Knighthill Center Drive-through CUP-14-004CITY OF MERIDIAN E IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
IDAHO
DECISION &ORDER
In the Matter of the Request for a Conditional Use Permit for a Drive-through Establishment
within 300 feet of a Residential District, Located on the Southwest Corner of W. Chinden
Boulevard and N. Linder Road in the C -G Zoning District, by James Wylie.
Case No(s). CUP -14-004
For the Planning and Zoning Commission Hearing Date of: May 15, 2014 (Findings on June 5,
2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 15, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 15, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 15, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 15, 2014, 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 and Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-004
Page 1
upon the applicant, the Planning Division, 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 May 15, 2014, 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 a conditional use permit to operate a drive-through establishment is
hereby approved in accord with the conditions of approval in the attached staff report for the
hearing date of May 15, 2014, 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 11-513-617.2.
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. 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 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 may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of May 15, 2014.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-004
Page 2
'14''ot,
By action of the Planning and Zoning Commission at its regular meeting held on the day of
L-rV- Q _ , 2014.
COMMISSIONER JOE MARSHALL, CHAIRMAN VOTED_
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN VOTED
COMMISSIONER SCOTT FREEMAN VOTED 650L;;t
COMMISSIONER MACY MILLER VOTED
COMMISSIONER PATRICK OLIVER VOTED V e-A—
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Attest:
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By:ywil-a�-Aw Dated: V l0 r J
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-004
Page 3
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
EXHIBIT A
May 15, 2014
Planning and Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
Knighthill Center Drive-through — CUP -14-004
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN*--
iDAHO
The applicant, Renny Wylie, has applied for a conditional use permit (CUP) for a drive-through
establishment within 300 feet of a residential district.
See Section VII, VIII & IX for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP application with the conditions of approval in
Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian
Planning and Zoning Commission heard this item on May 15, 2014. At the public hearing, the
Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Renny Wylie, Greg Toolson and Mike Pena
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP -14-
004 as presented in the staff report for the hearing date of May 15, 2014, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP -14-004
as presented in the staff report for the hearing date of May 15, 2014, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Number CUP -14-004 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Knighthill Center Drive-through — CUP -14-004 PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the southwest corner of W. Chinden Boulevard and N. Linder Road in NE
1/4 of Section 26, Township 4 North, Range 1 West. (Parcel #SO426110057)
B. Applicant/Owner:
James Wylie
1676 N. Clarendon Way
Eagle, Idaho 83616
C. Representative:
Greg Toolson, JGT Architecture
121212 1h Avenue South
Nampa, Idaho 83651
D. 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: April 28, and May 12, 2014
C. Radius notices mailed to properties within 300 feet on: April 25, 2014
D. Applicant posted notice on site by: May 5, 2014
VI. LAND USE
A. Existing Land Use(s): The property is vacant commercial property, zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Chinden Boulevard and underdeveloped commercial property, zoned C -C
2. East: Linder Road and agricultural land, zoned RUT in Ada County
3. South: Lochsa Falls Subdivision, zoned R-4
4. West: Vacant commercial property and Lochsa Falls Subdivision, zoned C -N and R-4
C. History of Previous Actions:
• In 2013, the property received approval of a new preliminary plat (PP -13-031) and a
development agreement modification (MDA -13-019). The approved preliminary plat
consists of 5 commercial lots and 1 common lot on 9.11 acres. The DA mod replaced the
previously approved concept plan with a new one. The amended DA recorded as
instrument #114014784.
• The final plat (FP -14-020) is scheduled for City Council on May 21, 2014. The property
is not eligible for a building permit until the final plat is recorded.
D. Utilities:
1. Public Works:
Knighthill Center Drive-through — CUP -14-004 PAGE 2
EXHIBIT A
a. Location of sewer: A sanitary sewer main intended to provide service to the subject
property currently exists in W. Everest Lane.
b. Location of water: Water mains intended to provide service to the subject property
currently exists in W. Everest Lane, and in the existing driveway near the southeast
corner of the subject site.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities exist on this property.
2. Hazards: NA
3. Flood Plain: This property is not within the flood plain.
VII. COMPREHENSIVE PLAN ANALYSIS
This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use
Map. The purpose of this land use designation is to allocate areas where community -serving uses and
dwellings are integrated into the urban fabric. The vacant commercial property is surrounded by a
mix of education, office, retail and residential uses as envisioned in the mixed-use standards of the
comprehensive plan. The approved concept plan depicted a mix of commercial uses and
interconnectivity with the surrounding uses to complement the surrounding developments. Therefore
staff is of the opinion; the site is developing in the context of a mixed-use development consistent
with the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
1. "Require landscape street buffers for new development along all entryway corridors." (2.01.02E)
A 35 foot wide landscape buffer is required adjacent to N. Linder Road in accord with UDC 11-
3B -7C. Per the approved preliminary plat, the applicant must provide a mix ofplant materials to
complement the proposed development and enhance the entryway corridor.
2. "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.0413)
All parking lot landscaping must comply with the standards listed in UDC 11 -3B -8C.
3. "Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.0 IF)
City services are readily available to serve the proposed commercial development.
4. "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.01J)
This area of Meridian is rapidly transitioning with urban development. To accommodate the
needs of the residents in the area, the City approved C -G zoning on this property to serve the
area. Staff believes additional retail and the drive-through uses will complement the existing
residential developments in the area.
5. "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0 IF)
On the south boundary of the proposed development is a ACHD retention pond and a single
family residence. The submitted landscape plan depicts a 20 foot wide landscape buffer that is
Knighthill Center Drive-through — CUP -14-004 PAGE 3
EXHIBIT A
proposed to be bermed and landscaped with nine (9) evergreen trees. Adjacent to the 20 foot
buffer is the main access drive from Linder Road, a 5 -foot sidewalk, additional landscaping and
the drive aisle for the bypass lane and the drive-through. Further, the UDC restricts the hours of
operation on this site between the hours of 6am and IIpm when the property abuts a residential
use. Staff believes the restriction on the hours of operation and the separation noted above
provides adequate buffering between the drive-through use and single family residence.
6. "Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow. (3.03.03C)
Access for the entire Knighthill Center development was analyzed and approved with the
preliminary plat. The submitted plan proposes an access from Linder Road and connects to the
public stub street (Gertie Place) from Lochsa Falls Subdivision to the south consistent with that
approval. Further the submitted plans depict the extension of the public sidewalks into the
development to provide pedestrian connectivity. On the south side of the driveway connection to
Linder Road, the applicant is responsible for constructing a small section of the public sidewalk
to the intersection. Staff is supportive of the connectivity proposed with the development.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
COMMERCIAL DISTRICTS (C -G) - The purpose of the Commercial Districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Six 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: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited () uses in the C -G zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 for the C -G zoning district.
D. Landscaping:
• Street buffer landscaping must be installed in accordance with the standards listed in UDC
Tablel 1-213-3 and UDC 11 -3B -7C for the C -G zoning district. A condition of the preliminary
plat requires compliance with these standards. Compliance with this condition will be
reviewed and approved with the final plat application.
• Parking lot landscaping: All parking lot landscaping must comply with the standards listed in
UDC I1 -313-8C.
• Landscape buffers to residential uses must comply with the standards listed in UDC Table
11-213-3 and UDC 11-313-9C. The City Council approved a 20 foot wide landscape buffer on
the south boundary with the preliminary plat. A condition of the approved preliminary plat
requires a mix of planet materials to be installed in this buffer not all evergreen trees as
proposed.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-613 for the proposed
commercial development.
Knighthill Center Drive-through — CUP -14-004 PAGE 4
EXHIBIT A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit (CUP): With the development of Lot 1, Block 1, the applicant is
proposing to construct two (2) 7,106 square multi -tenant buildings; one with the associated drive-
through and the required site improvements. All access points were approved with the
preliminary plat. Staff's analysis of the proposed development includes the internal site
improvements and the site circulation of the drive-through. The proposed site layout is consistent
with the concept plan approved for the Knighthill Center.
The UDC requires a conditional use permit if the drive-through establishment is within 300 feet
of a residential district subject to specific use standards listed below.
Drive-through Establishment: Per UDC 11-4-3-11, the following specific use standards apply
to the proposed drive-through use 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 (CZC) application. The window location and stacking lane is
shown on the submitted site plan. At this time, a tenant for the drive-through is
unknown. If the future tenant has a need for a menu board and speaker, these items
must be included on the site plan submitted with the CZC application.
B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons. The proposed drive-through is on the south side of the
southernmost multi -tenant building. The proposed stacking lane would be able to
accommodate several vehicles before vehicles stack in front of the parking on the
west side of the building. The applicant has designed the site with multiple internal
entrances to facilitate access to the parking lot if this should occur at peak times. The
applicant has also provided a one-way escape lane, although not required by
ordinance, to facilitate movement of traffic through the site if stacking may occur in
the drive aisle on the west side of the building. Staff believes the proposed drive-
through should not obstruct the public right-of-way and/or site circulation on the
site.
C. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. See analysis above.
D. The stacking lane shall not be located within ten feet (10') of any residential district
or existing residence. NA (The proposed stacking lanes are not within 10 feet of a
residential district or residence)
E. Any stacking lane greater than one hundred feet (100') in length shall provide for an
escape lane. The applicant has provided an escape lane although not required.
Site Plan: Staff has reviewed the submitted site plan and requires the necessary revisions prior to
the submission of the certificate of zoning compliance (CZC) application.
1) Provide a detail of the bike rack.
2) The drive-through area should be striped one-way as depicted on the submitted
site plan.
3) A 5 -foot wide pedestrian walkways must be provided from the perimeter
sidewalk to the main building entrances and distinguish the walkways from the
vehicular driving surface through the use of pavers, colored or scored concrete,
or bricks, per UDC 11 -3A -19A.4.
Knighthill Center Drive-through — CUP -14-004 PAGE 5
EXHIBIT A
4) Extend a 5 -foot detached sidewalk from ACHD detention pond on the south
boundary to the southern edge of the Linder Road access in accord with UDC 1I -
3A -17.
Parking: Based on the overall square footage (s.f.) of the two (2) buildings, approximately
14,212 s.f., a minimum of 29 vehicle parking spaces are required to be provided on the site. A
total of 86 parking stalls are proposed, which exceeds the UDC requirements.
Landscaping: Staff has reviewed the submitted landscape plan for compliance with UDC 11-3B.
The landscape plan as submitted does not comply with the UDC. The 35 -foot wide landscape
buffer adjacent to Linder Road will be addressed during the review of the final plat. For purposes
of this application staff has analyzed the internal parking lot landscaping and the 20 -foot wide
landscape buffer adjacent to the single family residence. Staff recommends the following
revisions to the submitted landscape plan:
1) A 20 -foot wide landscape buffer is required between residential uses and the
proposed development. The buffer should be designed with a mix of evergreen
and deciduous trees, lawn, shrubs and other vegetative groundcover in accord
with the standards listed in UDC 11 -3B -9C. Prior to the submittal of the
certificate of zoning compliance application, staff recommends the applicant
submit a landscape plan prepared by a landscape architect that includes a mix of
plant materials as described above. The landscape buffer must be designed to
complement the two (2) entryway buffers (Chinden and Linder).
2) With the submittal of the CZC application, all parking lot landscaping must
comply with the landscape standards set forth in UDC 11-313-8C. The following
items need to be revised as follows:
a. Install two (2) additional 2 -inch caliper deciduous trees in the landscape
buffer on the west side of the parking lot;
b. Replace the two (2) evergreen trees south of the drive-through with two (2)
2 -inch caliper deciduous trees.
c. Landscape the planter island located near the southwest corner of the
southernmost building consistent with all of the other planter islands.
d. All required landscape areas must be at least 70% percent covered with
vegetation at maturity in accord UDC 11 -3B -5N.
Provide details of the plant materials proposed for the decorative raised
planter between the two structures.
f. Provide a detail of the plaza area with the submittal of the CZC application.
