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Meridian Meats CUP H-2017-0052 FFCLCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0052 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit to Expand an Existing Non-conforming Use (Food Products Processing) for the Purpose of Constructing a 673 Square foot Addition, Located at 119 E. Bower Street in the Old Town Zoning District, by Meridian Meat and Sausage Inc. Case No(s). H-2017-0052 For the Planning & Zoning Commission Hearing Date of: June 1, 2017 (Findings on June 22, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 1, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 1, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 1, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0052 Page 2 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of June 1, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of June 1, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of June 1, 2017 By acti of the Planning & Zoning Commission at its regular meeting held on the U� � day of 2017. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER STEVEN YEARSLEY COMMISSIONER GREGORY WILSON COMMISSIONER TREG BERNT COMMISSIONER WILLIAM CASSINELLI COMMISSIONER JESSICA PERREAULT VOTED � / VOTED VOTED _VA VOTED Cl b -01t l lil VOTED V�k VOTED ab VOTED tiL-- onda McCarvel, Chairman Attest: _ �$GO�QO"TGD ALCGs� J �y City of C.Jay Coles, City Clerk �DAHO SEAL A. ylfQo'�6� tAEASUFEy�~�w Copy served upon the Applicant, the Planning and De iv ent Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: Dated: 0) I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0052 Page 3 EXHIBIT A Meridian Meats – H-2017-0052 1 STAFF REPORT Hearing Date: June 1, 2017 TO: Planning & Zoning Commission FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Meridian Meats – CUP H-2017-0052 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Meridian Meat and Sausage Inc., has applied for a conditional use permit (CUP) to expand an existing non-conforming use (Food Products Processing) to construct a 673 square foot addition in the O-T zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on June 1, 2017. At the public hearing, the Commission voted to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Kent Brown ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Installing fencing and landscaping on the east boundary. c. Key Commission Changes to Staff Recommendation: i. Commission modified condition 1.1c as follows: 1. Struck the requirement to install the 5-foot wide landscape buffer on the east boundary; and 2. If fencing is not desired by the property owner of parcel #R1039000380 the applicant is not responsible for the installation of the fence along this portion of the site; written documentation shall be submitted with the certificate of zoning compliance application. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0052 as presented in the staff report for the hearing date of June 1, 2017, with the following modifications: (Add any proposed modifications.) EXHIBIT A Meridian Meats – H-2017-0052 2 Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0052 as presented during the hearing on June 1, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0052 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 119 E. Bower Street, in the SW¼ of Section 7, Township 3N., Range 1E. (Parcel: R1039000405 and R1039000390) B. Applicant/Owner: Meridian Meat and Sausage Inc. 119 E. Bower Street Meridian, ID 83642 C. Representative: Kent Brown 3161 E. Springwood Drive Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 28, 2017 C. Radius notices mailed to properties within 300 feet on: April 21, 2017 D. Applicant posted notice on site by: May 21, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: The property is partially developed with a 9,361 square foot commercial building, zoned O-T. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is primarily surrounded by existing single family residences; north is a vacant property and under-developed industrial property. All properties surrounded the proposed project are zoned Old Town (O-T). C. History of Previous Actions: This property is platted as Lots 3-8, Block 5, Bowers Addition to Meridian. D. Utilities: 1. Public Works: a. Location of sewer: Existing structure is connected to City sewer. b. Location of water: Existing structure is connected to City water. EXHIBIT A Meridian Meats – H-2017-0052 3 c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property currently does not lie within the floodplain or floodway however the Meridian Development Corporation is in the process of re-evaluating the flood plain in Downtown and there is a possibly the subject property may be located within the flood plain. The property owner should contact the City’s Flood Plain Administer regarding the future flood plain boundaries. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM). Per the Comprehensive Plan, “This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more information on Destination Downtown.” The current use of the property for food products processing is not listed as a desired land use in the Old Town area however; the use predates the UDC and therefore is deemed a non-conforming use. To expand the use as requested by the applicant requires the procurement of a conditional use permit. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing and expansion of the use (staff analysis in italics): • “Implement design criteria to set quality standards City-wide.” (2.01.02B) The proposed 673 square foot addition must comply with the design standards set forth in the ASM. • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) Currently, the site lacks any landscaping and a portion of the site is improved with the required parking. Staff is of the opinion that the applicant should install the number of parking stalls based on the existing and proposed addition (10 in total). The parking lot landscaping should comply with the parking lot landscape standards set forth in UDC 11-3B- 8C. Further, staff recommends the applicant construct a 6-foot tall solid fence and install a 5- foot wide landscape buffer in accord with UDC 11-3B-8C along the eastern boundary to mitigate any impacts to the surrounding residential uses. • “Promote area beautification and community identity through building and site design, signs, and landscaping.” (2.01.04G) As noted above staff is recommending that the applicant install the landscaping and the EXHIBIT A Meridian Meats – H-2017-0052 4 parking in accord with current UDC standards. Staff is of the opinion that this would improve the aesthetics of the development consistent with this policy. • “Pursue sidewalk construction for existing substandard streets.” (3.03.02D) Currently, this segment of Bower Street lacks the required 5-foot wide sidewalk. The sidewalk is desired at this time however without addressing design of the entire street section it may be difficult for the applicant to meet the requirements of ACHD. A larger effort is needed in the future to ensure the entire street improvements can be constructed all at once. At a minimum, the applicant should preserve the necessary right-of-way to ensure when Bower Street is re- built, it can meet the street segment depicted in the Downtown Streetscape Manual. In the interim, the applicant should stripe a 5-foot wide pedestrian walkway from the new parking lot proposed by staff to the front entrance of the building. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The subject property is surrounded by residential uses on the west, east and south boundary. On the south boundary the residence are farther away from the commercial activity and separated by an existing alley. On the west and east boundary traffic from the existing use is more likely to impact these residents. The building addition is to occur on the northwest corner of the building. The refrigeration unit will be enclosed by the addition. Currently, the trash enclosure is also located on this portion of the property. Staff recommends that the applicant construct a trash enclosure at the rear of the property in accord with Republic Services standards. On the east boundary, staff is recommending fencing and landscaping as noted above. For the above-stated reason, staff is of the opinion that the expansion of the existing non-conforming use is generally consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2D-1, the purpose of the O-T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the permitted, accessory, conditional, and prohibited uses in the O-T zoning district. The existing use operating on this property is a prohibited use in the Old Town zone. However, the existing use was lawfully established prior to the adoption of the UDC therefore; the use is allowed to continue. Any expansion requires the approval of a conditional use permit. C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O-T zoning district applies to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site (if applicable). E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B. EXHIBIT A Meridian Meats – H-2017-0052 5 F. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The applicant requests a conditional use permit to expanding the existing non-conforming use with a 673 square foot addition. The existing structure consists of approximately 9,361 square feet. The expansion is desired by the applicant that that he can replace his existing refrigeration units. The new addition will be located in the NWC of the site. Because the use was lawfully established prior to the adoption of the UDC, the current use of the property is defined as a non-conforming use. Further, the use is now a prohibited use on the Old Town District. To expand a non-conforming use requires a procurement of conditional use permit in accord with UDC 11-1B-4. Not only is the use non-conforming but due to the lack of public parking and the fact that the site lacks landscaping this is also defined as non-conforming in Chapter 1. As noted above the subject property consists of two (2) parcels, the western parcel is all paved. The eastern property is currently a gravel lot. As noted in the Comprehensive Plan section above, staff is recommending several modifications to the property as follows: 1. The proposed 673 square foot building addition is required to comply with the design standards set forth in the Architectural Standards Manual (ASM); 2. The applicant should construct ten (10) parking stalls and comply with the parking lot landscape standards set forth in UDC 11-3B-8C on the eastern portion of the property. 3a.The applicant should construct a 6-foot tall solid fence and install a 5-foot wide landscape buffer in accord with UDC 11-3B-8C along the eastern boundary to mitigate any impacts to the surrounding residential uses. b. The applicant shall construct a 6-foot tall solid fence along the west boundary. 4. The 5-foot wide detached sidewalk is desired at this time along Bower Street however without addressing design of the entire street section it may be difficult for the applicant to meet the requirements of ACHD and the City. A larger effort is needed in the future to ensure the entire street improvements can be constructed all at once. At a minimum, the applicant should preserve the necessary Bower Street right-of-way and stripe a 5-foot wide pedestrian walkway from the new parking lot proposed by staff (#2 above) to the front entrance of the building. 5. The applicant shall construct a trash enclosure at the rear of the property in accord with Republic Services design standards. 