Jack in the Box CUP-10-012CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS E IDIAN~--
OF LAW AND t [') A H O
DECISION & ORDER
In the Matter of Conditional Use Permit for a Restaurant with a Drive Through, Located
at 1815 S. Meridian Road in the C-G Zoning District, by Stantec Architecture, Inc.
Case No(s). CUP-10-012
For the Planning & Zoning Commission Hearing Date of: November 18, 2010 (Findings on
November 30, 2010)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of November 18, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 18, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 18, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 18, 2010, 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 August 6,
2002, Resolution No. 02-382 and Maps..
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-012
Page 1
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.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of November 18, 2010, 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-SA 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 conditionally approved per
the conditions of approval in the attached staff report for the hearing date of November
18, 2010, 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. 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.
Upon written request and filed by the applicant prior to the termination of the period in
accord with 11-SB-6.G.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 maybe
granted. With all extensions, the Director or Commission may require the conditional
use comply with the current provisions of Meridian City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-IO-012
Page 2
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of November 18, 2010
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-IO-012
Page 3
~ c.C1
By action of the Planning & Zoning Commission at its regular meeting held on the
day of ~~ [~ ~`~ ~~~~ ~' , 2010.
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER SCOTT FREEMAN
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
Attest:
City Clerk
Copy served upon Applicant,
Attorney.
VOTED C~ G~
VOTED ~
VOTED~~~
VOTED ~~,~',~~
VOTED ~ ~ . ~ '~
~'~ C AIRMAN MIC EL RO M
TFO
= REAL
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,,~~ AUNTY ~O ,,.
The Plannirig'Dap~,rtraa~~l~;~ Public Works Department and City
By:~, ~ ~'~ ~ d' ~~,,1 n l~ Dated: ~~~ - ~-- `~
City Clerk's Office ~'`
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-012
Page 4
EXHIBIT A
STAFF REPORT Hearing Date: November 18, 2010
TO: Planning & Zoning Commission E ~~~,,~~~
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: CUP-10-012/DES-10-046 -Jack in the Box
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Stantec Architecture, Inc., has applied for conditional use permit (CUP) approval of a
restaurant with a drive through in a C-G zoning district within 300' of a residential district and
existing residences, as required by UDC 11-4-3-11 and the development agreement for this property.
Design Review approval is also requested for the proposed structure and site as required by UDC 11-
SB-8. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff has approved the applicant's request for DES approval and recommends approval of the
proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions
of Law in Exhibit D of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on November 18, 2010. At the
public hearing, they moved to approve CUP-10-012.
a. Summary of Commission Public Hearing:
i. In favor: Jeff Huber; Richard Dugie
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Richard Dugie, Stantec Architecture
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Elevation difference between the subject property and the residences to the
south and the commercial property to the west;
ii. Noise generated from the drive-through and its potential adverse affect on the
residences to the south;
iii. Hours of operation of the drive-through.
c. Key Commission Changes to Staff Recommendation:
i. Strike condition #1.4 (pg. 13) which restricts the hours of operation of the drive-
through. The Commission approved the applicant's request for the drive-throuSh
to operate 24 haurs a day.
ii. Modify condition #1.6 (pg. 13) to allow the applicant to submit for certificate of
zoning compliance with the property in its current configuration as an
alternative to obtaining approval of a property boundary adjustment prior to
issuance of a Certificate of Zoning Compliance application.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-10-
012 as presented in the staff report for the hearing date of November 18, 2010, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
PAGE1
EXHIBIT A
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on December 2, 2010.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-10-012 as
presented during the hearing on November 18, 2010, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-10-012 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
1815 S. Meridian Road (Parcel #85652350050)
Located in the northeast '/ of Section 24, Township 3 North, Range 1 West
B. Owner(s):
William & Mary Howell
495 White Cloud Drive
Boise, ID 83709
C. Applicant:
Stantec Architecture, Inc.
