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Findings for Approval Westmark CUPCITY OF MERIDIAN ~ TT1~~'A T,~ FINDINGS OF FACT, CONCLUSIONS OF LAW j1J j~ ~- AND IDAHO DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for aDrive-Through for Westmark Credit Union, Located at 3115 W. Quintale Drive in the C-N Zoning District, by Jonathan Galusha. Case No(s). CUP-13-014 For the Planning & Zoning Commission Hearing Date of: December 5, 2013 (Findings on December 19, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 5, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 5, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 5, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 5, 2013, 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 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). CUP-13-014 Page 1 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of December 5, 2013, 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 a conditional use permit is hereby conditionally approved per the conditions of approval in the attached staff report for the hearing date of December 5, 2013, 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 December 5, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-13-014 Page 2 B action of the Planning & Zoning Commission at its regular meeting held on the ~ ~~ day of ' , 2013. COMMISSIONER STEVEN YEARSLEY, CHAIRMAN COMMISSIONER JOE MARSHALL, VICE CHAIRMAN COMMISSIONER MICHAEL ROHM COMMISSIONER SCOTT FREEMAN COMMISSIONER MACY MII,LER VOTED~S~/"l.~ VOTED VOTED~G~ VOTED_ ~~~` VOTED~C(, Attest: ~GO4Q~gp,TaD,+LCLsrr :~ -~ City of ~~~-~ ~- " ` E IDIAN~ y ~DAXO Jaycee Holman, City Clerk SERI, .~ yrs F~~ 0 ~~~he THE ASal,O Copy served upon Applicant, The Planning Department, Public Works Department and i ttorney. By: Dated: ~ 02 ~ ~ City Clerk's O ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-I3-OI4 Page 3 EXHIBIT A STAFF REPORT Hearing Date: December 5, 2013 TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: CUP-13-014 -Westmark Credit Union E IDIAN~-- It~AM I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jonathan Galusha, has applied for a conditional use permit (CUP) for adrive-thru establishment for Westmark Credit Union. A CUP is required in the C-N zoning district because the proposed drive-thru is located within 300 feet of a residential district and existing residences, in accord with UDC 11-4-3-11. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with 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 December 5, 2013. At the public hearing, the Commission moved to approve the subiect CUP request. a. Summary of Commission Public Hearin: i. In favor: Lance Fish ii. In opposition: None iii. Commenting: None iv. Written testimony: Lance Fish v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev 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-13- 014 as presented in the staff report for the hearing date of December 5, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-13-014 as presented during the hearing on December 5, 2013, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number CUP-13-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Westmark Credit Union CUP-13-014 PAGE 1 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 3115 W. Quintale Drive, in the NW'/4 of Section 35, Township 4 North, Range 1 West B. Owner(s): Bews Living Trust/Idaho Trust Bank 888 W. Broad Street Boise, ID C. Applicant: Jonathan Galusha 54 E. Eagle River Street Eagle, ID 83616 D. 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: November 18, and December 2, 2013 C. Radius notices mailed to properties within 300 feet on: November 7, 2013 D. Applicant posted notice on site by: November 22, 2013 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is currently vacant and is in the C-N zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Commercial property, zoned C-G East: Single-family residential properties, zoned R-4 South: Vacant land, zoned C-N West: N. Ten Mile Road and vacant commercial property, zoned C-G C. History of Previous Actions: In 2001, this site was annexed and zoned (AZ-O1-003), preliminary platted (PP-O1-005), and included in the conditional use permit/planned (CUP-O1-006) development for Bridgetower Crossing Subdivision. A Development Agreement, recorded as Instrument No. 100079863, was required as a provision of annexation. In 2004, a final plat (FP-04-031) was approved which contained the subject property. The final plat was recorded in 2005 (Book 92, page 10918). • In 2007, this