6. Provide a bike rack near the entrance of the building in accord with UDC 11-3C-5C and 11-3C-6G. NOTE: Although the proposed development is adjacent to single family residences, these properties are all zoned O-T. As noted above the Old Town FLUM designation encourages the conversion of these residents to more intense land uses (e.g. commercial or high density residential). Further, the O-T zone does not require a land use buffer between incompatible land uses. The Commission should determine if the existing use and the proposed expansion warrants the proposed changes to the site as recommended by staff. Staff has not received any public testimony on this project. EXHIBIT A Meridian Meats – H-2017-0052 6 Certificate of Zoning Compliance and Administrative Design Review (CZC and DES): The applicant is required to submit a CZC and DES application for approval of the proposed expansion and site improvements noted above from the Planning Division prior to submittal of a building permit application. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan B. Conditions of Approval 1. Planning Division 2. Public Works 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Meridian Meats – H-2017-0052 7 Exhibit A.1: Vicinity Map EXHIBIT A Meridian Meats – H-2017-0052 8 Exhibit A.2: Site Plan Location of proposed addition. EXHIBIT A Meridian Meats – H-2017-0052 9 B. Conditions of Approval 1. PLANNING DIVISION 1.1 The site plan included in Exhibit A, shall be revised as follows: a. The proposed 673 square foot building addition shall comply with the design standards set forth in the Architectural Standards Manual (ASM); b. The applicant shall construct ten (10) parking stalls and comply with the parking lot landscape standards set forth in UDC 11-3B-8C on the eastern portion of the property. c. 1. The applicant shall construct a 6-foot tall solid fence and install a 5-foot wide landscape buffer in accord with UDC 11-3B-8C along the eastern boundary to mitigate any impacts to the surrounding residential uses. If fencing is not desired by the property owner of parcel #R1039000380 the applicant is not responsible for the installation of the fence along this portion of the site; written documentation shall be submitted with the certificate of zoning compliance application. 2. The applicant shall construct a 6-foot tall solid fence along the west boundary. d. The 5-foot wide detached sidewalk is desired at this time along Bower Street however without addressing design of the entire street section it may be difficult for the applicant to meet the requirements of ACHD and the City. A larger effort is needed in the future to ensure the entire street improvements can be constructed all at once. At a minimum, the applicant shall preserve the necessary Bower Street right-of-way and stripe a 5-foot wide pedestrian walkway from the new parking lot proposed by staff (b. above) to the front entrance of the building. e. The applicant shall construct a trash enclosure at the rear of the property in accord with Republic Services design standards. f. Provide a bike rack near the entrance of the building in accord with UDC 11-3C-5C and 11-3C-6G. 1.2 The conditional use permit shall be valid for a maximum period of 2 years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval. Upon written request and filing by the applicant prior to the termination of the period, a time extension may be requested as set forth in UDC 11-5B-6. 1.3 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.4 The applicant shall submit a CZC and DES application for approval of the proposed expansion and site improvements noted above from the Planning Division prior to submittal of a building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 This property currently does not lie within the floodplain or floodway however, the Meridian Development Corporation is in the process of re-evaluating the flood plain in Downtown and there is a possibly the subject property may be located within the flood plain. The property owner should contact the City’s Flood Plain Administer regarding the future flood plain boundaries. EXHIBIT A Meridian Meats – H-2017-0052 10 3. FIRE DEPARTMENT 3.1 Trash enclosure must be 5 feet from the building. 4. POLICE DEPARTMENT 4.1 The Police Department had no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD has no site specific conditions of approval for this application at this time. EXHIBIT A Meridian Meats – H-2017-0052 11 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the expansion; recommended site improvements; dimensional and development regulations of the O-T district (see Analysis, Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is generally consistent with the Comprehensive Plan future land use map designation of Old Town and the UDC, if the applicant complies with the conditions in Exhibit B. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the continued operation of the non-conforming use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the existing non-conforming use and expansion will not adversely affect other property in the area. The Commission reviewed all public testimony provided to determine if the development will adversely affect the other property in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Republic Services and ACHD in Exhibit B. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. EXHIBIT A Meridian Meats – H-2017-0052 12 f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds that if the applicant complies with the conditions outlined in this report, the existing non-conforming use and expansion should not be detrimental to the general welfare of the public. Staff does not anticipate the existing non-conforming use will create excessive noise, smoke, fumes, glare, or odors. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the existing non-conforming use and expansion. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. i. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and The Commission finds the business has existed in its current location from quite some time. The proposed addition represents a 7% expansion. The Commission finds the expansion will not set a precedent for the area. j. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. The Commission finds that if the applicant complies with the conditions outlined in this report, the existing non-conforming use and expansion will be developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties.