Chik-fil-A at Ten Mile (H-2023-0054) 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 a Conditional Use Permit for Chick-fil-A including a dual drive-
through, full fire escape lane, and two exterior drive-thru canopies located within 300 feet
of an existing drive-through facility, residential district, and existing residence,Located at
501,567,and 609 S.Innovation Lane on 2.26 acres of land in the C-G Zoning District,by 4G
Development and Consulting,Inc.
Case No(s).H-2023-0054
For the Planning& Zoning Commission Hearing Date of: November 16,2023 (Findings on
December 7,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of November 16,2023, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 16, 2023, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of November 16,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 16, 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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Chick-fil-A at Ten Mile CUP file#H-2023-0054]
Page 1
F79
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.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of November 16, 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 § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of November 16, 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 11-5B-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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Chick-fil-A at Ten Mile CUP file#H-2023-0054]
Page 2 ■
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.
G. Attached: Staff Report for the hearing date of November 16,2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Chick-fil-A at Ten Mile CUP file#H-2023-0054]
Page 3 ■
By action of the Planning&Zoning Commission at its regular meeting held on the 7th day of
December ,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 12-7-2023
Attest:
Chris Johnson, City Clerk 12-7-2023
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: 12-7-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Chick-fil-A at Ten Mile CUP file#H-2023-0054]
Page 4 ■
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING November 16, 2023 Legend -►�
DATE: r Project Location
TO: Planning&Zoning Commission
FROM: Stacy Hersh,Associate Planner
208-884-5533
SUBJECT: Chick-fil-A at Ten Mile CUP
H-2023-0054
LOCATION: 501, 567,and 609 S.Innovation Lane in
the W 1/2 of the Northwest 1/4 of SectionI
14, Township 3N.,Range 1W. (Parcel
#R8483120120,R8483120040, '
R8483120060)
I. PROJECT DESCRIPTION
Conditional Use Permit request for a new approximate 5,872-square foot Chick-fil-A including a dual drive-
thru,full fire escape lane,and two exterior drive-thru canopies located within 300 feet of an existing drive-
through facility,residential district, and existing residence, on approximately 2.36 acres of land in the C-G
zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 2.36 acres(Conditional Use Permit)
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Chick-fil-A(restaurant with a drive-through)
Current Zoning C-G
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 6/30/2023
attendees:
Description Details Page
History(previous approvals) H-2020-0074 MDA, PP,RZ(DA#2021-089157);FP-2022-
0009;PS A-2022-0188.
Pagel
83
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 S.Vanguard Way at the
(Arterial/Collectors/State South boundary of the site.
Hwy/Local)(Existing
and Proposed)
C. Project Area Maps
Future Land Use Map Aerial Map
Legend 0 Legend ..
Project Location Project Location .
� High`D'ensity
Residential
MU-Res
ommercial � -_
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MU-Com Med-High'
Density —
Residential
High Density r- -- `.
Employment
-MU'N~ Mined Employment- - } ��
Page 2
84
Zoning Map Planned Development Map
Li
Legend 0 Legend - 0
FOProject Location RUT Project Location
C-C City Limits
C-G
R-40 C-G —Planned Parcels " '"
R-40 R-40
RUT C-G
TN-C
TN-C TN-R
R-15 C-C C=G
R-8
M-E C-C
H-E H-E R1 '0 0 0
❑ o
R1 M-E RUT
III. APPLICANT INFORMATION
A. Applicant:
Kevin Watson,4G Development and Consulting,Inc.—P.O. Box 270571, San Diego, CA 92198
B. Owner:
Sabrina Wright,Chick-fil-A— 105 Progress, Irvine, CA 92198
C. Agent/Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification
Radius notification mailed to
properties within 500 feet 10/27/2023
Public hearing notice sign posted
11/6/2023
on site
Nextdoor posting 10/27/2023
V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAI�:
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
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85
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 commercially zoned and designated properties that surround the
intersection of Ten Mile, Franklin, and the I-84 Interchange. 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 outlined within the Commercial designation in the
Comprehensive Plan, as noted above. The proposed use, in conjunction with the already approved or
constructed uses, satisfies the general Commercial future land use designation for this area. Stafffinds
the proposed project 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
extending from the main sidewalk along S. Vanguard Way located on the southern boundary of
the site. The pedestrian facility provides a connection passing through the drive-through lanes
to the front entrance of the building.
• "Minimize noise, lighting,and odor disturbances from commercial developments to residential
dwellings by enforcing city code."(5.01.01F)
Operation of the proposed use should comply with City ordinances pertaining to noise, lighting,
and odor disturbances.
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT(CUP)
Conditional use permit for a new 5,872-square foot Chick-fil-A restaurant including a dual drive-thru,
full fire escape lane, and two exterior drive-thru canopies on approximately 2.36 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):
Page 4
86
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:Staff recommends signage be
installed ahead of each crossing warning drivers to watch out for pedestrians(north & South). Staff
finds that the parking stalls to the north or south should be restricted for employee parking only to
maximize pedestrian safety. Additionally,Staff recommends that the Applicant incorporate a
pedestrian walkway from the easternmost parking area, through the middle of the parking lot, leading
to the front of the building to facilitate safe pedestrian access (see figure below).
