PZ Recommendations / Staff Report to CCSTAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
October 7, 2014
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
E IDIAN
IflAHO
Kinsley — RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, D.L. Evans Bank, has applied for the following:
1) a rezone (RZ) of approximately 3.42 acres from the L -O (Limited Office) and R-15 (Medium
High-density Residential) zoning districts to the C -C (Community Business) zoning district;
2) a combined preliminary/final plat (PFP) consisting of three (3) commercial building lots on
approximately 2.61 acres of land in a proposed C -C zoning district;
3) a conditional use permit (CUP) for a drive-through establishment within 300 feet of a residential
district and extended hours of operation; and
4) a development agreement modification (MDA) to exclude the property from the recorded
development agreements and enter into a new one.
See Section VII, VIII & IX for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PFP, CUP and MDA applications 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 these items on September 4, 2014. At
the public hearing, the Commission voted to recommend approval of the subiect RZ, PFP and
CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Jason Densmer
ii. In opposition: None
W. Commenting: None
iv. Written testimony: Tamara Thompson
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Right-in/right-out only access to Pine Avenue. ACID supports the proposed access
op int.
Kinsley — RZ, PFP, CUP and MDA PAGE 1
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-14-
003, PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for the hearing date
of October 7, 2014, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-14-003,
PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for the hearing date of
October 7, 2014, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-14-003, PFP-14-001, CUP -14-002 and MDA -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.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the northeast corner of N. Ten Mile Road and W. Pine Avenue,
in the NW 1/4 of Section 11, Township 3 North, Range 1 West. (Parcel #S1211233735)
B. Applicant/Owner:
D.L. Evans Bank
2560 E. Fairview Avenue
Meridian, Idaho 83642
C. Representative:
Tamara Thompson, The Land Group Inc.
462 E. Shore Drive
Eagle, Idaho 83616
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a rezone, combined preliminary/final plat, conditional use permit
and development agreement modification. A public hearing is required before the Planning and
Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: March 31, and April 14, 2014 (Commission); September
15, and 29, 2014 (Council)
C. Radius notices mailed to properties within 300 feet on: March 20, 2014 (Commission);
September 11, 2014 (Council)
D. Applicant posted notice on site by: April 7, 2014 and Reposted on August 22, 2014
(Commission); September 25, 2014 (Council)
VI. LAND USE
A. Existing Land Use(s): The property is currently vacant commercial and residential property,
zoned L -O and R-15.
Kinsley — RZ, PFP, CUP and MDA PAGE 2
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Residential subdivision, zoned R-15
South: Vacant commercial property, zoned C -C
East: Multi -family development, zoned R-15
West: Vacant and developed residential properties, zoned R-15 and R-8
C. History of Previous Actions:
• In 2000, the property received annexation, preliminary plat and conditional use permit
approval (AZ -00-006, PP -00-005 and CUP -00-014) for Valeri Heights Subdivision. Due to a
number of factors, the Valeri Heights project was never constructed. A development
agreement was required with the annexation of the property (instrument # 100103906).
• In 2004, the City Council approved a new preliminary plat (PP -04-035), conditional use
permit (CUP -04-040) and development agreement modification (MI -04-011) for Sommersby
Subdivision. As part of the Sommersby DA modification, the Valeri Heights DA was
terminated and replaced with a new DA which recorded as instrument # 105184653.
• In 2005 and 2006, the City approved two phases of the Sommersby Subdivision (FP -05-071
and FP -06-024) which has developed with a mix of single family detached homes,
townhomes and multi -family.
• In 2008, the property received final plat approval of the third phase (FP -08-020) and an
amendment to the recorded DA recorded as instrument # 108101151. The applicant failed to
obtain signature on the plat therefore the plat has expired.
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the subject site was
installed as part of the Sommersby Subdivision.
2. Location of water: Water mains intended to provide service to the subject site was installed
as part of the Sommersby Subdivision.
3. 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 requested rezone to the C -C zoning district is consistent with the MU -C land use
designation. The purpose of this land use designation is to allocate areas where community -serving
uses and dwellings are integrated into the urban fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single -use and strip commercial type buildings. The vacant
property was always intended for a mixed use development and was planned with the multi -family
development to east. This is the last remaining vacant property approved under the planned
development to develop with the commercial uses to serve the area. Because the site is developing in
the context of a mixed-use development, staff finds the proposed uses (bank and retail) are consistent
with the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
Kinsley — RZ, PFP, CUP and MDA PAGE 3
the proposed use (staff analysis in italics):
1. "Require all commercial development and industrial businesses to install and maintain
landscaping." (2.07.03B)
A 25 foot wide landscape buffer is required adjacent to W. Pine Avenue and N. Ten Mile Road; a
10 foot landscape buffer is required adjacent to the private streets in accord with UDC 11 -3B -
7C.
