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HomeMy WebLinkAboutWaltman Court Subdivision PP-04-036 CUP-04-044 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Five (5) Buildable Lots on 7.16 Acres in a C- G Zone, AND Conditional Use Permit Approval for a Storage Yard on 1.6 Acres in a CoG Zone, by Buffalo Hump, LLC. Case Nos. PP-04-036, CUP-04-044 For the City Council Hearing Date of: November 30, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the November 30, 2004, 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. c. 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. 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 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-O4-036 AND CUP-O4-044 - PAGE I of 5 verified that the property owner(s) of record at the time of issuance of these findings are John and Sandra Goade. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Preliminary Plat application. b. See Exhibit G for the findings required for the Conditional Use Permit application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II 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 revised Preliminary Plat dated November 15, 2004 as shown in Exhibit B, the revised Site Plan dated November 15, 2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D and E. 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 CASE NOS. PP-O4-036 AND CUP-O4-044 - PAGE 2 of 5 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 15,2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 15, 2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a) Add a preliminary plat condition requiring the applicant to work with the property owner to the west on a gating arrangement that will minimize the public use of the footbridge while allowing the property owner access to the public pathway, b) Delete preliminary plat condition #6, c) Modify preliminary plat condition #3 by requiring the applicant to dedicate the full pathway easement width along the entire project boundary; and, 4. The site specific and standard conditions of approval are as shown in Exhibits D and E. D. Notice of Applicable Time Limits I. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4.B & C). 2. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-Q4-044 - PAGE 3 of 5 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 11-17-4.8.). 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 regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Legal Description Preliminary Plat Site Plan Preliminary Plat Conditions of Approval (all agencies) Conditional Use Permit Conditions of Approval (all agencies) Preliminary Plat Findings Conditional Use Permit Findings e City Council at its regular meeting held on the ,2004, 14-fÁ-- day of COUNCIL MEMBER SHAUN WARDLE VOTED /If;Jkl~ VOTEDþ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-O4-036 AND CUP-O4-044 - PAGE 4 of 5 COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By: ~()~~ ~À I l~ Y Clerk's Office Dated: \2-28-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-036 AND CUP-Q4-044 - PAGE 5 of 5 EXHIBIT A Legal Description v -" Boundary DescriptIon for Waltman Court SubdIvision A parcel located in the &w 14 of the NE 14 of Section 13, Township 3 North, Range 1 West, Boise MeIidÌ/U1, Ada County, Idaho, mOle particularly described as follows; Commencing at a 518 inch dlametar iron pin marking the southwesterly corner of said SW 14 of the NE 14 (Center Yo. Comer), from which a brass çap monument marking the southeasterly comer of the NE ~ of said Section 13 (~ Comer) bears S 89"52'22" E a dis1anos of 2642.81 feet; TI1enos S 89"52'22" E along the soulherfy boundary of said SW ~ of the NE ,,", a distance of 1321.57 feel 10 a poinl marking the southeasterly comer of said SW ~ oflhe NE~; Thanos N 0"13'29" E along the _rly boundary of said &w "" of the NE "" a distance of 25.00 feet to the POINT OF BEGINNING; Thence leaving said easterly boundary N 89"52'22" W a dis1anos of 117.24 lesl to a point on the easterly bank ofTen Mile Drain; Thanos N 30"08'45" W along said easterly bank a distance of 336.83 feet to a point; Thenos cøntinuing along said _rly bank N 62"02'20" W a distanos of 459.36 leel to apoinl; Thanos leaving said eas1arly bank N 38"00'13" E a distance of 73.93 leet to a poinl; Thanos a distanos of 296.e1 feel along the arc of a 330.00 fool radius curve riehl, said curve having a osnlra! angle of 51"33'05" and a long chord bearing N 63"46'46" E a distance of,287.00 feet 10 a point; Thence N 89"33'18" E a distanoa of 37.15 feel to a point; Thence N 44"51 'Q4" E a distance 0125.25 feet 10 a pom; Thance N 0"08'51" E a dls1an<:e of 58.83 feallo a point on the southerly boundary of TR)utner Park Subdivision as shown in 8ook 75 of Plats at Pages 7762.7764 in the offloa of tha Racortler, Ada County, Idaho; Thence N 79"55'00" E along said souIherfy boundary & dlstanoa of 342.58 feat to a polnl on the easterly boundary of said SW 14 of th& NE Yo; .,.., Thenoe S 0.13'29" W along said eas1eriy boundary a distance of 826.98 feet to the POINT OF BEG1NNING: This parcel contains 7.16 acres and is subject to any easemants existing or in use. Cilnton W. HanSen, PLS Land SoIuIlons. P.C. September 14, 2004 Hi ~-~ . c-. :-::-;;-'~ . .,. EXHIBIT B Preliminary Plat Waltman Court Subdivision (File PP-04-036) ~~",""" \-~ .1 i';,.... ~ I ~ ~ f ._~- i ===-- L~- ;:::=-".