WaFed H-2023-0068 FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2023-0068
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for a Drive-through Establishment within
300-feet of another Drive-through Facility and Residential Use and per Requirement of the
Development Agreement for WaFed, Located at 3423 E. Ustick Rd. in the C-G Zoning District, by
WP5 Meridian, LLC.
Case No(s). H-2023-0068
For the Planning & Zoning Commission Hearing Date of: February 1, 2024 (Findings on February
15, 2024)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 1, 2024, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of February 1, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 1,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 1, 2024, 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
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2023-0068
Page 2
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 February 1, 2024, 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 February 1, 2024, 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 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-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 § 67-6521(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.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2023-0068
Page 3
G. Attached: Staff Report for the hearing date of February 1, 2024
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2023-0068
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By action of the Planning & Zoning Commission at its regular meeting held on the ___________ day
of _____, 2024.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED_______
COMMISSIONER MARIA LORCHER, VICE CHAIRMAN VOTED_______
COMMISSIONER JARED SMITH VOTED_______
COMMISSIONER PATRICK GRACE VOTED_______
COMMISSIONER ENRIQUE RIVERA VOTED_______
COMMISSIONER MATTHEW SANDOVAL VOTED_______
COMMISSIONER BRIAN GARRETT VOTED_______
_____________________________
Andrew Seal, Chairman
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:________________________
City Clerk’s Office
15th
February
2-15-2024
2-15-2024
2-15-2024
EXHIBIT A
Page 1
HEARING
DATE:
2/1/2024
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: WaFed – CUP
H-2023-0068
LOCATION: 3423 E. Ustick Rd. in the NW 1/4 of
Section 4, T.3N., R.1E. (Lot 10, Block 1,
Southeast Corner Marketplace
Subdivision No. 2)
I. PROJECT DESCRIPTION
A Conditional Use Permit (CUP) is requested for a drive-through establishment within 300-feet of
another drive-through facility and a residential use and per requirement of the development
agreement. The site consists of 0.76-acre of land and is in the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 0.76-acre
Future Land Use Designation Mixed Use – Regional (MU-R)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Financial institution with a drive-through
Current Zoning General Retail & Service Commercial (C-G)
Physical Features (waterways,
hazards, flood plain, hillside)
NA
Neighborhood meeting date; # of
attendees:
11/14/23
History (previous approvals) AZ-03-022 (Kissler Dealy, DA Inst. #104093292); MI-07-
008 (Gateway Marketplace, amended DA Inst.
#108080951)
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EXHIBIT A
Page 2
A. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Andy Neff, WP5 Meridian, LLC – 2950 Airway Ave., Unit A9, Costa Mesa, CA 92626
B. Owner:
Same as Applicant
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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EXHIBIT A
Page 3
C. Representative:
Same as Applicant
IV. NOTICING
Planning & Zoning
Posting Date
Newspaper Notification 1/16/2024
Radius notification mailed to
properties within 300 feet 1/12/2024
Site Posting Date 1/17/2024
Next Door posting 1/10/2024
V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN):
Land Use:
This property is designated Mixed Use – Regional (MU-R) on the Future Land Use Map
(FLUM).
The purpose of this designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of
uses together, including residential, and to avoid predominantly single use developments such as
a regional retail center with only restaurants and other commercial uses. Developments should be
anchored by uses that have a regional draw with the appropriate supporting uses.
COMPREHENSIVE PLAN POLICIES (https://www.meridiancity.org/compplan):
Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property (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 were provided to this lot with development of the
subdivision.
• “Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
The proposed bank with a drive-through will contribute to the variety of uses and services in
this area.
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EXHIBIT A
Page 4
• “Minimize noise, lighting, and odor disturbances from commercial developments to
residential dwellings by enforcing city code.” (5.01.01F)
Operation of the proposed use should comply with City ordinances pertaining to noise and
lighting.
VI. STAFF ANALYSIS
The Applicant proposes to construct a new 3,100 square foot (s.f.) building with a drive-through for
WaFed Bank on a 0.76-acre lot in the C-G zoning district.
A financial institution 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 11-4-3-17. A drive-through establishment
requires approval of a Conditional Use Permit (CUP) when it’s within 300 feet of another drive-
through facility, an existing residence or a residential district per 11-4-3-11A.1. In this case, there are
two (2) other drive-through establishments that exist within 300 feet of the property – ICCU to the
west and Culver’s restaurant to the east; and existing residences within 300 feet of the property to the
southeast. The existing development agreement also requires CUP approval of all uses on the site
(AZ-03-022 Kissler Dealy, DA Inst. #104093292; MI-07-008 Gateway Marketplace, amended DA
Inst. #108080951).
Specific Use Standards: Staff’s 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. The proposed site plan depicts the
stacking lane and service locations.
The site plan is required to demonstrate safe pedestrian and vehicular access and circulation on
the site and between adjacent properties. Pedestrian walkways are depicted on the site plan that
should provide safe pedestrian connectivity to the south and to the north to the sidewalk along
Ustick Rd. Vehicular access and circulation is provided on this site and with adjacent properties
that should be safe.
