticipate what the future is going to look like for that
pathway, you know, and what we are looking for is a way for -- for pedestrians to cross
Black Cat Road safely. Will it be at -- where the pathway is or will it be at the
intersection? It's hard to say. I think personally that we need to leave the condition
there and have the pathway be extended up to their intersection for potentially maybe
having -- you know, because they may end up having that crossing be at that
intersection. So, I would be in support of making that -- keeping that condition. So,
any other comments? I guess with that I would entertain a motion.
Wilson: Mr. Chairman?
Yearsley: Commissioner Wilson.
Wilson: After considering all staff, applicant, and public testimony, I move to
recommend approval of file number -- is that correct? I move to recommend file number
H-2017-0117 as presented in the staff report for the hearing date of November 2nd,
2017.
Perreault: Second.
Cassanelli: Second.
Perreault: Second the motion.
Yearsley: I have a motion and a second to approve file number H-2017-0117. All in
favor say aye. Opposed? Motion carries. Thank you.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
B. Public Hearing for Johnny Bronx (H-2017-0134) by Matt Brown
Located at 4970 N. Linder Road.
1. Request: Conditonal Use Permit for a Drive-Through
Establishment on 0.56 of an Acre of Land in the C-G Zoning
District within 300 Feet of Another Drive-Through
Establishment and Residential Uses
Meridian Planning & Zoning Commission
November 2, 2017
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Yearsley: Next item on the agenda is public hearing for H-2017-0134, Johnny Bronx,
and let's begin with the staff report.
Parson: Mr. Chairman, Members of the Commission, next item on the agenda is the
Johnny Bronx CUP application. The site consists of 0.56 acres of land zoned C-G and
is located at 4970 North Linder Road. Surrounding the proposed development is
primarily commercial zoned property, zoned C-G. However, to the east there is an
existing multi-family development called Linder Village and typically when we have
commercial uses up against residential uses we do try to buffer those. But I will get into
that a little bit more as I get into my presentation. And, then, across the other side of
Linder Road to the west we have the Fulfer Subdivision, zoned R-8. The applicant is
here tonight to discuss a drive -- a restaurant with an accessory drive-thru use. As you
all know, a restaurant is a principally permitted use in the C-G zoning district and the
only reason why that we are here this evening is because the proposed drive -thru is
within 300 feet of another drive-thru, which is the Sonic to the south and, then, also
within a residential use, which is on the other side of the drive aisle. So, here is the site
and landscape plan for you this evening. Again, the applicant is proposing to
constructive a 400 square foot structure with no indoor dining, it's all outdoor dining, as
proposed on the site plan. I would mention to you that there are limited hours of
operations when a C-G or a commercial property abuts a residential use. In this
particular case the hour -- the applicant is proposing hours from 11:00 a.m. to 11:00
p.m. So, those are consistent with the allowed hours in the UDC. So, there is no
requirement for a conditional use for extended hours . Access to this development was
provided with the construction of the subdivision. It's hard to see on this aerial here, but
there is a north-south partial drive aisle that provides access to all of the lots and there
is also a reciprocal cross-access agreement so everyone can cross each other's lots to
get access to other local streets and, then, also access to McMillan and Linder Road.
The applicant is required to provide parking in accordance with the UDC standards.
The site plan before you this evening consists of 11 parking stalls, which is actually in
excess of what would be required for the size of the structure. The UDC would only
require one based on the 400 square foot footprint of the structure. So, again, this is
geared primarily towards vehicular traffic more than pedestrian activity. The 25 foot
wide landscape buffer was constructed with the subdivision improvements that will need
to remain protected during construction on the site and, then, the landscape plan that
you see for the -- along the perimeter and it is required to comply with the parking lot
standards in accordance with UDC standards. The site plan that's presented this
evening does comply with those standards as well . I would also mention to you that the
drive-thru use is also subject to specific use standards in the UDC and staff has found
that those do comply with the stacking lanes, the circulation. It's separated fairly well
between the -- the access for parking and entrance and exit of the drive -thru. The one
thing that I did want to bring to your attention as I started earlier in my -- stated earlier in
my presentation was all these uses typically interact with residential uses to the east . In
this particular case staff has made a finding that because the property lines touch in the
middle of the drive aisle, that this site doesn't technically abut a residential use. It's --
the proper lines share in the drive aisle. So, in this particular case staff feels that a 25
Meridian Planning & Zoning Commission
November 2, 2017
Page 9 or 13
foot wide landscape buffer is not required between this use and the a djacent residential
use. So, I did want to share that with you. Typically when a commercial use --
commercial zoning abuts a residential use we require a 25 foot wide landscape buffer.
