Z - Signed Findings Item 3. F120]
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW VAND IDIAN --
DECISION& ORDER 1 D A H 0
In the Matter of the Request for Conditional Use Permit for a drive-through establishment within
300-feet of another drive-through establishment for Mountain America Credit Union,located on
Lot 13 in the Lost Rapids Subdivision on the west side of N.Ten Mile Road approximately 1/8 mile
south of W. Chinden Boulevard in the C-G Zoning District,by Sanders Associates Architects on
behalf of Mountain America Credit Union.
Case No(s).H-2021-0019
For the Planning&Zoning Commission Hearing Date of. May 6,2021 (Findings on May 20,2021)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 6, 2021, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 6,2021,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 6, 2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 6,2021,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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). Mountain America Credit Union CUP,H-2021-0019
Page 1
Item 3. 121
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 May 6,2021,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 Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of May 6,2021,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 11-513-617.1.
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 11-513-6.17.1,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. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67,Idaho Code.
F. Attached: Staff report for the hearing date of May 6,2021.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). Mountain America Credit Union CUP,H-2021-0019
Page 2
Item 3. F122]
By action of the Planning&Zoning Commission at its regular meeting held on the 20th day of
May ,2021.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER LISA HOLLAND VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
COMMISSIONER MARIA LORCHER VOTED
Rhonda McCarvel, Chairman 5-20-2021
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 5-20-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). Mountain America Credit Union CUP,H-2021-0019
Page 3
Item 3. 123
EXHIBIT A
E STAFF REPORT
REPORT a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/6/2021 Legend
DATE: 0
Project Location
TO: Planning&Zoning CommissionTM
FROM: Joseph Dodson,Associate Planner - ------
208-884-5533
SUBJECT: H-2021-0019 &A-2021-0063
o
Mountain America Credit Union—CUP WUA
&DES �
o �LOCATION: W. side of N. Ten Mile Rd.,north of W. ���
Lost Rapids Dr. (Lot 13,Block 1,Lost
Rapids Subdivision—Parcel L EFIFE
#R5330761300), in the NE 1/4 of Section ® ® �
27, Township 4N.,Range 1 W.
I. PROJECT DESCRIPTION
Conditional use permit for a drive-through establishment within 300-feet of another drive-through
establishment on 1.16 acres of land in the C-G zoning district and concurrent Administrative Design
Review.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.16-acres
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Financial Institution with a detached drive-through
Current Zoning General Retail and Service Commercial District(C-G)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of February 18,2021;2 attendees
attendees:
History(previous approvals) H-2018-0004(DA#2018-079970,Lost Rapids-GFI
Meridian Investments II,LLC);FP-2019-0056
Page 1
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Item 3. 125
EXHIBIT A
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 4/16/2021
Radius notification mailed to 4/13/2021
properties within 500 feet
Site Posting Date 4/26/2021
Next Door posting 4/13/2021
V. STAFF ANALYSIS
The proposed drive-through is for a financial institution and is within 300-feet of a restaurant drive-
through to the south that has recently received Commission approval(Lost Rapids Drive-through,H-
202 1-000 1),which requires Conditional Use Permit approval(CUP)per UDC Table 11-2B-2. There
are also residential uses and zoning to the east across N. Ten Mile Rd. but because the uses are
separated by an arterial street, these are not a factor in the CUP requirement per UDC 11-4-3-IIA.
Specific Use Standards: The proposed drive-through establishment is subject to the specific use
standards listed in UDC 11-4-3-11,Drive-Through Establishment. A site plan is required to be
submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and
between adjacent properties.At a minimum,the plan is required to demonstrate compliance with the
following standards: Staffs analysis is in italics.
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and
the public right-of-way by patrons;
The proposed drive-through has three(3)stacking lanes that are approximately 65'+/-from the
drive aisle to the drive-up services for the bank;furthermore, the proposed drive-up services are
proposed in a detached structure that is on the west end of the site with the main building being
on the east of the site, approximately 95'apart. Staff believes the stacking lane has sufficient
capacity to serve the use without obstructing driveways and drive aisles by patrons.
2)The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designed employee parking.
Per the submitted site plan, the stacking lanes are off of the shared internal access and provide at
least 65'of are before any vehicle would impede any access. Staff does not foresee the stacking
lanes impeding the circulation lanes, especially due to the proposed design of a detached drive-
through.
3)The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence;
The stacking lane is not located within 10'of any residential district or residence.
4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape
lane; and
Page 3
Item 3. ElEXHIBIT A
The stacking lanes do not exceed 100'in length so no escape lane is proposed. However, the exit
drive-aisle for the detached drive-through is shown as 23'wide, allowing for patrons to exit the
drive-through and turn north or south with ample room on either side.
