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HomeMy WebLinkAboutLarry Knopp RZ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 0.23 Acres from R-8 to 0- 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-O4-008, 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 C'.A~P NO(~\ R7-04-nn~ C'..TTP-Od-O1Q - PA('.P 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 fIDdings is Id£tho Trust Services as Trustee of the 7i3 Meridian Road investment 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 I. 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 ftom 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 C'.A~P Nor~\ R7-04-00~ C'.TTP-O4-01 Q - PA('.P ? 1. The applicant's CUP Site!Landscape 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 of permanent footings or structures on or in the ground. In this context "structures" shall 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 Site/Landscape 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 C'.A~P NO(~\ R7-n4-0n~ C'.ITP-Od-Ol Q - PAC1P 1 COUNCILMAN SHAUN WARDLE VOTED¥ COBNCIL1VlAN BiLL Nì\:R': VOTE~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED ~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: By:jalO . ~A. Q Q rv.J City Clerk Dated: to-I 8-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (,A~FNO(~) R7-04-00~ C'.TTP-04-O1Q .PAnFd EXHIBIT A See Attached Deed and Legal Description ,-----. -:'?5 . " ~ IIEtalDEII J. D~VID IIt.VARRD ~rlt lDAIIO 0IIØII03 04::111 PM , III ~!'IITT Midlt!:':F 1IIIIIIIUR\Ift"."ßmll\1l MCQllDED-R.wy II 1\ 193133237 Tllit Dat , .. . ~MOUII! .W z :r -... WHEN RECORDED MAn. TO: LANCE D.CHURCHILL 961 II ARKCENTER BL VO 1/311 BOISE ID 82706 ŒAcxn.(o SO""" Above Tnis Line For Recorder's Use Loan No. 0432264128 T.5.No nQ491n-o9 Parcel No,; 11.0406020020 TRUSTEE'S DEED FIDELITY NATIONAL mLE INS COMPANY, (hemn called Trustee) a. TRUSTEE under- The Deed of Tmst hereinaft..- perticulttly described. docs hereby BARGAIN, SELL AND CONVEY, WITHOUT WARRANTY. TO IDAHO TRUST SERVICES AS TRUSTEE OF THE 713 MERIDIAN ROAD INVESTMENT TRUST (herein called GRANTEE) whose .dd~, is: 961 PARKCENTERBLVDtl311 BOISE ID 82706 all of the lal prnpeny situated in the County of ADA, State of Idaho dcscribod as follows: LOT 4 IN BLOCK" OF J.M. ANDERSON HOME PLAT. ACCOIWING TO THE OFFIC¡At. PLAT THEREOF. FILIW IN BOOK 8 OF PLATS AT PAGE 348. RECORDS oF; ADA COUNTY. IDAHO. t Thi. convoyance i. m:ide p"nUBnt to die pow"," canfei-red upon Trustee by Deed afirust betwcen JOHN 11., BEAUDOIIt,A, NO MARGARET JUDY BSAUDOlN. HUSBAND AND M~ ~ ' IS GtanlOt, STEWART'TITI.E, a.lruslJle aad NORTII AMERICAN MORTGAGE COMPANY IS Beneficiary. recorded July 31, 2000, aJ lostrumenl No. 100060317 in ADA counly, Idaho MOttlage Records, and after Ihe fulfillment of Ih. conditions specified in said Dccd af Trust a"lhori~ing this conveyance: IS followa: (I) Deflldl occum! in the oblíptiolW forwbieh sucb Deed ofTrust was given IS seeuri!)' and the BOMficil'Y made demand upan the- lIid Truslee to s.1I ¡aid prapeny pursuant to the terms of .aid Deed of Tmn. Notico of Default was recorded as Instrument No. 102 I 53292 (b) After recordalion of slid Nolice of Default, TmSle. give notice of the rime Ind place oflhe saloofsa;d property by reþllerod or certified mail. by pOlSOnaL service upon the occupants of said ....1 prupcrty, by pasting in a cDnapicuous place on said property and by publishing in a newspaper af genenol circulatian in each of the counties in which 111. property is situated IS more fully appelrs in affidavjls recotdod It lelSt 20 days prior to date of slle as I"strument No. (s): affidavit of mailings 103033181 affidavit of poslÌna and service 103033113 affidlvilofpublishing 103033182 reçolded in ADA County, Idaho Moltl:ll e morels, THIS DOCUMENT IS FILED FOR RECORD BY FIDElITY NATIONAL TInE INS. CO AS AN ACCOMODATION ONLY IT HAS NOT BEEN EYJiMIrlED AS TO ITS EXECUTIO!; OR AS TO ITS EFFECT UPON THE TITLE ;, . '"& Loan No. 0432264828 T.S. No 1049173-09 Parcel No.: R0406020020 TRUSTEE'S DEED, Continued (c) The provisions, n:cilalc and contenls oflile Notiçe of Default referred \0 in paragraph (a) ...pra and oflhe Affidavirs refcm:d 10 in parIIlJITIPh (b) npra shall be and they ara hel1!by incorporated herein and made an inregral pan bereaffor aU pwposec al IhOUBh 501 forth herein a, ¡...grh. (d) All requimn.ntS of la", regarding the moiling, personal5OJ'\'ice. poSting, publicalion and recO<ding of Nolice of o.faul~ and no.ice of sale and oYaIl orher nolices hive been compliod wilh. (e) Not les, than 120 days elpascd berwe... rhe Biving ofnohee or sale by reg¡",ered or ccrtifed mail and the sale of said properly. (f¡ T"'I'ce, a, Ihe time and place of sal. fixed by said norice, 81 public auction, in ona parcel, scuek off 10 the Oran..., being IhG highoot bidder therefor, lb. propony helCin described, (or lhe Bum of $52,001.00, subjecl however 10 ,II priM JieJIs and encumbrances. No person or corporation offered 10 lake any part of.aid propony leoslhan Ihe whole thereof far Ihe amounl of principal, inlel'eat. ad.aDe"', and cnsls. Dated: AuguSt 6, 2003 Stale of d~ County of t) A.I~ On ØI1/Þ?J before me,lIIe unden;ígnech NOI8ty Public in and for sa{ð Stlte, pcl1ional1y appeared Olrri ShlDøard personally known to me (or ProVed 10 me on the basis of satisfactory cvidence} to be the lCTSon($) whose name(s) is/are subscribed 10 tI1e wilhin instrwnent and aelcìtowledged to me Ihat hel,he! they e~.cotcd Ihe same in hislher/lhoir authorized capacily(ies), and that by hisiher/their sì¡naluTe(s) on the insmunent the person(s), Or ."lily upon behalf ofwhiçh rhe person(s) acted, exceufCd rhe inslrmnenl. WITNESS my hand and official seal. Si;nalu..