12034 134`h Court NE
Redmond, WA 98052
D. Representative:
Richard Dugie, Stantec Architecture, Inc.
12034 134' Court NE
Redmond, WA 98052
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: November 1, and 15, 2010
C. Radius notices mailed to properties within 300 feet on: October 28, 2010
D. Applicant posted notice on site by: November 5, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General
Retail and Service Commercial) zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Walgreen's retail store & pharmacy, zoned C-G
PAGE 2
EXHIBIT A
South: Residences in Elk Run Subdivision, zoned R-8
East: Variety of commercial uses, zoned C-G
West: Undeveloped commercial property, zoned C-G
C. History of Previous Actions:
• In 2005, this property was annexed (AZ-04-031) with a development agreement (Inst.
No. 105134293) as part of the Meridian Gateway project and zoned C-G.
• In 2006, a variance (VAR-OS-027) was approved for aright-in/right-out access driveway
to/from the site via S. Meridian Road/SH 69.
• In 2007, a preliminary plat (PP-07-003) consisting of 6 commercial building lots on 8.06
acres of land was approved for Medina Subdivision. Concurrently, a development
agreement modification (MI-07-002) was approved to allow aright-in/right-out access
driveway to the site from S. Meridian Road/SH 69 (Inst. No. 107099630).
• In 2007, a final plat (FP-07-013) consisting of 6 commercial building lots on 8.06 acres
of land was approved for Medina Subdivision. This plat has been recorded.
D. Utilities:
1. Public Works:
a. Location of sewer: S. Meridian Road
b. Location of water: S. Meridian Road
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodplain.
F. Access: Access for this site is depicted on the site plan via S. Meridian Road/SH 69.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map.
Per the Comprehensive Plan (page 105), commercial designated areas, "will provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi-family residential, as well as appropriate public uses such as government
offices. Within this land use category, specific zones may be created to focus commercial activities
unique to their locations. These zones may include neighborhood commercial uses focusing on
specialized service for residential areas adjacent to that zone."
The proposed restaurant with a drive through will provide a service to area residents and visitors
consistent with the Commercial designation for this site.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
PAGE 3
EXHIBIT A
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
• Sanitary sewer and water service will be extended to the property.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadway adjacent to the subject lands are currently owned and maintained by the Idaho
Transportation Department (ITD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
• The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will continue to be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail
opportunities within the Impact Area.
Staff believes the proposed restaurant with adrive-through will contribute to the variety of
commercial opportunities available within the City and the immediate area.
Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff believes the proposed use of this property is compatible with surrounding existing and
future commercial and residential uses as long as the applicant complies with the conditions in
Exhibit B. There is commercial development across Meridian Road and the adjacent commercial
site (Walgreens) is retail and has a drive up window. There will also most likely be another
commercial use to the south of this property in the future.
• Chapter VII, Goal N, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on
collectors and arterial streets.
Access for this site is provided via one right-in/right out-out access to/from S Meridian Road/SH
69; a variance (VAR-OS-027) for access was approved in 2007. No additional access points via S.
Meridian Road/SH 69 are proposed or approved with this application. Access is also available
to/from Overland Road via across-access easement.
• "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action #12).
A blanket cross-access/ingress-egress easement is depicted on the Medina Subdivision plat for all
lots in the subdivision.
Chapter VII, Goal IV, Objective D, Action 5 (page 114) -Require appropriate landscape and
buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).
A landscape buffer exists along S. Meridian Road/SH 69, an arterial street, as required by UDC
Table 11-2B-3 and approved by ALT-07-021.