-",."",- .. .------ :!.~~¡: . ~Y~;';: :T:¡~':'--=- :~~I-~ .~~ :!!f~~~~ ~ ;::;;':;:'_. ¡:.¡¡.: §t::: ~~,. ,ii, ,'.1 ~ Ð j I !IiI !1M , , H ii F ~ III! I !/I. ilF ':; I Ii ',' J¡¡ìi ¡ ~ ~ .1'1' if iji~'!¡ ¡ ','dl 'J! I: I I ¡ II ¡ i ¡ EXHIBIT C Site Plan Waltman Court CUP (File CUP-04-044) I'} \ \\ I ~ \, ~\ \ ~,.--...",.,.-- -;~"" ~1~lIiill II! ' II "1 ¡i I. : !!j! Ii il!lliill ~ ,- Í! I, ;,1,1, ~ ~ - : . I' .,J! : I Iii' I ~~-'~~~:-'--- lid , I! -,,~.~_.~- , I.ij ¡, - . "'---... II I i Ii :!. .. II i: ¡¡¡ Î,""'r¡,lcP'\\ I '¡!.. ,I "' f. D",: ""'.' ,.. ",....{ I ' "'" Iii ! ~-"".,~ ¡ \ r ~-"'""" ~11~Hllri:~'lih\J, :Ir lìl"'~"!,~"ïI!'\IIII'U¡ II, I I I. I 'i I I ,'I \, ':-;~;,~,,;," ì'i'~ I " ",."- .,.... I' ,~,:::~~ i¡i I' 111 ~~- ,...= D '" ~,"', , '~",-""-,', """.,',,',.',-, ,',jlWI TRACKUTILITlES,INC I Š';:". ~ ~;..-~ ~=.:t:.:~"-:'::-: f,,¡ Mend,an,ldeho -.-- ~ ~ é. EXHffiIT'D Preliminary Plat Conditions of Approval Waltman Court Subdivision (File PP-04-036) The City Council of the City of Meridian hereby approves the Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: [City Council approved additions shown as underline. Deletions shown as ~.] Preliminary Plat Site Soecific Conditions of Aooroval (as modified by the City Council) 1. All conditions of the accompanying Conditional Use Permit (CUP-04-O44) application shall also be considered conditions of the Preliminary Plat (PP-04- 036). 2. The multi-use pathway along the Ten Mile Creek is approved as a lO-foot wide asphalt pathway. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID). The applicant shall conform to the Parks Department's standards for construction of the pathway. The Business Owners' Association shall be responsible for maintenance of all landscaping adjacent to the pathway. 3. Add a note to the plat granting an easement in favor of the City of Meridian on the lots that contain the Ten Mile Creek multi-use pathway, including Lot 5. Block 2. Submit an encroachment agreement for any area of the pathway constructed outside of the boundaries of the plat. 4. Prior to signature of the final plat by the City Engineer, the barn on Lots 2 and 3, Block 2, and all other structures spanning across lot lines shall be removed. 5. Applicant shall be required to connect the existing building on Lot 5, Block 2 to the municipal sewer system when it becomes available. Until such time as municipal sewer is available, the existing septic system may be utilized. Wells may be used for non-domestic purposes such as landscape irrigation The sliBmi~ed hmdseaJ3e plan, prepared BY EFÍelmeR Ci','il, IRe., and dated 9 5 01 is Ret appfe'fed as s$mittecl. The following should Be Ïßelacleà iR a revised laaclseaj'le plan: 10. . Pre'fide a I 9 feet ':¡icle laaclseR]38 Buffer aleft!; CeF]3eFate Drive and S'N ~tft f. v-e, as ]3Fe]3esee, CeBifer treeG are Bet alle'Nee 7:ithiB the reEfaired Buffer area. Laaeseapmg shall Be iB aeeereaaee with 1fCC 12 13 10. e .\BY tree ever 4" iH ealiper that is remevee ffeHi. the pFÐpeFty shall be replaeee BY iBstailift!; atieitieBai trees, Being the IJljHi','aleat HUFHeer ef ealiper mehes ef kees that v¡ere rl!ffie'ied. Reljl:åred lanclGeElfJift!; trees ':¡.jll net Be eeBsieeree as ré!FJlaeeHl.eat trees fer these trees !hat are FeHl.evecl. e Pre'¡ide a HlÏBiffiUftl 5 feet 7iiee laaèseape strip, with eHe tree fer every 35 liBelJf feet, aleag the BeRil side ef the Tea Mile Creek !flalti ase ~ SHhmit 10 eopies of a l'e-.<ised IaBElseøpe pia&, depietiøg Üle ahove meBtiOBlJd mlHlges, to Üle Ci~ Clel'l¡ at least 10 days pl'ÍOF to Üle Bed pHillie heariBg. 7. Fencing constructed adjacent to the multi-use pathway should be a minimum of 5- feet from the edge of pavement. The applicant shall work with staff on a detailed fencing plan to be submitted upon application for final plat. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 12-4-10. 8. The applicant shall not be required to tile or cover the Ten Mile Creek. In accordance with Meridian City Code, all other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site shall be covered or tiled. Any ditch, canal or lateral to be piped shall be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Ifthe pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Dedicate a full right-of-way width for Corporate Drive throughout the site and to the southwestern property line (stub) so that a bridge crossing can be made in the future. 17, 18. 19. 20. II. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. 12. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Corporate Drive is prohibited. 13. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 14, Coordinate fire hydrant placement with the City of Meridian Public Works Department. IS. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. All sidewalks shall be constructed in accordance with MCC 12-5-2,K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. Unless otherwise approved through the CUP, minimum building setback lines shall be in accordance with the zoning ordinance in effect at the time of issuance of building permit(s). 21. 22. 23. 24. 25. 26. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc" prior to signature of the final plat. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Plat approval shall be subject to the expiration provisions set forth in MCC. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. The applicant shall work with the propertv owner to the west on a gating arrangement that will minimize the public use of the footbridge across the Ten Mile Drain while allowing the propertv owner to the west access to the public pathwav. OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS I. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 Y," outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant rnarkers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. 3. 4. a. b. c. d. e. f. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 14. 15. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 8, Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. 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. 10. The 5 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Provide a Knoxbox entry system for the complex. 12. All processes & storage practices shall be required to comply with the Intemational Fire Code. 13. Provide a 20' wide Fire Lane for all internal & external roadways. Any chemical storage on the site will require compliance with IFC and MCC 11- 12-3.A. This includes agricultural fertilizers and chemicals. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC ll-I2-3.C, and the National Safety Foundation publications. 5. 6. SANITARY SERVICE COMPANY 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the location and design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs, 3-2 and 3-3, sections B & c. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. ACHD CONDITIONS OF APPROVAL A. Site Specific Conditions of Approval 1. Extend SW 5th A venue into the site from the north property line and construct it as a 40-foot street section, within 54-feet of right-of-way, with vertical curb, gutter, and 5-foot concrete sidewalks, as proposed. 2. Widen the pavement on Waltman Lane to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk abutting the site. 3. Construct Corporate Drive within the site to collector standards for base and pavement depth. The width of the road shall be 40-feet (back-of-curb to back-of- curb). Construct vertical curb, gutter, and 7-foot wide concrete sidewalks, as proposed. Install a sign at the eastern AND western terminus of Corporate Drive stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 4. Provide a temporary easement for fire truck and public turnaround at the eastern end of Corporate Drive, as proposed. Provide the District with a written approval for the turnaround easement from the local fire district. Construct a temporary public turnaround at the western terminus of Corporate Drive, as proposed. Coordinate the design of the turnaround with District Development Review Staff and the local Fire District. Provide the District with a road trust deposit in the amount of$12,700 for the full street improvements (Pavement, vertical curb, gutter, and 7-foot concrete sidewalks, 10% for drainage, and 10% for contingencies) for Corporate Drive (approximately 120-feet) where those improvements at the western terminus of Corporate Drive are proposed to NOT be constructed at this time. 6. 7. 7. Construct a 30 to 35-foot wide curb return driveway for Lot I, Block I, on the north side of Corporate Drive. This driveway shall be located a minimum of 105- feet (measured near edge to near edge) east ofSW 5th Avenue and shall be in alignment with the proposed driveway on the south side of Corporate Drive. 8. Construct a curb return driveway, no wider than 35-feet, for Lots 2 and 3, Block 2 on the south side of Corporate Drive. This driveway shall be located a minimum of lOS-feet (measured near edge to near edge) east of SW 5th A venue, and it shall be in alignment with the proposed driveway on the north side of Corporate Drive. (This driveway was proposed to be a shared driveway.) 9. Construct a 30 to 35-foot wide curb return driveway for Lot I, Block 2 approximately 170-feet west of SW 5th Avenue. 10. Comply with all Standard Conditions of Approval. B. 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 of Idaho shall prepare and certify all improvement plans. 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. 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. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. IRRIGATION DISTRICT CONDITIONS I. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. 3. 4. 5. 