Wienerschnitzel H-2022-0074 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 for Wood Rose Apartments,Located at
3136 W.Quintale Drive in the C-G Zoning District,by John Day, SU Architecture.
Case No(s).H-2022-0074
For the Planning& Zoning Commission Hearing Date of: January 19,2023 (Findings on February
2,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 19,2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 19, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 19,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 19,2023, 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
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Wienerschnitzel CUP H-2022-00741
Page I
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of January 19,2023, 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 January 19, 2023, 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 11-513-617.2.
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 § 67-6521(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.
G. Attached: Staff Report for the hearing date of January 19,2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Wienerschnitzel CUP H-2022-00741
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
February ,2023.
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 2-2-2023
Attest:
Chris Johnson, City Clerk 2-2-2023
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: 2-2-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [Wienerschnitzel CUP H-2022-00741
Page 3
EXHIBIT A
E STAFF REPORT
REPORT a H o
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING Continued to 1/19/2023
DATE: g Le end mm� ��
0
�► _
D Project Location
TO: Planning&Zoning Commission ��urlw ® p� EHE
FROM: Stacy Hersh,Associate Planner ® ® ERE
® �
208-884-5533
SUBJECT: H-2022-0074
Wienerschnitzel—CUP
LOCATION: 3136 W. Quintale Drive,near the ►
southeast corner of N.Ten Mile and W. ____
McMillan Roads,in the NW 1/4 of the , -�.;-------
NW 1/4 of Section 35,Township 4N,
Range 1 W. ff
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive-
through facility on 0.535 acres of land in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.535-acre
Future Land Use Designation Commercial
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Restaurant with a drive-through
Current Zoning General Retail&Service Commercial(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date;#of 6/30/2022
attendees:
History(previous approvals) H-2019-0102(DA Ten Mile Plaza);SHP-2021-0008(Short
—Fluid Estates Subdivision);Development Agreement
(Inst.#2019-1215991)
Page 1
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IN.
EXHIBIT A
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper Notification 11/16/2022
Radius notification mailed to 11/10/2022
properties within 500 feet
Site Posting Date 1/6/2023
Next Door posting 11/10/2022
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 surround the
intersection of Ten Mile and McMillan Roads. There is a multitude of commercial uses existing and
under construction with more to come as this area continues to develop. The proposed use of a
restaurant with a drive-through is a desired 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 Applicant proposes to construct a 1,246(s.£)restaurant with a drive-through for Wienerschnitzel
on a 0.535-acre property in the C-G 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-IIA.1. In this case, one other drive-through establishment
exists within 300 feet of the property—Ten Mile Plaza(A-2020-0027)on the abutting lot to the north;
there are no existing residences or residential districts within 300 feet of the property.
The proposed use,development plan, and elevations are in substantial conformance with the
provisions in the existing Development Agreement(Inst. #2019-121599).
Specific Use Standards: Staffs analysis is in italics.
Drive-Through Establishment: The proposed drive-through establishment is subject to the
Page 3
EXHIBIT A
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 and speaker are
depicted on the site plan at the proposed ordering point; the window location should be depicted
on the plans. The site plan is also required to demonstrate 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:
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and
the public right-of-way by patrons;
The stacking lane appears to have sufficient capacity to prevent obstruction of driveways, drive
aisles, and the public right-of-way by patrons as required.
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.
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.
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 north side of the building and is visible from N. Ten Mile
Road and from the drive aisle 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-G zoning district.
Access: Access to the subject property provided by two existing access easements/driveways created
with Bridgetower Crossing No.7 and Fluid Estates Subdivisions. However,the applicant is proposing
a shared east/west driveway with the property to the south(R2862310065).
With the submittal of the Certificate of Zoning Compliance application,the applicant shall
submit a recorded reciprocal cross-access agreement between the proposed development and
existing development to the south(Parcel#R2862310065).
Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants,which
the site plan demonstrates compliance with. A minimum of 5 off-street vehicle parking spaces are
required for the 1,246 square foot building; 15 are proposed,in excess of the minimum standards.