property was rezoned (RZ-07-022) to the C-N zoning district. • In October 2013, a property boundary adjustment (PBA-13-016) was approved that changed the configuration of the boundary of this site (ROS #9574). Westmark Credit Union CUP-13-014 PAGE 2 EXHIBIT A D. Utilities: 1. Public Works: a. Location of sewer: Sewer service was provided to this lot with the development of the subdivision. b. Location of water: Water service was provided to this lot with the development of the subdivision. c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan, commercial designated areas provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The proposed use of the properly as a financial institution (credit union) with adrive-thru is consistent with uses desired in Commercial designated areas and therefore is consistent with the Comprehensive Plan. 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 commercial and industrial businesses to install and maintain landscaping." (2.01.03B) There is an existing landscaped street buffer on this site along N. Ten Mile Road and W. Quintale Drive that was installed with the development of the subdivision in accord with UDC Table 11-2C-3. • "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. • "Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings." (2.01.O1C) The proposed financial institution will be located within walking distance of several surrounding residential neighborhoods. • "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads." (3.03.020) Access to the site is provided via a backage road that runs parallel to N. Ten Mile Road that is accessible via W. Quintale Drive. All of the commercial lots that have access via this road have across-access easement for access. Westmark Credit Union CUP-13-014 PAGE 3 EXHIBIT A • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." Planter islands are proposed in the parking area and will be landscaped in accord with the standards listed in UDC I1-3B-8C. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.OS.O1J) The proposed financial institution will provide a needed service in the northwest part of the City. For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. 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-21ists the permitted, accessory, conditional, and prohibited uses in the C-N zoning district. A financial institution is a principal permitted use in the C-N zoning district; adrive-thru establishment requires conditional use permit approval when located within 300 feet of a residence, a residential use, or another drive- thru establishment. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-N zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a CUP for adrive-thru in the C-N district for Westmark Credit Union (financial institution). A CUP is required in accord with UDC 11-4-3-11 because the proposed drive-thru is located within 300 feet of a residential zoning district and existing residences. Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop. Access: Access is provided to the site via a driveway from W. Quintale Drive, a local street, along the east boundary of the site. This driveway provides access to all of the commercial lots that front on N. Ten Mile Road via across-access easement at the rear of each of the lots. A cross-access easement exists at the southwest corner of the site to the property to the south. Staff recommends across-access easement is required to the property to the east. Parking: Based on the overall square footage (s.f.) of the building, approximately 2,000 s.f., a minimum of 4 vehicle parking spaces are required to be provided on the site. A total of 27 parking stalls are proposed, consistent with UDC requirements. Based on the number of vehicle parking stalls provided (27), a bicycle rack capable of holding a minimum of two bicycles is required to be provided per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-SC. A bicycle rack is depicted on the site plan in accord with this requirement. The parking stalls shown on the west side of the building do not depict wheel restraints to prevent Westmark Credit Union CUP-13-014 PAGE 4 EXHIBIT A overhang onto the adjacent sidewalk. The site plan should be revised to include wheel restraints; or, the sidewalk should be widened to 7 feet (and the length of the parking stalls may be decreased to 17 feet) to allow for overhang, in accord with UDC 11-3C-SB.4. Sidewalk: Detached sidewalks exist along the frontage of this site adjacent to N. Ten Mile Road and W. Quintale Drive in accord with the standards