ßAA'1Y /"~;.I¿,r~) TDUSJD RrfY. /0/16/99 PAGE 2 OF 2 J@- - C=~=67-f ~ .-v~-CCIII- ~ 0nIngI0 eo...... ( j - - - ~~~10.~1 EXHIBIT B See Attached Site/Landscape Plan ~ 'l'i"'I.,,~...~;JI. ...... i I ~.4fJJ'. .¿...ll~.. i ¡., 1.:.IiflJ,d HI; ¡,r wIf!:e '.. ...:\î...... ...... ,'" ~,IJ it!! f ¡ ¡if l" ~ ,'.It I i ¡ = .1 ~ . , . J -k¡ J iif . ,. f , ! ~ , ; . . . In' i' ",.. !i~1 ~. ~ ii"'-~ " . . ,-. '.' '.r'Of . . . . . ' .. ., , .i: .. I -:1 , ! 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 I 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 storm water 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 fteestanding 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 sitellandscape 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 19feet deep per Ordinance 1l-13-4.F. All drive aisles adjacentto 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 1l-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 ofIdaho 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 for 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 \12' 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 fIre-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' ftom the building to the dumpster enclosure. 6. Provide a Knoxbox entry system for the complex. 7. The first digit of the Apartment/Office Suite shall 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: I. The Police Department has no concerns related to the site design submitted with the application. Parks Department Comment: I. 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 ftom 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 fmal 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. Alley Dedicate 2-feet of additional right-of-way ftom the centerline of the north/south alley to provide 10-feet ftom 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 ftom 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. Stand£trd 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 ftontages 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. 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 of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ftom 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. c. 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 ftom 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 Environmental 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 Irrigation District as follows: I. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. Ifany surface drainage leaves the site, the Nampa & Meridian Irrigation 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 ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11- 15-11): A. Will 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 0- 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 futnre; 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 aDowed 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 0- T zone. IatlJfldeà setl3ae1fs '."ill be defined l3y tile Do,;lfIte':¡a Tf8.I!BJ!ertatiea Maaagemeat Plan; 1:HItil the plliIl is eoHlJ!lete and aåe¡Hed, set-eaeks sheWti be ia aligflffieRt ether litRtettires ea the Meek. D. Has there been a change in the area or adjacent areas which may dictate that the area should he 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 H. has already redeveloped ftom residential to office or commercial uses. E. Will the proposed uses he 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 of the 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, espeeially if seteaelm are medified in aligr.meat with ether eJíi3tiag strnefurøs alÐlJg the Block. 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 romp 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 couditional use shall be 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. 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. L. L wm not involve uses, activ:ities, processes, materials, equipment, and conditions that wm 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 0- 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. wm 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 O-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. K. 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 ofthe 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. EXHIBITE 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 an 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 design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds the design 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; H. I. 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. E. 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 conditionaJ use shall be able to provide adequately any such services; See comments under the Zoning Amendment Analysis item G. F. 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 of the community; See comments under the Zoning Amendment Analysis item H. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that wiD be detrimental to any persons, property, or genera] welfare by reason of excessive production of traffic, noise, smoke, fnmes, 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 intederence with traffic on snrrounding 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 naturaJ, scenic or historic feature considered to be of major importance. See comments under the Zoning Amendment Analysis item K.