Page 4
EXHIBIT A
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 bicycle rack is proposed on the east side of the
building which should accommodate a minimum of one(1)bicycle.
The parking stalls along the eastern boundary of the site should contain wheel stops to
prevent vehicle overhang in accordance with UDC 11-3C-5.B.3; or the buffer along the east
boundary of the site next to the drive aisle should be widened to a minimum of 10 feet to allow
for 2 feet of vehicle overhang in accord with UDC 11-3C-5B.4—parking stalls may be reduced
to 17 feet in length; or,wheel stops may be provided in parking spaces to prevent vehicle
overhang. The landscape plan submitted with the Certificate of Zoning Compliance application
should be revised to reflect compliance with these standards.
Landscaping: Street buffer landscaping was installed within the street buffer along N. Ten Mile
Road with the Bridgetower Crossing subdivision improvements.
Parking lot landscaping: Parking lot landscaping is required to be provided in accord with the
standards listed in UDC 11-3B-8C.
Sidewalks: A 5-foot wide sidewalk exists within the street buffer along N. Ten Mile Road.A
pedestrian walkway is proposed from the sidewalk along Ten Mile to the main building entrance as
required by UDC 11-3A-19.13.4. There is also a second pedestrian walkway depicted on the plans in
the drive-through lane on the east side of the building. 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.
Easements: There are existing easements on this lot as shown on the Fluid Estates subdivision plat.
The proposed structure shall not encroach within these easements,except as allowed in the UDC.
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.
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 stucco, stone,metal trim,
windows, and metal roofing. Future development of this site shall substantially comply with the
conceptual building elevations contained in the Development Agreement.
The final design must be consistent with the Development Agreement(Inst. #2019-121599) and
design standards listed in the Architectural Standards Manual. Compliance with these
documents will occur through the CZC and DES process noted below.
Staff finds that the elevations submitted are consistent with the conceptual elevations contained
in the Development Agreement and the adjacent surrounding buildings within the development.
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.
Page 5
EXHIBIT A
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 December 15.2022.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: John Day, SlichterlUgrin Architecture
b. In opposition:None
c. Commenting: Paul Delbufalo.Owner of Wienerschnitzel
d. Written testimony: Andrea Ridgley,inquiring about W. Ouintale Drive turning into N.
Montelino Way as beingaa private street vs. a commercial collector.
e. Staff presenting application: Stacy Hersh.Associate Planner
f. Other Staff commenting None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
Page 6
EXHIBIT A
VIL EXHIBITS
A. Proposed Site Plan(dated: 4/20/2022)
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Page 7
EXHIBIT A
B. Proposed Landscape Plan
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Page 8
EXHIBIT A
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EXHIBIT A
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 [H--2019-
0102 (DA Ten Mile Plaza);SHP-2021-0008(Short —Fluid Estates Subdivision);
Development Agreement(Inst. #2019-121599].
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 walkways from the perimeter sidewalks 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.
d. Depict wheel stops in the parking stalls along the eastern boundary of the site to prevent
vehicle overhang in accordance with UDC 11-3B-5.B(3).
e. Depict landscaping in the perimeter buffer and within the parking area in accord with the
standards listed in UDC 11-3B-8C.
f. Depict signage ahead of each pedestrian crossing in the drive-through lane notifying
drivers to watch out for pedestrians.
3. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment and
11-4-3-49—Restaurant is required.
5. A reciprocal cross-access easement is required to be submitted with the property to the south
(R2862310065) for the east/west shared drive aisle. This cross-access easement shall be
submitted with the Certificate of Zoning Compliance application. Direct lot access to N.
Ten Mile Road is prohibited.
6. 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 11-5B-6F.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Ensure no sewer services cross infiltration trenches.
Page 10
EXHIBIT A
General Conditions of Approval
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. 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. 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.
3. 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.
4. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
5. 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 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
6. 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.
7. 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.
8. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. 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.
14. 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
Page 11
EXHIBIT A
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.
15. 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.
16. 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.Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=279724&dbid=0&repo=MeridianC
ity
D. CITY ARBORIST
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=279405&dbid=0&r0o=MeridianC
ity
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-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.
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.
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EXHIBIT A
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.
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