5)The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The detached drive-through is not exceptionally visible from N. Ten Mile Rd. (the closest public
street) along the east boundary of the site but the south boundary of the site is one of the main
ingress and egress drive aisles for the overall Costco site. Staff finds this shared drive-aisle and
overall proximity to Ten Mile Road(no more than 185 feet in distance)provides for adequate
surveillance opportunities.
Based on the above analysis, Staff deems the proposed drive-through in compliance with the
specific use standards as required.
The proposed use of a financial institution is subject to the specific use standards listed in UDC 11-4-
3-17. The proposed site plan appears to show compliance with all of the standards and will be further
verified with the future Certificate of Zoning Compliance(CZC)application.At the time of CZC
review,Meridian Police Department will verify compliance with the required specific use standards.
Access: One driveway access is proposed to the site via the north/south driveway along the west
boundary of the site from W. Lost Rapids Dr. from the south and a driveway access via N. Ten Mile
Rd. adjacent to the property along the south boundary. A reciprocal cross-access easement exists for
lots in this subdivision as noted on the Lost Rapids subdivision plat(note#12) and in the Declaration
of Easements, Covenants, Conditions and Restrictions(Inst. 2020-071547).
Parking: A minimum of one(1)parking space is required to be provided for every 500 square feet of
gross floor area for nonresidential uses. The proposed building is shown as 4,276 square feet
requiring a minimum of 9 (rounded up from 8.5)parking spaces; the submitted site plan shows 30
proposed parking spaces exceeding UDC minimums.
The recorded Declaration of Easements, Covenants, Conditions and Restrictions for this development
establish cross-parking easements for lots in certain groups within the development(Inst. 2020-
071547,Amended Inst. #2020-171404). This lot(Lot 12) is grouped with Lot 11 directly to the north
and shares a perpetual,non-exclusive cross-parking easement with that lot.
A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location
and design standards listed in UDC 11-3C-5C. Bicycle parking is shown on the submitted plans in
compliance with code.
Pedestrian Walkways: A pedestrian walkway is depicted on the site plan from the arterial/perimeter
sidewalk along N. Ten Mile Rd. to the main building entrance as required by UDC 11-3A-19B.4a and
meets code as submitted.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-3B-8C. Landscaping is depicted on the landscape plan in Section VII.B in planter islands
within the parking area as required.
A minimum 5-foot wide landscape buffer is required to be provided along the perimeter of the
parking or other vehicular use areas as set forth in UDC 11-3B-8C.1. The submitted landscape plan
shows the required perimeter buffer but the buffer along the north boundary does not show any trees
within this buffer. Trees are required to be provided for within these buffers at a ratio of at least 1 tree
every 35 linear feet.With the CZC submittal,the landscape plan should be revised to show
compliance with this standard.
Page 4
Item 3. 127
EXHIBIT A
Street buffer landscaping, including a sidewalk, along N. Ten Mile Rd. was installed with
development of the overall subdivision. The submitted landscape plans show a majority of this buffer
remaining as it currently exists but towards the southern end of this buffer the plans show additional
landscaping to highlight the building and future monument sign. This area of the buffer also contains
the new sidewalk connection from the existing sidewalk along Ten Mile to the front of the proposed
building.
Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service
and equipment should be incorporated into the overall design of buildings and landscaping so that the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be
roof-mount, all equipment should be screened and out of view as noted above.
Building Elevations: The Applicant applied for Design Review concurrently with this CUP
application and therefore provided building elevations to be reviewed. The building elevations were
submitted as shown in Section VILC and incorporate two main field materials, fiber cement siding
and stone. The siding and stone are two contrasting colors(coal-like color and white,respectively)
which adds to the overall modern design of the building. On the east and west elevations,the number
of proposed windows can act as either an accent material or a third field material. The lack of
modulation along the north and south elevations are of concern to Staff. In order to meet the
modulation requirements for these two facades, a column of stone at least 6 inches in depth should be
added to each facade,matching the overall aesthetic by placing them as evenly as possible on each
facade.
The detached drive-through canopy is shown with the same two field materials (fiber cement siding
and stone)as the main building and meets all of the applicable design standards outlined in the
Architectural Standards Manual.
No elevations were submitted that show the proposed trash enclosure;this should be corrected with
the future CZC submittal and should match the color of the proposed building. The submitted
landscape plans show adequate screening of the trash enclosure.
