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Z - Signed Findings Item 2. F47 CITY OF MERIDIAN V IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional use Permit for an Education Institution on 5.95-Acres of Land in the C-C Zoning District that Proposes Direct Access via a Collector Street and where there is not a Safe, Separate Pedestrian and Bikeway Access between the Neighborhood and the School Site for Gem Prep South,Located approximately 1/8 mile East of the S.Locust Grove/E. Lake Hazel Rd. Intersection on the South Side of E.Lake Hazel Rd.,by Paradigm Design. Case No(s).H-2021-0020 For the Planning&Zoning Commission Hearing Date of: May 20, 2021 (Findings on June 3,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 20,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 20, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 20,2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 20,2021,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-2021-0020 Page 1 Item 2. 48 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 May 20,2021, 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 May 20,2021,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 11-513-6F.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. 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 May 20,2021 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2021-0020 Page 2 Item 2. 49 By action of the Planning&Zoning Commission at its regular meeting held on the 3rd day of June ,2021. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER MARIA LORCHER VOTED Rhonda McCarvel, Chairman 6-3-2021 Attest: Chris Johnson, City Clerk 6-3-2021 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 6-3-2021 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2021-0020 Page 3 Item 2. ■ EXHIBIT A C� E IDIAN�-- STAFF REPORT f D A H 0 COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/20/2021 Legend DATE: IffProject Lflcfl�iar TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner t-= t 208-884-5533 I } SUBJECT: H-2021-0020 Gem Prep South—CUP s LOCATION: Approximately 1/8 of a mile east of S. x Locust Grove Rd. on the south side of E. r ------------ Lake Hazel Rd., in the NW 1/4 of Section 15 5,Township 2N.,Range 1E. I I I I I i ; I. PROJECT DESCRIPTION Conditional use permit for an education institution on 5.95 acres of land in the C-C zoning district that proposes direct access via a collector street and where there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 5.95-acres Future Land Use Designation Mixed Use—Community(MU-C) Existing Land Use Vacant/undeveloped agricultural land Proposed Land Use(s) Public education institution(K-12 charter school) Current Zoning Jill" Community Business District(C-C) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 1/21/21; 1 attendee other than the Applicant attendees: History(previous approvals) H-2020-0066(Apex MDA Inst.#2020-178120),RZ);H- 2020-0057(PP—Apex Southeast);FP-2020-0013 (Apex Southeast No. 1) Page 1 Item 2. ■ EXHIBIT A A. Project Area Maps Future Land Use Map Aerial Map Legend w „ 0 feegend Project Lflcfli�on id fic3l I Projent Lflca�ior, d-H 9 F bens. d Rgsid�ntial MU ,C Meal iu R�sider�tial Zoning Map Planned Development Map Legend T „ 0Legend 0 Prc*eoi Laofliion R- R- Project Lccflfion - CityLip,-oh R- R-8 — Planned Pumels R-8 R-15 R-1- 9 �� R715 R n � � i RUT -C RUT ' RUT .8 -- ti R-4 R' _M1 mm R-8 i -- i r R T r R- RU T lR h III. APPLICANT INFORMATION A. Applicant: Elias Felix,Paradigm Design—4250 N. Drinkwater Blvd., Ste. 120, Scottsdale,AZ 85251 B. Owner: Robert Phillips,Gem Innovation Schools 2750 E. Gala St., Meridian, ID 83642 Page 2 Item 2. F52] EXHIBIT A C. Representative: Same as Applicant IV. NOTICING Planning&Zoning Posting Date Newspaper Notification 4/30/2021 Radius notification mailed to 4/27/2021 properties within 300 feet Site Posting Date 5/6/2021 Next Door posting 4/27/2021 V. STAFF ANALYSIS The proposed conditional use permit is required for an education institution on 5.95-acres of land in the C-C zoning district,per UDC Table 11-213-3; and because the site takes access from a collector street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site,per UDC 11-4-3-14E.4. This land is designated on the Future Land Use Map(FLUM) in the Comprehensive Plan as part of a larger Mixed Use—Community(MU-C) designated area. The proposed school will provide a community-serving public use in this neighborhood as desired in mixed use developments. A kindergarten