Z - Findings The Goddard School H-2018-0108CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-0108]
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit to construct a 10,000 sq. ft. daycare center
for The Goddard School. Located at 2009 S. Wells Ave. in the C-G Zoning District, by Richard
Antl.
Case No(s). H-2018-0108
For the Planning & Zoning Commission Hearing Date of: October 18, 2018 (Findings on November
1, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 18, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 18,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 18, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
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
Meridian City Council Meeting Agenda November 1, 2018 – Page 65 of 137
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-0108]
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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 October 18, 2018, 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 CUP is hereby approved in accord with the conditions of approval
in the staff report for the hearing date of October 18, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. 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 October 18, 2018
Meridian City Council Meeting Agenda November 1, 2018 – Page 66 of 137
B g4 action of the Planning & Zoning Commission at its regular meeting held on the day of
�\rembey , 2018.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED_;�'�
✓
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED 7
e c^
COMMISSIONER STEVEN YEARSLEY VOTED �w
COMMISSIONER GREGORY WILSON
VOTED
COMMISSIONER LISA HOLLAND VOTED I t' (--
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER JESSICA PERREAULT VOTED
onda McCarve1, firman
Attest:
J Cole, City Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Departpfe'�t, the Public Works Department and the City Attorney.
Dated: // v/ -/X
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-01081
`fib e G'oco Mrd Sch 1
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EXHIBIT A
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STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: October 18, 2018
TO: Planning and Zoning Commission
FROM: Stephanie Leonard, Associate Planner
208-884-5533
SUBJECT: H-2018-0108
The Goddard School
PROPERTY LOCATION:
2009 S. Wells Ave.
South side of E. Overland Rd., midway
between S. Locust Grove Rd. & S. Eagle
Rd., in the NE ¼ of Section 20,
Township 3N, Range 1E.
I. PROJECT DESCRIPTION
Conditional use permit for a daycare center for up to 160 children on 1.131 acres in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Details Page
Acreage 1.131
Future Land Use Designation MU-R
Existing Land Use Vacant
Proposed Land Use(s) Daycare Center
Current Zoning C-G
Proposed Zoning C-G
Physical Features (waterways,
hazards, flood plain, hillside)
None
History (previous approvals) AZ-06-021; PP-06-019
B. Community Metrics
Details Page
ACHD report (yes/no)
Requires ACHD
Commission Action
(yes/no)
No
Access (Arterial/Collectors/State Local street access only
Meridian City Council Meeting Agenda November 1, 2018 – Page 68 of 137
EXHIBIT A
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Details Page
Hwy/Local)(Existing and Proposed)
Distance to nearest City Park (+
size)
380 feet from Gordon Harris Park (11 acres)
Distance to Schools (elem, ms, hs)
Capacity of schools
# of students enrolled
600 ft. to Mountain View High School
Less than 1 mile (4,700 ft.) to Siena Elementary School
C. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
III. APPLICANT INFORMATION
A. Applicant/Owner: Richard Antl
Meridian City Council Meeting Agenda November 1, 2018 – Page 69 of 137
EXHIBIT A
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B. Representative: Jon Chatfield, Chatfield Architecture
IV. NOTICING
A. Newspaper notification published on: September 28, 2018
B. Radius notice mailed to properties within 300 feet on: September 21, 2018
C. Applicant posted notice on site on: October 6, 2018
D. Next door posting: September 25, 2018
E. Neighbor meeting date and # of attendees: September 7, 2018; 2 attendees (applicants)
V. STAFF ANALYSIS
The applicant requests a conditional use permit to operate a daycare center for up to 160 children, ages 6
weeks to 6 years old, in the C-G zoning district as required by UDC Table 11-2B-2. A conditional use permit
is required for a daycare center for 12 or more children, subject to specific use standards listed below.
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Mixed Use Regional (MU-R).
The purpose of MU-R designated areas is to provide a mix of employment, retail and residential dwellings
and public uses near major arterial intersections. This daycare will be within walking distance of a large
number of multi-family and single family residences, a mix of employment in the surrounding area, will
provide a needed service to surrounding residences and will add to the diversity of the area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use:
“Require all new and reconstructed parking lots to provide landscaping in internal islands and along
streets.” (2.01.04B)
“Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.” (3.07.02C)
“Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements, access management, and frontage / backage roads.” (3.03.02N)
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-9,
Daycare Facility.
A. General standards for all child daycare and adult care uses, including the classifications of daycare center;
daycare, family; and daycare, group:
1. In determining the type of daycare facility, the total number of children at the facility at one time
is the determining factor. The applicant proposes to care for up to 160 children at any one time
and therefore is classified as a daycare center.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge
and pick up of clients. A specific drop-off area has not been proposed, however the proposed
facility will have 35 parking spots and a two-way 26’ wide drive aisle to provide for a safe
discharge and pick-up area for children.
3. The decision making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval. The applicant is requesting to care for approximately 160
children at any one time. The proposed hours of operation are from 6:00 am to 6:00 pm.
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EXHIBIT A
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However, the specific use standards allow the facility to operate between the hours of 6:00 am to
11:00 pm, unless otherwise restricted by the Commission.
4. The applicant or owner shall provide proof of criminal background checks and fire inspection
certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to
issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho
and Department of Health and Welfare requirements for daycare facilities. The applicant shall
submit a copy of a background check and complete an inspection with the Fire Department prior
to daycare operation.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be
between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified
through approval of a conditional use permit. The applicant only proposes to operate the facility
between the hours of 6:00 am and 6:00 pm; at no time should the hours extend beyond 6:00 am to
11:00 pm.
6. Prior to submittal of an application for an accessory daycare facility in a residential district, the
applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this
title. Notice of the neighborhood meeting shall be provided to all property owners of record
within one hundred feet (100') of the exterior boundary of the subject property. This standard is
not applicable to this application.
The applicant shall not exceed the maximum number of clients as stated in the approved permit or
as stated in this title, whichever is more restrictive. The applicant requests to care for up to 160
children, unless otherwise restricted by Commission.
B. Additional standards for daycare facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six foot (6') non-scalable fences
to secure against exit/entry by small children and to screen abutting properties. The applicant is
proposing to enclose the play areas in the north and south yards with a six-foot non-scalable
metal tubular/wrought iron fence.
Access: Two points of access are proposed for the site. The north driveway is to be accessed via a common
drive aisle shared with the property owner to the north. The driveway to the south is proposed to be accessed
from E. Goldstone St. Access points will provide for effective site circulation and will alleviate direct access
onto S. Wells Ave.
Per the recorded plat a cross-access/egress easement has been provided to the driveway abutting the
property to the north in accord with UDC 11-3A-3A.2, which requires cross-access easements to be granted
to adjacent properties when access via a local street isn’t available; and Comprehensive Plan action item
#3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets.”
Parking: Off-street parking is required to be provided for the proposed use in accord with the standards listed
in UDC 11-3C-6B. Based on the proposed square footage of the structure (i.e. 10,000 square feet), a minimum
of 20 parking spaces are required; a total of 35 spaces are proposed in excess of UDC standards.
Bicycle parking is required to be provided on the site per UDC 11-3C-6G in accord with the standards
listed in UDC 11-3C-5C.
Landscaping: Street buffer landscaping was installed with the subdivision along S. Wells Ave. and E.
Goldstone St. on this site in accord with the standards listed in UDC 11-3B-7C and in accord with
Comprehensive Plan action item #2.01.03B, “Require all commercial and industrial businesses to install and
maintain landscaping.” Internal parking lot landscaping is required to be installed in accord with the standards
Meridian City Council Meeting Agenda November 1, 2018 – Page 71 of 137
EXHIBIT A
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listed in UDC 11-3B-8C and Comprehensive Plan action item #2.01.04B, “Require all new and reconstructed
parking lots to provide landscaping in internal islands and along streets, and to positively influence the
physical and visual environment through screening, paving materials, and other landscape techniques.”
Site Plan: Staff has reviewed the submitted site plan dated August 27, 2018. The following changes shall be
required prior to submittal of the certificate of zoning compliance (CZC) application:
1. There is an existing sidewalk along the south and east boundaries of the site in accord with UDC 11-
3A-17. A minimum 5-foot wide pedestrian walkway is required to be provided from the
perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be
distinguished from the vehicular driving surface through the use of pavers, colored or scored
concrete, or bricks as set forth in UDC 11-3A-19B.4.
2. The applicant shall extend and improve the shared street to the north of the site with curbing and
asphalt, per UDC 11-3A-19B-2 and in accord with Comprehensive Plan action item #2.01.02A,
“Implement community design ordinances, and complete streets policies.”
3. There is an existing City of Meridian water easement located in the southwest part of the
site. Staff has confirmed this easement contains no infrastructure. In discussions with the
applicant, it is their intention to use this part of the site as additional play area. If this
easement is not necessary as part of this project, staff recommends that the applicant
vacate the easement per UDC table 11-5A-2, prior to issuance of certificate of
occupancy.
Multi-use Pathway: A ten-foot multi-use pathway was provided with the construction of the subdivision in
accord with Comprehensive Plan action items #3.03.03B, “Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a community
pathway system” and #5.03.01A, “Implement the City’s Pathways Master Plan.” The multi-use pathway will
support a needed service in close proximity to residences, businesses and services, in accord with
Comprehensive Plan action items #2.01.01A, “Provide a walkable community through good design” and
#2.01.01C, “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to
be built within walking and biking distance of residential dwellings.”
Trash Enclosure: A trash enclosure is depicted on the site plan on the north side of the parking lot. The
applicant shall coordinate with Republic Services on the design and location of the enclosure. A detail of the
enclosure shall be submitted with the Certificate of Zoning Compliance application.
Building Elevations: The applicant has submitted conceptual elevations of the proposed building included in
Exhibit VII.D. Building materials consist of stucco and brick with standing metal seam awnings. The final
design of the structure is required to comply with the design standards listed in the Architectural Standards
Manual.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is
required to be submitted and approved prior to application for building permits. The applicant must comply
with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual.
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 CUP application.
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EXHIBIT A
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VI. DECISION
Staff recommends approval of the proposed conditional use permit application in accord with the Findings in
Section IX per the provisions in Section VIII.
Commission:
The Meridian Planning and Zoning Commission heard this item on October 18, 2018. At the public
hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Jon Chatfield, Chatfield Architecture, applicant representative; Brian Johnston,
Goddard School franchise representative
ii. In opposition: None
iii. Commenting: Jon Chatfield, Brian Johnston
iv. Written testimony: None
v. Staff presenting application: Stephanie Leonard
vi. Other staff commenting on application: None
b. Key Issues of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Parking and pick-up/drop-off areas
d. Key Commission Changes to Staff Recommendation:
i. None
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EXHIBIT A
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VII. EXHIBITS
A. Site Plan (Dated: August 27, 2018)
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EXHIBIT A
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B. Landscape Plan (Dated: September 5, 2018)
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EXHIBIT A
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C. Floor Plan (Dated: September 12, 2018)
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EXHIBIT A
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D. Elevations (Dated: September 12, 2018)
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EXHIBIT A
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
1. PLANNING DIVISION
1. The applicant shall comply with all conditions of previous approvals (AZ-06-021, Development
Agreement Instrument No. 106141056; and PP-06-019).
2. The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-9, Daycare
Facility.
3. The site plan, included in Exhibit VII.A, dated August 27, 2018 shall be revised as follows:
a. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the
main building entrance; internal pedestrian walkways shall be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete, or bricks
as set forth in UDC 11-3A-19B.4.
b. Depict a bicycle rack on the site in accord with the standards listed in UDC 11-3C-5C.
c. The applicant shall extend and improve the shared street to the north of the site with
curbing and asphalt in accord with UDC 11-3A-19B-2.
4. The landscape plan included in Exhibit VII.B, dated September 5, 2018, shall be revised as
follows:
a. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the
main building entrance; internal pedestrian walkways shall be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete, or bricks
as set forth in UDC 11-3A-19B.4.
b. Planter size of interior parking lot landscaping shall comply with UDC 11-3B-8C-2a.
5. 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.
6. 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.
7. 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 Architectural Standards Manual (ASM).
8. Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
9. 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 11-5B-6F.
10. 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.
11. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
12. All signage for the property is subject to the standards set forth in UDC 11-3D.
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EXHIBIT A
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2. PUBLIC WORKS
1. The site plan submitted for this project shows an existing water service within
an easement in the southwest part of the site. If this service is not intended to be
used, the applicant shall be required to abandon the service back to the mainline
in E. Goldstone Street per Meridian Public Works Department Standards. As
part of the abandonment, the easement will need to be released by the City.
3. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/155931/Page1.aspx
4. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/156161/Page1.aspx
5. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/155578/Page1.aspx
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EXHIBIT A
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IX. FINDINGS
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
daycare center use 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-R 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.
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 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.
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EXHIBIT A
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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 import ance.
Meridian City Council Meeting Agenda November 1, 2018 – Page 81 of 137