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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 restaurant includes a dual drive-through lane with space to queue 37
vehicles and a third fire escape lane provided on the outside of the entire length of the drive-through.
The drive-through itself starts at the north side 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/exiting the drive-through while
vehicles are attempting to park or back out of the parking stalls along the northern boundary. Staff
recommends that the entry/exit on the north should be designated as"entrance only"for the drive-
through to clearly mark and direct traffic flow. Further, staff recommends that the Applicant install
additional signage andparking lot striping to clearly mark and guide traffic safely throughout the site.
Chick-fil-A operations utilize a drive-through system featuring a door with a built-in pickup window.
Additionally, employees serve customers as food runners within designated areas in or around the drive-
through lanes. Customers have multiple options for placing orders in the drive-through. They can
Page 5
87
either use digital menu boards with speakers or directly engage with employees equipped with handheld
computer pads and portable receipt printers. Employees are equipped to take all methods of payment in
the drive-through area. Once the order is placed using one of the above methods, the customer will
proceed to move forward in the queue approaching the order pick-up area at the end of the drive-
through. At this point, an employee will then hand or a runner will deliver the customer their order to
their vehicle and direct cars safely through the drive-through exit.
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 lanes are separate lanes from the circulation lanes needed for access and parking.
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 at
the entrance on the northwest side of the building(see 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
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 restaurant will include 90 indoor seats and 32
patio seats to accommodate customers.
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. The building is currently located on multiple property lines. Staff recommends that the
Applicant submit a property boundary adjustment to combine all three properties into one property
(parcels#R8483120120,R8483120040,R8483120060)prior to submitting for a Certificate of Zoning
Compliance(CZC).
Access(UDC 11-3A-3):
The site plan includes three access points from S. Innovation Lane, a private street located on the eastern side
og the property. Vehicles accessing the site can do so from the northeast, east, or southeast and have the
option to park in the lot in front of building or proceed northwest to one of the first two inner 10'drive-
through lanes. These lanes are equipped with menu boards for ordering and allow for exiting back to the
drive aisle in the southeast direction. The third lane,farthest from the building, serves as an escape lane,
leading to the drive aisle along the south side of the building. To improve traffic flow and minimize
confusion, it is recommended that the first entrance%xit at the NEC should be an "entrance only"as
mentioned previouslyNote: While Staff recommends approval of three drive-through lanes for this project
to accommodate the volume of business that Chick-fil-A generates, Commission ultimately has the
authority to determine whether it is appropriate for this project.
Page 6
sa
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 5,872-square-foot restaurant, a minimum of 23 parking spaces are required. A total of 97 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 shall be provided on the landscape plan submitted with the
future Certificate of Zoning Compliance and Design Review Application.
Pedestrian Walkways(UDC 11-3A-19):
The proposed plan includes a pedestrian walkway from the main walkway along S. Vanguard Way
connecting to the south side of the building across the drive-through lanes. 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/landscape
plan submitted with the Certificate of Zoning Compliance application should reflect compliance with this
standard—the proposed striping of the crosswalk is not an approved material and should be revised to
comply with this standard
Landscaping(UDC 11-3B):
Street buffer: The street buffer along S. Ten Mile Road and S. Vanguard Way was constructed with the
improvements for the Ten Mile Creek Subdivision No. 1 for the common area site improvements. The buffer
along S. Ten Mile Road is required to be 35 feet wide as part of the entryway corridor in accordance with
UDC 11-3B-7C.f. The buffer appears to be 35 feet in width, which includes the 10 foot wide pathway and
the additional street buffer that was constructed with the subdivision improvements.Moreover, the
landscape plan is missing the planting detail and the landscape calculations table. Staff recommends that
the Applicant depict the 35 foot wide landscape buffer,planting detail, and calculation table on the plans
submitted with the CZC application.
Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-313-8C.1. Each interior
planter that serves a single row of parking spaces shall be landscaped with at least one (1)tree and shall be
covered with low shrubs, lawn, or other vegetative ground cover. Each interior planter that serves a double
row of parking spaces shall have at least two (2)trees and shall be covered with low shrubs, lawn, or other
vegetative ground cover. Trees shall be centered within the planters and provide urban canopy. Deciduous
urban canopy trees shall be pruned to a minimum height of eight(8) feet above the adjacent parking areas.
Evergreen trees and class III trees are prohibited in interior planters. Several planters within the parking
lot that are missing trees and aplanter is missing adjacent to the trash enclosure. Additionally, it appears
that a section of the central landscape island that runs along Innovation Lane does not look to meet the 5-
foot width requirement. Staff recommends increaseing the size of the planter island adjacent to
Innovation Lane by removing a parking stall and adding the required trees in accordance with UDC H-
3B-8. As part of the CZC submittal for the building, the Applicant should address the absence of the
required trees(approximately 4 trees)from the planters. furthermore, an additional planter should be
added adjacent to the trash enclosure in accordance with UDC 11-3B-8(see figure below).