listed in UDC 11-3A-17. Trash Enclosure: A trash enclosure is depicted on the site plan on the east side of the building accessible off the main driveway. Republic Services does not approve of this location because servicing a dumpster will require backing in which will create an unsafe situation. The applicant should coordinate with Bob Olson at Republic Services (345-1265) to determine a more appropriate location for the enclosure. Waterways: There are no waterways on this site. Fencing: There is no fencing proposed or required with this application. Lighting: Outdoor field lighting is required to comply with the standards listed in UDC 11-3A- 11. If any fixtures are proposed that have a maximum output of 1,8001umens or more, a photometric report is required to be submitted with the Certificate of Zoning Compliance application. Speaker Systems: Outdoor speaker systems are required to be located a minimum of 100 feet from all residential districts, per UDC 11-3A-13. The proposed speaker(s) for the drive-thru will be located 220+ feet away from the closest residential district to the east. Landscaping: A 40-foot wide street buffer is proposed along N. Ten Mile Road, an arterial street; and a 25-foot wide buffer is proposed along W. Quintale Drive, a local street. Some of the street buffer landscaping already exists but more is proposed to be added per the plan in Exhibit A.3. All existing landscaping is required to be protected during construction in accord with UDC 11-3B-lOC. Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The landscaping shown on the plan complies with these standards. Storm Drainage: Storm drainage on the site is required to comply with UDC 11-3A-18 Pathways: The Master Pathways Plan does not depict a segment of the City's multi-use pathway on this site. However, UDC 11-3A-19A.4 requires pedestrian walkways to be provided from the perimeter sidewalks to the main building entrance. These sidewalks are shown on the plan from Ten Mile and Quintale; however, they are required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks, per UDC 11-3A-19A.4. Staff recommends the site plan submitted with the Certificate of Zoning Compliance application incorporate this requirement. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-11 for drive-thru establishments. The proposed site plan appears to comply with these standards. The site plan submitted with the Certificate of Zoning Compliance application should depict the speaker location(s). The proposed drive-thru does not (and will not) abut a residential use or district Hours of Operation: The proposed hours of operation are from 9:30 am to 6:00 pm Monday- Friday and 9:00 am to 1:00 pm on Saturdays. Building Elevations: Building elevations were submitted for the proposed structure and included in Exhibit A.4. Building materials consist primarily of stucco with metal panel siding accents. A metal canopy is proposed for weather protection over entrances and shade over windows. The Westmark Credit Union CUP-13-014 PAGE 5 EXHIBIT A proposed building elevations appear to generally comply with the design standards listed in UDC 11-3A-19 and the Meridian Design Manual. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use and final site and building design from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the final site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity & Aerial Map 2. Site Plan 3. Landscape Plan 4. 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 Westmark Credit Union CUP-13-014 PAGE 6 EXHIBIT A Exhibit A.l : Vicinity & Aerial Map Westmark Credit Union CUP-13-014 PAGC 7 EXHIBIT A Exhibit A.2: Site Plan (dated: 10/18/13) ZONE C-C S ~i~ ~~ A-101 ~~ Westmark Credit Union CUP-13-014 PAGE 8 EXHIBIT A Exhibit A.3: Landscape Plan (dated: 10/3/13) EXISTING °'.,a ~,,.-,.. _ wESt r~ui^. Ai.e r.~iv~ SIDEWALK `"°°`"' `~ 10' UTILRY EASEMENT 1B' EASEMENT _ k / ~~«, } f LINE "/ ~'- 157 71 ~ ARTY ~ _ y~~.h ~ / _ I _ _ J U x ~I ,,~ ~~ I i ~I r. r !,' MONUMENT ~ ~ 11 SIGN ,® 2 - - - i -- -1 ~. P..AV PALETTB ~.. ~ Y ~ , . ~,,..,~.,,..~,. r.,. a.ra. mut' mu ' a~'~`_;^x. r roMn~rnh'w+n t,acrnta.o rNe - r I ~~ ~~ ..ATM r.~ n.. .mx.~.m+. ~~ -' ~~i VOTES __ _ .. __ --~ > . -... ., ~ ~ .,M i ~ LANDSGA~E GALGL ATtiOVS ~ O ~ .. S ~ ~ ! S .. ,~ . , ,w _.,., ,. .. .. .,' , .. . ,.....~ ,,.... ,.. ,. e A a z ., ~.~ ..~..~,. w._,a,..<<-...a,.~._.. ~ ~~- _~ w Wr ~~ g ~~~ z - ~~ ~ ~ a v .-..x "-r 5' tIITY EASEME ~ ~ ~ - , `f'rFh~TY1tNE ~Z t UNDE~1t$LOREBr ~--~ RE ACCESS FOR REVIEW 10/3/13 © ~~ ` i I....e~ rw~a ~.ris~,.aa~ ,f'., a,.+~ar~ ~ 1~{~l. _. :riRlli FLANTiNC M Y ~& ,~ 0 Y 0 y W ~ N ~ ~~ ~'~ Westmark Credit Union CUP-13-O14 PAGE 9 IJXHIBIT A Exhibit A.4: Building Elevations (dated: 10/18/13) anu ~'t / ~ r N...,~~ ,,,.x~,,.rv, i r ~~ i~ r; ~_..~ .f .,. /~~ -~ w~.,,,v~m ~_ _ - / ,,,r ~, ~ .;....f ~., _ ~ / :._.._ M. ... ~~._._ ., - ~ ~ E~.~ .-~ ~.~~ww~~~.,.. _ ,>. k,LL..., ,..~ ~ € ~- - _ __ --•-__, ~- ~ ~~ _, ~... ~ - _uM.m,~,~„ .,~_~ :.. ,. ._. ,. ., a. .a,,. .~.me: un .~< a / ..•a r~w.v~~~,,.: na..,wa~ ~~~ ~!~ ~t W 0 ~~ r ~ O ~ ~Z U ~Nu r s N N W 3 ~, A-201 ~, ..~, Westmark Credit Union CUP-13-014 PAGF, 10 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site [AZ- 01-003 (Development Agreement Instrument No. 100079863); PP-O1-005; CUP-O1-006; FP-04- 031; RZ-07-022; PBA-13-016]. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for drive-thru establishments. The site plan submitted with the Certificate of Zoning Compliance application shall demonstrate compliance with these standards. The site plans shall include the speaker location(s). 1.3 All existing landscaping within the street buffer adjacent to N. Ten Mile Road and W. Quintale Drive shall be protected during construction in accord with UDC 11-3B-lOC. 1.4 The applicant shall work with Bob Olson at Republic Services (345-1265) to determine a more appropriate location for the trash enclosure that allows safe access for service. 1.5 Where the pedestrian walkways from the perimeter sidewalks to the main building entrance cross the vehicular driving surface they are required to be distinguished through the use of pavers, colored or scored concrete, or bricks, per UDC 11-3A-19A.4. 1.6 Development of this site shall substantially comply with the site plan, landscape plan and building elevations included in Exhibit A and the conditions of approval in this report. 1.7 Across access easement shall be granted to the abutting property to the east and a copy of said easement submitted with the Certificate of Zoning Compliance application. 1.8 The applicant is required to submit a Certificate of Zoning Compliance application to the Planning Division for approval of the proposed use and final site layout and building design prior to submittal of a building permit application. 1.9 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning Compliance application for approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 1.10 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.11 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 use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-SB-6F. 1.12 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. Westmark Credit Union CUP-13-014 PAGE 11 EXHIBIT A 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. REPUBLIC SERVICES 5.1 Servicing the trash enclosure in the location shown on the site plan in Exhibit A.2 will create an unsafe situation. The applicant shall work with Bob Olson, Republic Services, to resolve this issue. A revised site plan showing an acceptable location for the trash enclosure should be submitted with the Certificate of Zoning Compliance application. 6. ADA COUNTY HIGHWAY DISTRICT A report was not received from ACHD on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comment on this application. Westmark Credit Union CUP-13-014 PAGE 12 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-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 the dimensional & development regulations of the C-N 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 and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site. 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 use should be compatible with other uses in the general neighborhood, with the existing and intended character of the area, and with other existing and future uses in 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. 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. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. The Commission finds the proposed use will not create excessive additional costs for public facilities because the applicant will be financing any improvements required for development and the proposed use will not be detrimental to the community's economic welfare. Westmark Credit Union CUP-13-014 PAGE 13 EXHIBIT A 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 finds the proposed use will not be detrimental to any persons, 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. Further, 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. Westmark Credit Union CUP-13-014 PAGE 8