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 provides sufficient capacity to prevent obstruction of 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 designated employee parking.
The stacking lane is a separate 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.
4) Any stacking lane greater than one hundred (100) feet in length shall provide for an escape
lane; and
An escape lane is depicted on the site plan.
5) The site should be designed so that the drive-through is visible from a public street for
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EXHIBIT A
Page 5
surveillance purposes.
The drive-through is located on the west side of the building and is visible from E. Ustick Rd.
• Financial Institution: The proposed use is also subject to the specific use standards listed in
UDC 11-4-3-17 for financial institutions, as follows:
A. The location, access and safety features of all automated teller machines (ATMs) shall be
subject to review and approval by the Meridian Police Department, and in accord with the
standards set forth in section 11-3A-16 of this title. The Police Dept. has reviewed and
approved the proposed site plan.
B. All ATMs shall be deemed an accessory use to a financial institution.
C. All approaches and entrances to ATMs should be highly visible and adequately lit so that
people cannot loiter, or enter, without being seen. The addition of security cameras are highly
recommended. One (1) ATM is located in the drive-through on the west side of the building
visible from Ustick Rd. and two (2) others are located on the south side of the building visible
from the parking lot and adjoining businesses. Wall sconces/lighting are depicted on the
south elevation on both sides of the area where the ATM’s are located; lighting should also
be provided on the west side of the building in the ATM location. Security cameras should
be provided in all ATM locations.
• Self-service Uses: Any unattended, self-service uses, including, but not limited to,
laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities,
and storage facilities, shall comply with the following requirements. The Meridian Police Chief
or designee may approve alternative standards where it is determined that a similar or greater
level of security is provided.
A. Entrance or view of the self-service facility shall be open to the public street or to adjoining
businesses and shall have low impact security lighting. The ATM located on the west side of
the building is visible from Ustick Rd.; the ATM’s located on the south side of the building
are visible from the driveway along the east boundary of the site that provides access to the
development via Ustick Rd. and from internal driveways and adjoining businesses. Wall
sconces/lighting are depicted on the elevations on both sides of the area where the ATM’s
are located on the south side of the building; lighting should also be provided in the ATM
location on the west side of the building.
B. Financial transaction areas shall be oriented to and visible from an area that receives a high
volume of traffic, such as a collector or arterial street. The ATM on the west side of the
building is visible from Ustick Rd., an arterial street; the ATM’s located on the south side
of the building are not visible from a collector or arterial street but will be visible from the
driveway along the east side of the property that provides access for the development via
Ustick Rd.
C. Landscape shrubbery shall be limited to no more than three (3) feet in height between
entrances and financial transaction areas and the public street. The Appliance should
comply with this standard; modifications to the existing street buffer landscaping along
Ustick Rd. may be necessary.
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 is proposed via the north/south driveway along the eastern boundary of the site and
other existing driveways within the subdivision; direct access via E. Ustick Rd. is prohibited. A cross-
access easement (Inst. #106032444) exists between all lots in the subdivision as noted on the
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EXHIBIT A
Page 6
Southeast Corner Marketplace Subdivision No. 2 plat (note #6).
Parking: Off-street parking is required in accord with the standards listed in UDC 11-3C-6B.1, which
requires one (1) space for every 500 square feet of gross floor area. Based on 3,100 s.f., a minimum
of six (6) spaces are required; a total of 16 spaces are proposed, exceeding the minimum standards by
10 spaces.
A bicycle rack capable of holding at least one (1) bicycle is required 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 depicted on the site plan; a detail should be included on the site plan submitted
with the Certificate of Zoning Compliance application that complies with the aforementioned
design standards.
Landscaping: Street buffer landscaping was installed within the street buffer along E. Ustick Rd.
with the subdivision improvements as shown below:
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-
8C, except for the perimeter buffer along the west boundary. Because there is an existing buffer with
trees that meet UDC standards on the adjacent property to the west, no trees are required within the
perimeter buffer on this site. The tree classification should be included in the Tree Schedule on
the landscape plan to ensure compliance with UDC 11-3B-8C.1b. The perimeter buffer along
the west boundary of the site in the area adjacent to parking shall be widened to a minimum of
7 feet to allow for vehicle overhang in accord with UDC 11-3C-5B.4, unless wheel stops are
provided (if wheel stops are provided, the length of the parking spaces must be 19 feet). Staff
recommends the walkway in the southern parking area in the planter island is shifted to the
east side of the island with all of the landscaping on the west side of the walkway to prevent
“cut-throughs” by pedestrians through the landscape area to the walkway.
Sidewalks: A detached sidewalk exists along the northern perimeter boundary of the site within the
street buffer along E. Ustick Rd. A 5-foot wide pedestrian walkway is proposed from the perimeter
sidewalk to the main building entrance in accord with UDC 11-3A-19.B.4. The walkway is required
to be distinguished from the vehicular driving surface through the use of pavers, colored or
scored concrete, or bricks; the site plan should be revised accordingly.
