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HomeMy WebLinkAboutWrinkleneck Project AZ-04-012 CUP-04-34 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 1.82 Acres from RUT to C-C Zone for Wrinkleneck Partners, LLC AND Conditional Use Permit for Gas Station and Convenience Store in a Proposed C-C Zone for Maverik Country Store Case Nos. AZ-04-012, CUP-04-034 For the City Council Hearing Date of: October 12,2004 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') ofthe 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. b. The matters were du1y considered by the City Council at the October 12, 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. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). d. 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. c. 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 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO.AZ-O4-012 -PAGElof5 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 is Wrinkleneck Partners, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit E for the findings required for the Annexation and Zoning application. See Exhibit F for the findings required for the Conditional Use Permit application. b. 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 (LC. §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 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 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 Plan dated August 4, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C and D. 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 CASENO.AZ-O4-012 -PAGE2of5 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated August 4, 2004 is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the City Council hearing: a. A site specific condition was added to File No. CUP-04-034 (Maverik Country Store) requiring the site to be plumbed for stage two vapor recovery and requiring the dispenser nozzles to include shields. 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. 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. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. 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 ofthe City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-O4-012 - PAGE 3 of 5 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. Exhibits F. Exhibit A: Legal Description Exhibit B: Approved CUP Site Plan (with conditions) Exhibit C: Annexation & Zoning Comments Exhibit D: CUP Site Specific Conditions of Approval (all agencies) Exhibit E: Annexation and Zoning Findings Conditional Use Permit Findings Exhibit F: By action of the City Council at its regular meeting held on the tJc..h ~ , 2004. 26~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~.f- COUNCIL MEMBER KEITH BIRD VOTED-þ VOTEDþ COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: ~ Ct. ~\\ ~ 0 IIt..J City Clerk's Office Dated: ll-I-O4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO.AZ-04-0I2 -PAGE50f5 EXHIBIT A Legal Description UO1\lIl\Idtlin¡¡ ~, "'xl EXHIBIT B Approved CUP Site Plan (see attached) -...-...---.---.-- \\\\\ ',.. -- ::'."" I - I ,.-- \ : \----T-~~ , , : ' :¡ I 'I I: :: WE ~T :1 v' :' >- 'I r! z:¡ 51 ~i¡ ~¡¡i i *:11 ~ ::>q ," , , I I ! j ¡ i ! -- --.-._<>-._.L --.-----...-- ---.-.-.- EXffiBIT C Annexation and Zoning Wrinkleneck Partners, LLC (File AZ-04-012) The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application is accurate, places the property contiguous to existing city limits, and meets the requirements of the City of Meridian and Idaho State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. At the time of annexation, the applicant is proposing to develop/improve approximately 1.01 acres of the 1.82 acre parcel described in the annexation legal description. Prior to developing the remaining 0.81 acres of the parcel, the applicant is hereby informed that a Conditional Use Permit application must be submitted and approved prior to applying for building permits on the western portion of the site. 4. A Development Agreement will not be necessary with this annexation. All conditions of approval will be made as part of the conditional use permit. EXffiBIT D Conditional Use Permit Maverik Country Stores (File CUP-04-034) 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: Site Specific Conditions of AoorovaI 1. The building and site improvements shall be constructed per the approved plans with all modifications required by the City Council. 2. If a free-standing sign is located at the corner of the parcel (as shown on the approved CUP Site Plan), the 1.82 acre parcel is limited to only one (1) free- standing sign. If the signage is shifted to be clearly on both frontages and closer to the primary access drives, two (2) free-standing signs would be permitted on the site. 3. The applicant shall provide some type of additional architectural treatment to improve the street appeal of the east building elevation, such as a band of coloring to match the façade or additional brick treatment. The additional treatment should be located at least twelve (12) feet above grade. 4. Prior to the issuance of a Certificate of Zoning Compliance on the site, a recorded, perpetual vehicular cross-access easement shall be submitted in favor of the parcel to the north (Ada Co. Parcel No. SI118449550), currently owned by Ronald W. Van Auker. Said easement shall cover the 32-foot wide driveway on S. Locust Grove Road and extend along the north property line approximately 60 feet into the site. 5. The applicant shall revise the Site Plan (Sheet C-l.!, by Timmerman Assoc.) to reflect the following changes: a. Widen the sidewalk abutting the east elevation to a minimum of five (5) feet b. Add one (1), two-inch caliper deciduous tree to the three (3) landscape planters on the south side ofthe building c. Ensure that the inside dimension of said planters is a minimum of five (5) feet 8. 9. 6. The Preliminary Landscape Plan (Sheet L-U, by Timmerman Assoc., dated 7-6- 04) is not approved as submitted. Revise the plan to match the Site Plan and make the corrections as noted in condition #4. Submit a detailed landscape plan with Certificate of Zoning Compliance application. 7. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Domestic water service to this site shall be via main line and/or service line extensions from mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. The site shall be plumbed for stage two vapor recovery and the dispenser nozzles shall include shields. Standard Conditions of Aooroval 10. 11. 12. 13. 14. 15. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide. 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. 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. 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). All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 16. 17. 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. 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 Deoartment Conditions 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y>" 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'. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Fire lanes and streets shall have a vertical clearance of 13'6". This includes the fuel dispensing island canopy and all landscaping. 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 0[300' apart. 5. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 6. Maintain a separation of five feet from the building to the dumpster enclosure. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. 9. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 10. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Sanitarv Services Comoanv Comment: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Police Deoartment Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Deoartment Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. Ada County Hil!hwavDistrict Conditions: Site Specific Conditions of Approval Standard 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 frontages 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 uIÙess 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 of Idaho 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 from 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 rIDes, 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 uIÙess 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. Central District Health Deoartment Conditions: I. This proposal can be approved for central sewage & central water after written approval from 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-offis not to create a mosquito breeding problem. 