PZ - Staff Report 12-15 E IDIAN --
STAFF REPORT a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 12/15/2022 Legend
DATE:
Project Location
TO: Planning&Zoning Commission
FROM: Stacy Hersh,Associate Planner
208-884-5533 ;
SUBJECT: H-2022-0081
Guthries—CUP
LOCATION. 1840 W. Chinden Blvd,near the
EE
northwest corner of N. Linder Road and �
W. Chinden Blvd. in the SE 1/4 of the SE
1/4 of Section 23,Township 4N,Range ® ® FHTR
1W. � euzuz�uin�, --
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive-
through facility,residential district, and existing residence on 0.969 acres of land in the C-C zoning
district.
IL SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0..969-acre
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Restaurant with a drive-through
Current Zoning Community Business District(C-C)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date;#of 10/3/2022 I
attendees:
History(previous approvals) PP-14-011 (Chinden and Linder Crossing Subdivision);
MDA-14-008,Development Agreement Instr.#2014-
088001 (Chinden and Linder Crossing Subdivision);FP-
14-041 (Chinden and Linder Crossing Subdivision) CUP-
15-007(Carl's Jr expired).
Page 1
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C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 11/30/2022
Radius notification mailed to 11/13/2022
properties within 300 feet
Site Posting Date 12/3/2022
Next Door posting 11/28/2022
V. STAFF ANALYSIS
Comprehensive Plan:
COMMERCIAL LAND USES
This property is designated"Mixed Use—Community" on the Comprehensive Plan Future Land Use
Map.The purpose of this 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.Non-residential buildings in these
areas tend to be larger than in Mixed Use —Neighborhood areas, but not as large as in Mixed Use—
Regional areas.Goods and services in these areas tend to be of the variety that people will mainly travel
by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in
and around the neighborhood are encouraged.
The site is proposed to develop a drive-through restaurant which will contribute to the mix of uses in
this area and provide another fast food option to area residents within close proximity to nearby
residential developments. The proposed use will also provide employment opportunities to nearby
residents.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use(staff analysis in italics):
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets."(2.01.04B)
All parking lot landscaping is required to comply with the standards listed in UDC 11-3B-
8C.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F)
City water and sewer service stubs have been provided to this site with the development of the
subdivision.
Page 3
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.05.01J)
The proposed drive-through restaurant will contribute to the variety of uses and fast food
options in the northern portion of the City.
• "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
Street buffer landscaping was installed with the subdivision along W. Island Green Dr. and
N. Linder Rd. on this site in accord with the standards listed in UDC 11-3B-7C. Internal
parking lot landscaping is required to be installed in accord with the standards listed in UDC
11-3B-8C.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection."(3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
For the above-stated reasons, staff believes the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
SITE DESIGN AND CODE ANALYSIS
The Applicant proposes to construct a 2,083 (s.f.)restaurant with a drive-through for Guthries on a
0.969-acre property in the C-C zoning district.
A restaurant is listed as a principal permitted use in the C-G zoning district per UDC Table 11-2B-2,
subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a
conditional use permit when it's within 300 feet of another drive-through facility, an existing
residence or a residential district per 11-4-3-1 M.1. In this case, one other drive-through establishment
exists within 300 feet of the property—Zions Bank(H-2018-0077)on a lot to the east;there are also
existing residences and residential districts within 300 feet of the property.
The proposed hours of operation will be Sunday—Thursday from 10:00 am to 9:00 pm,and Friday
and Saturday from 10:00 am to 10:00 pm. Business hours of operation within the C-C District shall
be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. The
property does not directly abut a residential district; however,it is within 300 feet of existing
residential uses(north);therefore, Staff is supportive of the proposed hours of operation.
The proposed use and development plan is in substantial conformance with the provisions in the
existing Development Agreement(Inst. #2014-088001).
Specific Use Standards: Staffs analysis is in italics.
Drive-Through Establishment: The proposed drive-through establishment is subject to the specific
use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments providing
drive-through service are required to identify the stacking lane,menu and speaker location(if
applicable), and window location on the site plan.A menu board, speaker, and window location are
depicted on the site plan at the proposed ordering point. The site plan is also required to demonstrate
safe pedestrian and vehicular access and circulation on the site and between adjacent properties.Safe
pedestrian access should be provided from the vehicle stacking areas on the south sides of the
drive-through and along the northeast side of the site—one is required from the perimeter sidewalk
along Chinden to the main building entrance. Staff recommends additional pedestrian accesses to
the building along the southeast drive aisle per UDC 11-3A-19B.4 and a striped pedestrian
walkway on the northeast side of the site directing patrons to the building entrance(see proposed
Page 4
redlines on the site plan). Staff recommends signage be installed ahead of each crossing warning
drivers to watch out for pedestrians (west, northeast,south). Staff finds that the parking stalls to
the north should be restricted for employee parking only to maximize pedestrian safety. At a
minimum,the plan is required to demonstrate compliance with the following standards:
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the
public right-of-way by patrons;
The concept plan shows the stacking lane is a separate lane from the drive aisles and parking which
provides access to the rest of the development. The proposed site layout places a drive-through that
starts at the northeast corner of the building and goes all the way around the building with the exits
shown at the northeast corner and west side of the building and also shows the pick-up window on the
west side of the proposed restaurant. If there was additional or excessive overflow from the drive-
through lane which does sometimes occur from drive-through establishments at peak times, it may
stack into the parking lot to the east, north, and then west, not into W. Chinden Boulevard.
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 designated employee parking.
The stacking lane is a separate lane from the circulation lanes needed for access and parking,
however there is a potential for vehicles to stack in the southern drive aisle.
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
The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed
prior to approaching the ordering window on the west and east sides of the building.
5)The site should be designed so that the drive-through is visible from a public street for surveillance
purposes.
The drive-through is located on the east west side of the building and is visible from the private drive
on the west and from W. Island Green Drive along the north side of the property boundary for
surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through is in compliance with the
specific use standards as required.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49
Restaurant,which requires at a minimum,one (1)parking space to be provided for every 250 square
feet of gross floor area(see parking analysis below).
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-C zoning district.
Access: Access is provided to this site via W. Island Green Dr., a local street and the private drive
located on the west side of the property.A cross-access easement exists between all lots in this
subdivision as depicted on the plat for Chinden and Linder Crossing Subdivision. Direct access via
W. Chinden Boulevard is prohibited. At the time of the future Certificate of Zoning Compliance
(CZC) application,the applicant should provide written documentation of the recorded cross-
access easement.
Parking: A minimum of one (1)parking space is required to be provided for every 250 square feet of
Page 5
gross floor area for the proposed restaurant use. A minimum of 8 off-street vehicle parking spaces are
required for the 2,083 square foot building; the submitted site plan shows 25 proposed parking spaces
exceeding UDC minimums.
Due to the multiple entrances/exits provided on this site for parking and drive-through access,
Staff recommends that the Applicant depict striping and visible signage noting the required
traffic flow for the site.
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 not shown on the plans submitted
with this application.
Pedestrian Walkways: A pedestrian walkway is proposed from the sidewalk along the private road
to the main building entrance as required by UDC 11-3A-19.13.4. The proposed pedestrian
connection is required to be a minimum of five(5) feet in width. Where pedestrian walkways cross
vehicular driving surfaces,they're required to be distinguished from the vehicular driving
surface through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-
3A-19B.4.The site/landscape plan submitted with the Certificate of Zoning Compliance
application should reflect compliance with this standard—the proposed striping of the
crosswalk is not allowed and should be revised to comply with this standard.
Landscaping: Street buffer landscaping was installed within the street buffer along W. Chinden
Boulevard with the Chinden and Linder Crossing subdivision improvements and must remain
protected during construction on the site in accord with UDC 11-3B-IOC3.
Parking lot landscaping: Parking lot landscaping is required to be provided in accord with the
standards listed in UDC 11-3B-8C.
