Z - Signed Findings Item 2. F36
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 within
300-feet of an existing drive-through on 1.0 acres of land in the C-G zoning district for Popeyes
Drive-Through,Located at 6343 N.Linder Road,by JRW Construction,LLC.
Case No(s).H-2021-0030
For the Planning& Zoning Commission Hearing Date of: June 17,2021 (Findings on July 1,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 17, 2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 17,2021, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 17,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 17,2021,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. 11-7 84 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0030—Popeyes Drive-Through CUP
Page 1
Item 2. F
7
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 17, 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 § I I-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of June 17,2021,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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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 June 17,2021
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0030—Popeyes Drive-Through CUP
Page 2
Item 2. 38
By a�tif of the Planning&Zoning Commission at its regular meeting held on the 1 St day of
u Y 92021.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
COMMISSIONER MARIA LORCHER VOTED
Rhonda McCarvel, Chairman 7-1-2021
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: 7-1-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0030—Popeyes Drive-Through CUP
Page 3
Item 2. EXHIBIT A ■
E STAFF
N --
STAFF REPORT a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/3/-2021 6/17/2021 Legend
DATE:
Project Location
TO: Planning&Zoning Commission ', ------
FROM: Joseph Dodson,Associate Planner
208-884-5533 a
SUBJECT: H-2021-0030
Popeye's Drive-Through—CUP
FEE FFE
LOCATION: The site is located at 6343 N. Linder � ff
Road,the southwest corner of W.
Chinden Boulevard/Hwy. 20/26 and N.
Linder Road,in the NE '/4 of the NE '/4 of
Section 26,Township 4N.,Range 1W. �
I. PROJECT DESCRIPTION
Conditional Use Permit for a drive-through establishment within 300-feet of an existing drive-through
on 1.0 acres of land in the C-G zoning district with concurrent Administrative Design Review for the
proposed building elevations.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.0-acre
Future Land Use Designation Mixed-Use Community
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Restaurant with a dual drive-through
Current Zoning General Retail and Service Commercial District(C-G)
Physical Features (waterways, None
hazards, flood plain,hillside)
Neighborhood meeting date; # April 5,2021;no attendees(One phone call after
of attendees: meeting, see application materials online)
History(previous approvals) AZ-06-006;PP-13-031;FP-14-020; MDA-13-019
(DA Inst. #114014784).
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Item 2. EXHIBIT A F41
C. Representative:
Same as Owner
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 5/14/2021
Radius notification mailed to 5/11/2021
properties within 500 feet
Site Posting Date 5/21/2021
Next Door posting 5/12/2021
V. STAFF ANALYSIS
The proposed drive-through is for a 2,325 square foot Popeyes Louisiana Kitchen restaurant that is
within 300-feet of a separate drive-through to the south,which requires Conditional Use Permit
approval(CUP)per UDC Table 11-213-2 and the specific use standards,UDC 11-4-3-11. The
submitted site plan shows a rectangular building situated relatively centered on the site with angled
parking along the east and north boundaries. The site plan shows one-way drive aisles around the
building that connects to a two-way drive aisle in the northwest corner of the site;this two-way drive
aisle is off-site but the adjacent property shares the same ownership. The Applicant anticipates the
north drive aisle to be the main point of access to the drive-through.
The subject site is located within the Mixed-use Community(MU-C) future land use which
contemplates a multitude of uses,residential, commercial, and otherwise. Due to the size of the site,
this singular site cannot be expected to contain three distinct uses as discussed within the mixed-use
sections of the Meridian Comprehensive Plan. Instead,those uses within the nearby radius should
also be contemplated for compliance with this future land use. Staff finds the proposed use and the
surrounding uses,both existing and planned,comply with the MU-C fixture land use designation.