PAGE 4
EXHIBIT A
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action 5)
In addition to the required street buffer landscaping, the applicant is responsible for installing
parking lot landscaping in accord with the standards listed in UDC 11-3B-8. Staff has reviewed
the submitted landscape plan and finds it substantially complies with the aforementioned
requirements.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the principal permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. The proposed restaurant is
listed as a principal permitted use in the C-G district; however, drive through establishments
require conditional use approval when located within 300 feet of another drive through
establishment, an existing residence, or residential district. There are existing residences and
residential zoning approximately 140 feet to the south of the subject property. Development of
the site is subject to the specific use standards for drive through establishments listed in UDC 11-
4-3-11.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 35 feet along S. Meridian Road1SH 69 (a reduction in the width of a
portion of the buffer was approved with ALT-07-021)
2. Width of buffer(s) between land uses: 25 feet to residential uses
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500
square feet of gross floor area in commercial districts for non-residential uses. The total square
footage of the proposed building is 2,370, thus five (5) parking stalls are required. A total of 14
parking stalls, including 2 handicap stalls, are provided on the site, which exceeds the UDC
requirements.
UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle
parking spaces or portion thereof. Based on 14 parking stalls, a minimum of 1 bicycle parking
space is required in accord with the standards listed in UDC 11-3C-SC.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. CONDITIONAL USE PERMIT (CUP): A CUP is proposed fora 2, 370 square foot restaurant
with adrive-through window in a C-G zoning district, in accord with UDC Table 11-2B-2
and 11-4-3-11.
PAGE 5
EXHIBIT A
Additionally, the development agreement (DA) approved with the annexation of this property
requires CUP approval of all future uses on the site. Therefore, a CUP is required for the
proposed restaurant use as a whole in addition to the drive through use. A conceptual
development plan was submitted with the annexation application for the Meridian Gateway
property as a whole but was only for annexation purposes; the DA did not require the site to
develop consistent with the plan. Instead, a provision of the DA requires all future uses to
obtain CUP approval with a detailed development plan.
Site Plan: The applicant has submitted a site plan that depicts how the site is proposed to
develop with a structure, parking, planter islands, and adrive-through.
The applicant only proposes to purchase and develop the northern 98+/- feet of Lot 5, Block
1 as shown on the site plan; there is approximately 140 feet separating the proposed southern
property boundary from the existing residences to the south. A property boundary adjustment
application is required to be approved and finalized in accord with UDC 11-6B-8C prior to
issuance of Certificate of Zoning Compliance for this site.
Specific Use Standards: There are specific use standards listed in UDC 11-4-3-11 that apply
to drive-through establishments. The applicant will be required to submit a site plan that
demonstrates compliance with those standards with the Certificate of Zoning Compliance
application for the proposed use.
Per UDC 11-4-3-11, the following Specific Use Standards apply to the proposed drive-
through use of the property as follows:
A. All establishments providing drive-through service shall identify the stacking lane,
speaker location, and window location on the plans submitted with the Certificate of
Zoning Compliance application. The stacking lane is shown on the site plan;
however, the speaker and window locations are not specifically called out on the site
plan; these items should be included on a revised site plan submitted with the
Certificate of Zoning Compliance (CZC) application.
B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of--way by patrons. The stacking lane is located along the south and west sides
of the proposed restaurant. Staff is of the opinion there is sufficient stacking capacity
for the proposed drive-through and will not obstruct the adjacent driveway.
C. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. The stacking lane is separate from the circulation lanes needed for
access and parking on the site thus complying with this requirement.
D. The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence. The proposed stacking lane is not within 10' of a residential
district or residence; the closest residence is approximately 146 feet (146) from the
stacking lane.
E. Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane. The proposed site plan depicts a stacking lane greater than 100 feet in
length; however, there is an escape exit approximately 80 feet back from the window.
F. A letter from the Transportation Authority indicating the site plan is in compliance
with the authority's standards and policies shall be required. Comments have not yet
been received from ITD on this application.
Hours of Operation: The proposed hours of operation for the sit down portion of the restaurant
are from 6 am to 12 am Monday thru Friday and 6 am to 2 am Saturday and Sunday. The
proposed hours of operation for the drive-through are 24 hours a day 7 days a week.