But, again, because this doesn't abut that doesn't apply and I also wanted to mention to
you that the applicant did provide some elevations for you to take under consideration.
Now, keep in mind they still have to go through the certificate of zoning compliance
process and design review, but we still want to get some of those elevations in front of
you. Building materials consist of concrete masonry, vertical prefabricated metal siding
and horizontal tongue and groove wood siding, with metal accents. Again, staff is
confident this is fairly consistent with our architectural standards manual. Staff did not
receive any written testimony on this application . We find that it does comply with UDC
standards and we are recommending approval this evening to you and I will stand for
any questions you may have.
Yearsley: Thank you. Are there any questions? Well, I have one. If you go back -- so,
they actually have their dumpster container actually position ed that they actually have to
access the container with the alley. Is that appropriate? Do we want to try to consider -
- I don't know quite how to modify it to get it to not work , but it does seem like, you
know, it does interfere with traffic operation while they try to empty the garbage.
Parsons: Mr. Chairman, Members of the Commission, one thing is the plan is labeled
wrong. It's not an alley, it's just a drive aisle --
Yearsley: Okay.
Parsons: -- for the development. So, that's -- it's -- that's basically the shared access.
But the UDC doesn't prohibit that from being located there. So, you can see they have
done it in kind of the same way with the Sonic to the south.
Yearsley: Oh. Okay.
Parsons: But it's going to depend on when the applicant coordinates with the trash
company and when they go in through that development during the -- whether it's early
in the morning or late in the evening, so it's not impacting their current hours. But I'm
not sure how the -- at what times those traffic -- the trash company goes through there,
but that's something -- the Republic Services had a chance to comment on it and they
didn't have any concerns with it. So, staff stayed with the way it was in the staff report.
Yearsley: Okay.
Parsons: But we did recommend that they add recycling if possible.
Yearsley: Okay. Thank you. With that would ask the applicant like to come forward.
Brown: Good evening. Matt Brown. Applicant.
Meridian Planning & Zoning Commission
November 2, 2017
Page 10 or 13
Yearsley: Can you -- address -- state your address as well, please.
Brown: Yeah. Address is 627 West Producer Drive in Meridian.
Yearsley: Any comments? Any additional information you want to add?
Brown: I think that was a great summary. I don't have anything additional to add.
Yearsley: Okay.
Brown: So, I'm open to any questions if you have any.
Yearsley: I guess the one I have is are you in agreement with the staff report?
Brown: I am. Yes.
Yearsley: Okay. Any other questions? Thank you very much.
Brown: Thank you.
Yearsley: I don't have anybody in here wishing to testify on this application . Is there
anybody that would like to testify? With that I don't see needing to have the applicant
come back up. I would entertain a motion to close the public hearing.
Cassanelli: Mr. Chair?
Yearsley: Commissioner Cassanelli.
Cassanelli: I move to close the public hearing for H-2017-0134, Johnny Bronx.
Wilson: Second.
Yearsley: I have a motion and a second. All in favor say aye. Opposed? Motion
carries.
MOTION CARRIES: FOUR AYES. THREE ABSENT.
Yearsley: Any comments or thoughts?