Specific Use Standards: The proposed drive-through establishment is subject to the specific use
standards listed in UDC 11-4-3-11,Drive-Through Establishment. A site plan is required to be
submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and
between adjacent properties.At a minimum,the plan is required to demonstrate compliance with the
following standards:
In general,Staff does not support the proposed site design and is recommending revisions for the
Commission to consider;Staffs analysis of the specific use standards and any recommendations
are in italics.
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and
the public right-of-way by patrons;
The proposed site layout places a dual ordering drive-through along the south of the site and the
pick-up window on the east side of the building. With this site design the proposed drive-through
has a minimal stacking lane due to the overall site and building being relatively small.
Furthermore, the site design is made for traffic to flow in a circular pattern around the building
utilizing a portion of the drive aisle adjacent to the west side of the building as the stacking lane.
Furthermore, the proposed site design with the anticipation of the extended north drive aisle as
Page 3
Item 2. EXHIBIT A 42
the main entry point requires patrons who intend to park and utilize the dining room to go
through the site along the west boundary, use the shared drive aisle along the south boundary to
head east, and finally enter the site again to use the parking spaces. As proposed by the
Applicant, Staff can envision patrons double stacking to order faster and block the one-way drive
along the west boundary and effectively restricting patrons from using the parking spaces along
the east boundary. Staff also envisions patrons blocking and/or utilizing the north drive aisle and
obstructing both this anticipated exit and entry for the site with as few as seven (7) cars stacked
along the west of the building(approximately 140'from the ordering window to the north drive
aisle).
Therefore,Staff recommends multiple changes to the site design:1) one drive-through instead
of two should be utilized;2) the ordering and pick-up areas be flipped on the site to have the
pick-up window on the west side of the building and the menu boards located near the
northeast side of the site;and 3)flip the parking from the east side of the site to the west side
of the site. These changes will allow for adequate stacking with less potential of obstructing the
existing drive aisle along the south boundary of the site and allow customers who want to
utilize the dining room better access to parking which would be on the west side of the building
instead of the east. Further analysis is below in the Access and Parking sections of this report.
In addition,Staff does not agree with the Applicant that the northern drive aisle would be
utilized as the main access point to the site and instead Staff believes the existing drive aisle
along the south of the site will be utilized more for the drive-through component of the
business.Because the site is designed to function as a one-way loop, the Applicant should
provide more than adequate signage to ensure patrons utilize the traffic flow correctly.
2)The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designed employee parking.
Per the submitted site plan, the stacking lane(s)are along the west side of the site and are
separated from the west drive aisle by striping despite having two drive-through menu
boards/speakers. With two proposed drive-through speakers, Staff does not find the proposed
separation to be sufficient. In fact, and as noted above, Staff believes patrons would utilize the
drive west drive aisle as the second stacking lane and completely obstructing this drive aisle and
site exit. Staffs recommended changes above would help alleviate this issue by removing the dual
drive-through speaker and placing the singular one along the north/east side of the site adjacent
to the one-way drive aisle that is eight feet wider than the west drive aisle. Further analysis is
below in the Access section of this report.
3)The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence;
The stacking lane is not located within 10'of any residential district or residence.
4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape
lane; and
The stacking lane exceeds 100'in length but utilizes some of the one-way drive aisle as the
stacking area so it is difficult to discern where the stacking lane starts. However, there is also no
need for a designated escape lane because the site design does not close off the menu board and
patrons can exit the drive-through by utilizing the drive aisle. The adjacent drive aisle is wide
enough to function as the escape lane so Staff has no concern with the Applicant complying with
this standard with the recommended changes noted above that allow for patrons to exit directly
west through the new drive aisle along the north boundary or to the south adjacent to the pick-up
window on the west side of the site should they decide they no longer wish to order.
Page 4
Item 2. EXHIBIT A 43
5)The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The proposed drive-through is located along the south and east side of the site and is visible from
Linder Road. With Staffs recommended changes, the menu boards would be located along the
north side of the property with the pick-up window on the west side of the building and less
visible than currently proposed. After discussions with Meridian Police, they are more concerned
with the site circulation than they are regarding the pick-up window being less visible on the west
side of the building. Locating the pick-up window on the west side of the building still allows it to
be visible from Chinden Boulevard and from within the commercial subdivision.
Staffs specific recommendations can be found in Section VIII.A2 &A3.
The proposed use of a Restaurant is subject to an additional specific use standard listed in UDC 11-4-
3-49 and notes that the minimum amount of parking shall be one (1) space for every 250 square feet
of gross floor area.Based on the proposed building size of 2,325 square feet noted on the submitted
site plan, a minimum of nine (9)parking spaces are required. The proposed site plan shows 19
parking spaces, exceeding UDC minimums.At the time of the future Certificate of Zoning
Compliance (CZC) application, the data table on the site plan should be corrected to reflect the
correct minimum standards of a restaurant use instead of the general commercial ratio.
Access: Access to the site is shown via two drive aisles: one along the south boundary which is
currently existing, and; one abutting the site in the northwest corner that is proposed to be constructed
with this project. The new proposed drive aisle would traverse an undeveloped lot and connect to a
drive aisle that serves existing commercial buildings along Chinden(including an additional drive-
through). This drive aisle is the proposed main entry point to the site, according to the Applicant.
The south drive aisle is existing and traverses through the entire commercial subdivision with an
access to a private drive aisle intended to be an auxiliary ingress/egress point for the properties in this
area. Because the south drive aisle does not have any parking that directly accesses this drive aisle
and has access to an auxiliary ingress/egress point, Staff believes this drive aisle will be far more
utilized than the new north drive aisle that starts much closer to the Chinden ingress/egress and is
essentially a parking lot instead of a drive aisle.
Therefore,with the potential access points and the concerns introduced above, Staff has
recommended revisions to the site plan to help mitigate the concerns and increase the efficiency and
safety of the site design.
First,Staff recommends the drive-through contain only one(1) ordering speaker to help mitigate
double stacking issues. Secondly,Staff recommends mirroring the site to have the menu board on
either the east or north sides of the site therefore moving the pick-up window to the west side of the
building. Staff does not know if the entire site needs to be flipped placing the main entrance facing
south;this would not be preferred as the more architectural elevations would be facing internal
rather than towards the adjacent busy roads.However,Staff assumes the internal portions of the
building can be flipped to move the pick-up window to the west side of the building and maintain
the patio space and building entry facing north along the entrwyway corridor. With these changes,
the entire building can be shifted south and remove the need for any vehicle use area along the
south side of the building.Additional landscaping or other features could be utilized in this area.
Furthermore, the building shift to the south allows for the menu board to be placed near the north
side or northeast corner of the building further away from the patio area Staff envisions there
would be adequate room along the north of the building site to include additional landscaping to
screen and mitigate the additional noise generated by vehicles ordering while patrons utilize the
patio space.
In short, shifting the site south and flipping the location of the ordering and pick-up windows
— Page 5
Item 2. EXHIBIT A 44
opens up the site and allows for easier and more logical ingress and egress to the drive-through by
allowing vehicles to enter the site in the southeast corner,stack along the east and northeast sides
of the building,pick-up their order along the west side of the building, and then immediately exit
via the southbound one-way drive aisle to the shared drive aisle along the south boundary. Staffs
recommended site design is based on the assumption that more traffic will utilize the drive aisle
along the south boundary than the proposed drive aisle in the northwest corner.
Parking: A minimum of one (1)parking space is required to be provided for every 250 square feet of
gross floor area for the proposed restaurant use. The proposed building is shown as 2,325 square feet
requiring a minimum of 9(rounded down from 9.3)parking spaces; the submitted site plan shows 19
proposed parking spaces exceeding UDC minimums.
Consistent with Staff recommendations above, Staff recommends flipping the parking from the east
side of the site to the west side of the site and face them south to further mitigate conflicts of stacking
and parking. By placing the angled parking on the west side and facing them south instead of north,
combined with Staff's previous recommendations offlipping the order and pick-up areas, the building
can be shifted east by approximately the width of the proposed 20'drive aisle and the angled parking
stalls. Therefore, the east drive aisle and south entrance could be used solely for ordering and
stacking at the new location of the menu boards along the north end of the site. With the angled
parking along the west side of the building, the one-way drive aisle must be at least 13 feet wide per
UDC 11-3C-4 but Staff feels it should largely mirror what is currently proposed on the east side
(approximately 20 feet wide) to allow for the drive aisle to function as the escape plan as discussed
above. Furthermore, the flip of the site allows the escape lane and the drive-thru exit to pick-up their
order and immediately exit to the south without impeding as many parking spaces. The Applicant
could then designate the parking along the north drive aisle as employee parking to meet the drive-
through establishment specific use standard that states employee parking may be impeded by stacking
lanes (the new order and stacking location along the east and north sides of the building could
impede the parking along the north boundary).
As noted, to make all of this work all of Staff's recommendations should be utilized including the
requirement of clear and visible signage noting the required traffic flow for the site.
The existing Development Agreement requires cross-access through all of the commercial parcels
within the Knighthill Center Subdivision. Staff does not have a copy of said cross-access agreement
but with other applications,the Applicant has shown compliance with this requirement. Staff does not
have concerns with the Applicant complying with the existing requirement.
A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location
and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the submitted plans in
compliance with code.
Pedestrian Walkways: A striped pedestrian walkway is depicted on the site plan from the proposed
building to the multi-use pathway along W. Chinden Blvd. as required by UDC 11-3A-19B.4a. It also
appears there is a sidewalk proposed near the south boundary of the site as a connection to the
sidewalk along Linder Rd.However, it is not clear by the submitted plans where the sidewalk is and
appears to run into the proposed trash enclosure location. Staffs recommended changes would allow
the trash enclosure to be pushed further north enough to allow for an unobstructed sidewalk along
the south boundary of the site. Because it is unclear if the Applicant is proposing a sidewalk along the
south boundary, Staff recommends the Applicant make it clearly visible where the pedestrian facilities
are when revising the site plan; this allows the Applicant to match what is existing along the south
side of the drive aisle along the south boundary of the site.In addition, this pedestrian walkway to
Linder has to traverse a drive aisle and should be distinguished from the driving surface. The
Applicant should also make it clear where a pedestrian connection to the Linder sidewalk is
Page 6
Item 2. EXHIBIT A ■
proposed.
Furthermore, subsection B of this code section requires that the pedestrian walkway be distinguished
from the driving surface by being constructed with pavers, brick, or scored/colored concrete. The
proposed site plan appears to only show striping which does not comply with this code section. The
Applicant should show compliance with this code section with a future CZC submittal.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-3B-8C. Landscaping is depicted on the landscape plan in Section VII.B.
A minimum 5-foot wide landscape buffer is required to be provided along the perimeter of the
parking or other vehicular use areas as set forth in UDC 11-313-8C.1. The proposed parking spaces
align the perimeter of the site which allows the Applicant to utilize the existing street buffer
landscaping as the required landscaping. Staff agrees with this design to maximize the site design.
This code requirement is also applicable along the west boundary of the site where a 12 foot wide
one-way drive is proposed heading south. The submitted plans do not show any perimeter
landscaping along this boundary. Because the adjacent property is owned by the same property
owner and the western drive aisle is intended to always function as a one-way drive aisle, Staff is
amenable to placing the required 5-feet of landscaping on that property instead. With the CZC
submittal, the landscape plan should be revised to show the required 5-foot wide landscape buffer
adjacent to the drive west drive aisle.
Street buffer landscaping, including sidewalks/multi-use pathway, along N. Linder Rd. and W.
Chinden Blvd.were installed with development of the overall subdivision. The submitted landscape
plans show the buffers remaining as it currently exists except for the new pedestrian connection to the
multi-use pathway along Chinden.Proposed buffer landscaping complies with UDC requirements.
Mechanical Equipment: All mechanical equipment adjacent to the building and outdoor service and
equipment should 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 as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be
roof-mount, all equipment should be screened and out of view as noted above.
Building Elevations: The Applicant applied for Design Review concurrently with this CUP
application and therefore provided building elevations to be reviewed. The building elevations were
submitted as shown in Section VII.0 and incorporate two main field materials,fiber cement siding
and stone. The siding and stone are two contrasting colors(coal-like color and white,respectively)
which adds to the overall modern design of the building. On the east and west elevations,the number
of proposed windows can act as either an accent material or a third field material. The lack of
modulation along the north and south elevations are of concern to Staff. hi order to meet the
modulation requirements for these two facades,a column of stone at least 6 inches in depth should be
added to each facade,matching the overall aesthetic by placing them as evenly as possible on each
facade.
The detached drive-through canopy is shown with the same two field materials(fiber cement siding
and stone)as the main building and meets all of the applicable design standards outlined in the
Architectural Standards Manual.
No elevations were submitted that show the proposed trash enclosure; this should be corrected with
the future CZC submittal and should match the style of the proposed building. The submitted
landscape plans do show adequate screening of the trash enclosure.
Certificate of Zoning Compliance: A Certificate of Zoning Compliance application is required to be
submitted for the proposed use prior to submittal of a building permit application to ensure
consistency with the conditions in Section VIII and UDC standards.
Page 7
Item 2. EXHIBIT A ■
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX. The Director has approved the administrative
design review request with conditions.
B. The Meridian Planning&Zoning Commission heard this item on June 17,2021.At the public
hearing.the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing
a. In favor: Erik Wylie.Applicant
b. In opposition:None
c. Commenting: Erik Wylie.
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner.
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. Agreement with Staff s memorandum and recommended changes based on revised site
plan(see revised conditions in Section VIII belowl.
Page 8
Item 2.
EXHIBIT A ■
VII. EXHIBITS
A. Pr-opo d Revised Site Plan(dated: 4,115/20216/07/2021)NOT APPR NIE—P
T 1 T
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PARKING CALCULATIONS:
REQUIRED: I FEK 50051'GROSS SPACES
PROPOSED SITE PLAN FZOVI�,Ci 5011 325=4.G5(5 SPACES RfQU[i
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2 PACES
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8U�FED- I PI2R 21 PURPOSED VEHICLE SPACES
SCALE:1"=20'-0"
V 31714 5TAC 5
Page 9
Item 2. EXHIBIT A 48
B. Proposed Landscape Plan(dated: 4/15/2021)NOT APPROVED
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CONCEPTUAL SITE PLAN POPE-YES
Page 10
Item 2. EXHIBIT A 49
C. Proposed Building Elevations and Color Rendering
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Page 11
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Item 2. EXHIBIT A 51
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the existing Development Agreement(DA
Inst. #114014784), and associated conditions of approval(AZ-06-006; PP-13-031;FP-14-020;
MDA-13-019).
2. The Conditional Use Permit for the proposed Drive-Through Establishment is hereby
approved with the following conditions of approval:
b. The site shall be redesigned per the specific revisions noted below in VIII.A3 and A4
below.
c. The west drive-aisle shall be no less than 20 15 feet in width(not including the drive-
through lane)and the east drive aisle shall be no less than 12 feet in width.
d. The parking spaces along the north boundary shall be row shown as employee
parking only on the revised site plan.
e. Additional signage is required throughout the site to efficiently and adequately direct
patrons to the menu boards and throughout the site with minimal conflict.
f. The proposed off-site east-west drive aisle along Chinden Blvd. shown on the adjacent
property(Parcel#R4995350100) shall be constructed prior to receiving Certificate of
Occupancy, as proposed;
g. Prior to receiving Certificate of Occupancy on the proposed building, a Property
Boundary Adjustment shall be obtained by the Applicant to reflect the new location of
the west property line,as shown on the submitted plans.
3. The site plan submitted with the future Certificate of Zoning Compliance application shall be
revised as follows:
a. Depiet the piek up wifidew on the west side of the building a-ad the mefm bear-d/ofdef
oaken-a fg the r,,,thLnet4heast side of the .,,4da n ;
b. Depiet the nefth f4eing angled pafkiag te be en the west side of the site instead of the
side of the site a-ad angle them setAMetmd;
the site along the nefth drive aisle with the eptien to ineefpefate mer-e landseaping fe
d. Designate the pafkifig aleng the fiefth betmdai=y ef the site as employee efily par-king a*
setAh side ef this shafed drive aisle; depiet these pedestfian walkways a-ad thei
ewmeetions,.1eaf y revisedon �site p s.
f. Per UDC 11-3A-19B.4b, depict pedestrian walkways across driving surfaces to be
constructed with bricks,pavers,and/or colored or scored concrete to clearly delineate the
driving surface from the pedestrian walkway.
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Item 2. EXHIBIT A 52
4. The landscape plan submitted with the future Certificate of Zoning Compliance application
shall be revised as follows:
a. Show compliance with UDC 11-3B-8C by constructing the required 5 feet of perimeter
landscaping along the west boundary adjacent to the revised angled parking location; this
shall be constructed with this application regardless of the property line location because
there is common ownership between the two properties.
5. The elevations submitted with the Administrative Design Review(DES)application are
approved with the following revisions:
a. Ensure the east and west elevations have qualifying modulation per standard 3.1A&
3.1B in the Architectural Standards Manual.It is unclear based on the site plan whether
the portions of the wall with the brick fagade have the qualifying modulation. Any
revisions to the elevations are required with the submittal of the certificate of zoning
compliance application.
6. Submit elevations of the trash enclosure that generally matches the proposed building design.
7. Comply with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment is
required.
8. Comply with the standards listed in UDC 11-4-3-49—Restaurant.
9. A Certificate of Zoning Compliance application shall be submitted and approved for the
proposed use prior to submittal of a building permit application.
10. The conditional use permit is valid for a maximum period of two (2)years unless otherwise
approved by the City. 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 as set forth in UDC 11-5B-6. A time extension may be requested
as set forth in UDC 11-5B-6F.
B. PUBLIC WORKS
1. There are no utilities shown with the plans submitted.Any changes to public water or sewer
infrastructure must be reviewed by Public Works prior to approval.
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=229161&dbid=0&roo=MeridianC
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D. CENTRAL DISTRICT HEALTH(CDH)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=228244&dbid=0&roo=MeridianC
iv
IX. FINDINGS
Conditional Use(UDC 11-5B-6)
Findings: 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.
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Item 2. EXHIBIT A 53
Commission finds the site is large enough to accommodate the proposed development and meet
all dimensional and development regulations of the C-G zoning district if Staffs
recommendations of approval are met.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Commission finds the proposed restaurant and drive-through will be harmonious with the
Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted
in Section VIII of this 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.
With the conditions of approval in Section VIII, Commission finds the design, construction,
operation and maintenance of the proposed use will be compatible with other uses in the general
neighborhood, with the existing and intended character of the vicinity and will not adversely
change the essential character 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.
Commission finds the proposed use will not adversely affect other properties in the vicinity if it
complies with the conditions in Section VIII of this report.
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.
Commission finds the proposed use will be served by essential public facilities and services as
required.
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.
Commission finds the proposed use will not create 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.
Commission finds the proposed use will not be detrimental to any persons,property or the
general welfare by the reasons noted above.
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,eff. 9-
15-2005)
Commission finds the proposed use will not result in the destruction, loss or damage of any such
features.
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