Dutch Bros. CUP-10-013CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
E II)IAN~--
IDAHO
In the Matter of Conditional Use Permit for aDrive-Through Establishment for Dutch
Bros. Coffee within 300 Feet of a Residential District and Existing Residence in a C-G
Zoning District, Located at 1351 E. Fairview Avenue in the C-G Zoning District, by Sun-
Stone Meridian, LLC.
Case No(s). CUP-10-013
For the Planning & Zoning Commission Hearing Date of: January 6, 2011 (Findings on
January 20, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 6, 2011,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 6, 2011,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
6, 2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 6, 2011, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). 1$1~ #]
Page 1
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for
the hearing date of January 6, 2011, 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 January 6,
2011, 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-SB-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-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in
accord with 11-SB-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 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [li~aoi~
Page 2
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
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 January 6, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). ~]
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the
~0'`~'
day of u,/' , 2011.
COMMISSIONER SCOTT FREEMAN VOTED__~~~
(Chairman)
COMMISSIONER MICHAEL ROHM
VOTED__~
COMMISSIONER TOM O'BRIEN VOTED__~-~~~~.,.
COMMISSIONER JOE MARSHALL VOTED
Co ern miSSl ovl ev' ~'~e~/~ ~/ /'s lei/ Vo-f-Gp _~.~ s-f-G~,i ~'1
AN S T F MAN
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Attest: '~ ~ '~ ~ ~
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Jay ' e of ,City erk ,~ t~, ~ F ~ `` ~ " ;
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Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: Dated: ~ " o~~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [;
Page 4
EXHIBIT A
STAFF REPORT Hearing Date: January 6, 2011
TO: Planning & Zoning Commission
FROM: Sonya Waters, Associate City Planner
208-884-5533
SUBJECT: CUP-10-013 -Dutch Bros.
E IDIAN
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Sun-Stone Meridian, LLC., (Dutch Bros. Coffee) has applied for conditional use
permit (CUP) approval for a drive through establishment within 300 feet of a residential district and
existing residence in the C-G zoning district, as required by UDC 11-4-3-11A. See Section IX
Analysis for more information.
An application for administrative design review (DES-10-049) was submitted concurrently with the
CUP application for approval of the proposed structure and site as required by UDC 11-SB-8.
II. SUMMARY RECOMMENDATION
Staff has approved the applicant's request for design review 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 & Zoning Commission heard this item on January 6, 2011. At the
public hearing they moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Glenn Walker; Jeff Yarnell
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Glenn Walker
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-10-
013 as presented in the staff report for the hearing date of January 6, 2011, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on January 20, 2011.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-10-013 as presented
during the hearing on January 6, 2011, for the following reasons: (You should state specific reasons
for denial.) I further move to direct Staff to prepare an appropriate findings document to be
considered at the next Planning and Zoning Commission hearing on January 20, 2011.
Dutch Bros CUP-10-013 PAGE 1
EXHIBIT A
Continuance
I move to continue File Number CUP-10-013 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:
1351 E. Fairview Avenue (Parcel #84239560020) (Lot 2, Block 1, Intermountain Outdoor Sub.)
Located in the northeast '/ of Section 7, Township 3 North, Range 1 East
B. Owner(s):
Sun-Stone Meridian, LLC
P.O. Box 8494
Boise, ID 83709
C. Applicant:
Same as owner
D. Representative:
Glenn Walker, Architecture Design PWS
11505 W. Fairview Ave.
Boise, ID 83713
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: December 20, 2010 and January 3, 2011
C. Radius notices mailed to properties within 300 feet on: December 15, 2010
D. Applicant posted notice on site by: December 26, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is surrounded by commercial uses within the C-G
(General Retail and Service Commercial) zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Commercial uses abut this
site.
North: Commercial businesses, zoned C-G
South: Restaurant and retail store, zoned C-G
East: Retail store and indoor entertainment, zoned C-G
West: Vacant land, zoned C-G and office building (across Stonehenge), zoned C2 in Ada County
C. History of Previous Actions:
• This property is platted as Lot 2, Block 1, Intermountain Outdoor Subdivision
Dutch Bros CUP-10-013 PAGE 2
EXHIBIT A
D. Utilities:
1. Public Works:
a. Location of sewer: Services are currently stubbed from N Stonehenge Way.
b. Location of water: Services are currently stubbed from N Stonehenge Way
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.
3. Flood Plain: This property is not within a floodplain.
F. Access: Access for this site is depicted on the site plan via an existing driveway to/from E.
Fairview Avenue.
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 (coffee kiosk) with two (2) drive-through windows 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.
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.
Dutch Bros CUP-10-013 PAGE 3
EXHIBIT A
• 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 coffee kiosk with two (2) drive-through windows 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 is of the opinion the proposed use of this property is compatible with and will provide a
service to nearby existing and future commercial and residential uses as long as the applicant
complies with the conditions in Exhibit B.
• 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 existing curb cut/driveway to/from Fairview Avenue
shared with the property to the east. No new access points or curb cuts are proposed.
• "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Objective A, Action #12).
The subject site is located in the Intermountain Outdoor Subdivision. Across-access and cross-
parking agreement for all of the lots in Intermountain Outdoor Subdivision is noted on the plat.
• 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 E. Fairview Avenue, an arterial street, and N. Stonehenge Way, a
local street, as required by UDC Table 11-2B-3.
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. The subject site is located in a C-G zone district.
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 coffee kiosk
is similar to a restaurant which 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 120 feet to the southwest 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): 25 feet along E. Fairview Avenue
2. Width of buffer(s) between land uses: NA
3. .Percentage of site as open space: NA
Dutch Bros CUP-10-013 PAGE 4
EXHIBIT A
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 proposed
structure is 366 square feet in size, thus a minimum of one (1) parking stall is required. No
parking is proposed on the site; however, parking is available on the property to the east through
an existing cross parking agreement noted above.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. CONDITIONAL USE PERMIT (CUP): CUP approval is requested for adrive-through
establishment for Dutch Bros. coffee within 300 feet of a residential district and existing
residence in a C-G zoning district, as required by UDC 11-4-3-1 lA.
The applicant has submitted a site plan that depicts how the site is proposed to develop with a
366 square foot structure with drive-through windows on each site of the structure. A
concrete patio for an outdoor seating area is also proposed on the north & south ends of the
building as shown in Exhibit A.4.
The applicant only proposes to develop the eastern 80+/- feet of the site as shown on the site
plan (0.37 of an acre of the 0.65 acre site); there is approximately 124 feet separating the
proposed western boundary of the site from Stonehenge Way.
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(s) on the plans submitted with the Certificate
of Zoning Compliance application. The stacking lanes & menu board locations are
shown on the site plan; speakers are not proposed.
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 west and east sides of
the proposed drive through facility. 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 lanes are separate from the circulation lanes needed for
access and parking on the site and the adjacent 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 ten (10) feet of a
residential district or residence; the closest residence is approximately 250 feet 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 the stacking lanes as measuring less than
100 feet in length.
Dutch Bros CUP-10-013 PAGE 5
EXHIBIT A
F. A letter from the Transportation Authority indicating the site plan is in compliance
with the authority's standards and policies shall be required. ACHD has no comments
on this application since no new access points are proposed.
Hours of Operation: The proposed hours of operation for the drive through establishment are
from 5:00 am to 10:00 pm Sunday thru Thursday and 5:00 am to 11:00 pm Friday and Saturday.
Landscaping: The street buffer landscaping along E. Fairview Avenue and Stonehenge Way
was installed with development of the subdivision. No additional landscaping is required with
development of this site except for that shown on the site plan.
Sidewalk: A 5-foot wide attached sidewalk exists along N. Stonehenge Way and E. Fairview
Avenue, in accord with UDC 11-3A-17.
Multi-Use Pathway: The Meridian Pathways Master Plan depicts a 150' +/- segment of the
Settlers Creek multi-use pathway along the east side of Stonehenge Way on the west boundary of
the lot on which this site is located. There is currently a 5-foot wide attached sidewalk in this
location. Because only the eastern portion of the site is proposed to develop at this time and there
is an existing sidewalk providing pedestrian access in this area, staff is not recommending the
pathway be widened at this time. However, in the future, with development of the remainder of
the subject lot, a 10-foot wide pathway will most likely be required in accord with the Master
Pathways Plan.
Access: Access to this site is depicted on the site plan via one existing access driveway to/from E.
Fairview Avenue. Access is also available via one access driveway to/from Stonehenge Way
through across-access agreement recorded with the plat for all lots in this subdivision.
Parking: No parking is proposed on this site; however, across-access/cross-parking agreement is
noted on the face of the recorded plat for all lots within the subdivision. Therefore, the applicant
may use the parking area to the east for the subject property as allowed by UDC 11-3C-7.
2. DESIGN REVIEW (DES): Design Review approval is also requested for the proposed structure
and site, as required by UDC 11-SB-8. Staff has reviewed the design standards listed in UDC 11-
3A-19 and the guidelines contained in the Meridian Design Manual and found the site to be in
general compliance with these standards and guidelines.
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 Map
2. Proposed Site/Landscape Plan (dated: 10/20/ 10)
3. Landscape Plan (date: September 22, 2010)
4. Building Elevations (dated: September 22, 2010)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
Dutch Bros CUP-10-013 PAGE 6
EXHIBIT A
4. Police Department
5. Sanitary Service Company
6. Parks Department
7. Ada County Highway District
C. Required Findings from Unified Development Code
Dutch Bros CUP-10-013 PAGE 7
EXHIBIT A
Exhibit A.1: Vicinity Map
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EXHIBIT A
Exhibit A.2: Proposed Site/Landscape Plan (dated: 10/20/ 10)
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EXHIBIT A
Exhibit A.3: Proposed Building Elevations (dated: 10/29/10)
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Dutch BIOS CUP-10-a13 PAGE 10
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the
site.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in
UDC Chapter 2 District regulations.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC
11-3A-15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-
SJ.
1.2.7 Construct storm water integration facilities that meet the standards as set forth in UDC
11-3B-11 C.
1.2.8 Protect any existing trees on the subject property that are greater than four-inch caliper
and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.9 Comply with the outdoor service and equipment area standards as set forth in UDC 11-
3A-12.
1.2.10 Construct all required landscape areas used for storm water integration consistent with
the standards as set forth in UDC 11-3B-11C.
1.2.11 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and
the guidelines set forth in the City of Meridian Design Manual.
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as
set forth in UDC 11-SB-6G. The applicant shall contact Planning Department staff
regarding any proposed modification and/or transfer of ownership.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property,
the applicant shall submit a sign permit application consistent with the standards in UDC
Chapter 3 Article D and receive approval for such signs.
Dutch Bros CUP-10-013 PAGE 11
EXHIBIT A
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence
the use within two years as set forth in UDC 11-SB-6F 1 or 2) gain approval of a time
extension as set forth in UDC 11-SB-6F4.
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance
application from the Planning Department, prior to submittal of a building permit
application.
1.4.4 The applicant shall submit a scaled site plan stamped approved by SSC verifying
compliance with SSC's requirements with the CZC application.
1.4.5 The applicant shall submit a scaled site plan stamped approved by the Meridian Fire
Department verifying compliance with the Fire Department's requirements with the CZC
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N
Stonehenge Way. 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 N Stonehenge Way. 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 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.
2.4 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.
2.5 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.
2.6 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.
2.7 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
2.8 100 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
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EXHIBIT A
design on file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
3. FIRE DEPARTMENT
3.1 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street on which the project is addressed, as set forth in International Fire Code Section 505.
Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public
hearing.
3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.4 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 The applicant shall submit a scaled site plan stamped approved by SSC verifying compliance with
SSC's requirements with the CZC application.
6. PARKS DEPARTMENT
6.1 The Meridian Pathways Master Plan depicts a 150' +/- segment of the Settlers Creek multi-use
pathway along the east side of Stonehenge Way on the west boundary of the lot on which this site
is located. There is currently a 5-foot wide attached sidewalk in this location. Because only the
eastern portion of the site is proposed to develop at this time & there is an existing sidewalk
providing pedestrian access in this area, the Parks Department is not requiring the pathway to be
widened at this time. However, in the future, with development of the remainder of the subject
lot, a 10-foot wide pathway will most likely be required in accord with the Master Pathways Plan.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD has no comments on this application.
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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 drive
through (coffee) establishment 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 drive through establishment 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 ACRD. 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.
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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.
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 the drive-through
restaurant in this location; however, the Commission 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.