HomeMy WebLinkAboutLarry Knopp RZ-04-008 CUP-04-019
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Rezoue of 0.23 Acres from R-8 to ().. T Zoning and a Request
for a Conditional Use Permit for a retail and professional office use in the proposed O-T
zone for Larry Knopp-713 N. Meridian Road.
Case No(s).
RZ-04-008, CUP-04-019
For the City Council Hearing Date of: September 14, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the September 14, 2004
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Those that testified at the public hearing included:
b.
i. In favor - Larry Knopp
ii. In opposition - none
iii. Commenting - none
iv. Staff - Anna Canning
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
(,A~F N()(~\ RZ-04-00R (,TTP..n4-Ol Q - PA"F 1
3. Application and Property Facts
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings islrktho Trust Services as Trustee a/the 713 Meridian Roadlnvestment
Trust.
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibits D and E for the findings required for each application
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 City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received ¡Yom 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 Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site !Landscape
Plan dated September 9, 2004 as shown in Exhibit B and the Conditions of Approval in
Exhibit C. 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 City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
('.A~F N()(~' R7-04.00R ('TTP.nA-nlQ - PA"F?
1. The applicant's CUP SitelLandscape Plan dated September 9, 2004 is hereby
conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction ofperrnanent footings or
structures on or in the ground. In this context "structures" sha1l include sewer and
water lines, streets or building construction.
E.
Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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.
1.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved SitelLandscape Plan
Exhibit C: Conditions of Approval
Exhibit D: Rezone Findings
Exhibit E: Conditional Use Permit Findings
By action of the City Council at its regular meeting held on the
,2004.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
f'A~F N()(~' R7-04.nOR f'TTP.O<1.nl Q . P<1í}F ,
COUNCILMAN SHAUN WARDLE
VOTED¥
COBNClLMAN BiLL N7\:R:'J
VOTE:O----
COUNCILMAN CHARLIE ROUNTREE
VOTED ~
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-==-
Attest:
and City Attorney.
By:~(l .~}. Q Q ru.J
City Clerk
Dated:
to-18M
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
(,A~lO. N()(~' R7_M..OOR f'TTP.OA-nlQ . PAOlO. 4
EXHIBIT A
See Attached Deed and Legal Description
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WHEN rtECORDED MAIL TO:
LANCE D. CHURCHILL
961 PARKCENTERElLVDII311
BOISE ID 82706
ŒAcoz.(ø
Loan No. 0432264828 T.S. No 1049173-09
p"",oJ No.: 11.0406020020
SOl"" Above TbisLihe For Recorder's Use
TRUSTEE'S DEED
FIDELITY NATIONAL TIl1.£ INS COMPANY, (h.....in caned Trustoe) ..TRUSTEE under
Th. Doed ofTru., hereinafter particularly described. does her.by BARGAIN, SELL AND CONVEY,
WITHOUT WARRANTY, TO
IDAHO TRUST SERVICES AS TRUSTEE OF THE 713 MERIDIAN ROAD
INVESTMENT TRUST
(hehtin called GRANTEE)
whose .dd~sr is:
961 PARK-CENTER BLVD #311
BOISE m 82706
all ofll1e real property Sillllted in the County of ADA, Slele of Idalto dcscribed as follows:
LOT 4 IN BLOCK " OF J.M. ANDU.SON KOME PLAT. ACCORDING TO
nm OIi'FIè1;AL fLAT THElŒOF. FILI!D IN BOOK 8 OF PLATS AT PAGE 348.
RECORDS 0& ADA COUNTY. IDAHO.
Tbis conveyance is .;tide purs.lnl 10 lI1e powe.. oonfefred upon Trustee by Deed 0'11'11st b_cen
JOHN R. BEAUDOIJitAND M...rtGAIlET JUDY BEAUDOIN, HUSBAND AND
~Æ t' .
