EICU Ten Mile Branch H-2022-0068 Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H O
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit(CUP)for a new drive-through for a
financial institution located within 300 feet of a residential use on approximately 1.23 acres of land
in the C-G zoning district,by Steven Peterson,CLH Architects&Engineers.
Case No(s).H-2022-0068
For the Planning& Zoning Commission Hearing Date of: October 20,2022 (Findings on November
3,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 20,2022,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 20, 2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of October 20,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 20,2022, 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). (EICU Ten Mile Branch CUP—H-2022-0068)
Page 1
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 20,2022, 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 § I I-
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 October 20, 2022, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC 11-513-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). (EICU Ten Mile Branch CUP—H-2022-0068)
Page 2
G. Attached: Staff Report for the hearing date of October 20,2022.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). (EICU Ten Mile Branch CUP—H-2022-0068)
Page 3
By action of the Planning&Zoning Commission at its regular meeting held on the 3rd day of
November ,2022.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 11-3-2022
Attest:
Chris Johnson, City Clerk 11-3-2022
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: 11-3-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). (EICU Ten Mile Branch CUP—H-2022-0068)
Page 4
EXHIBIT A
E STAFF
N --
STAFF REPORT a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/20/2022 fe'°P
.i GROVf 3i_s
DATE, �j/ / ` NDITCH
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TO: Planning&Zoning Commission f-- ---------- -
FROM: Joseph Dodson,Associate Planner '• � � � ` `
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208-884-5533
SUBJECT: H-2022-0068
East Idaho Credit Union(EICU)Ten Z ,
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Mile Branch—CUP
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LOCATION: Located at 3087 W. Milano Drive nearthe northeast corner of Ten Mile and
E
McMillan Roads,in the SW 1/4 of the nor a NA,;N
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SW 1/4 of Section 26,Township 4N,
Range 1 W. - - —
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I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a new drive-through for a financial institution located within 300
feet of a residential use on approximately 1.23 acres of land in the C-G zoning district,by Steven
Peterson,CLH Architects&Engineers.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.23 acres
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Financial Institution with drive-through services
Current Zoning General Retail and Service Commercial District(C-G)
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date June 23,2022
History(previous approvals) H-2019-0126(Ten Mile&McMillan MDA);PBA-2021-
0007;H-2022-0011 (Ten Mile&McMillan MDA).
Page 1
EXHIBIT A
A. Project Area Maps
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III. APPLICANT INFORMATION
A. Applicant:
Steven Peterson, CLH Architects &Engineers—2484 Washington Blvd., Ste. 510, Ogden UT
84401
B. Owner:
East Idaho Credit Union—865 S. Woodruff Avenue, Idaho Falls, ID 83401
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 10/5/2022
Radius notification mailed to 9/29/2022
properties within 500 feet
Site Posting Date 9/23/2022
Next Door posting 9/30/2022
Page 2
EXHIBIT A
V. STAFF ANALYSIS
Comprehensive Plan:
COMMERCIAL LAND USES
This designation will provide a full range of commercial uses to serve area residents and visitors.
Desired uses may include retail,restaurants,personal and professional services,and office uses,as
well as appropriate public and quasi-public uses. Sample zoning include: C-N, C-C, and C-G.
The subject site is one of multiple commercial zoned and designated properties that frame the
intersection of Ten Mile and McMillan Roads. Therefore, there are a myriad of commercial uses
existing and under construction with more to come as this area continues to develop. The proposed
use of a financial institution with a drive-through fits within the professional services use designated
within the Commercial designation in the Comprehensive Plan, as noted above. The proposed use, in
conjunction with the already approved or constructed uses, satisfy the general Commercial future
land use designation for this area. Staff finds the proposed project is generally consistent with the
Comprehensive Plan.
SITE DESIGN AND CODE ANALYSIS
The proposed drive-through is for a financial institution that is within 300-feet of a residential use to
the east(McMillan Independent Senior Living Facility)currently under construction(H-2020-0004),
which requires Conditional Use Permit approval(CUP)per UDC Table 11-2B-2. There are also a
number of vehicular dominated uses to the south (a vehicle washing facility and a fuel sales facility)
but they did not require CUP approval as they are specific uses that are principally permitted in the
C-G zoning district. Nonetheless, the nature of the nearby uses are vehicle dominated similar to that
of a drive-through which should be taken into account with the analysis of this project.
