Human Bean CUP H-2020-0125 Item 2. F56
CITY OF MERIDIAN E IDIAN;�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND iDAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a Drive Through Establishment on .59
Acres of Land in the C-G Zoning District,Located at 3285 W.Nelis Dr. Northwest of the W.Ustick
Rd/N. Ten Mile Rd.Intersection,by Colby Halker,A& C Ventures LLC.
Case No(s).H-2020-0125
For the Planning& Zoning Commission Hearing Date of. February 4,2021 (Findings on February
18,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 4,2021,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of February 4,2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 4,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 4, 2021,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. It-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-2020-0125
Page I
Item 2. 57
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 February 4,2021, 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 February 4, 2021, 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 11-513-6F.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. 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 February 4,2021.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2020-0125
Page 2
Item 2. F58]
By action of the Planning&Zoning Commission at its regular meeting held on the 18th day
of February,2021
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER LISA HOLLAND VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
COMMISSIONER MARIA LORCHER VOTED
Rhonda McCarvel, Chairman
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 2-18-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S).H-2020-0125
Page 3
irem2. EXH I BIT A
STAFF REPORT
C�WE IMAM-'
COMMUNITY DEVELOPMENT DEPARTMENT _j A H 0
HEARING 2/4/2021 `
Legend
DATE: p��
1 Pro*c#Lccafiar%
TO: Planning&Zoning Commission -+-
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
SUBJECT: H-2020-0125
Human Bean CUP L5 E
�a
LOCATION: 3285 W.Nelis Dr $
I. PROJECT DESCRIPTION
This is an application for a conditional use permit(CUP)to allow a drive through coffee shop to
operate between the hours of 5 AM to 10 PM.
The subject property is located at 3285 W.Nelis Dr.,northwest of the W. Ustick Rd/N. Ten Mile
Rd. intersection. The subject property is zoned General Retail and Service Commercial(C-G) and is
.59 acres in size. The property is bordered by a pawn shop to the south(with other retail uses
beyond), Idaho Power Sub-Station and industrial uses across W.Nelis Dr to the north, single family
across N. Ten Mile Rd. to the southeast, and is located directly across N. Ten Mile Rd. from parking
associated with Reta Huskey Park and the Five Mile Creek pathway.
The property was originally annexed in 2004 and zoned to C-G as part of the McNelis Subdivision.
The Development Agreement that was associated with this annexation(Inst. #104093293)required all
uses on the subject lot to be approved by conditional use permit. In 2011,the subject property was
part of a larger rezoning, comprehensive plan amendment and DA modification(CPAM-10-002,RZ-
11-001,MDA-11-002,Instr. # 112054621). As part of this,the allowed uses on the subject property
were relaxed to allow all uses in the C-G Zone District,but hours of operation were limited from lam
to 1 Opm,unless approved by a conditional use permit. As the hours of this drive through
establishment are proposed to begin at 5am,the conditional use permit is required.
Page 1
Item 2. F60
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.59 acres
Future Land Use Designation Mixed Use Non-Residential
Existing Land Use(s) Vacant
Proposed Land Use(s) Drive-through coffee shop(restaurant)
Lots(#and type;bldg./common) 1 building lot
Neighborhood meeting date;#of December 2,2020
attendees:
History(previous approvals) Annexation and Preliminary Plat AZ,PP 04-004,FP 05-
047,DA Instr.4104093293,Rezoning and Comprehensive Plan
Map Amendment CPAM 10-002,RZ-11-001,and DA
Modification Instr.#112054621
B. Community Metrics
Description Details Page
Ada County Highway District No site-specific comments submitted
Access(Arterial/Collectors/State Access will occur from W.Nelis Dr.a local street.There
Hwy/Local)(Existing and Proposed) will also be an internal connection with the property to the
south at 3393 W.Nelis Dr(pawn shop)
Existing Road Network Yes
Fire Service No comments submitted
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed Ten Mile Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 14.06
• Project Consistent with Yes
WW Master Plan/Facility
Plan
• Comments • Flow has been committed
• No proposed changes to public sewer infrastructure within record.Any
changes or modifications,to the public sewer infrastructure,shall be
reviewed and approved by Public Works.