6. All laterals and waste ways must be protected. The District's Ten-Mile Drain courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site, If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. CENTRAL DISTRICT HEALTH DEPARTMENT 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-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 7. EXHIBIT E Conditional Use Permit Conditions of Approval Waltman Court CUP (File CUP-04-044) Conditional Use Permit Site Specific Conditions of Approval (as approved by the City Council) 1. All conditions of the accompanying Preliminary Plat (PP-04-036) application shall also be considered conditions of the Conditional Use Permit (CUP-04-044) application. 2. Provide all required building setbacks, open spaces, landscaping, parking and other features required by Meridian City Ordinance and as outlined in this report. At least 10 days prior to the City Council hearing, submit 10 copies of a revised site plan and landscape plan reflecting the features required with this report. 3. In accordance with MCC 11-13-3.E, construct a screening fence around all area(s) utilized for storage of equipment. 4. Construct a 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. Landscape materials within the landscape strips shall conform to MCC 12-13-11-2. 5, In accordance with MCC 11-13-6.C, the applicant shall improve the material storage area on the south side of the proposed building with a dustless material. Staff recommends that recycled asphalt be used, as it does not create drainage problems but does an excellent job of keeping dust down. 6. Off-street parking is approved as shown on the submitted site plan. In accordance with MCC 11-13-5, all standard parking stalls must be constructed 9 feet by 19 feet minimum and drive aisles must be at least 25-feet wide. All vehicular use areas shall be improved in accordance with Meridian City Code and this report. Project architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC ll-12-I.C. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant shall submit an approved (stamped) site plan from SSC. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. 15. 16. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 9. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 11. In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized irrigation system shall be installed to all landscape areas. 12, A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord; 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. This conditional use permit shall be valid for a maximum period of 18 months, If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 7. 8. 17. Applicant shall file an application with the City of Meridian to amend the existing development agreement prior to approval of this CUP by City Council. ACHD CONDITIONS OF APPROVAL A. Site Specific Conditions of Approval 1. Extend SW 5th A venue into the site from the north property line and construct it as a 40-foot street section, within 54-feet of right-of-way, with vertical curb, gutter, and 5-foot concrete sidewalks, as proposed. 2. Widen the pavement on Waltman Lane to one-half of a 40- foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk abutting the site. 3. Construct Corporate Drive within the site to collector standards for base and pavement depth. The width of the road shall be 40-feet (back-of-curb to back-of- curb). Construct vertical curb, gutter, and 7-foot wide concrete sidewalks, as proposed. Install a sign at the eastern AND western terminus of Corporate Drive stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 4. Provide a temporary easement for fire truck and public turnaround at the eastern end of Corporate Drive, as proposed. Provide the District with a written approval for the turnaround easement from the local fire district. 5. Construct a temporary public turnaround at the western terminus of Corporate Drive, as proposed. Coordinate the design of the turnaround with District Development Review Staff and the local Fire District. 6. Provide the District with a road trust deposit in the amount of $12, 700 for the full street improvements (Pavement, vertical curb, gutter, and 7-foot concrete sidewalks, 10% for drainage, and 10% for contingencies) for Corporate Drive (approximately 120-feet) where those improvements at the western terminus of Corporate Drive are proposed to NOT be constructed at this time. Construct a 30 to 35-foot wide curb return driveway for Lot I, Block I, on the north side of Corporate Drive. This driveway shall be located a minimum of 105- feet (measured near edge to near edge) east ofSW 5th Avenue and shall be in alignment with the proposed driveway on the south side of Corporate Drive. Construct a curb return driveway, no wider than 35-feet, for Lots 2 and 3, Block 2 on the south side of Corporate Drive. This driveway shall be located a minimum of lOS-feet (measured near edge to near edge) east ofSW 5th Avenue, and it shall be in alignment with the proposed driveway on the north side of Corporate Drive. (This driveway was proposed to be a shared driveway.) 