2. "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.
3. "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development." (5.01.0213)
The proposed development is an infill project consistent with this objective.
4. "Review new development for appropriate opportunities to connect local roads and collectors to
adjacent properties." (3.03.020)
The applicant is proposing right-in/right-out only access from Pine Avenue and a northern access
to W. Acarrea consistent with the UDC.
5. "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.01J)
This area of Meridian lacks many commercial services including the financial institution and
retail uses. When the Sommersby project was approved, it was envisioned that office uses would
accompany the residential uses. Now that the Ten Mile Interchange is completed, N. Ten Mile
Road is transitioning into a major mobility corridor facilitating the need to provide neighborhood
friendly commercial uses in the area. Given the scale and bulk of the proposed commercial
development, staff is of the opinion that the proposed services will complement the existing
residential uses in the area and provide various commercial opportunities that are currently
lacking in the area.
6. "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117)
The property has always been contemplated for commercial uses and the original concept plan
integrated the office uses with the multi family uses. The applicant is proposing more intense
commercial uses however the commercial buildings are oriented away from the multi family
buildings and separated by parking and landscaping. Staff believes there is adequate
transitioning between the proposed commercial development and the existing multi family
development.
7. "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)
The applicant is seeking approval for a right-in/right-out access to Pine Avenue. Staff is
supportive of the Pine Avenue access. The UDC restricts access to arterial streets when local
street access is provided. A northern access to W. Acarrea is proposed consistent with the UDC.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
Kinsley — RZ, PFP, CUP and MDA PAGE 4
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
BUSINESS COMMUNITY DISTRICT (C -C) - 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 -C 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 -C zoning district.
D. Landscaping:
• Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table 11-213-3 and UDC 11 -3B -7C for the C -C zoning district.
• Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC I1 -3B -8C.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the proposed
commercial lots.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ) AND DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant is
proposing to rezone the property from the L -O and R-15 zoning districts to the C -C zoning
district to develop the site with a bank and two (2) retail pad sites consistent with the proposed
FLUM designation of MU -C.
The proposed concept plan depicts three (3) building footprints ranging in size between 4,200
square feet and 6,000 square feet, the proposed accesses, the parking and associated landscape
improvements. A concurrent conditional use permit was also submitted to establish a drive-
through for the proposed bank site (Lot 1, Block 1). The other drive-through depicted on Lot 2,
Block 1 is not approved and will require the approval of a conditional use permit to establish the
use. In general, staff is supportive of the proposed concept plan.
Under the existing zoning (L -O and R-15), the proposed retail and drive-through uses and
extended hours are not allowed. The recorded development agreement also restricts the property
from developing with any drive-through uses. Although the applicant has submitted a viable
concept plan, the only development proposed for the site is the bank and associated drive-
through. The other two pad sites are speculative at this time. Because the proposed commercial
development abuts a residential district, specific development plans are not proposed for Lots 2
and 3, Block 1 and transitional zoning is not proposed, staff is recommending restricting specific
uses from developing on the property.
In order to develop the property as proposed, the applicant has submitted a concurrent
development agreement modification to exclude the property from the recorded development
agreements and enter into a new one. Staffs recommended DA provisions are provided in
Exhibit B.
Kinsley — RZ, PFP, CUP and MDA PAGE 5
PRELIMINARY/FINAL PLAT (PFP): The proposed plat consists of three (3) commercial lots on
approximately 2.61 acres of land in a proposed C -C zoning district. The three (3) commercial lots
range in size between 29,136 square feet and 51,818 square feet respectively. The UDC does not
have a minimum lot size standard for the commercial development and the required landscape
buffers meet the dimensional standards of the UDC as noted below.
Access: UDC 11-3A-3 requires the commercial development to take access from the internal
private streets as contemplated with the Sommersby project. The applicant is seeking a Council
waiver for a right-in/right-out access point to W. Pine Avenue and no access is proposed to N.
Ten Mile Road. Staff supports the right-in/right-out access to W. Pine Avenue because it is
currently restricted with a center median. Over the last several months, the applicant has been
coordinating with the Sommersby HOA for a northern access to W.Acarrea. The revised plan in
Exhibit A.6 depicts the northern access and the removal of the Ten Mile access. Currently, the
landscape and the preliminary plat still show a Ten Mile Road access, however conditions are
provided in Exhibit B prohibiting access to Ten Mile Road.
Prior to signature on the final plat, the applicant must provide a recorded reciprocal cross
access agreement between the multi -family development and the proposed commercial
development for the right to connect/access W. Acarrea Lane.
Since the proposed commercial development has limited access to the adjacent arterial streets, a
note on the submitted plat states all commercial lots within the development have a reciprocal
pedestrian and vehicular cross access easement.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.S.
The landscape plan depicts the required 25 -foot wide landscape buffer adjacent to W. Pine
Avenue and N. Ten Mile Road. The street buffer landscaping complies with the standards in
accord with UDC 11 -3B -7C however; the plan should be revised that includes a continuous 25 -
foot wide landscape buffer along the entire Ten Mile frontage.
The 25 -foot wide landscape buffer between the commercial and residential uses is not required
along the north and east boundary because the existing uses are separated from the proposed
commercial development by private streets. Therefore, the landscape buffers on the submitted
plan comply with the dimensional standards of the UDC.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -
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 final plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Sidewalk: Currently, 7 -foot wide attached sidewalks are constructed on W. Pine Avenue and N.
Ten Mile Road installed with the widening of Ten Mile Road and the reconstruction of the
intersection. Staff is not recommending the removal of the new sidewalks with the proposed
commercial development.
CUP: With the development of Lot 1, Block 1 the applicant is proposing to construct a 4,750
square foot bank with associated drive-through. The UDC requires a conditional use permit if
drive-through establishments are within 300 feet of a residential district subject to specific use
standards listed below. Although the submitted site plan depicts two (2) drive-through uses
staff is only analyzing the bank drive-through as part of the subject application. Any other
future drive-through use must obtain approval of another conditional use permit. The
Kinsley — RZ, PFP, CUP and MDA PAGE 6
drive-through use shown on Lot 2, Block 1 is not approved with the subject application.
Drive-through Establishment: Per UDC 11-4-3-11, the following specific use standards apply
to the proposed drive-through uses 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 speaker locations and window locations
are not shown on the submitted site plan. These items must be included on the revised
plans submitted with the CZC application.
Further, financial institutions usually provide self-service facilities (ATM) for their
patrons. The submitted site plan does not depict the location of one. If an ATM is
proposed, the site plan needs to be revised to indicate the location of the ATM
machine which must comply with the self-service standards outlined in UDC 11-3A-
16.
B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons. The design of the drive-through for the bank (southern pad
site) provides three (3) drive-through lanes and an exit lane to allow for the stacking
of vehicle and provide adequate site circulation.
C. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking. The drive-through stacking lanes are separate from the circulation
lanes needed for access and parking in accord with this requirement.
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 the required escape lane.
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 for each of the pad sites.
1) Provide a bike rack detail.
2) Pedestrian walkways must be provided from the perimeter sidewalks 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.
3) Relocate the existing mail kiosk on the west side of the northern access to a more internal
location within the Sommersby development. Prior to signature on the final plat the
applicant should coordinate with the Post Master and the HOA on an appropriate location
for the mail kiosk.
4) Construct a passive traffic calming design element (such as bulb -outs or chokers) on the
west side of the banks drive-through area to deter vehicles from entering the bank drive-
through from the wrong direction.
5) Sign and stripe the banks drive-through area one-way.
Parking: Based on the overall square footage (s.f.) of the three (3) buildings, approximately
14,950 s.f., a minimum of 30 vehicle parking spaces are required to be provided on the site. A
total of 87 parking stalls are proposed, consistent with UDC requirements.
Based on the number of vehicle parking stalls provided (87), a bicycle rack capable of holding a
minimum of three (3) bicycles is required to be provided per UDC 11 -3C -6G in accord with the
Kinsley — RZ, PFP, CUP and MDA PAGE 7
standards listed in UDC 11 -3C -5C. With future CZC submittal, each building on the site will
responsible for provided a bike rack for each of the proposed pad sites in accord with this
requirement.
Landscaping: Parking lot landscaping is required to comply with the standards listed in UDC 1I -
3B -8C. The landscaping shown on the plan substantially complies with these standards. With the
submittal of the CZC application, all parking lot landscaping must comply with the landscape
standards set forth in UDC 11-313-8C.
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.
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 a C -C zoning district.
However, extended hours of operation may be extended through the conditional use process. As
part of the application submittal the applicant is seeking approval for extended hours of operation.
In the submitted narrative the applicant is proposing the future businesses be limited to the hours
of operation between 5 am and 12 am; 7 days a week. Since the commercial development to the
south was approved with similar hours of operation, staff is supportive of the proposed hours of
operation.
Building Elevations: The applicant has submitted sample elevations of the bank and a rendering
of a retail building. Staff is of the opinion that both renderings are consistent with the design
standards set forth in UDC 11-3A-19.
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 for the commercial
development. 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. Legal Description & Exhibit Map of Rezone Area
3. Proposed Preliminary Plat (dated: 03/04/14)
4. Proposed Final Plat (dated: 02/26/14)
5. Proposed Landscape Plan (dated: 09/25/14) (REVISED)
6. Proposed CUP Site Plan (dated: 09/25/14) (REVISED)
7. Proposed Building Elevations
B. Conditions of Approval
C. Required Findings from Unified Development Code
Kinsley — RZ, PFP, CUP and MDA PAGE 8
Exhibit A.1: Vicinity Map
Vicinity Map
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C -N She of Mandan makes no warranty or guarantee as to the
- content, accuracy.. timeliness, or completeness of any of the
data provided, and assumes no legal responsibility for the
information contained on this map.
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Kinsley — RZ, PFP, CUP and MDA PAGE 9
Exhibit A.2: Legal Description & Exhibit Map of Rezone Area
January 7, 2014
Project No. 113116
Rezone Description
Kinsley Subdivision
3.42 Acres
THE LAND GROUP, INC.
Exhibit "A"
Page 1 of I
A tract of land situated In the Southwest One Quarter of the Northwest One Quarter of Section 11,
Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as
follows:
BEGINNING at the. West One Quarter Comer of said Section 11, thence following the
westerly line of said Section 11, North 0'00'06" West a distance of 528.30 het;
Thence leaving said westerly line, North 89'59'20" East a distance of 193.99 feet;
Thence South 0'00'40" East a distance of 34.00 feet;
Thence North 89'59'20" East a distance of 81.00 feet;
Thence South 0'00'40" East a distance of 323.37 feet;
Thence South 89'59'20" West a distance of 3.00 het;
Thence South 0'22'56" West a distance of 50.50 het;
Thence South 89'37'04" East a distance of 55.12 feet;
Thence South 0'26'08" West a distance of 122.37 feet to the southerly line of the said
Southwest One Quarter of the Northwest One Quarter of Section 11;
Thence following said southerly One, North 89'36'16" West a distance of 325.91 feet to the
POINT OF BEGINNING.
The above-described tract of land contains 3.42 acres more or less, subject to all existing easements
and rights-of-way.
Attached hereto Is Exhibit "B" and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
. i- Zolq
Kinsley — RZ, PFP, CUP and MDA PAGE 10
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Kinsley — RZ, PFP, CUP and MDA PAGE 11
Exhibit A.3: Proposed Preliminary Plat (dated: 03/04/14)
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Kinsley — RZ, PFP, CUP and MDA PAGE 12
Exhibit A.4: Proposed Final Plat (dated: 02/26/14)
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Exhibit A.5: Proposed Landscape Plan (dated: 09/25/14) (REVISED)
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Conditional Use Permit - Site Plan
Kinsley — RZ, PFP, CUP and MDA PAGE 15
1
B. Conditions of Approval
1. PLANNING DIVISION
1.1.1 A new development agreement (DA) replacing the existing DA's is required as part of the project
approval. Prior to the rezone ordinance approval, a new DA shall be entered into between the City
of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A
CZC application will not be accepted nor will the final plat receive signature until the DA is
recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA
shall be signed by the property owner and returned to the City within two (2) years of the City
Council granting the rezone. The DA shall, at minimum, incorporate the following provisions:
a. Development of this site shall substantially comply with the site plan, landscape plan and
bank elevations in Exhibit A.
b. Future development of Lots 2 and 3, Block 1 shall comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
c. Development of the subject property shall comply with the C -C standards listed in UDC I I -
2B-3. The uses allowed pursuant to this agreement are those uses allowed in the C -C zoning
district listed in UDC Table 11-2B-2 except for the following: animal care facility, dispatch
center for mobile services, drinking establishments, minor vehicle repair, equipment rental,
sales and service, wireless communication facility and vehicle sales and rentals.
d. Any future drive-through use on the site (Lots 2 or 3, Block 1) shall comply with the specific
use standards set forth in UDC 11-4-3-11.
e. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
1.2 Conditional Use Permit
1.2.1 The applicant shall comply with the Specific Use Standards for drive-through establishments and
financial institutions listed in UDC 11-4-3-11 and UDC 11-4-3-17.
• With a future CZC submittal for the southern pad site (Lot 1, Block 1), the
applicant must include the speaker locations, teller window and ATM location on
the revised plan.
1.2.2 The site plan, prepared by The Land Group Inc., dated 09/25/14, is approved, with the conditions
listed herein. The applicant shall revise the site plan as follows:
• Where the pedestrian walkways from the perimeter sidewalks to the main building
entrance cross the vehicular driving surface they are required to be distinguished through
the use of pavers, colored or scored concrete, or bricks, per UDC 11 -3A -19A.4.
• Provide details of the bike racks.
• Relocate the existing mailbox kiosk on the west side of the northern access to a more
internal location within the Sommersby development. Prior to signature on the final
plat the applicant shall coordinate with the Post Master and the HOA on an
appropriate location for the mailbox kiosk.
• Construct a passive traffic calming design element (such as bulb -outs or chokers) on
the west side of the banks drive-through area to deter vehicles from entering the
drive-through area from the wrong direction.
• Sign and stripe the banks drive-through area one-way.
Kinsley — RZ, PFP, CUP and MDA PAGE 17
• The drive-through use shown on Lot 2, Block 1 is not approved with the subject
application.
1.2.3 With a future CZC and DES application submittal, the applicant must provide a landscape plan
that complies with the landscape standards set forth in UDC 11 -3B -8C.
1.2.4 The applicant shall comply with standards for self-service uses listed in UDC 11-3A-16.
1.2.5 Development of this site shall substantially comply with the site plan and building elevations
included in Exhibit A and the conditions of approval in this report.
1.2.6 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 uses and
final site layout and building designs prior to submittal of a building permit application.
1.2.7 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 Meridian Design Manual.
1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.2.9 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.
1.2.10 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.
1.2.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.2.12 The hours of operation for the commercial development is restricted to the hours between 5 am
and 12 am, seven days a week. Extended hours of operation may be requested through a
conditional use permit in accord with UDC 11-213-3A.4.
1.2.13 All signage for the property is subject to the standards set forth in UDC 11-313.
1.3 Preliminary/Final Plat - Site Specific Conditions of Approval
1.3.1 The preliminary/final plat shall be revised as follows:
a. Direct lot access is prohibited to N. Ten Mile Road in accord with UDC 11-3A-3. The
commercial development shall take access from W. Acarrea Lane and the right-in/right-out
access to Pine Avenue if the Pine access is granted by City Council and ACRD.
b. Prior to signature on the final plat, the applicant shall provide a recorded reciprocal
cross access agreement between the multi -family development and the proposed
commercial development for the right to connect/access W. Acarrea Lane.
c. All commercial lots shall have a reciprocal pedestrian and vehicular ingress/egress as stated
with plat note 44.
d. Note # 12: Include new DA instrument number.
1.3.2 The landscape plan, dated 09/25/14 shall be revised as follows:
a. All fencing shall be installed in accordance with UDC 11-3A-7.
Kinsley — RZ, PFP, CUP and MDA PAGE 18
b. Construct all perimeter landscaping as proposed. The landscape plan shall be revised 10
days prior to the City Council hearing that depicts a continuous 25 -foot wide landscape
buffer along the entire Ten Mile frontage. The landscape buffers adjacent to Ten Mile
Road and Pine Avenue must be installed prior to occupancy of the first structure.
c. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
d. Any existing landscaping near the construction zone must remain protected.
1.3.3 Comply with all ACRD conditions of approval.
1.3.4 Prior to issuance of a building permit for the commercial lots, the applicant shall obtain approval
of a Certificate of Zoning Compliance and Design Review application and record the final plat.
The proposed development shall comply with the design standards listed in UDC 11-3A-19 and
the guidelines contained in the Meridian Design Manual.
1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.4 General Conditions of Approval
1.4.1 Comply with all bulk, use, and development standards of the C -C zoning district listed in UDC
Table 11-213-2.
1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.4.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-313-6 and MCC 9-1-28.
1.4.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.4.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51
1.4.6 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.4.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3C -6B
for the commercial lots.
1.5 Ongoing Conditions of Approval
1.5.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.5.2 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.5.3 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.5.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.5.5 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 1I -
3A -3.
Kinsley — RZ, PFP, CUP and MDA PAGE 19
1.5.6 All common open space shall be maintained by an owner's association asset forth in UDC 11-
3G -3F1.
1.6 Process Conditions of Approval
1.6.1 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.
1.6.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.6.3 The preliminary and final plat approval shall be null and void if the applicant fails to either 1)
obtain the City Engineer signature on a final plat within two years; or 2) gain approval of a time
extension asset forth in UDC 11-613-7.
1.6.4 Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water
system along the South Ten Mile and West Pine Avenue frontages of this parcel. Applicant shall
coordinate with the Public Works Department on the possible connection to this system for the
provision of landscape irrigation water.
2.1.2 Applicant shall be responsible for the physical abandonment, per Meridian Public Works
Department standards, of all unused sewer and water services that were previously installed to
provide service to the subject site as part of the Sommersby Subdivision. Existing services being
utilized shall be located on each individual lot so that service lines do not need to cross from one
lot to another.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. 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.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
Kinsley — RZ, PFP, CUP and MDA PAGE 20
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -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
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2. 10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 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.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
Kinsley — RZ, PFP, CUP and MDA PAGE 21
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department opposes any access to N. Ten Mile Road.
4. FIRE DEPARTMENT
4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 '/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.2 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.
Kinsley — RZ, PFP, CUP and MDA PAGE 22
4.3 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.7 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
4.8 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.9 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9.
4.10 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.11 Commercial and office occupancies will require a fire -flow consistent with International Fire Code
Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
4.12 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4.14 The Fire Department opposes the access to Ten Mile Road.
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
7.1 Construct a 30 -foot wide curb return driveway on Pine Avenue located 270 -feet east of Ten Mile
Road. Pave the driveway its full width and at least 30 -feet into the site.
7.2 Direct lot access to Ten Mile Road is prohibited and shall be noted on the final plat.
7.3 Direct lot access to Pine Avenue is restricted to one right-in/right-out access and shall be noted on
the final plat.
Kinsley — RZ, PFP, CUP and MDA PAGE 23
7.4 Correct deficiencies or replace deteriorated facilities along Pine Avenue and Ten Mile Road
abutting the site. Included are sidewalk replacement, curb and gutter replacement, reconstruction
of pedestrian ramps, etc.
7.5 Payment of impacts fees are due prior to issuance of a building permit.
7.6 Comply with all Standard 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.
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 ACRD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACRD.
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.
Kinsley — RZ, PFP, CUP and MDA PAGE 24
C. Required Findings from Unified Development Code
1. REZONE FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant the rezone, the Council shall
make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to rezone the subject property to the C -C zoning district consistent
with the MU -C land use designation for this site. Therefore, the Commission finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (see
section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the C -C zoning district and is
generally consistent with the purpose statement of the district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Commission recommends that the Council consider any oral or written testimony that
may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and
The Commission finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation (as applicable) is in the best of interest of the City (UDC 11-513-3.E).
Not applicable.
2. PRELIMINARY/FINAL PLAT FINDINGS:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Commission finds that the proposed plat is in substantial compliance with the adopted
and proposed Comprehensive Plan in regard to land use, transportation, and circulation.
Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Commission finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
Kinsley — RZ, PFP, CUP and MDA PAGE 25
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the Commission finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Commission recommends that the Council consider comments from the public service
providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more
detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Commission is not aware of any health or environmental problems associated with the
platting of this property that should be brought to the Council's attention. ACHD considers
road safety issues in their analysis. The Commission recommends that the Council consider
any public testimony that may be presented to them when determining whether or not the
proposed subdivision may cause health, safety or environmental problems.
E The development preserves significant natural, scenic or historic features.
The Commission is unaware of any natural, scenic or historic features on this site. Therefore,
the Commission finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council may
consider any public testimony that may be presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance.
3. 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
bank and retail uses and comply with the development regulations of the C -C 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 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.
Kinsley — RZ, PFP, CUP and MDA PAGE 26
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.
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.
Kinsley — RZ, PFP, CUP and MDA PAGE 27