4. Plans must be submitted to Central District Health for plan review of any convenience store use. 5. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6. 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. Namoa & Meridian Irril!:ation District Conditions: 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 Irrigation District requires a Land Use Change Application be filed for review prior to final platting. 3. Alllaterals and wasteways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E The City Council hereby approves the following analysis of required findings by staff: ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to 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. " The following is the list of standards found in 11-15-11 and analysis by staff; 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 pIan amendment; Staff finds that the requested Community Commercial (C-C) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Community". Meridian City Code (MCC) 11-7-2.1. states the purpose of the C-C district is "to permit the establishment of general business uses that are of a larger scale than a neighborhood business. . .and to prohibit strip commercial development and encourage the clustering of commercial enterprises." The following Comprehensive Plan policies also support the annexation and proposed retail/fuel service use: . "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the CUP application for this property shows internal planters, as required. . "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is located at the intersection of two minor arterial roadways. A 25-foot wide street buffer is shown along the streets, designed in part to mitigate potential negative impacts upon the residential subdivision on the south side of Overland Road. B. c. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) ACHD is requiring the applicant to locate the two curb cuts to the property at the future property boundaries so the cuts can be shared with adjacent development. In addition, the Overland Road curb cut is restricted to right-in/right-out/left- in only. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed rezone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. The area designated as "Future Development" west of the Maverik site is anticipated to remain C-C zoning in the future. 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 convenience store use will only be allowed with the approval of a Conditional Use Permit in this mixed use area. 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 immediate vicinity is a mix of undeveloped county parcels that are designated for a mix of uses in the future, existing urban density residential uses (Sportsman Pointe), and property annexed and zoned as commercial property. The southeast corner of Locust Grove and Overland (approx. 14 acres) was annexed and zoned CoN (Neighborhood Commercial) in 2000 as part of the Resolution Subdivision planned development. Immediately south of that parcel is a church that was constructed in 2002. The widening of Overland Road to 5 lanes, the construction of Mt. View High School, the signalization of the intersection, and the Locust Grove/I-84 overpass construction in 2006 are all indicators of a need for commercial services south of the interstate. 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 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. The proposed retail/fuel service use in harmony with the intended uses in the C-C district. The western edge of the proposed Maverik development (center of the Overland Road entrance driveway) is approximately 30 feet east of Sportsman Pointe Subdivision's nearest lot. The application does not indicate potential future uses on the west half of the 1.82 acre parcel. However, any future use will only be allowed through a public hearing/CUP process. The landscaped street buffers, lighting standards and building setbacks as required by the Zoning Ordinance are intended to ease impacts of these commercial uses on nearby residences. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested annexation and zoning to C-C should not be disturbing to existing or future neighboring uses. 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 commercial use will not be hazardous or disturbing to the neighboring uses as long as lighting and noise ordinances are adhered to. 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 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. 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 annexation would not be detrimental to the economic welfare ofthe community. 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 C-C zoning of the property does not inherently allow J. K. uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-C zone include car wash facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require CUP applications which will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the gener¡¡1 welfare. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The accompanying CUP application shows vehicular access to the property via two (2) existing curb cuts that were installed as part of the 2003 Overland Road project. The property owner negotiated the locations and design of these ingress/egress points with ACHD. To help prevent interference with westbound Overland traffic and southbound Locust Grove traffic, left turns are prohibited out of the site. Please see the ACHD staff report for more information regarding vehicular approaches and traffic. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest of the City; Staff fmds that the proposed annexation would be in the best interest of the City by increasing the supply of land zoned for neighborhood and community-oriented commercial/retail uses south of I-84. The proposed zoning complies with the Future Land Use Map, is not proposing any variances or exceptions to Meridian City Code and will allow for the improvement of land at a high visibility intersection in the Area of Impact. EXHIBIT F The City Council hereby approves the following analysis of required findings by staff: CONDITIONAL USE PERMIT STANDARDS 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. B. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; 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 a convenience store and fuel service use. The minimum number of required off- street parking spaces are shown (19), along with the 25-foot wide street buffers and drive aisles. While the north half of the Locust Grove Road entrance driveway is actually outside the proposed annexed area, staff does not believe this is a problem since both parcels are owned by Van Auker. 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 Mixed Use-Community. 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. 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; Stafffmds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; 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 E. F. G. finding. See item F under the Zoning Amendment Analysis. 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; 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. 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; Staff fmds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed annexation would not be detrimental to the economic welfare of the community. 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; Staff finds that the proposed C-C zoning 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. Permitted uses in the C-C zone include car wash facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require CUP applications which will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. H. 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; The accompanying CUP application shows vehicular access to the property via two (2) existing curb cuts that were installed as part of the 2003 Overland Road project. The property owner negotiated the locations and design of these ingress/egress points with ACHD. To help prevent interference with westbound Overland traffic and southbound Locust Grove traffic, left turns are prohibited out of the site. Please see the ACHD staff report for more information regarding vehicular approaches and traffic. I. 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. Staff finds that no natural or scenic features will be lost or damaged by the project.