lIS GrIIßlOt, STEWART TI11.E, astruslae IDd
NORTH AMERICAN MOrtTGAGE COMPANY
lIS Benefic;ary, recorded July 31,2000, as Insuumenl No. 100060317 in ADA counlY,
Idaho MOItgage Reeord., Ind aftcrlhe fulfillment oflbe conditions specified in said Dccd ofTrusr
aulhori~ing liIis con~œ IS foUoWI:
(I) Dcf"",1 oceured in the obli¡atiollti 'orwbich such Deed ofTrusl 01" givcn as
.ecuril)' end Ibe Boncolioiuy made demand upon lbesaid Trustccro .011 said propeny pursuant
10 Eb. lenns Druid Deed of1mot. NoliceofDefaullwurecordod lIS InsnvmenlNo. 102153292
(b) After recordalion of ,aid Notice of Default, Trustee gavc noti"" oflhe time and pIsco
oflhe SI¡eofRid prope<ry by rcsillerod or certified mail. by personal service upon lb.
occupants of said rei' property, by pollÍDg ÌA aèonopicuous plIo. on ..id property and by
publishing in I ne_poper of general circullrion in clC;h of Ihe eounlies in which Ibe properly is situaled
as more fully appears in affidavils recorded at IIaSt 20 days prior 10 dare ofslle as I"s!turnent No. (0):
affidavit of mailings 103033181
.flid..it of postins and service 103033183
affi"'vit o'publishing 103033182
recorded in ADA County, Idaho Monp~ rccordtl.
THIS DOCUMENT IS FILED FOR RECORD
BY FIDEliTY NATIONAl TITLE INS. CO AS
AN ACCOMODATION ONLY IT HAS NOT
BEEN EYJlMIIIED AS TO ITS EXECUT'O~;
OR 1.5 TO ITS EFfECT UPON THE TITi.£
. ,
. .
~
Loan No. 04)2264828
T.S. No 1049173-09
Parcel NG.: R0406020020
TRUSTEE'S DEED, Continued
(c) The provi~on5, recital¡ and contonts Gfllle NOti(:C or Doraulr rcrcned to in paragraph (a) supra
end of Ihe Affidavits ~fcm:d to in ""'gI1I Ih (1» lII II'a shall be and they ano heRby ineorpGrated heroin and
made an ¡nregra! pan hereoffor all pll'lpOSel .. though slit forth herein ar length.
(d) An ...qunmenlS ona", ""santini Ihe mailing. personal service, posång, publicatiGn and rcco<ding
of Notice of Defaul4 and notice of sa!. and orall orh.rootic.. have been complied ...ith.
(e) Not less than 120 days elposcd betwe... Ihe giving of notice or sale by regi...",d or "ettired moil
and the sale of said property.
(0 Trustee. at the time o...d place of sale (.xed by ,aid ...otioe, ar public a""tion, in one p.",el, struck
orfto the Grantee, being the highest bidder therd'or,lbe property herein described, foc the .urn of
S52."OoI.OO. subject however to III prior liens IIIId encumbrances. No person Or corporation offered to take
any part of &aid propol1 ' less than the whole thereof for the amount of principal, intere.~ advances. and costs.
Dared: August 6, 2003
State of cl~
County of () A.l1Ø.Þ-
On ß 11/13 3 before me,!he undersigned, a Notal)' Public in
and for ..to state, personally appeared
Gerri StleDaard
pCfSOnal1y known to me (or proved 10 mc on rho basis of satisfactory
evidence) 10 be Ibe 1""'00(.) whose name(.) is/are subscribed
\0 the within iDSlrwncnt and ackDowledscd to me that be/she!
rhOJl ",ceoted the same in his/herlthoir authorized
capaci!y(ies), IIIId that by hislherilheir sìgnature(s) on Ihe
instrument the pcrson(s), or .~tity U )on behllf of which the
person(s) ICICd, ex..1IIed rhe iosmunent.
WITNESS my hand end official seal.
Si/1flar=f-,NnV l~ ~;"'¿/,rh)
TDUSID
Rev. Ill/16/99
PAGE 2 OF 1
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EXHmIT B
See Attached SitelLandscape Plan
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EXHIBIT C
The City Council of the City of Meridian hereby approves the requested Conditional Use Permit
as requested by the Applicant for the property described in the application, subject to the
following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
Planning & Zoning / Public Works
1. The building and site improvements shall be constructed per the approved plans with all
modifications required by this report.
2. The project is approved for office or other commercial use, provided parking
requirements can be met.
3.
The applicant shall revise the plan to correct the right-of-way/property line location and
project layout, show the stormwater facilities, show the trash enclosure, correct the tree
species, and make any other changes required by the Commission. Submit 10 copies of
the revised plan to the City Clerk's office at least 10 days prior to the next hearing on this
application.