Water
• Distance to Water Services 0
• Pressure Zone 2
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
Page 2
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Item 2. F62
III. APPLICANT INFORMATION
A. Applicant:
Jerrod Wallgreen,JGT Architecture— 1212 12`h Ave South,Nampa, ID 83651
B. Owner:
Edward McNelis,Ten Mile Investments—621 N. Robinson Blvd,Nampa, ID 83687
C. Representative:
Colby Halker,A&C Ventures LLC—855 W. Broad St, Ste 300,Boise, ID 83702
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 1/15/2021
Radius notification mailed to 1/12/2021
properties within 300 feet
Site Posting Date 1/25/2021
NextDoor posting 1/12/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan)
Mixed Use Non-Residential-The purpose of this designation is to designate areas where new
residential dwellings will not be permitted, as residential uses are not compatible with the planned
and/or existing uses in these areas. For example, MU-NR areas are used near the City's
Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous
operations that need to be buffered from residential. Sample uses, appropriate in MU-NR areas
would include: employment centers,professional offices, flex buildings,warehousing, industry,
storage facilities and retail, and other appropriate non-residential uses.
The subject site is zoned General Retail and Service Commercial District(C-G). This allows a
broad range of commercial uses. The property is directly adjacent and north of a pawn shop, is
across W. Nelis Dr(south) of an Idaho Power Sub-Station and industrial uses, and is across N.
Ten Mile Rd. (west) of a parking lot, Reta Huskey Park, and the Hartford Subdivision to the
southeast.A drive-through coffee shop and restaurant is a use determined to be appropriate in
this zone district as well as the existing Development Agreement, subject to the specific use
standards listed in UDC 11-4-3-11 and restaurant specific use standards in UDC 11-4-3-49.
B. Comprehensive Plan Policies (https://www.meridiancity.or /ccoompplan):
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in
italics):
Page 4
Item 2. ■
• Encourage infill development. (3.03.01E)
The Comprehensive Plan defines infill as "development on vacant parcels, or
redevelopment of existing parcels to a higher and better use that is surrounded by
developed property within the City of Meridian." The subject property is a vacant lot
surrounded by existing development on all sides. As mentioned above, this includes a
pawn shop with additional retail uses to the south of that,power sub-station, industrial
uses,parking lot and City park, and residential area across N. Ten Mile Rd. The
property has available water and sewer. This project would be considered infill
development.
• Preserve private property rights and values by enforcing regulations that will prevent and
mitigate against incompatible and detrimental neighboring uses. (3.05.01 C)
The conditional use is a process to ensure any impacts associated with a particular use
are mitigated.All uses directly adjacent to the subject property are commercial and
industrial. Restaurants and drive-through establishments are principally permitted uses
in the C-G zone district.
• Require appropriate building design, and landscaping elements to buffer, screen,beautify,
and integrate commercial,multifamily, and parking lots into existing neighborhoods.
(5.01.02D)
A landscape plan has been submitted with this application that appears to meet the
requirements of UDC 11-3B. Building design and landscaping will be reviewed as part of
the Certificate of Zoning Compliance (CZC) and administrative design review that would
follow this proposal if it were approved.
C. Existing Structures/Site Improvements:
The subject property is presently vacant. The 25' landscape buffer that is required along N. Ten
Mile Rd. and 10' buffer that is required along W.Nelis Dr. have already been installed, as are the
sidewalks.
D. Proposed Use Analysis (UDC 11-2B-1):
The proposed use is a drive through coffee kiosk(restaurant)that will operate between the hours
of 5AM and 1 OPM. This use is allowed by right per the development agreement and within the C-
G zone district, although the earlier opening time of 5AM requires conditional use permit
approval as required in the recorded development agreement and is subject to the specific use
standards listed in UDC 11-4-3-11 and UDC 11-4-3-49.
E. Specific Use Standards (UDC 11-4-3):
A"Drive-Through Establishment"is subject to specific use standards as outlined in UDC 11-4-3-
11 as follows:
1. All establishments providing drive-through service shall identify the stacking lane,menu and
speaker location(if applicable), and window location on the certificate of zoning compliance
or the conditional use permit.
The concept site plan submitted with this application identifies the location of the stacking
lane, and window location. There are no outdoor speakers associated with this proposal.