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 subject 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 a one-way drive aisle that circles the proposed building and
leads to four(4) covered drive-through lanes for drive-up services for the bank. Therefore, the
stacking lane is approximately 185 feet in length from the start of the aisle to the drive-up
facilities. Due to the site design and length of available stacking Staff believes the stacking lane
has sufficient capacity to serve the use without obstructing driveways and drive aisles by patrons.
The Applicant should ensure there is adequate signage to direct patrons through the one-way
stacking lane.
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 lane is separate from any circulation lanes on the subject
site. Staff does not foresee the stacking lanes impeding the circulation lanes, especially due to the
proposed design and length of the stacking lane.
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.
Page 3
EXHIBIT A
4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape
lane; and
The stacking lane is approximately 185 feet in length so an escape lane is required and proposed.
According to the submitted plans, a minimum 12 foot wide escape lane is proposed outside of the
drive-through lane sphere of influence. Stafffinds the submitted plans depict compliance with this
standard.
5)The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
Both the stacking lane and the drive-up windows/kiosks are visible from Ten Mile Road to the
west because the lane and services are on the west and south side of the building, respectively.
Based on the above analysis, Staff deems the proposed drive-through to be 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 also assist in verification of compliance to the specific use
standards and with UDC 11-3A-16 for self-service uses, specifically in regards to visibility of the
drive-up ATM or any walk-up ATM. Staff has analyzed the submitted site and landscape plans
against UDC 11-3A-16 and finds the proposed site design to be compliant.
Access: Two driveway accesses are proposed to the site via the shared north/south driveway along the
east boundary of the site;this access is a shared access for all of the properties within this commercial
subdivision that front on the abutting arterial streets(the senior living facility does not access this
shared drive aisle). The shared access drive connects to both Ten Mile Road south of the subject site
and also to Milano Drive north of the site.
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 3,375 square feet
requiring a minimum of 7 parking spaces—the submitted site plan shows 38 proposed parking spaces
exceeding UDC minimums.
The recorded Declaration of Easements, Covenants, Conditions and Restrictions for this development
establish cross-parking and cross-access easements for lots within the development(Inst. 2021-
129579). This lot is proposed to share some drive aisles and parking areas with the lot directly to the
north that is currently undeveloped. Due to the existing agreement and easements, staff finds the
parking is sufficient for the proposed use.
A minimum of 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. A bike rack is labeled on the site plan and its design
will be verified with the future CZC application.
Page 4
EXHIBIT A
Pedestrian Walkways:No 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-1913.4a. Therefore,the Applicant should revise the site plan to depict this required sidewalk.
Specifically, Staff recommends this sidewalk connection be made near the northwest corner of the
site to add the sidewalk connection to the proposed sidewalk on the north side of the building. See
snip below:
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Consistent with UDC 11-3A-19B.4b,the pedestrian facility should be distinguished from the
vehicular driving surface through the use of pavers, colored or scored concrete, or bricks where this
pedestrian connection traverses the drive-through lane.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-313-8C. Landscaping is depicted on the landscape plan in Section VII.B in planter islands
within the parking area as required.
In addition, 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 buffers along the north, east, and south boundaries. However, it is
unclear what the reddish/brown hatched design is depicting on the submitted landscape plan for the
planting areas. With the CZC submittal,the landscape plan will be reviewed to ensure
compliance with the landscape material standards outlined in UDC 11-313-5.
Street buffer landscaping, including a sidewalk, along N. Ten Mile Rd. was installed with
development of the overall subdivision. The submitted landscape plans show this buffer remaining as
it currently exists. Therefore,the submitted plans show compliance with this requirement.
Mechanical Equipment: All mechanical equipment and outdoor service 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.