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: Conceptual building elevations were submitted as shown in Section VII.0 for a
single-story building that incorporates a mix of materials consisting of EIFS,brick veneer,metal
awnings,metal coping/downspouts,windows, and metal roofing. The final design of the structure is
required to comply with the design standards listed 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 style of the proposed building. The submitted
landscape plans do show adequate screening of the trash enclosure.
Certificate of Zoning Compliance& Design Review: A Certificate of Zoning Compliance and
Design Review 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,UDC standards
and design 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.
Page 6
VII. EXHIBITS
A. Proposed Site Plan(dated: 10/10/2022)
INFORNAi%lN
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Page 7
B. Proposed Landscape Plan(dated: 18/2022)
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Page 8
C. Building Elevations
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Page 9
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [);MDA-
14-008,Development Agreement Instr. #2014-088001 (Chinden and Linder Crossing
Subdivision)PP-14-011 (Chinden and Linder Crossing Subdivision);FP-14-041 (Chinden
and Linder Crossing Subdivision)].
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. The stacking lane,menu and speaker location(s),and window location shall be depicted
in accord with UDC 11-4-3-11B.
b. All mechanical equipment on the back of the building and outdoor service and equipment
areas 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.
c. The pedestrian walkway from the perimeter sidewalk along Chinden to the main building
entrance shall be distinguished from the vehicular driving surface through the use of
pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4b.; the two
additional required pedestrian walkways to the main building entrance(s)may be striped.
d. Depict signage ahead of each pedestrian crossing(s)in the drive-through lane(south and
northeast)notifying drivers to watch out for pedestrians.
e. Depict signage along the parking stalls to the north restricting the stalls for employee
parking only to maximize pedestrian safety.
£ Additional signage and parking lot striping is required throughout the site to efficiently
and adequately direct patrons to the menu boards and throughout the site with minimal
conflict.
g. Depict landscaping in the perimeter buffer and within the parking area in accord with the
standards listed in UDC 11-3B-8C.
h. Depict signage ahead of each pedestrian crossing(s)in the drive-through lane(south and
northeast)notifying drivers to watch out for pedestrians.
i. Depict one bicycle rack as close to the building entrance as possible without obstructing
pedestrian walkways,public sidewalks, or building entrance(s)in accord with UDC 11-5-
3C-5 and UDC 11-3C-6G.
3. Compliance with the standards listed in UDC 11-4-3-11— Drive-Through Establishment and
11-4-3-49—Restaurant is required.
4. Street buffer landscaping was installed within the street buffer along W. Chinden Boulevard
with the Chinden and Linder Crossing subdivision improvements and must remain protected
during construction on the site in accord with UDC 11-3B-1OC3.
5. Submit elevation of the trash enclosure that generally matches the proposed building design
with the submittal of the CZC and DES application.
6. Business hours of operation within the C-C District shall be limited from 6:00 am to 11:00 pm
when the property abuts a residential use or district
Page 10
7. Direct access via W. Chinden Boulevard is prohibited. At the time of the future Certificate of
Zoning Compliance CZC) application, the applicant should provide written documentation of
the recorded cross-access easement.
A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
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
Site Specific Conditions of Approval
1. A future install agreement will be required for the development of this property. This
agreement will be for$14,000.00 for the cost of one streetlight to be installed after the final
building out Chinden Blvd.
General Conditions of Approval
1. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). 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. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
3. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
4. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
5. 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.
6. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
7. 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.
8. 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.
Page 11
9. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
10. Developer shall coordinate mailbox locations with the Meridian Post Office.
11. 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.
12. 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 ACHD. 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.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=282199&dbid=0&r0o=MeridianC
hty
D. NAMPA&MERIDIAN IRRIGATION DISTRICT
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=282304&dbid=0&repo=MeridianC
Ry
IX. FINDINGS
Conditional Use(UDC 11-5B-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.
Staff finds the site is large enough to accommodate the proposed development and meet all
dimensional and development regulations of the C-C zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Staff ,finds the proposed restaurant with a 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.
Staff 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.
Staff ,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.
Page 12
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.
Staff 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.
Staff ,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.
Staff 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)
Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
Page 13