Idaho Central Credit Union - CUP-12-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~-~-
IDAHO
In the Matter of Conditional Use Permit for aDrive-through Establishment for Idaho Central
Credit Union within 300 Feet of Another Drive-through Establishment, Located Near the Southeast
Corner of N. Eagle Road and E. Ustick Road, by Idaho Central Credit Union.
Case No(s). CUP-12-007
For the Planning & Zoning Commission Hearing Date of: September 6, 2012 (Findings on
September 20, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 6, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 6, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 6,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 6, 2012, 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-SA.
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). CUP-12-007
Page I
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 September 6, 2012, 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-
SA 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 conditionally approved per the
conditions of approval in the attached staff report for the hearing date of September 6, 2012,
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-SB-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-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-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. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of September 6, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-007
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the ~D day of
2012.
COMMISSIONER SCOTT FREEMAN, CHAIIZMAN VOTED -IrI~:LQ,/Ii~
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN VOTED_~!~
COMMISSIONER MICHAEL ROHM VOTED A~~S~c-~~
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
`T~"~'
O~,SED AUGUST
Attest: 2Ga~s Il9o
y.~
/~+ ~ _ nl .~ City of
IDAHO
aycee lman, City Clerk -' >
m~ SEAL v
6yr6B0f! TR4A9~a~~~~
Copy served upon Applicant, The Planet ent, Public Works Department and City Attorney.
B : ~.~~~' Dated:~~~y
Y
ity Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-007
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
September 6, 2012
Planning & Zoning. Commission
E IDIAI~T~---
IDAHO
SUBJECT:
Bill Parsons, Associate City Planner
208-884-5533
CUP-12-007- Idaho Central Credit Union
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, ICCU, has applied for a conditional use permit (CUP) for adrive-through
establishment in a C-G zoning district within 300 feet of another drive through establishment in
accord with UDC 11-4-3-11.
IL SUMMARY RECOMMENDATION
Staff recommends approval of the application subject to the conditions listed in Exhibit B, based on
the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian
Planning and Zoning Commission heard this item on September 6, 2012. At the public hearinE,
the Commission voted to approve the subject CUP request.
a. Summary of Commission Public Hearin:
i. In favor: Mike Thomas
ii. In opposition: None
iii. CommentinE: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commentine on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-12-
007 as presented in the staff report for the hearing date of September 6, 2012, with the following
modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on September 20, 2012.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-12-007 as presented
during the hearing on September 6, 2012, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number CUP-12-007 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
Idaho Central Credit Union -CUP-12-007 PAGE 1
EXHIBIT A
A. Site Address/Location:
The subject property is located near the southeast corner of E. Ustick Road and N. Eagle Road, in
the northwest'/4 of the northwest'/o of Section 04, Township 3 North, Range 1 East.
Parcels: 88048320100 and 88048320090
B. Owner(s):
Prem Reddy
16850 Bear Valley Road
Victorville, CA 92392
C. Applicant:
Idaho Central Credit Union
4400 Central Way
Chubbuck, ID 83202
D. Representative:
Mike Thomas, LCA Architects, 345-6677
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: August 20, and September 3, 2012
C. Radius notices mailed to properties within 300 feet on: August 17, 2012
D. Applicant posted notice on site by: August 27, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General
Retail and Service Commercial) zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Developed commercial property, zoned C-G
2. East: Vacant commercial property, zoned C-G
3. South: Developed commercial property, zoned C-G
4. West: Developed commercial property, zoned C-G
C. History of Previous Actions:
• In 2003, the property was annexed (AZ-03-018) into the City with a C-G zone as part of
the Kissler annexation. A development agreement (DA) was required upon annexation of
the property recorded as instrument # 104107406. In 2007, a development agreement
modification (MI-07-008) was approved that removed the subject property from the
original DA. The subject property is governed by an amended DA recorded as instrument
#108080951.
• In 2006, a preliminary plat (PP-06-002) for Gateway Marketplace Subdivision was
Idaho Central Credit Union -CUP-12-007 PAGE 2
EXHIBIT A
approved by the Meridian City Council. The preliminary plat consisted of 18 commercial
lots on 22.85 acres.
• In 2007, a City Council approved the Southeast Corner Marketplace Subdivision No. 2
final plat (FP-07-020). The final plat consists of sixteen (16) commercial lots on 17.34
acres.
D. Utilities:
1. Public Works:
a. Location of sewer: N/A
b. Location of water: N/A
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain.
VIL COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use-Regional" (MU-R) on the Comprehensive Plan Future Land
Use Map. 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 to avoid predominantly single use developments. The original
Southeast Corner Marketplace development was reviewed under different mixed use guidelines, thus
a residential component was not incorporated into the overall concept for the development.
In recent years the Southeast Corner Marketplace development has developed with a mix of
commercial uses (Norco, Rosauers, several restaurants and several multi-tenant buildings). The
approved concept plan depicted a future pad site for a financial institution. Because the proposed use
is consistent with approved concept plan and is an acceptable use in the C-G zone, staff is of the
opinion the proposed bank is consistent with the MU-R land use designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Implement design criteria to set quality standards City-wide." (Chapter 2, pg. 13)
The proposed development is required to obtain administrative design review approval. The
design manual encourages the use of high quality materials in the building design. The
submitted building materials include glass, composite metal siding and brick veneer. Staff is
of the opinion that the proposed building materials convey the appearance of high quality
materials.
• "Require all commercial and industrial businesses to install and maintain landscaping."