Easements: There are existing easements on this lot as shown on the Southeast Corner Marketplace
Subdivision No. 2 plat, included below; these easements should be depicted on the site plan to
demonstrate the building doesn’t encroach within the easements.
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EXHIBIT A
Page 7
Mechanical Equipment: All mechanical equipment on the back of the building or on the rooftop and
all 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.
Trash Enclosure: The proposed location for the trash enclosure is within a City water/sewer
easement; therefore, relocation of the enclosure is necessary outside of any and all easements. A
receptacle for recycling should be provided within the trash enclosure; a detail should be
submitted that demonstrates compliance.
Building Elevations: Conceptual building elevations were submitted as shown in Section VIII.C for
a single-story building that incorporates a mix of materials consisting of stucco with stone veneer
accents and metal awnings and canopies. The final design shall be consistent with the design
standards listed in the Architectural Standards Manual.
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 IX, UDC standards
and design standards.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section IX per the Findings in Section X.
B. The Meridian Planning & Zoning Commission heard this item on February 1, 2024. At the public
hearing, the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Andy Neff, WP5 Meridian, LLC (Applicant’s Representative)
b. In opposition: None
c. Commenting: None
d. Written testimony: Andy Neff, WP5 Meridian, LLC (Applicant’s Representative)
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EXHIBIT A
Page 8
e. Staff presenting application: Sonya Allen
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. None
4. Commission change(s) to Staff recommendation:
a. None
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EXHIBIT A
Page 9
VIII. EXHIBITS
A. Proposed Site Plan (dated: 10/16/23)
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EXHIBIT A
Page 10
B. Proposed Landscape Plan (dated: 10/12/23)
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EXHIBIT A
Page 11
C. Floor Plan & Building Elevations (dated: 10/16/23)
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Page 12
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Page 13
IX. 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 Agreements and the conditions contained herein [AZ-03-
022 (Kissler Dealy, DA Inst. #104093292); MI-07-008 (Gateway Marketplace, DA Inst.
#108080951).
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. All mechanical equipment on the back of the building and outdoor service and equipment
areas shall be depicted on the plans and 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.
b. The pedestrian walkway from the perimeter sidewalk along E. Ustick Rd. 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.
c. Include the tree classification in the Tree Schedule that demonstrates compliance with the
standards in UDC 11-3B-8C.1b.
d. Include a detail for the bicycle rack that complies with the design standards listed in UDC
11-3C-5C.
e. Depict the existing easements on this lot as shown on the Southeast Corner Marketplace
Subdivision No. 2 plat – no structures shall encroach in any existing easements; relocate
the trash enclosure accordingly.
f. Landscape shrubbery shall be limited to no more than three (3) feet in height between
entrances and financial transaction areas and the public street as set forth in UDC 11-3A-
16C; modifications to the landscaping in the existing street buffer along Ustick Rd. may
be necessary.
g. The perimeter buffer along the west boundary of the site in the area adjacent to parking
shall be widened to a minimum of 7 feet to allow for vehicle overhang in accord with
UDC 11-3C-5B.4 unless wheel stops are provided (if wheel stops are provided, the length
of the parking spaces shall be 19 feet).
h. Shift the walkway in the southern parking area in the planter island to the east side of the
island with all of the landscaping on the west side of the walkway to prevent “cut-
throughs” by pedestrians through the landscape area to the walkway.
3. Compliance with the standards listed in UDC 11-4-3-11 – Drive-Through Establishment, 11-
4-3-17 – Financial Institution and 11-3A-16 Self-service Uses is required.
4. Lighting and security cameras shall be provided in all ATM locations in accord with UDC 11-
3A-16A and 11-4-3-17C.
5. Direct access E. Ustick Rd. is prohibited.
6. A receptacle for recycling shall be provided within the trash enclosure; include a detail of the
trash enclosure that demonstrates compliance.
7. 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
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EXHIBIT A
Page 14
of the site and structure shall comply with the standards listed in UDC 11-3A-19 and the design
standards listed in the Architectural Standards Manual.
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 DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=325913&dbid=0&repo=MeridianC
ity
C. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=325915&dbid=0&repo=MeridianC
ity
D. POLICE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=331451&dbid=0&repo=MeridianC
ity
E. IDAHO TRANSPORTATION DEPARTMENT (ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=328631&dbid=0&repo=MeridianC
ity
X. 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.
The 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.
The Commission finds the proposed financial institution with a drive-through will be harmonious
with the Comprehensive Plan and is consistent with applicable UDC standards with the
conditions noted in Section IX 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.
The 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.
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EXHIBIT A
Page 15
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds the proposed use will not adversely affect other properties in the vicinity if
it complies with the conditions in Section IX 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.
The 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.
The 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.
The 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)
The Commission 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.
65