Lighting: Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. If
any fixtures are proposed that have a maximum output of 1,800 lumens or more, a photometric
report is required to be submitted with the Certificate of Zoning Compliance application to ensure
light trespass does not encroach on the adjacent residences to the south.
Hours of Operation: The UDC (11 -2B -3A.4) restricts hours of operation on the site when
abutting a residential district to the hours between 6 am and 11 pm in the C -G zoning district. The
proposed commercial development is next to a large residential development. The applicant has
not requested extended hours of operation as allowed under the UDC. Further, staff is unaware of
the end user for the tenant space. For these reasons, staff recommends that the site operate within
the hours of operation of 6am and 1 Ipm to mitigate any adverse impacts to the adjacent
residential development.
Knighthill Center Drive-through — CUP -14-004 PAGE 6
EXHIBIT A
Building Elevations: The applicant has submitted sample elevations of the multi -retail building.
In general, staff is supportive of the submitted elevations however to solidify the design staff
recommends the following revisions to the submitted plans:
• The north, south (excluding the south fagade of the southernmost building) and west
elevations of both buildings must incorporate the 2 -inch metal reveal as depicted on
the east fagades; and
• Replace the wal-pac light fixtures on the west side of buildings with the exterior wall
mount lighting depicted on the north and east facades.
• All roof top mechanical equipment shall be screened to the height of the unit as
viewed from the farthest edge of the adjoining right-of-way in accord with UDC 1I -
3A -19A. le.
• Add a metal canopy over the entrance of the central tenant space on both buildings in
accord with UDC I 1-3A-19A.4d.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted prior to issuance of building permits. The applicant must
comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual.
Summary: In summary, staff finds the proposed project complies with the applicable policies of
the Comprehensive plan and is conditioned to comply with the applicable development standards
in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject
application.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed CUP Site Plan (dated: 04/17/14)
3. Proposed Landscape Plan (dated: 04/10/14)
4. Proposed Building Elevation (dated: 04/17/14)
B. Conditions of Approval
C. Required Findings from Unified Development Code
Knighthill Center Drive-through — CUP -14-004 PAGE 7
EXHIBIT A
Exhibit A.1: Vicinity Map
Vicinity Map
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Miles
Knighthill Center Drive-through — CUP -14-004 PAGE 8
Exhibit A.2: Proposed CUP Site Plan (dated: 04/17/14)
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Knighthill Center Drive-through — CUP -14-004 PAGE 9
EXHIBIT A
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Knighthill Center Drive-through — CUP -14-004 PAGE 10
EXHIBIT A
Exhibit A.4: Proposed Building Elevations (dated: 04/17/14)
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Knighthill Center Drive-through — CUP -14-004 PAGE 11
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
Conditional Use Permit
1. The applicant shall comply with all conditions of approval for Knighthill Center Subdivision (PP -
13 -031 and DA # 114014784).
2. The applicant shall comply with the Specific Use Standards for the drive-through establishments.
If the future tenant has a need for a menu board and speaker, these items must be included
on the site plan submitted with the CZC application.
3. The site plan, prepared by JGT Architecture, dated 04/17/14, is approved, with the conditions
listed herein. The applicant shall revise the site plan as follows:
a. A 5 -foot wide pedestrian walkways must be provided from the perimeter sidewalk to the
main building entrances and distinguish the walkways from the vehicular driving
surface through the use of pavers, colored or scored concrete, or bricks, per UDC 11-
3A -19A.4.
b. Provide a detail of the bike rack.
c. Extend a 5 -foot detached sidewalk from ACHD detention pond property on the south
boundary to the southern edge of the Linder Road access in accord with UDC 11-3A-17.
d. The drive-through area shall be striped one-way as proposed on the site plan.
4. The landscape plan, dated 04/10/14, is approved, with the conditions listed herein. The applicant
shall revise the landscape plan as follows:
a. A 20 -foot wide landscape buffer is required between residential uses and the proposed
development. The buffer shall be designed with a mix of evergreen and deciduous trees,
lawn, shrubs and other vegetative groundcover in accord with the standards listed in
UDC 11 -3B -9C. Prior to the submittal of the certificate of zoning compliance
application, the applicant shall submit a landscape plan prepared by a landscape
architect that includes a mix of plant materials as described above. The landscape
buffer must be designed to complement the development and the entryway corridor
buffers.
b. With the submittal of the CZC application, all parking lot landscaping must comply
with the landscape standards set forth in UDC 11 -3B -8C. The following items need to be
revised as follows:
➢ Install two (2) additional 2 -inch caliper deciduous trees in the landscape buffer on the
west side of the parking lot;
➢ Replace the two (2) evergreen trees south of the drive-through with two (2) 2 -inch caliper
deciduous trees.
➢ Landscape the planter island located near the southwest corner of the southernmost
building consistent with all of the other planter islands.
➢ All required landscape areas must be at least 70% percent covered with vegetation at
maturity in accord UDC 11 -3B -5N.
➢ Provide details of the plant materials proposed for the decorative raised planter between
the two structures.
Knighthill Center Drive-through — CUP -14-004 PAGE 12
EXHIBIT A
➢ Provide a detail of the plaza area with the submittal of the CZC application.
The elevations, prepared by JGT Architecture, dated 04/17/14, are approved, with the conditions
listed herein. The applicant shall include the following revisions to the building elevations:
a. The north, south (excluding the south facade of the southernmost building) and west
elevations of both buildings must incorporate the 2 -inch metal reveal as depicted on
the east faVades; and
b. Replace the wal-pac light fixtures on the west side of buildings with the exterior wall
mount lighting depicted on the north and east facades.
c. All roof top mechanical equipment shall be screened to the height of the unit as
viewed from the farthest edge of the adjoining right-of-way in accord with UDC 11-
3A-19A.1e.
d. Add a metal canopy over the entrance of the central tenant space on both buildings
in accord with UDC 11-3A-19A.4d.
Development of this site shall substantially comply with the site plan, landscape plan and
building elevations included in Exhibit A and the conditions of approval in this report.
The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative
Design Review (DES) application to the Planning Division for approval of the proposed use and
final site layout and building designs prior to submittal of a building permit application. A
building permit will not be issued until a final plat is recorded.
The proposed site layout and structures are required to comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
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.
10. The applicant shall have a maximum of two (2) years to commence the drive-through use as
permitted in accord with the conditions of approval listed above. If the use has not begun within
two (2) years of approval, a new conditional use permit must be obtained prior to operation or a
time extension must be requested in accord with UDC 11-513-6F.
11. The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
12. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
13. The hours of operation for the commercial development is restricted to the hours between 6 am
and 11 pm, seven days a week. Extended hours of operation may be requested through a
conditional use permit in accord with UDC 11-213-3A.4.
14. All signage for the property is subject to the standards set forth in UDC 11-3D.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall comply with all conditions of approval associated with the approved
Knighthill Center preliminary plat (file #PP -13-031).
3. POLICE DEPARTMENT
3.1 The Police Department has no comments related to this application.
Knighthill Center Drive-through — CUP -14-004 PAGE 13
EXHIBIT A
4. FIRE DEPARTMENT
4.1 The applicant shall comply with all conditions of approval associated with the approved
Knighthill Center preliminary plat (file #PP -13-031).
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING)
7.1 Site Specific Conditions of Approval
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
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EXHIBIT A
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACHD.
7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Knighthill Center Drive-through — CUP -14-004 PAGE 15
EXHIBIT A
C. Required Findings from Unified Development Code
1. CONDITIONAL USE PERMIT FINDINGS:
In consideration of a conditional use permit, the decision-making body shall make the
following findings:
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
retail and drive-through uses and development regulations of the C -G district (see Analysis
Section VII, VIII & 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 and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of MU -C for this site.
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 use of the property 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 will not adversely affect other properties 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 the proposed use will be served adequately by all of the public
facilities and services as applicable.
E 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.
Knighthill Center Drive-through — CUP -14-004 PAGE 16
EXHIBIT A
The Commission finds the proposed use will generate additional traffic in the area but should
not involve activities that will be detrimental to any persons, 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. Further, 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.
Knighthill Center Drive-through — CUP -14-004 PAGE 17