Page 5
EXHIBIT A
Building Elevations: The Applicant submitted conceptual building elevations for the proposed
financial institution. The building elevations depict three (3)main materials of cement lap siding,
brick veneer, and stone/rock veneer. In addition,the site plan depicts appropriate wall modulation
along each side of the building. The Applicant did not submit color renderings but based on the
conceptual elevations, Staff anticipates the building will comply with all Architectural Standards
Manual(ASM) standards.
Certificate of Zoning Compliance and Design Review: A Certificate of Zoning Compliance(CZC)
and Administrative Design Review(DES) applications are required to be submitted for the proposed
building 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.
B. The Meridian Planning&Zoning Commission heard this item on October 20, 2022. At the Dublic
hearing.the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: Steve Peterson,Applicant Architect
b. In opposition:None
c. Commenting: Steve Peterson
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. None
3. Key issue(s)of discussion by Commission:
a. Location of required pedestrian connection from arterial sidewalk to internal sidewalks
with a desire for it to be coordinated with staff for adequate pedestrian safety:
b. Design of escape lane and when it should or should not start within the drive-through
lane.
4. Commission change(s)to Staff recommendation:
a. None
Page 6
EXHIBIT A
VII. EXHIBITS
A. Site Plan(signed: 4/18/2022)
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Page 7
EXHIBIT A
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Page 8
EXHIBIT A
B. Landscape Plan(signed: 4/18/2022)
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Page 9
EXHIBIT A
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Page 10
EXHIBIT A
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Page 11
EXHIBIT A
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Page 12
EXHIBIT A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with all previous approvals: AZ-03-005; PP-07-
022; FP-08-010; A-2019-0290 (PBA,ROS#12081);PBA-2021-0007 (ROS#12991); H-2019-
0126 (MDA); H-2022-0011 (MDA).
2. The site plan submitted with the future Certificate of Zoning Compliance application shall be
revised as follows:
a. Depict the required pedestrian connection from the arterial sidewalk to the main building
entrance near the northwest corner of the property as depicted in Section V above,per
UDC 11-3A-1913.4a—the pedestrian facility should be distinguished from the vehicular
driving surface through the use of pavers, colored or scored concrete, or bricks where this
pedestrian connection traverses the drive-through lane.
b. Include exhibits and locations of signage for the one-way drive through lane along the
north and west boundaries.
3. The landscape plan submitted with the future Certificate of Zoning Compliance application
shall be revised as follows:
a. Depict the required pedestrian connection as noted above in Section VIII.A.2a.
b. Ensure compliance with UDC I I-3B-5 for all landscaped areas and comply with the
parking lot landscaping standards in accord with UDC 11-3B-8C.
c. Existing landscaping shall be protected during construction in accord with UDC 11-313-
10C.3.
4. Comply with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment is
required.
5. Comply with the standards listed in UDC 11-4-3-17—Financial Institution.
6. Comply with the standards listed in UDC 11-3A-16 for self-services uses(i.e. automatic teller
machines).
7. Certificate of Zoning Compliance and Administrative Design Review applications shall be
submitted and approved for the proposed use prior to submittal of a building permit
application.
8. 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
as set forth in UDC 11-513-6F.
B. PUBLIC WORKS
1. Flow is committed
2. No existing sewer service to parcel.
3. If bringing main to parcel, sewer services cannot be connected by cleanout. Cleanout should
be replaced with manhole.
4. Manholes must have a 14' wide access road.
Page 13
EXHIBIT A
5. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls,
fences,infiltration trenches, light poles, etc.) are built within the utility easement.
6. Ensure no sewer services pass through infiltration trenches.
7. There is no existing water meter at the west side of the site. The existing 8" stub to the site
ends in a blow-off. Call out removal of the blow-off and tie in water meter to the 8" stub.
8. The existing water meter and water easement do not line up. If the existing water line on the
property does not have an easement a 20'easement must be provided.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.ore/WebLink/DocView.aWx?id=2 74619&dbid=0&repo=MeridianC
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IX. FINDINGS
Conditional Use Findings(UDC 11-513-6): 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 drive-through lanes 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.
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.
Page 14
EXHIBIT A
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.
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