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HomeMy WebLinkAboutRobert Monson RZ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to rezone 0.249 acres from R-8 (Medium Density Residential) to O-T (Old Town) and for a Conditional Use Permit for a new Office/Retail Building in a Proposed 0- T Zone, by Robert Monson Case No(s): RZ-05-001, CUP-05-00l For the City Council Hearing Date of: March 8, 2005 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 February 3, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. 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). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 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 CASE NO(S). RZ-O5-001 CUP-O5-001 - PAGE I 0£4 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 ofthese findings is Robert Monson. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D/E for the findings required for this 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 (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 ofthe 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 February 3, 2005 as shown in Exhibit B, and the Site Specific and General Comments/Conditions in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe 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: 1. The applicant's CUP Site Plan as evidenced by having submitted the site plan dated February 3, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-00I CUP-O5-001 - PAGE 2 of 4 2. The Site Specific and Standard Comments 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. 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 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regnlatory 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Exhibit B: Legal Description Approved Site Plan CUP Exhibit C: Site Specific and Standard Comments CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-00I CUP-O5-001 - PAGE 3 of4 Exhibit D: Zoning Amendment Findings Exhibit E: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the ~ mo...r-t"..h ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-=- Attest: and City Attorney. By: JOJ1o.1J\oJ.!\-.. City Clerk's Office Dated: 3-d \ .DS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-00I CUP-O5-00l - PAGE 4 of4 EXHIBIT A Robert Monson RZ-OS-OOl CUP-OS-OOI Legal Description AIIIIGUIIIY_._- 1181liliiii__" ~.,. IIIIIII~~I.' stewart cs""" 01 bc~ f:li1.J 40~ ~ WARRANTY DEED For wJue _ivcd Horry D - ODd - S -. busbaod mlwifio, who aequÎ1<d rille as IIm¡o D Ðouko (dO.......m¡¡, the Grantor, heœby ¡¡ranIS, batgaiDJ, sdI.. - ODd -.... Robert J - om! TIIIyMa V Foden>w, Imobood and wifu, - ODd wifo the Gßntee, whose CIImoI -. ¡s 1001II$ - Driva.!IoiBo, ID &3709 !he following described ........., '" wit; s.e-_A"_dlcd- P""'¡N1Imbor; R93237S00011 SUBJECT TO: CUmot - T-. alien in"" - ar .._not,.. due or payable. I!aaomeob, ~ ....."atImoa, JROYÌIIOna or mcord, and -~ if any. TO HA VB AND TO BOLD .... said premi.... with their -.. unto the Wd Gtan1ee, thoir h... ODd assi¡ns _. And"".aid 0nm1cs - heœby oovenanl '" and with the.aid OnIntec, ""'n is.... o_infi:c simp" ar_pIaIIIsea, 1hat said!""";"" are fioc !!om .n......bnmces ODd !hat he will........ ODd defend"""", 110m aU lawfuJ 01...,. _. Doled this26lhCÚlyOrJuIy, 2- J!srty~JJ~ .!i..."Ù.ll _5i1hb. Bcmico S - "-<TIB<"-"'" ...--. "".......' _Po.H""'"" ...."n 3 . . EXBIBIT"A" The East halfofLot 1, in_I ofW,,", View AddIIiOD,A<:contiI>g1Dtl!eol!iclatPtattbmof, fiJcd in Book 2 ofPlAIs.. Pa;o 63, ........ of Ada CoImIy, Idøho. EXCEPTING IbaI portioo deeded to Ada Cowlt)' ~ Disuiot by W- Deed rccœdad.faolWy 16, 1 m.. ¡""""",..tNo: 9BDO3706l11Ú1foithcr.."'"""'<Ibyaffidavit ~ApriJ 10, 1'198.. Jnsttumoot No. 9ao33419,......... of AdaColmly,Iddw. .. @ @ ,...".,..,,-"'- ""- ........'" ----, ...,.., :Þ ~ ¡..... 1 ;... .. '-' -, '" z , ,~ " ,,+ " ""Y.'" ,r .! :'11. III :§~ 1'111 llll~~ ;f! III : IIIII "!;Ü¡~ ','.',.....'...,......'. ;:'. I ¡~¡;hH """'No""", Office/Retail Rezone & Conditional Use 095"._""",-_",1.."'331<2 EXHIBIT C Robert Monson RZ-OS-OOI CUP-05-001 Site Specific and Standard Comments SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the conditional use permit. CONDITIONS OF APPROVAL (CUP) 1. The building and site improvements shall be constructed per the approved plans with all modifications required by this application. 2. The project is approved for a maximum of 1,399 total square feet of commercial use. The ratio of office to retail use shall not exceed the parking requirements per MCC 11-13-5(2) and shall adhere to the provisions stated in 11-13-5(7). 3. The front setback on the property along Meridian Road shall be 30 feet per the L- 0 zone standards for arterial streets contained in the Zoning Schedule of Bulk and Coverage Controls in MCC 11-9-1. 4. The applicant shall be prohibited from utilizing the basement for the retail and office uses, due to the inability to provide any further parking on the site to meet the requirements ofMCC 11-13-5. If additional off-street parking designated for this property is provided in the future, the basement may be converted as long as all Meridian City Codes in effect at the time can be met. 5. The applicant shall revise the site plan to show the requested right-of-way dedication and easement, and 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. 6. Meridian City Code requires that this site be served with an automatic underground irrigation system. Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. 7. One (1) freestanding sign is approved as included in application. At such time that the Ada County Highway District acquires expanded right-of-way along 8. 9. 10. 11. 12. Meridian Road on the subject property, the freestanding sign shall be moved at the owner's expense. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. The buffers between land uses and street buffers are approved per the dimensions shown on the approved site/landscape plan. The applicant shall work with City staff to determine any additional plantings to be required through Alternative Compliance. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4.B. All parallel parking stalls shall be at least 9 feet wide and 23 feet long per Ordinance l1-13-4.F. All drive aisles adjacent to parallel parking shall be at least 12 feet wide. The existing Black Locust tree proposed for removal may be removed without mitigation. 13. 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. 14. 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 l1-13-4C. 15. 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). 16. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 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. 18. 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 Comment: 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 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'. 