Page 5
Item 2. 64
2. 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:
a. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive
aisles, and the public right-of-way by patrons.
The concept plan shows the stacking lane is a separate lane that does not obstruct
driveways, drive aisles or public right of way. The site has also been designed to allow
egress from the pawn shop to the south into the subject property without interrupting the
stacking lane.
b. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking,except stacking lanes may provide access to designated employee parking.
There is a separate drive aisle to the north of the stacking lane for parking and access.
There is also a separate divider provided to prevent cars from pulling out of the parking
lot into the stacking lane.
c. The stacking lane shall not be located within ten(10)feet of any residential district or
existing residence.
The stacking lane is more than 250'from the closest residential district or residence.
d. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape
lane.
The stacking lane provides an escape lane which allows access to and from the lot to the
south (pawn shop) as well as merges to an exit lane to W. Nelis D.
e. The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The site is designed with the drive-through window oriented to the east to be visible from
N. Ten Mile Rd.
3. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window
location adjoins a residential district or an existing residence.
The stacking lane does not adjoin a residential district or existing residence.
A"Restaurant"is subject to specific use standards as outlined in UDC 11-4-3-49 as follows:
1. Parking
a. At a minimum, one(1)parking space shall be provided for every two hundred fifty(250)
square feet of gross floor area.Upon any change of use for an existing building or tenant
space, a detailed parking plan shall be submitted that identifies the available parking for
the overall site that complies with the requirements of this title
The site plan indicates 5 parking spaces whereas 2 are required. The site plan contains a
detailed parking plan.
F. Dimensional Standards(UDC 11-2):
Dimensional standards in the General Retail and Service Commercial District(C-G) include a
25'landscape buffer adjacent to arterial roads, 10'buffer adjacent to local roads and a
Page 6
Item 2. 65
maximum building height of 65'. There are no front, side or rear setbacks in this zone district.
The proposed drive through facility meets these dimensional standards.
G. Access(UDC 11-3A-3, 11-3H-4):
Access to this development will occur from W.Nelis Dr. (two points) and run along a one-way
drive-aisle in a counter-clockwise direction. Cars will enter the site and will either park in a lot or
continue along a"u-shaped" 12' drive aisle to the coffee kiosk and exit back to W.Nelis Dr.
There is also a point of access through the property at the south(the pawn shop). This access will
serve as an escape lane for cars that have entered the drive-though aisle, and will also allow cars
from the pawn shop to merge into the drive aisle past the coffee kiosk and leave the development
at the same northern exit point. A curb will be provided between the parking lot and the one-way
drive aisle to separate the lot from the drive aisle and prevent cars from backing into the drive
aisle when leaving the site.However,the drive aisle between the parking and the stacking lane is
shown to be 24' in width whereas UDC 11-3C-5 requires 25'. Staff has added this as a
recommended condition of approval.
This proposal was referred to ACHD,who responded in a January 8, 2021 letter that there were
no concerns and no required improvements to the adjacent street(s).
H. Parking(UDC 11-3C):
The subject property is within the C-G Zone District. Per the specific use standards for a
restaurant(UDC 11-4-3-49),parking is based on one(1)parking space per 250 square feet of
gross floor area. With a square footage of approximately 500 sq. ft. for the kiosk,two parking
spaces are required whereas 5 parking spaces are required. The site plan reflects at least three
bicycle spaces.
I. Sidewalks(UDC 11-3A-17)
Sidewalks along both the N. Ten Mile Rd. and W.Nelis Dr. frontages have already been
constructed. As required by UDC 11-3A-19,the applicant is providing a 5' wide pathway at the
northeast portion of the site connecting to the existing sidewalk along W.Nelis Dr. to allow better
pedestrian access.However,there is a regional trail on the east side of N. Ten Mile Rd. which is
10' in width to accommodate bicyclists. Staff recommends the pathway from the perimeter
sidewalk to the kiosk building be widened to 10'.
I Landscaping(UDC 11-3B):
UDC 11-2C-3 requires landscape buffers of a minimum width of 25' along arterial streets and 10'
along local streets. Both these buffers as well as 6' wide attached sidewalks exist along the site.