4. No ITeestanding signs approved for this project. Any wall signs shall be regulated by the
L-O standards for signage in the zoning ordinance.
5. The buffers between land uses, street buffers are approved per the dimensions shown on
the approved site/landscape plan (with the modified building setback). Pine trees shall be
changed to an approved deciduous species.
6. This conditional use permit shall be subject to the expiration provisions set forth in MCC
11-17-4.B.
7. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance
Il-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide.
8. The existing trees proposed for removal may be removed without mitigation.
9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted
plans. Handicap parking spaces shall be signed and striped in compliance with Federal
accessibility guidelines.
10. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or right-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
11. All signage shall be in accordance with the standards set forth in this report and Section
11-14 of the City Zoning and Development Ordinance. All signage shall require separate
sign permit(s).
12. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
13. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
14. Certificate of Occupancy: All required improvements must be complete prior to obtaining
a Certificate of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a letter of
credit or cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request for
temporary occupancy.
Fire Department Conditions
1. Acceptance of the water supply fur fire protection will be by the Meridian Water
Department.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. Building setbacks shall be per the Building Code for one and two story construction:
4. Commercial and office occupancies will require a rITe-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed an
average of300' apart.
5. Maintain a separation of5' ITem the building to the dumpster enclosure.
6. Provide a Knoxbox entry system for the complex.
7. The first digit of the Apartment/Office Suite sha1I correspond to the floor level.
8. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this
project.
Sanitary Services Comment:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior
to the public hearing. There is a concern that the required modifications may significantly
impact your site design and may require a revised site plan. If the site plan is revised,
contact the planner assigned to the project immediately to discuss the changes and how to
proceed with the revised site plan.
Police Department Comment:
1. The Police Department has no concerns related to the site design submitted with the
application.
Parks Department Comment:
1. The Parks Department has no concerns with the site design as submitted with the
application.
B.
Adopt the Recommendations of ACHD as follows:
1. Meridian Road
Dedicate additional 5-feet of right-of-way for a total of35-feet of right-of-way ITom the
centerline of Meridian Road abutting the parcel by means of a warranty deed. The right-
of-way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD Commission or
prior to issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner submits a
letter of application to the impact fee administrator prior to breaking ground, in
accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198),
iffunds are available.
2. AYey
Dedicate 2-feet of additional right-of-way ITom the centerline of the north/south alley to
provide lO-feet ITom centerline abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The owner will not be
compensated for this additional right-of-way because the alley is to be brought to adopted
standards by the developers of abutting properties.
3. Pave the alley its entire width of the right-of-way ITom the nearest public street to and
abutting the development.
4.
Construct the alley approach as proposed, 24-feet north of the south property line. This
location meets District policy and shall be approved as proposed.
5. Pave the alley approach 25-feet in width and 30-feet into the site. Delineate the driveway
with landscaping as proposed.
6. Provide on site parking with adequate turning radius to prevent backing out into the
alley.
7. The applicant shall be required to repair any existing damaged. sidewalk; curb and gutter
construction or replacement; replacement of unused driveways with standard curb, gutter
and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control
devises; and other similar items in order to correct deficiencies or replace deteriorated
facilities. The applicant shall be required to work with the Development staff to correct
any deficiencies abutting the site.
8.
Comply with all Standard Conditions of Approval.
Stanrktrd Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street ITontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
c.
5. All design and construction shall be in accordance with the Ada. County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change ITom the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval ITom appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Enviromnental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
D.
Adopt the Recommendations of the Nampa Meridian Inigation District as follows:
1. All laterals and waste ways must be protected.
2. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Inigation District must review drainage plans.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
EXHIBIT D
The City Council hereby approves the following analysis of required findings by staff,
with strikethrough modifications, as noted.
STANDARDS FOR WNING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following stanrktrds and shall find adequate
evidence answering the following questions about the proposed zoning amendment (11-
15-11):
A.
wm the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
Staff finds that the requested Old Town (O-T) zoning designation is in accord
with the Comprehensive Plan's Future Land Use Map, which delineates the
subject property as "Old-Town". The text of the Comprehensive Plan (page 99)
supports a variety of uses in the O-T zone, including offices and retail. In
addition, it states, "In order to provide and accommodate preservation of the
historical character, specific design requirements may be imposed. Pedestrian
amenities would be emphasized."