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Outdoor Lighting(UDC 11-3A-11):
All outdoor lighting is required to comply with the standards listed in UDC 11-3A-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-11C.
Details of the lighting wereprovided that demonstrate compliance with the standards listed in UDC H-
3A-11.
Mechanical Equipment(UDC 11-3A-12):
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 Manual):
Conceptual building elevations were submitted for the proposed structure as shown in Section VII.C.
Building materials consist of stucco,parapet metal wall coping,thin brick,metal awnings, and glazing.
The proposed conceptual elevations are not approved.The conceptual elevations should incorporate a
more pronounced parapet change to enhance the design on the west-facing side along S. Ten Mile
Road,in contrast to the current proposal. Final design is required to comply with the adopted TM
Crossing Design Guidelines.
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90
Certificate of Zoning Compliance(UDC 11-5B-1):
A Certificate of Zoning Compliance(CZC) is required to be submitted for approval of the site and building
design prior to submittal of building permit applications.
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 November 16,2023. 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: Kevin Watson,4D Development and Consulting Inc.: Sabrina Wright,Chick-
fil-A Development Lead
b. In opposition:None
C. Commenting: None
d. Written testimony: None
e. Staff presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application: Bill Parsons,Planning Supervisor
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission.
a. Pedestrian safety from the parking lot to the building.
b. Traffic concerns within the parking lot during peak hours.
The north access point serves as both an entrance and exit,raisinf concers about traffic
and pedestrian as customers exit and maneuver in and out of the parking stalls on the
north side.
4. Commission change(s)to Staff recommendation:
a. Strike the word"additional"in condition 2.b.
b. Strike condition 2.c in it's entirety,which states"The entry/exit on the north side of the,
site shall be designated as"entrance only"for the drive-through to provide clear
direction and control traffic flow."
C. Strike the first sentence in condition 2.g,which states,"Incorporate a pedestrian
walkway from the easternmost parking area,through the middle of the parking lot,
leading to the front of the building to facilitate safe pedestrian access.".the Applicant
shall continue to work with Planning Staff to resolve pedestrian circulation concerns
within the parking lot.
d. Revise condition 6. to read"Submit a property boundary adjustment to combine all three
properties into one property(parcels#R8483120120,R8483120040, R8483120060)
prior to issuance of a building permit.
e. Strike the first sentence in condition 7.,which states, "The conceptual elevations shall
incorporate a more pronounced parapet change to enhance the design on the west-facing
side along S. Ten Mile Road, in contrast to the current proposal."
Page 9
91
VIII. EXHIBITS
A. Site Plan(date: 9/27/2023)
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C. Chick-fil-A Proposed Elevations
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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 rL-2020-0074 MDA. PP.
RZ(DA#2021-089157);FP-2022-0009;PS A-2022-01881.
2. The site landscape plans 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. ^aa'�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. The entt=ylexit on the aefth side of the site shall be designated as" only" f6f the drive
d. Add an additional planter adjacent to the trash enclosure in accordance with UDC 11-3B-8
e. Revise the section of the central landscape island that runs along Innovation Lane to meet the 5-
foot width requirement in accordance with UDC 11-313-8.
e. Depict the 35-foot wide landscape buffer,planting detail, and tree calculation table on the plans
submitted with the CZC application in accordance with 11-3B-7.
f. Revise the plans to expand the size of the planter island adjacent to Innovation Lane by
removing a parking stall and adding the required trees,including the required trees missing form
the parking lot planters in accordance with UDC 11-3B-8.
g•
,,.v;, g lot leading to the f en4, fthe building to f6ei ita4e safe„egos+..ia aeeess. The
Applicant shall continue to work with Planning Staff to resolve pedestrian circulation concerns
within the parking lot. The pedestrian walkways from the perimeter sidewalk 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-1913.4b.
3. The existing landscaping buffers along S. Ten Mile Road and S. Vanguard Way 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.
5. Direct access via S. Ten Mile Road is prohibited.
6. Submit a property boundary adjustment to combine all three properties into one property(parcels
#R8483120120, R8483120040,R8483120060)prior to issuance of a building permit.
Zn
7.
design en the west f4eing side along S. Ten Mile Read,in . Final
design is required to comply with the adopted TM Crossing Design Guidelines.
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8. 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 TM Crossing Design
Guidelines are required.
9. 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
https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=309068&dbid=0&repo=MeridianCity
C. FIRE DEPARTMENT
A full fire plan review will be required to be completed prio to construction.
D. POLICE DEPARTMENT
No comments were submitted.
E. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=309566&dbid=0&repo=MeridianCity
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
No comments were submitted.
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=310947&dbid=0&r0o=MeridianCitX
H. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=309479&dbid=0&repo=MeridianCity
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.
Stafffinds 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 IX of this report.
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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.
Staff finds 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
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.
Stafffinds 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).
Stafffinds the proposed use will not result in the destruction, loss or damage of any such features.
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