The landscape plan reflects the buffers meet the minimum landscape requirement of one tree per
35 linear feet of frontage.
UDC 11-3B-8 requires a five-foot-wide minimum landscape buffer adjacent to parking, loading,
or other paved vehicular use areas. The landscape plan shows the 25' wide arterial buffer along
the northern perimeter of the drive aisle, 10' wide landscape buffer along the southern perimeter
of the drive aisle, and as much as 60' width of landscaped area between the eastern drive aisle
perimeter and the sidewalk along N. Ten Mile Rd. There is also approximately 15' of landscaped
area between the parking lot and the northern drive aisle. The proposed landscaping significantly
exceeds the landscape requirements of UDC 11-3-B.No existing trees are shown to be removed
with this proposal.
Page 7
Item 2. 66
The site is highly visible from N. Ten Mile Rd,the existing residential to the southeast and the
pathways along Ten Mile Creek and N. Ten Mile Rd. In order to ensure the design of the
development 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, staff requested the applicant screen the drive-through aisle
that is visible from N. Ten Mile Rd. The applicant proposes an approximately 40' long vehicle
headlight screen wall of an unspecified height directly at the NE corner of the development.
Although staff supports this feature, staff believes there should be additional measures to soften
the visual impacts of the vehicles in the drive aisle. As a condition of approval, staff recommends
additional length of screen wall,berming, or evergreen shrubs along the entire eastern perimeter
of the drive aisle to the south property line sufficient to soften visual impacts of the drive through
as viewed from N. Ten Mile Rd and the nearby residences.
K. Fencing(UDC 11-3A-6, I1-3A-7):
The site plan and landscape plans do not show any other fencing other than the screen wall. Any
fencing would be required to comply with the fence standards in the UDC 11-3A-7.
L. Utilities
All utilities for the proposed development are already in place.No additional services are needed.
A Building Elevations
The applicant submitted conceptual elevations with this conditional use application. The
elevations show architecture similar to most of the kiosks in this franchise,with materials
consisting of weathered wood plank and ribbed metal siding and three pitched standing seam
metal roofs. Overall,the proposed architecture is good quality. If staff s recommendation
regarding extending the landscaping,walls and/or berming along the entire eastern perimeter of
the drive aisle to the south property line is followed, it would increase the visual quality of the
project. The proposed elevations will be reviewed in detail at the time of Certificate of Zoning
Compliance(CZC) and Design Review(DES) submittal.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on February 4,2021.At the public
hearing.the Commission moved to approve the subject conditional use permit request.
I. Summary of the Commission public hearing:
a. In favor: Colby Halker and Jerrod Wallgreen
b. In opposition: None
c. Commenting: Colby Halker and Jerrod Wallgreen
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony_ :
a. None
3. Key issue(s)of discussion by Commission.
Page 8
Item 2. ■
a. Discussed whether there could be any additional safeguard to prevent cars leaving the
Pawn Shop at the south from attempting to go into the drive through lane the wrong
direction.
b. Discussed whether there are any properties east of the subject property that would be
impacted from headlights from the drive through establishment.
4. Commission change(s)to Staff recommendation:
a. Added recommendation for staff and the applicant to ascertain if any additional design
such as curbing, could be added to the southern access to prevent cars from the pawn
shop from turning west and driving into the drive aisle the wrong direction.
Page 9
Item 2. F68
VII. EXHIBITS
A. Conceptual Site Plan(date December 16, 2020)
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Page 10
Item 2. ■
B. Conceptual Landscape Plan(date December 16, 2020)
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Page 11
Item 2. F70
D. Conceptual Elevations(dated: December 16,2020)
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Page 12
Item 2. ■
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. A Certificate of Zoning Compliance and administrative design review application is required to
be submitted to the Planning Division and approved prior to submittal of building permit
applications. The applicant will either meet all architectural requirements of the Architectural
Standards Manual(ASM)or apply for a design exception as part of the CZC submittal.
2. The Applicant shall have a maximum of two(2)years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two(2)years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC I 1-513-617.
3. Hours of operation are limited from 5AM to 1 OPM.
4. The plans shall be revised to increase the width of the drive aisle between the parking and the
stacking lane to 25' as required per UDC 11-3C-5.