7. 8. 9. 9, Construct a 30 to 35-foot wide curb return driveway for Lot I, Block 2 approximately 170-feet west of SW 5th Avenue, 10. Comply with all Standard Conditions of Approval. B. 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 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. 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. 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. 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. 4. 5. 6. 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 £rom the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. IRRIGATION DISTRICT CONDITIONS I. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting, Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Ten-Mile Drain courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. CENTRAL DISTRICT HEALTH DEPARTMENT I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. 3. 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. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5. The engineers and architects involved with the design of the subject project shaH obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHmIT F Preliminary Plat Findings Waltman Court Subdivision (File PP-04-044) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following; A. The conformance of the subdivision with the Comprehensive Development Plan; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. The applicant shall extend sanitary sewer and water mains to and through the subject site. . "Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development." (Chapter V, Goal I, Objective A) This parcel is underdeveloped and is considered irifìll development. . "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Objective A, Action item 11) See following bullet. . "Develop and maintain greenbelts along waterways." (Chapter V, Goal I, Objective A, Action item 4) The applicant is proposing to leave the Ten Mile Creek open abutting this site. In accordance with the Comprehensive Plan, the applicant is proposing to construct a Multi-Use Pathway along the Ten Mile Creek, thereby enhancing the natural features and the development. (See detailed analysis in Special Consideration "A" below.) . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is proposing to install landscaping along Corporate Drive and SW 5th Avenue, as well as adjacent to the proposed parking area. Staff is recommending additional landscaping as part of the concurrent CUP application. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is scife, accessible and convenient. The applicant is proposing to construct 7'¡00t wide sidewalk for the entire frontage of Corporate Drive, and a 5'¡00t wide sidewalk adjacent to SW 5th Avenue. The ACHD is requiring the applicant to construct a 40'¡00t street section on both Corporate Drive and SW 5th Avenue. Staff is supportive of the proposed sidewalks and street sections, as they will accommodate pedestrians and bicycles both. StajJfinds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; Improvements to Waltman Lane and Corporate Drive in this area have not taken place in the recent past, and none are anticipated within the next 20 years (neither roadway is in ACHD's current Five-Year Work Program or CIP), ACHD is requiring the applicant to install roadway improvements (pavement widening, sidewalk, curb, gutter, etc,) on Waltman Lane abutting the site. Further, the ACHD is requiring the applicant to extend SW 5th Avenue into the site and utilize SW 5th Avenue as the main access to/from this site. ACHD is also requiring Corporate Drive to be constructed on-site. ACHD is recommending, with site- specific and standards conditions, approval of the subject development. E. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. The applicant shall extend sanitary sewer and water mains to and through the subject site. On October 8, 2004, a joint agency/department COmments meeting was held with representatives of key service providers to this property. The detailed conditions from the Fire Department and other agencies/departments are at the end of this report). The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSe). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC ll-12-1.C. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for development can be serviced by essential public facilities and services. C. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, local street infrastructure, utilities and irrigation, for the development at their cost. D. The public fmancial capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. The Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regard to their capability to serve the proposed development. The other health, safety or environmental problems that may be brought to the Commission's attention. The applicant is proposing to leave the Ten Mile Creek adjacent to the site. Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. Staffis not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. EXHIBIT G Conditional Use Permit Findings Waltman Court CUP (File CUP-04-044) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; According to the Development Agreement in effect for this property, all uses must obtain CUP approval. Storage yards are not a listed use in MCC 11-13 (Off-Street Parking and Loading Facilities). For used not listed in MCC 11-13, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission (MCC 11-13-5.8.8). For reference, MCC ll-13-5.B requires warehouse and storage buildings to provide Ion-site parking space for every 1,000 square feet of floor area plus one for each vehicle used in the conduct of the business; manufacturing, storage, and wholesale uses are required to provide I space for every 2 employees on the largest shift plus one for each vehicle used in the conduct ofthe business. The submitted site plan depicts 32 on-site parking stalls for the storage yard, shop and office. The applicant is providing a ratio of I stall for every 312 square feet of building (10,000 sq, ft. building/32 stalls = I stall per every 312.5 sq. ft. bldg.). Staff finds that this parking ratio should be sufficient for the proposed use. MCC 11-13 outlines the design requirements for all off-street parking facilities (drive aisles, stalls, striping, etc.). The applicant is proposing to construct parking for the shop and office building in accordance with MCC. Staff is supportive ofthe proposed parking plan. See Performance Standards and Site Specific Condition #3 below. Staff finds that the site is large enough to accommodate the proposed uses and all yards. open spaces, parking, landscaping and other features required bv ordinance. The Commission and Council should relv on the applicant's testimony at the public hearing, staffs analvsis, and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking D. E. for the proposed use, See Site Specific Condition #6 below. B. 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 purpose of the CoG district is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7- 2.K). Staff finds that the proposed storage yard is principally permitted in the C-G zone. Even though storage yards are principally permitted in the C-G zone, the applicant must obtain CUP approval based on the DA in effect on this site, Therefore, if approved as a CUP, staff finds that the project will be in compliance with the requirements established by ordinance. Further, staff finds that the requested use will be consistent with the goals, objectives, and action items of the Comprehensive Plan if the conditions in this report are complied with. See Preliminary Plat Finding "A" above for further information. 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; Staff finds that the construction, operation, and maintenance of a storage yard will change the existing character of the general vicinity. However, if all of the conditions imposed are complied with, staff does not believe that the change will adversely affect the neighborhood. Staff finds that the proposed storage yard will not significantly change the intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the neighborhood. Staff recommends that the Commission and Council reference any written or oral testimonv provided at the public hearing. as well as staffs analYSis. when determining if the proposed use will adverselv change the character of the area. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; If the applicant complies with all conditions imposed, staff does not anticipate that the proposed use will have any adverse affect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining if the proposed use will adversely affect other property in the vicinity. 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 H. I. the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "B" of the Preliminary Plat portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services, Stafffmds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the conditional use permit and preliminary plat applications. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will create additional traffic on the adjacent roads. Further, the parking and maneuvering ofvehicJes and goods on this site may generate additional noise for surrounding properties, However, staff does not believe that the additional noise should be excessive, If the conditions imposed with this report are complied with, staff finds 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 Site Specific Condition #3 below. 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; If parking is designed in conformance with the City's requirements, and the applicant complies with all of ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 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 applicant is proposing to leave the Ten Mile Creek adjacent to the site. Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. Staff is not aware of any other natural, scenic or historical feature( s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware.