Z - Approved Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H O
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Ten Mile Costa Vida for a new
approximate 8,815-foot multi-tenant building that includes restaurants with a drive-through
located within 300 feet of an existing drive-through facility,residential district, and existing
residence on 1.43 acres of land,Located at 413 S.Innovation Lane in the C-G Zoning District,by
Cushing Terrell.
Case No(s).H-2023-0018
For the Planning& Zoning Commission Hearing Date of: June 15,2023 (Findings on July 6,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 15, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 15, 2023,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 15,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 15,2023,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). [TEN MILE COSTA VIDA CUP#H-2023-00181
Page 1
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 15,2023, 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 15,2023,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 11-513-6.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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [TEN MILE COSTA VIDA CUP#H-2023-00181
Page 2
G. Attached: Staff Report for the hearing date of June 15,2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [TEN MILE COSTA VIDA CUP#H-2023-00181
Page 3
By action of the Planning&Zoning Commission at its regular meeting held on the 6th day of
July ,2023.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Andrew Seal, Chairman 7-6-2023
Attest:
Chris Johnson, City Clerk 7-6-2023
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: 7-6-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [TEN MILE COSTA VIDA CUP#H-2023-00181
Page 4
EXHIBIT A
STAFF REPORT E IDIAN�.
COMMUNITY DEVELOPMENT DEPARTMENT J A H
HEARING June 15,2023 Legend
DATE: CLOUD LN a 0
Project Location _WPE �
TO: Planning&Zoning Commission Z
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FROM: Stacy Hersh,Associate Planner . a
208-884-5533 OR o �' _W_
COBALT
SUBJECT: H-2023-0018—Ten Mile Costa Vida q W DR
CUP o_
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LOCATION: 413 S. Innovation Lane in the W 1/2 of 4i�s vANc �pyF�?
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the Northwest '/4 of Section 14,Townships Z wgygRo
3N.,Range 1W. (Parcel#R8483120120)
I. PROJECT DESCRIPTION
Conditional Use Permit request for a new approximate 8,815-foot multi-tenant building with a drive-through
located within 300 feet of an existing drive-through facility,residential district,and existing residence,on
approximately 1.43 acres of land in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.43 acres(Conditional Use Permit)
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Costa Vida—Multi-tenant building(restaurant with a drive-
through)
Current Zoning C-G
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 3/9/2023
attendees:
Page 1
Description Details Page
History(previous approvals) Annexation(AZ-13-015);Preliminary Plat(PP-13-030);Final
Plat(FP-14-039);H-2020-0074 MDA,PP.RZ(DA#2021-
089157);FP-2022-0009;PS A-2022-0188;CZC,DES A-
2023-0028
B. Community Metrics
Description Details
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Traffic Impact Study No
es/no
Access Access is proposed from S.Innovation Lane(private street)via W.Cobalt Drive at the
(Arterial/Collectors/State North boundary of the site.
Hwy/Local)(Existing
and Proposed)
Trip Generation 856 additional vehicle trips per day;and 111 additional vehicle trips per hour on the PM
peak hour.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend
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Employment
Page 2
Zoning Map Planned Development Map
Legend ���� 0 Legend 7CLOUD LN"Project Location Project Location
C-G
City Limits
Planned Parcels
R-40 R-40
W CO�P��OR O C,OBALT W
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III. APPLICANT INFORMATION
A. Applicant:
Colton Diehl, Cushing Terrell—800 W. Main Street, Boise ID 83702
B. Owner:
Kyle Cooper,Needles Eye Development—22503 Lake Life Lane, Caldwell ID 83607
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/24/2023
Radius notification mailed to
properties within 500 feet 5/25/2023
Public hearing notice sign posted
6/2/2023
on site
Nextdoor posting 5/25/2023
Page 3
V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN):
Land Use:
This property is designated Commercial within the Ten Mile Interchange Specific Area Plan on the
Future Land Use Map (FLUM).
The purpose of the Commerical designation will provide a full range of commercial uses to serve area
residents and visitors. Desired uses may include retail,restaurants,personal and professional services,
and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be
allowed in some cases,but should be careful to promote a high quality of life through thoughtful site
design, connectivity, and amenities.
The subject site is one of multiple commercial zoned and designated properties that surround the
intersection of Ten Mile and Franklin. There is a multitude of commercial uses existing and under
construction with more to come as this area continues to develop. The proposed use of a restaurant with
a drive-through is a desired use designated within the Commercial designation in the Comprehensive
Plan, as noted above. The proposed use, in conjunction with the already approved or constructed uses,
satisfy the general Commercialfuture land use designation for this area. Stafffinds theproposedproject
is generally consistent with the Comprehensive Plan.
COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp-plan):
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):
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and along
streets."(2.01.04B)
All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C.
• "Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City."(3.01.01F)
City water and sewer service stubs have been provided to this site with the development of the
subdivision.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."(3.05.01J)
The proposed drive-through restaurant will contribute to the variety of uses and fast food options in
the Ten Mile Interchange Area of the City.
• "Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments."(3.07.02A).
A 10 foot wide pathway is proposed to be constructed within the buffer area along the entire
frontage of S. Ten Mile Road, as part of the final plat site improvements approved for TM Center
Subdivision No. 1. Additionally, the Applicant is proposing a 5-foot wide pedestrian walkway
along the northern boundary of the site that provides a connection to the front entrance of the
building. This walkway will connect across the private street(S.Innovation Lane) to a 5-foot-
wide attached sidewalk as required by the conditions of approval for the private street.
• "Minimize noise, lighting,and odor disturbances from commercial developments to residential
dwellings by enforcing city code."(5.01.0117)
Operation of the proposed use should comply with City ordinances pertaining to noise, lighting,
and odor disturbances.
Page 4
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT(CUP)
Conditional use permit for a new 8,815 square foot multi-tenant building with a drive-through for a
Costa Vida restaurant on approximately 143 acres of land in the C-G zoning district to allow the
requested drive-through use within 300 feet of another drive-through facility,residential district, and
existing residence.
Specific Use Standards(UDC 11-4-3):
The proposed use is subject to the following standards: (Staffs analysis/comments in italic text)
Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use
standards listed in UDC 11-4-3-11, Drive-Through Establishment. All establishments providing drive-
through service are required to identify the stacking lane,menu, and speaker location(if applicable), and
window location on the site plan. The site plan is also required to demonstrate 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:
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 for the multi-tenant facility includes a separate stacking lane that provides
queuing space for multiple vehicles, which is located before the drive-through window. The drive-
through itself starts at the northside of the building and exits at the south side,facing S. Innovation
Lane. However, Staff has some safety concerns regarding the entry to the drive-through from the north.
At the entrance of the drive-through, vehicles will be entering the drive-through while vehicles are
attempting to park or back out of the Kum and Go parking stalls, north of the stacking lane. To alleviate
some of staffs concerns, the menu board was moved closer to the pick-up window along the west side of
the building to allow ordering to occur away from the parking. Further, staff recommends that the
Applicant install additional signage and parking lot striping to clearly mark and guide traffic safely
throughout the site.
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 designated employee parking.
The stacking lane is a separate lane from the circulation lanes needed for access and parking, except for
the portion adjacent to the Kum and Go site.
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 and an escape lane is required. An escape lane is proposed
prior to approaching the ordering window on the northwest side of the building(see paint striping on
site plan).
5)The site should be designed so that the drive-through is visible from a public street for surveillance
purposes.
The drive-through is located starting on the north side of the building and ending on the south side of the
building. The drive-through is visible from S. Ten Mile Road along the west side of the building for
surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific
Page 5
use standards as required.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49
Restaurant,which requires at a minimum,one(1)parking space to be provided for every 250 square feet of
gross floor area(see parking analysis below). The proposed multi-tenant building will include space to
accommodate Costa Vida and up to two(2) additional tenants upon project completion. NOTE:If the site
was to develop with all restaurant uses,parking is in excess of UDC standards as noted below.