through twelfth grade college preparatory charter school is proposed. The proposed 2- story structure will consist of a total of 45,110 square feet. Hard top and recreational play fields are proposed. The site is surrounded by public streets—an arterial street(i.e. E. Lake Hazel Rd.)along the north boundary, a collector street(i.e. S. Tower St./S.Vertex Way) along the southeast boundaries; and a local street(i.e. S. Peak Ave.) along the west boundary. The use is anticipated to generate 1,156 vehicle trips per day on weekdays when school is in session per the Applicant's narrative submitted with the application; the ACHD report states 590 vehicle trips per day are estimated based on the Traffic Impact Study(TIS). Idaho Code [SS 67-6519(3)] requires a school site checklist to be submitted,which is included in the public record for this project. Note: The existing Development Agreement allows the C-C zoned portions of this development to obtain building permits prior to subdivision of the property. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC II- 4-3-14,Education Institution. Accessory uses are allowed as stated. Elementary schools should be located within the center of neighborhoods;they're encouraged to be adjacent to public parks or open space; and at least 30%of the perimeter of the site should be open to streets or open space areas with access encouraged from local streets. Middle and high schools may take access off a designated arterial or collector street. The proposed school includes elementary as well as middle and high school grades. It is located at the north end of the Apex Southeast development adjacent to E. Lake Hazel Rd., an arterial street. Future residential uses are also planned to the north and northwest of this site. Discovery Park, a 77-acre public park,is located directly to the east. The school site is open to public streets on all sides and Page 3 Item 2. F53] EXHIBIT A access is proposed via local and collector streets;no access is proposed via the arterial street. Staff deems this to be in substantial compliance with the aforementioned standards. Access to the school site from the future residential neighborhood to the south is proposed at the intersection of E. Tower St. and S. Peak Way with striped cross-walks, signage and school zone flashing signage in accord with the school site checklist recommendations.A crossing guard will be required for students that are walking and biking to school. Staff has reviewed the other applicable specific use standards and finds the proposed use and site design to be in substantial compliance with these standards. Williams Pipeline: The Williams natural gas pipeline bisects this site and is located within a 75-foot wide easement.All development within the easement is required to comply with the Williams Developer's Handbook. Access: Access is proposed via one access from S. Peak Ave., a local street along the west boundary; one access via S.Vertex Way, a collector street along the east boundary; and one access via S. Tower St., a collector street along the south boundary of the site. Direct access via E. Lake Hazel Rd. is not proposed and is prohibited. The parent pick-up area is located on the north side of the building; the bus pick-up/drop-off is located on the south side of the building,which will prevent vehicle conflicts. Parking: A minimum of one(1) off-street parking space is required to be provided for every 400 square feet of gross floor area for education institution uses per UDC 11-4-3-14I. Based on 45,110 square feet, a minimum of 113 off-street parking spaces are required. A total of 118 spaces are proposed in excess of the minimum UDC standards. A minimum one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. A minimum of five(5)bicycle spaces are required to be provided; eight(8) spaces are proposed in excess of UDC standards. Pedestrian Walkways: A 10-foot wide multi-use pathway is proposed along the north property boundary of the site in accord with the Pathways Master Plan; a 14-foot wide public use easement is required for the pathway unless the pathway will be located within the adjacent right-of-way. The 5-foot wide sidewalks proposed adjacent to parking should either be widened two feet(2) to seven feet(7)to allow for vehicle overhang(the length of the stall may be decreased 2' in this instance) or wheel stops should be provided in the adjacent parking stalls to prevent vehicle overhang in accord with UDC 11-3C-5B. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Landscaping is depicted on the landscape plan in Section VII.B in planter islands within the parking area as required; a tree should be added at the east end of the row of parking on the north side of the building where none is proposed. Street buffer landscaping and walkways are required with the subdivision improvements for Apex Southeast Subdivision No. 1; however,if this site develops first,it will be responsible to construct and install these improvements. Landscaping is required along the multi-use pathway along E.Lake Hazel Rd.per the standards listed in UDC 11-3B-12C and should be depicted on the landscape plan. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent Page 4 Item 2. F54] EXHIBIT A properties and public streets as set forth in UDC 11-3A-12. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Chainlink fencing is depicted on the landscape plan around the play area adjacent to S.Vertex Way. Because this site is located adjacent to a collector street, Staff recommends a fencing material of higher quality such as wrought iron is provided. Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 that incorporate various colors of horizontal lap siding and metal panels in various trim colors. These elevations have not been reviewed for compliance with design standards and therefore, are not approved; final design shall be consistent with the design standards listed in the Architectural Standards Manual. The trash enclosure should be constructed with similar materials and colors to match the building. Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section VH,UDC standards and design standards. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit with the conditions included in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on June 20,2021.At the public hearing,the Commission moved to approve the subject CUP request. 1. Summary of Commission public hearing: a. In favor: Bill Hadlock, Stacey Walker b. In opposition:None C. Commenting. None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Ke, ids)of discussion by Commission: a. Traffic and access to the site during drop-off and pick-up times. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None Page 5 Item 2. F5-51EXHIBIT A VII. EXHIBITS A. Proposed Site Plan(dated: 3/29/2021) E.LME HAZEL U. ..ate •n��• ,.�.c�a .,n Illl 111 °°"�"mo � r71 � Tru .. . o ill UFm Eh 9t L..—J \� I f k —MATCH LINE-SEESHEETr-1W w�a rR MATCH LINE ME SHEET FiM-S w I _ a QS ! � � L'''\/' �� i;���'•�� l \� -mow��. +...,.,,.. ��� W I E TO'NERST.— x... ao aroma -Ew r1 � N i - ...........a `m a Ci-102S Page 6 Item 2. F56 EXHIBIT A B. Proposed Landscape Plan(dated: 3/5/2021) -----I f -- -. --- ---- BoumaU A I r®NmM1a3*l D.,9w 3N9 6rvtl Raptla,MI4B6l6 S ' � �— 616bN2b160 / � — -. SI: X umvmmru AaunoR3A.[wn r w r ` 1111,l.Il auL 1 1 11.U11111 4 L s a[E�x,do I ''I III C - ��� �••••'••" s rw-•�•• NTfINGEWEIANDSCPPE 59(fIALL,ID STNEEf -- —. - ,G/P �YIIEfIALE[6BN„ SIXII11 C£M - SCHOOL PREIJMIN— IANDSCAPEPIM' �. of ooeow��nienm ueo�rm �'^ .��,�� NO1FpR[UIJ$TRUC1VpN ==7=FST-,. '- - MERIDIAN,ID 83N42 a _ _y�eaw.rw vumn ..i i LAMNSCAPE SPECIFICATIONS: IRRIGATpN SPECIFICATIONS: BoumaU A -. .. ...-. -_nnErxxaxPeu e — - -E r�nxermmamuec�xRm aauor[Iwd r�axor_s�ne Eos ureic CIITTINGEWEIANDSCAPE 5[O]ALLVrDRJNSTNEET _i _ — --._ :.CYt'S'9f •••w...:.e - SOIIM GEM ill-r Eyyy INNOVATION SCHOOL PRELIMINARY IRRIGAIIDN& DWD6CAPE SPECS /� CECIWOI1�5 iF�%MfIING GEfAIL n 91fd1NAP[RCNNfL RANNNG"T L lJ nmmr[xmxurw �J ,vrrxwnti�nrr NOI FOR CLRYSTRVCTIpN U�� MERIDIAN.ID 83fi92 L-2] Page 7 Item 2. F57 EXHIBIT A C. Conceptual Building Elevations(dated: 2/22/21) E%EERpR FINISHES IN o--�: ro 5!i o:g n WEST a E w e j a F LU u n VM ELEVATION Az00 EJ(IEPgRFINRHES I n I o�-�.®vim-m �-�:�,:.-:: ��•., �-o,:�, - o ��®vim •-�:;.- ©m -- Ll 7 B m S} - E w L j a � Lu U ---4 u n SOHTHELEVATION '® AMI Page 8 Item 2. EXHIBIT A 58 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Future development of this site shall comply with the terms of the existing Development Agreement,preliminary plat and final plat conditions of approval [H-2020-0066(Apex RZ MDA Inst. #2020-178120);H-2020-0057 (PP—Apex Southeast);FP-2020-0013 (Apex Southeast No. 1) and the conditions contained herein. 2. The site/landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. Add a tree at the east end of the row of parking on the north side of the building in accord with UDC 11-313-8C.2d. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. Depict landscaping adjacent to the multi-use pathway along E. Lake Hazel Rd. per the standards listed in UDC 11-313-12C. d. The 5-foot wide sidewalks proposed adjacent to parking shall either be widened two feet (2')to seven feet(7')to allow for vehicle overhang(the length of the stall may be decreased 2' in this instance) or wheel stops should be provided in the adjacent parking stalls to prevent vehicle overhang in accord with UDC 11-3C-513. e. Change the fencing type around the play area adjacent to S.Vertex Way from chainlink to wrought iron. £ Depict all cross-walks to the school site as included in the school site checklist. 3. Direct access via E. Lake Hazel Rd. is prohibited. 4. Compliance with the standards listed in UDC 11-4-3-14 Education Institution is required. 5. Parking for the overall site shall be provided in accord with the standards listed in UDC 11-4- 3-141 for education institutions. 6. All development within the easement is required to comply with the Williams Developer's Handbook. 7. If this site develops prior to construction and installation of the street buffer improvements associated with Apex Southeast Subdivision No. 1, these improvements are required to be installed with this development. 8. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 9. The conditional use permit is valid for a maximum period of two (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, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-513-6F. Page 9 Item 2. EXHIBIT A 59 B. PUBLIC WORKS 1. The proposed water main extension from S Peak Avenue must be an 8" main. Connect the fire line,water meter service line, and fire hydrant from the 8" main extension. 2. Any changes to public water or sewer infrastructure must be reviewed and approved by Public Works. 3. Water and sewer must be provided to and through this project to adjacent properties per City Design Standards. 4. A streetlight plan is required to be submitted with the building permit application. Streetlights shall be installed and operational prior to occupancy. C. POLICE DEPARTMENT Best practice safety suggestions: - Electronic(AudioNideo)entry into main entrance at the main exterior door and/or the entry door just inside the vestibule. - Removal of sliding window at secretary's office in vestibule to reduce the easy of accessibility into the secure area of the school. - Built in blind in classroom door windows. - Recommend 3M ballistic and shatterproof laminate for main entry door and other exterior entry points. - Proper numbering per IOSSS recommendations in exterior windows of each classroom. - Classroom numbers projecting double-sided wall signage above classroom doors(examples attached). - Hanging signage in hallways T-intersections etc. providing information and ease of movement by first responders throughout interior of the school. D. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=227459&dbid=0&repo=MeridianC ity E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=229210&dbid=0&repo=MeridianC Lty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.oLvlWebLinkIDocView.aspx?id=228019&dbid=0&repo=MeridianC Lty G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) hyps://weblink.meridianciU.oLy WeUink/Doc View.aspx?id=228002&dbid=0&repo=MeridianC hty Page 10 Item 2. F60 EXHIBIT A IX. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. 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. Stafffinds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the C-C zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Staff ,finds the proposed K-12 education institution will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VIII of this report. 3. 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. Stafffinds the design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Staff ,finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section VIII of this report. 5. 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. Stafffinds the proposed use will be served by essential public facilities and services as required. 6. 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. Staff ,finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. 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. Staff ,finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: Page 11 Item 2. F61 EXHIBIT A a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. 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. This finding is not applicable. Page 12