B.
Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff finds that the proposed re-zone and accompanying development plans
comply with the requested zone and staff does not anticipate that the property will
be rezoned in the future.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that the applicant has submitted detailed development plans for a
Conditional Use Permit for the property. Staff further finds that the proposed
office/retail use will only be allowed with the approval of a Conditional Use
Permit in the proposed O-T zone. Iatel!âed setbaeks >,vill Be dermed BY the
DewooJWß Traaspertatiea MaHilgemeHt Plan; Wltil the plan is eoHIJIlete IUId
adopted, setBae!Œ slieclti be ia aligHHleat ather stmetureß ea the bleek.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the City's Comprehensive Plan has provided the applicant with the
ability to request the O-T zone for the subject property. Much of Meridian Road
has already redeveloped ITom residential to office or commercial uses.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character ofthe same area;
Staff finds that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood,
espeøiwly if setbaeks are modified in alignHleHt \'11th ether e¡¡isting struøtlffes
wang the hloek. The proposed office/commercial use in harmony with the
intended uses in Old Town. Staff is pleased that the applicant has placed the
parking in the rear of the building.
F.
Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone should not be disturbing to existing or future
neighboring uses. Through the comp plan process, the City determined that
compact, infill development is appropriate for the area. Any future change of use
on the property that may have a significant impact on the surrounding properties
will require conditional use approval under current ordinances, and adjoining
property owners will have an opportunity to comment.
Staff anticipates that the proposed office/retail building use will not be hazardous
or disturbing to the neighboring uses. The Commission and Council should
consider all public testimony, oral and written, before making this finding.
G.
Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shaD he able to provide adequately any such
service;
Staff finds that the proposed uses can be adequately served by all essential public
services and facilities. Drainage will need to be retained on site. Please show the
proposed drainage facilities on the plans to be revised and resubmitted.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Staff finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to the economic welfare
of the community.
K
L.
I.
Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed ().. T zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials,
equipment, and conditions that are detrimental to the general welfare of the
community.
J.
Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
Staff finds that the proposed 0- T zoning will not interfere with general traffic
patterns on any public streets. Please refer to the revised ACHD staff report for a
full report on traffic issues.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that the existing trees on the site are considered dead or dying and may
be removed without mitigation. No other natural or scenic features will be lost or
damaged by the project.
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City by
allowing a property owner to make improvements to the property for re-
development that would otherwise not be allowed without the rezone.
B.
C.
D.
EXHIBIT E
The City Council hereby approves the following analysis of required findings by staff
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall find evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The proposed building is 2,674 s.f. total. Ordinance requires 1 per 400 s.f. for
professional office and 1 off-street parking space per 200 s.ffor retail uses. Thus,
for an office use, the project would require 7 spaces. 7 spaces are provided per
the site plan. For a retail use, however, the project would require 13 spaces. Staff
finds that the subject property, as depicted, is large enough to accommodate the
required parking, open spaces and landscaping required by the ordinance for an
office use, as long the buffers between land uses are approved under alternative
compliance. The site does not have enough space to accommodate parking for a
retail use. Therefore staff recommends approval of the project for office or other
commercial use provided that parking requirements are met. See condition #2
below.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as Old
Town. Staff finds that if the modifications required in this report are done, the
application will meet the requirements of the Planned Development and other
Zoning Ordinances. See items A and C under the Zoning Amendment Analysis.
That the desigu, construction, operation, and maintenance wiD 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 concept to be compatible with the intended character of the
area. See item E under the Zoning Amendment Analysis.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
E.
F.
G.
H.
L
Staff does not anticipate that the proposed development will have an adverse
impact on the surrounding property. However, the Commission and Council
should consider any testimony given at the public hearings before making this
finding.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
See comments under the Zoning Amendment Analysis item G.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare ofthe community;
See comments under the Zoning Amendment Analysis item H.
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 general welfare by reason of excessive production of
traffic, noise, smoke. fumes, glare or odors;
See comments under the Zoning Amendment Analysis item I.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
See comments under the Zoning Amendment Analysis item J.
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.
See comments under the Zoning Amendment Analysis item K.