Cassanelli: My only thought on this is -- what we are really here looking at is the
exception for this 300 foot near -- close by another drive-thru. In that area -- I'm
somewhat familiar with it -- there is Taco John's, Sonic. Right to the north is the
orthodontic and, then, you have two more -- you got the Gyro Shack and the Dutch
Bros. right there. Gyro Shack is going in right now. It's been -- that was previously
approved and it's under construction. All of that feeds that little lane that -- that goes
through there, which is a -- what, a 25 foot wide lane? So, you have got all that traffic
Meridian Planning & Zoning Commission
November 2, 2017
Page 11 or 13
jamming up in there and I know there is -- people are trying to park on that without -- the
Gyro Shack is not in yet. This isn't in. It's already -- gets to be kind of jammed up in the
afternoons, early evenings. That's my only -- only thought on that. I don't know how
other people will feel about that.
Yearsley: Okay. Anybody else?
Perreault: Mr. Chair, I have a question for staff.
Yearsley: Absolutely.
Perreault: The drive here that's on the west side of the property, that connects down to
the property to the south and is it going to connect to the property to the north ? Is that a
through way? You know what I mean? Are you --
Parsons: Mr. Chairman, Commissioner Perreault, the more southwestern driveway
does connect through -- through -- and in connection to the Walgreens that's there --
Perreault: Uh-huh.
Parsons: -- but as Commissioner Cassanelli pointed out, that's Kelson Orthodontics, I
believe, directly to the north. So, that would dump into the parking lot. That does not
head farther north. So, really, I think --
Perreault: It will stop at this property?
Parsons: Yes. It will stop here.
Perreault: Okay.
Yearsley: Any other comments? I guess regarding your concerns, I understand traffic
gets backed up and it gets busy and it may have been not designed well enough to
allow better traffic circulation, but at what point -- who do you punish, you know? And,
you know, I don't know how to fix it either, you know. What would you come up with a
solution -- I understand the traffic might get bad, but do you deny this application just
because -- I mean his drive-thru just because of -- you know, he is the last one on the
list to be -- to build, you know.
Wilson: Keep it empty I mean --
Yearsley: Yeah. Or, you know, there is going to be -- you know, it was designated for
some use or for some traffic generation . Who is to say -- I'm not sure exactly what type
of a restaurant this is or if it's just a coffee house or what , you know, so it might
complement or adjust or people may go to there instead of someplace else . It's kind of
hard to know how it will -- traffic will affect -- or this facility will affect traffic. I don't know
Meridian Planning & Zoning Commission
November 2, 2017
Page 12 or 13
if it's -- for me personally if it's enough of a cause to -- to deny and I'd be interested in
your comments or your thoughts on that as well.
Cassanelli: Are you pointing back to me?
Yearsley: No. It was a discussion. I would be curious to -- I understand --
Cassanelli: No. I look at it and this -- this is an interesting little area, because it is -- it's
now going to be almost a -- one little -- one drive-thru establishment after another after
another after another, broken up by the -- by the dentist office there. So, it is -- it's
unique.
Yearsley: Oh, yeah.
Cassanelli: I hate to -- it looks like a cool place. I will probably want to eat in there. I --
I hate to deny it just based on that, the same thing, that he's last -- you know. And,
then, what are you going to do? Is it -- if no -- nothing gets approved and that's about
as wide as it is there and there is not a whole lot else that -- that is going to be able to
go in, it's -- it's going to wind up being traffic -- for some I just -- you know, again, the
whole thing is 20/20 hindsight was this the best layout of this -- you know, of this area.
There is three other vacant corners on this intersection that are be ing developed right
now. I hope they don't wind up doing the same thing on -- on those others when they
get down to it. I -- I hesitate -- like I say, I hesitate to deny it based on that and -- and
punish them and, then, what are you going to do, just leave dirt there for however long
until -- until we finally decide, okay, we will give that -- we will give that to you. But I just
-- I'm not wild about that whole layout and the way that works, one drive-thru after
another after another, but I don't -- I don't think I can punish them for that.
Yearsley: And I agree. You know, it's hard to say -- you know, I can understand why
they want to be there, because they have got a lot of residential behind them and they
have got the school to the north.