PAGE 6
EXHIBIT A
Although the C-G district does not restrict business hours of operation, the Planning Department
and Police Department are concerned that noise generated from the drive-through and two
speakers will adversely affect the existing residents to the south in Elk Run Subdivision.
For this reason, staff recommends the hours of operation of the drive-through are limited to the
hours between 6:00 am and 11:00 pm consistent with Meridian City Code 6-3-6: Noises Creating
Public Disturbance.
Landscaping: The street buffer landscaping along S. Meridian Road was installed with
development of the subdivision. Per UDC 11-3B-7C.3, a minimum of 1 tree per 35 linear feet is
required within the buffer. Per this requirement, a minimum of one additional tree needs to be
installed within the street buffer.
Per UDC 11-3B-8C.2d, each interior planter island in the parking lot that serves a single row of
parking is required to be landscaped with at least one tree. In accord with this requirement, one
tree is required at the west end of the row of parking on the north side of the building and one tree
is required at the north end of the row of parking on the east side of the building along Meridian
Road.
Sidewalk: A 10-foot wide detached sidewalk exists within the street buffer along S. Meridian
Road/SH 55, in accord with UDC 11-3A-17 and 11-3H-4C.3.
Access: Access to this site is depicted on the site plan via one right-in/right-out access driveway
to/from S. Meridian Road/SH 55. This access was approved in 2006 by ITD and the City (VAR-
OS-027). Access is also available via one right-in/right-out driveway to/from Overland Road
through across-access easement for all lots within this subdivision.
Parking: The off-street vehicle parking shown on the site plan complies with the standards listed
in UDC 11-3C-6B.
Per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 proposed
vehicle parking spaces or portion thereof. Based on 14 parking stalls, a minimum of 1 bicycle
parking space is required in accord with the standards listed in UDC 11-3C-SC.
2. DESIGN REVIEW (DES): Design Review approval is also requested for the proposed structure
and site, as required by UDC 11-SB-8 in accord with the standards listed in UDC 11-3A-19 and
the guidelines listed in the City's Design Manual.
Staff has reviewed the design standards listed in UDC 11-3A-19 and found the site to be in
compliance with all standards except the following: The internal pedestrian walkway from the
perimeter sidewalk along Meridian Road to the main building entrance is required to be
distinguished from the vehicular driving surface through the use of pavers, colored or scored
concrete, or bricks in accord with UDC 11-3A-19A4b; the site plan should be revised
accordingly.
Staff has reviewed the design guidelines listed in the City's Design Manual for urban/suburban
developments and found the proposed site design and structure to be in general compliance with
these guidelines.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan (date: September 22, 2010)
3. Landscape Plan (date: September 22, 2010)
PAGE 7
EXHIBIT A
4. Building Elevations (dated: September 22, 2010)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
8. Idaho Transportation Department
C. Required Findings from Unified Development Code
PAGE 8
EXHIBIT A
Exhibit A.l: Vicinity Map
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PAGE9
EXHIBIT A
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan prepared by Stantec, dated September 22, 2010, included in Exhibit A.2 shall be
revised as follows:
a. .The speaker and drive-through window locations shall be included on the site plan in accord
with UDC 11-4-3-11C.
b. Provide a bicycle parking facility capable of holding a minimum of one bicycle per UDC 11-
3C-6G, in accord with the standards listed in UDC 11-3C-SC.
c. The internal pedestrian walkway from the perimeter sidewalk along Meridian Road to the
main building entrance is required to be distinguished from the vehicular driving surface
through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-
19A4b.
1.2 The landscape plan prepared by Stantec, dated September 22, 2010, included in Exhibit A.3 shall
be revised as follows:
a. One tree is required within the planter island at the west end of the row of parking on the
north side of the building and one tree is required within the planter island at the north end of
the row of parking on the east side of the building along Meridian Road, in accord with UDC
11-3B-8Cd.
b. A minimum of one tree is required to be installed within the street buffer along Meridian
Road as required by UDC 11-3B-7C.
