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Meridian council denies In-N-Out drive‑through near Lost Rapids after extended public hearing
Summary
After hours of testimony from residents, staff and the applicant, Meridian City Council voted 5–1 to deny a conditional use permit for an In‑N‑Out drive‑through at the Costco‑anchored shopping center at 10 Mile Road and Lost Rapids Drive, citing incompatibility with adjacent residential areas, traffic and public‑safety concerns.
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Meridian City Council voted 5–1 on Sept. 9 to deny a conditional use permit for an In‑N‑Out Burger drive‑through proposed at 5985 North 10 Mile Road, a pad site in the Costco‑anchored shopping center at Lost Rapids Drive.
The council took the de novo appeal after the Planning and Zoning Commission denied the conditional use permit in May. Council members cited the intensity of the chain’s drive‑through demand, the potential for vehicle queuing to affect a private access aisle that serves nearby properties, and the proximity of homes and parks as reasons they could not find the proposal compatible with adjacent residential uses.
The denial came after more than three hours of public testimony. Planning staff summarized the updated materials In‑N‑Out supplied for the de novo review — a revised site and landscape plan, a photometric plan, an operational noise study, queuing observations from three Idaho stores, and proposed limits on store hours and delivery times. Staff told council that, following its review, "the traffic study submitted by the applicant does not anticipate the proposed use will negatively impact the intersection of Lost Rapids Drive and 10 Mile Road," but also said the internal private drive and the site’s proximity to residences remained a concern when evaluating conditional‑use findings.
In‑N‑Out senior development manager Cassie Reese told council the company had revised its proposal to respond to neighborhood concerns, including trimming operating hours to midnight and shifting delivery times. "This application has been quite a while in the making. ... The emphasis of this presentation will be on the findings that are required to make a decision tonight," Reese said, and she added the company had increased landscaping and submitted noise and queue analyses to show operations could be contained on site.
Residents and homeowners’ association leaders urged denial. Steve Elliott, vice president of the Bainbridge Homeowners Association, said the opposition was focused on "this location" rather than the chain. "There are locations available in a mile or less in every direction," Elliott said. He and other speakers described fears that drive‑through queuing could spill into Lost Rapids and the private access aisle, creating conflicts with school buses, park users and emergency access.
Ada County Highway District representative Justin Lucas said ACHD had reviewed the application and had not required additional public improvements tied to the development: "At this point, the highway district has not identified further needed infrastructure improvements associated with this development site in this vicinity." He added ACHD reviews traffic impacts on an ongoing basis, and that intermittent stacking or brief backups do not necessarily indicate an intersection operates below district thresholds.
Council members debated whether the site’s design and likely intensity of activity met the Meridian Uniform Development Code’s conditional‑use findings. Several members said they were persuaded that the proposal failed to meet criteria related to compatibility with the general vicinity and the potential for excessive traffic and noise effects on nearby residences. Councilman Lock made the motion to deny; Councilman Schraeder seconded. The roll call recorded five ayes and one nay; the council directed staff to prepare written findings of denial citing the relevant UDC criteria.
The decision is final unless the applicant pursues judicial review. City staff noted they would draft the written findings that document the council’s rationale and identify the specific conditional‑use criteria the council determined were not met.
Ending: The council’s vote closes the appeal for this site; In‑N‑Out representatives said they have explored multiple location options in the area and that the company will consider next steps, while neighborhood leaders said they remain focused on traffic and safety near Lost Rapids Drive.