Cassanelli: The high school -- yeah.
Wilson: We approved one kind of in this area and it was presumed -- we kind of
deduced it's because of the proximity to the school.
Yearsley: Yeah. It's a great area for -- for kids to run quickly to grab something for
lunch in the afternoon. So -- so, yeah. No. I understand your concern and,
unfortunately, probably, the -- the residential -- or the -- apartments to the -- to the west
probably wasn't -- or east. Sorry. Probably didn't have enough parking that people
want to park there and stuff and so it -- it does become troublesome. So -- yeah. So, I
guess if there is no other testimony, I would entertain a motion.
Wilson: Mr. Chairman?
Meridian Planning & Zoning Commission
November 2, 2017
Page 13 or 13
Yearsley: Commissioner Wilson.
Wilson: 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 data of
November 2nd, 2017.
Perreault: Second that motion.
Yearsley: I have a motion and a second to approve file number H-2017-0134. All in
favor say aye. Opposed? Motion carries.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Yearsley: Thank you. I guess there is one last motion to make.
Cassanelli: Mr. Chairman?
Yearsley: Commissioner Cassanelli.
Cassanelli: I move we adjourn.
Wilson: Second.
Yearsley: I have a motion and a second to adjourn. All in favor say aye.
MOTION CARRIED: FOUR AYES. THREE ABSENT.
Yearsley: We stand adjourned.
MEETING ADJOURNED AT 6:33 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
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Meridian Planning Zoning Commission Meeting
DATE: November 16, 2017 ITEM NUMBER: 3B
PROJECT NUMBER: H-2017-0134
ITEM TITLE: Johnny Bronx
Findings of Fact Conclusions of Law for Johnny Bronx (H-2017-0134) by Matt Brown
Located at 4970 N Linder Road
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY 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.
EXHIBIT A
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.
EXHIBIT A
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)
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 12
Exhibit A.4: Proposed Building Elevations (dated 07/17/2017)
EXHIBIT A
Johnny Bronx – CUP H-2017-0134 PAGE 13
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.).
EXHIBIT A
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.
Meridian Planning Zoning Commission Meeting
DATE: November 16, 2017 ITEM NUMBER: 4A
PROJECT NUMBER: H-2017-0140
ITEM TITLE: Timberline Subdivision
Public Hearing for Timberline Subdivision (H-2017-0140) by Bailey Investments, LLC
Located at 655 and 735 W Victory Road
1. Request: Preliminary Plat Consisting of 59 Single Family Residential Lots and Eight (8)
Common Lots on 17.3 Acres of Land in the R-8 Zoning District
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
PLANNING AND ZONING
PUBLIC HEARING SIGN -IN SHEET
Date: November 16, 2017 Item # 413
Project Number:
Project Name:
H-2017-0095
Linder Mixed Use
Please print your name
For
Against
Neutral
Do you wish
to testify (Y/N)
ti
X
r
Meridian Planning Zoning Commission Meeting
DATE: November 16, 2017
ITEM NUMBER: 4B
PROJECT NUMBER: H-2017-0095
ITEM TITLE: Linder Mixed Use
1-UbliC Hearing Continued fro—m—October meeting tor Linder Mixed Use (H -2U I-
0095) by TMEG Properties, LLC Located at 5960 and 5940 North Linder Road
MERIDIAN PLANNING AND ZONING COMMISSION MEETING
AGENDA
Meridian Planning and Zoning Commission Meeting Agenda - Thursday, November 16,
2017 Page 2 of 2
All materials presented at public meetings shall become property of the City of
Meridian.
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MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
PLANNING AND ZONING
PUBLIC HEARING SIGN -IN SHEET
Date: November 16, 2017 Item # 4A
Project Number: H-2017-0140
Project Name: Timberline Subdivision
Please print your name
For
Against
Neutral
Do you wish
to testify (Y/N)
f , - s m dl
Augnll 00 V1 S