1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for drive
through establishments. The applicant shall submit a site plan that demonstrates compliance with
these standards with the Certificate of Zoning Compliance application for the proposed use.
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1.5 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate
of Zoning Compliance application to the Planning Department.
1.6 A property boundary adjustment application is required to be approved and finalized in accord
with UDC 11-6B-8C prior to issuance of a Certificate of Zoning Compliance, or the applicant
may submit for Certificate of Zon1nE Compliance with the property in its current
configuration.
1.7 No signs are approved with this application. The applicant shall submit a sign permit application
in accord with the standards listed in UDC 11-3D for approval of any future signs on this site.
1.8 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within two (2) years of
approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained.
1.9 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
PAGE 13
EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in S
Meridian Road. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in S Meridian Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, 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. Add a note to the plat referencing this
document.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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, asingle-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
signature on the obtaining certificates of occupancy.
2.5 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior obtaining
certificates of occupancy.
2.6 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.7 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.
2.8 The applicants design engineer shall certify that all seepage beds out of the public right- of-way
are installed in accordance with the approved design plans. This certification must be received by
the City of Meridian Public Works Department prior to the project receiving final approval
2.9 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.10 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of
Meridian Department of Public Works, Improvement Standards for Street Lighting. All
streetlights shall be installed at sub divider's expense. Final design shall be submitted to the
Public Works Department for approved. The street light contractor shall obtain the approved
design on file and an electrical permit from the Public Works Department prior to commencing
PAGE 14
EXHIBIT A
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
3. FIRE DEPARTMENT
3.1 The Fire Department had no comments on this application.
4. POLICE DEPARTMENT
4.1 The hours of operation of the drive-through shall be limited to the hours between 6:00 am and
11:00 pm consistent with Meridian City Code 6-3-6: Noises Creating Public Disturbance due to
the proximity of the use in relation to an established residential area.
5. SANITARY SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian
Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to
Doug Mason, SSC (888-3999) that demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle
back-up requirement)J;
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required,
including power and telecommunication lines; this requirement increases to 22' at container
service locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
£ Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note:
If building tenant wishes to recycle, please contact Doug Mason, SSC at 888-3999 for
minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an
easy pedestrian access point other than the front gates to ensure less mess within the
enclosure as well as reduce gate damage);
PAGE 15
EXHIBIT A
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD has no site specific conditions of approval for this application at this time due to the fact
there is no ACHD street frontage abutting the site.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
8. IDAHO TRANSPORTATION DEPARTMENT
8.1 The Idaho Transportation Department did not submit comments on this application.
PAGE 16
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed
use and dimensional and development regulations of the C-G district. (see Analysis Section
IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent with the Comprehensive Plan
future land use map designation of Commercial for this site. Further, the Commission finds
the proposed use is consistent with the Comprehensive Plan in that the proposed restaurant
will contribute to the variety of commercial opportunities & services available in the City.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed restaurant should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use should not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services
Corporation and ACHD. Based on comments from other agencies and departments, the
Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
PAGE 17
EXHIBIT A
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic will increase with the approval of restaurant in this
location; however, Staff does not believe that the amount generated will be detrimental to the
general welfare of the public since the Comprehensive Plan and UDC anticipated the site to
be developed with commercial uses. The Commission does not anticipate the proposed use
will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the
proposed use will not be detrimental to people, property or the general welfare of the area.
h. 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed use will not result
in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
2. Design Review (UDC 11-SB-8D)
In order to grant approval for an administrative design review, the director shall determine
that the proposed structural and/or site designs conform to the standards and meet or
exceed the intent of the "City of Meridian Design Manual: '
Staff has reviewed the proposed site plan and building elevations submitted with the subject
application and has deemed them to be in substantial conformance with the City's design
standards and guidelines if the applicant complies with the conditions of approval listed in
Exhibit B. See Section IX of the staff report for more information.