5. The plans shall be revised to increase the width of the pathway from the perimeter sidewalk to the
kiosk building to 10'.
6. The site plan prepared by jgt architecture, dated December 16, 2020, is approved with the
revisions as listed in 4& 5.
7. The landscape plan prepared by jgt architecture, dated December 16,2020,is approved with the
following revisions:
a. The drive aisle and pathway shall be widened as listed in condition 4& 5 above.
b. The landscape plan shall be revised to incorporate a combination of screen walls,berming,
and/or evergreen shrubs to a height of 4 feet along the eastern perimeter of the drive aisle to
the south property line. It should be sufficient to soften visual impacts of the drive through as
viewed from N. Ten Mile Rd and the nearby residences while still providing visibility of the
drive-through window.
8. The architectural elevations prepared by jgt architecture, dated December 16, 2020, are approved
as submitted.
9. Parking requirements associated with the drive through coffee kiosk shall comply with the
commercial parking standards; 1 per 250 square feet of gross floor area.
10. The Applicant shall comply with all bulk,use, and development standards of the applicable
district listed in UDC Chapter 2 District regulations.
It. The Applicant shall comply with the outdoor service and equipment area standards as set forth in
UDC 11-3A-12.
12. The Applicant shall comply with the structure and site design standards as set forth in UDC 11-
3A-19 and the Architectural Standards Manual.
13. The applicant shall comply with standards and installation for landscaping as set forth in UDC
11-313-5 and maintenance thereof as set forth in UDC 11-313-13.
14. The applicant shall comply with the specific use standards for a drive through establishment and a
restaurant as set forth in UDC 11-4-3-11 and 11-4-3-49.
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Item 2. 72
15. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site(AZ, PP 04-004,FP 05-047, DA Instr. #104093293, CPAM 10-
002,RZ-11-001, and DA Modification Instr. #112054621).
B Public Works
1. No proposed changes to the public sewer and/or water infrastructure are shown within this record.
Any changes or modifications shall be reviewed and approved by Public Works.
2. There is an existing water service stub near the northwest corner of the property off of Nelis that
either needs to be used or abandoned.
3. A fully functioning streetlight is required on W.Nelis Dr. at the west property boundary.
Streetlight shall be installed and functioning prior to occupancy.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.or lWebLinkIDocView.aspx?id=219444&dbid=0&repo=MeridianC
ky
IX. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit request upon the
following:
1. 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 site meets all dimensional and development regulations of the C-G zoning district. The site
already contains landscape buffers,parking is adequate, and the parking area will be landscaped
as required by UDC 11-3B-8. Staff finds the site is large enough to accommodate the proposed
use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord
with the requirements of this title.
Stafffinds the proposed drive through coffee kiosk will be harmonious with the Comprehensive
Plan per the analysis in Section V of this staff report.
3. 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 subject site is within a commercially zoned area. Directly south of the site is a pawn shop
and other commercial retail.Across W. Nelis Dr. to the north is an Idaho Power Sub-Station and
industrial uses. East of the parking(across N. Ten Mile Rd.) is a parking facility, regional
pathway and Reta Huskey Park. Single family residential is approximately 250 feet to the
southeast. The site will be landscaped beyond the minimum requirements, and architecture will
be required to meet the Architectural Design Manual(ASM) at time of Certificate of Zoning
Compliance(CZC). If staff's recommendation regarding additional screening of the drive aisle is
followed, staff would find the proposed use should not change the character nature of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
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Item 2. ■
If staffs recommendation regarding additional screening of the drive aisle is followed, staff
would find the proposed use should not adversely affect other properties in the vicinity.
5. 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 proposed use will be served adequately by all public facilities and services.
6. 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.
Staff finds the proposed use should not create any additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
7. 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.
This proposal is for a drive through establishment that will operate between 5AM and IOPM in
an area zoned for commercial uses, at a minimum of 250 feet from the nearest residential zone
district, and on the other side of a major arterial street. Also, there are no outdoor speakers
proposed with this establishment. The proposed facility is appropriate in this location.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005,ef£ 9-15-2005)
Staff is unaware of any natural, scenic, or historic features on this site; thus, Staff finds the
proposed use should not result in damage of any such features.
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