Dimensional Standards (UDC 11-2):
Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC
Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the
required standards.
Access(UDC 11-3A-31:
Access is proposed on the site plan from S. Innovation Lane, a private street on the west side of the property,
and the collector road to the north(W. Cobalt Drive). Vehicles accessing the site will enter from the
northeast or southeast and have the option to park in the lot in front of the drive-through or proceed
northwest along the 12'drive-through lane. This lane merges with the ordering window and allows for
exiting back to the drive aisle in the southeast direction. An escape lane is provided along the west side of
the building,which leads to the drive aisle along the south side of the building. To improve traffic flow and
minimize confusion, it is recommended that the 50 foot wide entrance oin the NEC with the adjacent Kum
and Go site should be reduced to 25 feet.Staff recommends the applicant coordinate with the Kum and Go
reps on the redesign of this shared driveway.Staff entailed the proposed site plan to the Kum and Go
engineers and they are analyzing the request.Additionally, there appear to be two right-lane turn-only
lanes,Staff recommends that one of these lanes be removed to prevent confusion for drivers entering and
exiting the site.
Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress easement to
adjoining properties to the north and south[R8483120140&R84831201051 and submit copy of said
easement to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. Direct access
via S. Ten Mile Road is prohibited.
Parking(UDC 11-3C):
A minimum of one(1) off-street parking space is required per 250 square feet(s.f.) of gross floor area. Based
on the 8,815-foot multi-tenant building, a minimum of 35 parking spaces are required. A total of 55 parking
spaces are proposed, exceeding UDC standards.
A minimum of one(1)bicycle parking space must 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 plans submitted with this application that meet
the requirements. A detail of the bicycle racks is provided on the landscape plan submitted and appears to
be in compliance with this standard
Pedestrian Walkways: The proposed plan includes a pedestrian walkway that will run from the northeast
side of the building across S. Innovation Lane.Where pedestrian walkways cross vehicular driving surfaces,
they're required to be distinguished from the vehicular driving surface through the use of pavers,colored or
scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The site/landscapeplan submitted with the
Certificate of Zoning Compliance application should reflect compliance with this standard—theproposed
striping of the crosswalk is not an approved material and should be revised to comply with this standard.
Landscaping(UDC 11-381:
Street buffer: The street buffer along S. Ten Mile Road and W. Cobalt Drive was constructed with the
improvements for the Ten Mile Creek Subdivision No. 1 for the common area site improvements 'Parking
Page 6
lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-8C.1. The submitted
landscape plan appears to be in compliance with this standard.
Outdoor Lighting(UDC 11-3A-11):
All outdoor lighting is required to comply with the standards listed in UDC I I-3A-I IC. Light fixtures that
have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;
the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-I IC.
Details of the lighting proposed on the site shall demonstrate compliance with the standards listed in UDC
11-3A-11 and should be submitted with the Certificate of Zoning Compliance application.
Mechanical Equipment: All mechanical equipment on the back of 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(UDC 11-3A-19 I Architectural Standards Manuan:
Conceptual building elevations were submitted for the proposed structure as shown in Section VII.C.
Building materials consist of EIFS, stucco,metal roofing ribbed metal paneling,wood metal panels,metal
awnings, and glazing. Final design is required to comply with the adopted TM Crossing Design Guidelines.
Certificate of Zoning Compliance(UDC 11-5B-1):
A Certificate of Zoning Compliance(CZC) and Design Review were approved for this site and building(A-
2023-0028). The Applicant shall submit a revised site plan to reflect Staff's recommended changes for the
proposed use prior to the submittal of a building permit application to ensure compliance with UDC
standards and the conditions listed in Section IX.