(Chapter 2, page 14)
The subject property is located along an entryway corridor. The 35 foot wide landscape
buffer is constructed along E Ustick Road consistent with the requirements set forth in UDC-
11-3B-7C. With development of the site the applicant is required to install landscaping
Idaho Central Credit Union -CUP-12-007 PAGE 3
EXHIBIT A
consistent with the standards outlined in UDC 11-3B-8C. The submitted site/landscape plan
complies with the requirements of the UDC.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (Chapter 3, page 45)
Water and sewer service is available to the subject property. However, the existing water and
sewer easement needs to be vacated and re-established in order to accommodate the
development of the site. A vacation application is in process to establish the new easement.
Services will be relocated with the construction of the bank.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(Chapter 3, page 51)
Although other banks exist in the area, this site is lacking this use. Since the concept plan
depicts the bank site, staff is of the opinion this use was planned during the platting to serve
the community needs.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the C-G zoning district. The proposed financial institution is
listed as a principal permitted use in the C-G district; however, the associated drive through
requires conditional use approval if it lies within 300' of another drive through establishment,
residential district, or existing residences which it does. There is specific use standards for drive
through establishments listed in UDC 11-4-3-11.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 35 feet along E. Ustick Road
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500
square feet of gross floor area in commercial districts.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant proposes to construct a 5,325 square foot bank with an associated drive-through on
two (2) platted commercial lots (1.02 acres) within Southeast Corner Marketplace Subdivision
No. 2. All access points to this site and cross access were addressed with the review of the
subdivision. The CUP is required because the proposed drive-through is within 300 feet of
another drive-through (McDonalds located to the west).
Idaho Central Credit Union -CUP-12-007 PAGE 4
EXHIBIT A
The applicant has submitted a combined site/landscape plan and elevations for the proposed
building. The proposed site/landscape plan depicts the site layout and required landscaping. The
submitted plan complies with the drive-through specific use standards set forth in UDC 11-4-3-
11, the landscape requirements set forth in UDC 11-3B-8C and the parking standards set forth in
UDC 11-3C-6. Thus, staff has not recommended changes to the submitted plan.
The building design includes a mix of fenestration, brick veneer, two types of metal paneling
used as accent materials and metal awnings. Staff is of the opinion the proposed design
complements other buildings developed within the complex. With a future CZC application,
elevations must be submitted that substantially comply with proposed elevations.
Because the proposed building location spans across an existing water/sewer easement, the
applicant must vacate the easement. The vacation application is scheduled for hearing and will be
heard after Commission's action on the conditional use permit. The applicant plans on relocating
the services during the construction of the bank. Staff has agreed to issue a building permit so the
relocation can happen with construction. However, final occupancy for the building will not
occur until a new water and sewer easement is recorded and accepted by the Public Works
Department.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Site/Landscape Plan (date: 8/1/12)
3. Proposed Building Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Idaho Central Credit Union -CUP-12-007 PAGE 5
EXHIBIT A
Exhibit A.l :Vicinity Map
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Exhibit A
EXHIBIT A
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Exhibit A - 2 -
EXHIBIT A
Exhibit A3: Building Elevations
ICCU USTICK BRANCH
MERIDIAN, IDAHO
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Exhibit A - 3 -
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant is to meet all terms of the approved annexation (AZ-03-013), development
agreement (instrument #108080951), preliminary plat (PP-06-002) and final plat (FP-07-020) for
this development.
1.2 The site/landscape plan prepared by LCA Architects, dated 8/1/12 is approved as submitted.
1.3 The applicant shall comply with the structure and site design standards in accord with UDC 11-
3A-19.
1.4 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for the drive-
through establishment.
1.5 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate
of Zoning Compliance and Design Review application to the Planning Department for this site.
1.6 No signs are approved with this application. The applicant shall submit a sign permit application
in accord with the standards listed in UDC 11-3D for approval of any future signs on this site.
1.7 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within this time period,
a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time
extension is not requested or granted and the CUP expires, a new conditional use permit must be
obtained prior to operation.
1.8 The applicant shall comply with the self-service uses in accord with UDC 11-3A-16.
1.9 The design of the building shall substantially comply with the submitted rendering attached in
Exhibit A.3.
1.10 Final occupancy for the building will not occur until a new water and sewer easement is recorded
and accepted by the Public Works Department.
1.11 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 No Comments.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns related to the site design submitted with the application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying
compliance with Republic Services requirements with the CZC application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
Exhibit B - 1 -
EXHIBIT A
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACRD has no site specific conditions related to this application. All other standards conditions of
approval apply.
Exhibit B - 2 -
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. 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 that the subject property is large enough to accommodate the proposed
use and dimensional and development regulations of the C-G district (see Analysis Section
IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent with the Comprehensive Plan
future land use map designation of MU-R for this site. Further, the Commission finds the
proposed use of the site is consistent with the requirements in the UDC.
c. 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 that if the applicant complies with the conditions outlined in this
report, the proposed bank with drive-through should be compatible with other uses in the
general neighborhood and with the existing and intended character of the area.
d. 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 that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area. The Commission
should consider any public testimony provided to determine if the development will
adversely affect the other property in the vicinity.
e. 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 that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Republic Services
Corporation and ACFID. Based on comments from other agencies and departments, the
Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
Exhibit C - 1 -
EXHIBIT A
f. 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.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
g. 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 recognizes that traffic will increase with the approval of adrive-through in
this location; however, the Commission does not believe that the amount generated will be
detrimental to the general welfare of the public since the Comprehensive Plan anticipated the
site to be developed with commercial uses. The Commission does not anticipate the proposed
use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the
proposed use will not be detrimental to people, property or the general welfare of the area.
h. 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use that should be brought to the Commission's attention. The
Commission finds that the proposed use will not result in the destruction, loss or damage of
any natural, scenic or historic feature of major importance.
Exhibit C - 2 -