Certificate of Zoning Compliance: A Certificate of Zoning Compliance application is required to be
submitted for the proposed use prior to submittal of a building permit application to ensure
consistency with the conditions in Section VIII and UDC standards.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX. The Director has approved the administrative
design review request.
B. The Meridian Planning&Zoning Commission heard this item on May 6,2021. At the public
hearing.the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: Shane Sanders. Sanders AssociatesApplicant Representative
b. In opposition:None
C. Commenting: Shane Sanders:Kent Brown,Kent Brown Planning.
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Complexity of drive aisles and vehicle circulation within commercial developments.
Page 5
item s. EX H I B I T A
3. Key issue(s)of discussion by Commission:
a. Location of the drive-through exit in relation to the main drive aisle entrance into the
larger commercial development.
4. Commission change(s)to Staff recommendation:
a. None
VII. EXHIBITS
A. Proposed Site Plan(dated: 3/23/2021)
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Page 6
Item 3. ElEXHIBIT A
B. Proposed Landscape Plan(dated: 3/23/2021)
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Page 7
Item 3. 130
EXHIBIT A
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EXHIBIT
C. Conceptual Building Elevations
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Page 9
Item 3. 132
EXHIBIT A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the existing Development Agreement(Inst.
#2018-079970,Lost Rapids- GFI Meridian Investments II,LLC)and associated conditions of
approval(H-2018-0004; FP-2019-0056).
2. The site plan submitted with the future Certificate of Zoning Compliance application shall be
revised as follows:
a. Depict the parking stalls in accordance with UDC Table 11-3C-5 to be at least 9' wide
and 19' deep unless there is at least a 2' overhang in front of the stall allowing the stall
depth to be reduced to 17'.
b. If 17' stall depths are desired abutting the proposed building, depict the sidewalk to be at
least 7' in width; all sidewalks shall be at least 5' in width.
3. The landscape plan submitted with the future Certificate of Zoning Compliance application
shall be revised as follows:
a. Depict the required number of trees within the planter bed along the north boundary,per
UDC 11-313-8.
4. The elevations submitted with the Administrative Design Review(DES)application are
approved with the following revisions:
a. Show the north and south elevations with additional qualifying modulation per standard
3.1A&3.1B in the Architectural Standards Manual. The revisions to the elevations are
required with the submittal of the certificate of zoning compliance application.
5. Submit elevations of the trash enclosure that matches the proposed building color.
6. Comply with the standards listed in UDC 11-4-3-11—Drive-Through Establishment is
required.
7. Comply with the standards listed in UDC 11-4-3-17—Financial Institution.
8. A Certificate of Zoning Compliance application shall be submitted and approved for the
proposed use prior to submittal of a building permit application.
9. Prior to receiving Certificate of Occupancy,the required 35-foot landscape buffer along Ten
Mile Road shall be vegetated and completed in accord with previous approvals and UDC I I-
3B-7.
10. The conditional use permit is valid for a maximum period of two(2)years unless otherwise
approved by the City. 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 as set forth in UDC 11-5B-6. A time extension may be requested
asset forth in UDC 11-5B-6F.
Page 10
Item 3. 133
EXHIBIT A
B. PUBLIC WORKS
1. There are no utilities shown with the plans submitted. Any changes to public water or sewer
infrastructure must be reviewed by Public Works prior to approval.
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciU.org_/WebLink/DocView.aspx?id=227458&dbid=0&repo=MeridianC
Lty
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.org WWebLinkIDocView.aspx?id=226253&dbid=0&repo=MeridianC
Lty
https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=225686&dbid=0&r0o=MeridianC
Lty-
IX. FINDINGS
Conditional Use (UDC 11-513-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. 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.
Commission finds the site is large enough to accommodate the proposed development and meet
all dimensional and development regulations of the C-G zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Commission finds the proposed financial institution with a detached drive-through will be
harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with
the conditions noted in Section VIII of this report.
3. 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.
Commission finds the design, construction, operation and maintenance of the proposed use will
be compatible with other uses in the general neighborhood, with the existing and intended
character of the vicinity and will not adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Commission finds the proposed use will not adversely affect other properties in the vicinity if it
complies with the conditions in Section VIII of this report.
5. 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.
Commission finds the proposed use will be served by essential public facilities and services as
required.
Page 11
Item 3. 134
EXHIBIT A
6. 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.
Commission finds the proposed use will not create additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
7. 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.
Commission finds the proposed use will not be detrimental to any persons,property or the
general welfare by the reasons noted above.
8. 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. (Ord. 05-1170,8-30-2005,eff. 9-
15-2005)
Commission finds the proposed use will not result in the destruction, loss or damage of any such
features.
Page 12