VII. DECISION
A. Staff:
Staff recommends approval of the Conditional Use Permit per the provisions included in Section IX in
accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on June 15,2023.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: Kyle Cooper, Costa Vida
b. In opposition:None
C. Commenting: Kyle Cooper,Costa Vida
d. Written testimony: None
e. Staff presenting application: Stacy Hersh.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. None
Page 7
VIII. EXHIBITS
A. Site Plan(date: 3/23/23)
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Page 8
B. Lanscape Plan(date: 3/23/23)
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LANDSCAPE PLAN
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Page 9
C. Costa Vida Proposed Elevations
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Page 10
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Conditional Use Permit:
1. Future development of this site shall comply with the previous conditions of approval and terms of
the existing Development Agreement and the conditions contained herein[H-2020-0074 MDA. PP.
RZ(DA#2021-089157);FP-2022-0009;PS A-2022-0188; CZC,DES A-2023-00281.
2. The site plan and landscape plan approved with the Certificate of Zoning Compliance application
(A-2023-0028) shall be revised as follows:
a. All mechanical equipment on the back of the building and outdoor service and equipment areas
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.
b. Additional signage and parking lot striping is required throughout the site to efficiently and
adequately direct patrons to the menu boards and throughout the site with minimal conflict.
c. Coordiante with the Kum and Go respresentatives to reduce the 50-foot wide entrance on the
northeast to 25-feet in width to minimize potential conflicts with vehicles entering and exiting
the site.
d. The pedestrian walkway from the perimeter sidewalk across S. Innovation Lane to the main
building entrance shall be distinguished from the vehicular driving surface through the use of
pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4b.
3. The existing landscaping buffers along S. Ten Mile Road and W. Cobalt Drive remain in place and
shall be protected during construction on the site per UDC 11-3B-10.
4. Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment and
standards listed in UDC 11-4-3-49—Restaurant is required.
4. Direct access via S. Ten Mile Road is prohibited. The applicant shall provide written documentation
of the recorded cross-access easement at the time of Certificate of Occupancy of the future building.
5. A Certificate of Zoning Compliance application shall be submitted and approved for the proposed
use prior to submittal of a building permit application. Compliance with the design guidelines in the
Ten Mile Interchange Specific Area Plan and the design standards listed in the Architectural
Standards Manual as applicable is required.
6. 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 11-513-6F.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1.
General Conditions of Approval
1. 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
Page 11
single utility,or 30-feet wide for two. 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.
2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source
of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water
for the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized,the developer will be
responsible for the payment of assessments for the common areas prior to prior to receiving
development plan approval.
3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of
street addressing to be in compliance with MCC.
4. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC
11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
5. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in
the development, and if so,how they will continue to be used, or provide record of their
abandonment.
6. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections(208)375-5211.
7. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures.
8. 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.
9. It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
I t. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill,where footing would sit atop fill material.
13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans. This certification will be required before a certificate of occupancy
is issued for any structures within the project.
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C. FIRE DEPARTMENT
No comments were submitted.
D. POLICE DEPARTMENT
No comments were submitted.
E. VALLEY REGIONAL TRANSIT
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=298049&dbid=0&repo=MeridianCitX
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=295721&dbid=0&repo=MeridianCity
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=295141&dbid=0&repo=MeridianCitX
H. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.orglWebLinklDoc View.aspx?id=297171&dbid=0&repo=MeridianCitX
X. FINDINGS
A. Conditional Use Permit(UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests 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.
Staff finds that the subject property is large enough to accommodate the proposed use and dimensional
and development regulations of the C-G district(see Analysis, Section VI for more information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the
requirements of this Title.
Staff ,finds the proposed restaurant with a drive-through will be harmonious with the uses allowed in the
Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in
Section VI 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.
Stafffinds the design, construction, operation and maintenance of the proposed use will be 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.
Staff 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.
5. That the proposed use will be served adequately by essential public facilities and services such as
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highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal,
water, and sewer.
Staff ,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.
Staff 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.
Staff 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, ef£ 9-15-2005).
Staff finds the proposed use will not result in the destruction, loss or damage of any such features.
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