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' from 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. Sanitarv Services Comment: 1. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit an approved site plan from SSC. Police Denartment Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Denartment Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. ACHD COMMENTS: ACHD Special Recommendation to the City of Meridian The City of Meridian and the Ada County Highway District are presently completing a jointly funded Downtown Meridian Transportation Improvement Plan. Once the study is complete, the study will provide a recommendation that Meridian Road will either be a five-lane (96-feet of total right-of-way, 48-feet from centerline) or a three-lane facility (70-feet of total right-of-way, 35-feetfrom centerline) south ofthe railroad tracks. For this development, the District recommends that the City ensure that any structures or permanent landscaping features (i.e. trees) be set back far enough to accommodate either roadway section. ACHD Site Specific Conditions of Approval 1. Dedicate 42-feet of right-of-way from 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 ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe 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 #200), if funds are available. 2. Construct a 13-foot wide right-out ONLY curb return type driveway (15-foot curb radii minimum) that intersects Meridian Road at the south property line, approximately 65-feet south of Pine Avenue (measured from curb line to near edge). Pave the driveway its full width of 13-feet and 30-feet into the site beyond the edge of Meridian Road. Provide adequate signage to restrict this driveway to a right-out ONLY and designate as "DO NOT ENTER". 3. Construct a 13-foot wide right-in/left in curb return type driveway (I5-foot curb radii minimum) that intersects Pine Avenue approximately l20-feet west of Meridian Road (measured from curb line to near edge). Pave the driveway its full width of 13-feet and 30-feet into the site beyond the edge of Pine Avenue. Provide adequate signage to restrict this driveway to a right-in/left-in ONLY and designate as "ENTRANCE". 4. Relocate any existing irrigation facilities outside of the right-of-way. 5. Other than the access points that have specifically been approved with this application, direct lot access to Pine Avenue and Meridian Road is prohibited. 6. Comply with all Standard Conditions of Approval. ACHD 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 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. 9. 10. 11. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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. 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 ITom the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject ofthis 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. EXHIBIT D Robert Monson RZ-OS-OOl CUP-OS-OOI Required Findings for Zoning Amendment 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 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 0- T zone. 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 from 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 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 office/commercial use will be in harmony with the intended uses in Old Town. 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 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 rezone would not be detrimental to the economic welfare of the 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; J. K. L. 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. 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 no 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. EXHIBIT E Robert Monson RZ-OS-OOI CUP-05-001 Required Findings for Conditional Use Permit 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 fmd 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 applicant is proposing 599 s.f. of retail and 800 s.f. of office space. Ordinance requires one (1) off-street parking space per 400 s.f. for professional offices and one (1) off-street parking space per 200 s.f for retail uses. Thus, the project requires two (2) spaces for the office use and three (3) spaces for the retail use. Five (5) spaces are provided per the site plan. City Council is aware that the structure has a basement which is not included in the 1399 square feet of pro posed office and retail space. The applicant shall be prohibited from utilizing the basement for the retail and office uses, due to the inability to provide any further parking on the site to meet the requirements ofMCC 11-13-5. The required landscape buffer between the proposed retail/office use and the residence to the south is 20- feet. The applicant can only provide approximately 4- feet of width due to site constraints and required parking located along the south side of the proposed drive aisle. In addition, Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. There are existing, healthy trees and large shrubs along the south property line which lie on the adjacent property, and create a screen between the properties. The applicant is also proposing to construct a 6-foot cedar fence along the south property line. Staff supports alternative compliance, provided that the applicant work with staff to determine what, if any, additional plantings shall be required along the south property line. The required landscape buffer between the proposed retail/office use and the residence to the west is 20-feet. The applicant can only provide approximately 6- feet of width due to site constraints and the proposed drive aisle. In addition, Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. There is an existing large tree along the west property line which is proposed A. B. to remain. The applicant is also proposing to construct a 6-foot cedar fence along the west property line and add two (2) trees. Staff supports alternative compliance, provided that the applicant work with staff to determine what, if any, additional plantings shall be required along the west property line. City Council 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 and retail use, as long as the buffers between land uses are approved under altemative compliance. 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 ofthe 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; City Council finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. C. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council 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. D. 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 Finding G. E. 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; F. H. See comments under the Zoning Amendment Finding 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 Finding I. G. 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 Finding 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 Finding K.