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HomeMy WebLinkAboutWyndstone Place Subdivision A-05-010 PP-05-012 CUP-05-014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 4.63 Acres from RUT (Ada County) to L-O (Limited Office District) AND Preliminary Plat Approval of Eight (8) Buildable Office Lots and Three (3) Common/Other Lots AND Conditional Use Permit Approval for a Planned Development for a Professional Office Complex with a Request for Reduced Building Setbacks and Reduced Lot Frontages for Wyndstone Place Subdivision, by Quasar Development, LLC. Case No(s): AZ-05-01O, PP-05-012, CUP-05-014 For the City Council Hearing Date of: May 17, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the May 17, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public. hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-010 / PP-O5-012 / CUP-O5-014- PAGE 1 0[5 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 verified that the property owner(s) of record at the time of issuance of these findings is B & F Enterprises. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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 City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom 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 Preliminary Plat dated February 8,2005 as shown in Exhibit B, the Site Plan dated January 27,2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-010 / PP-O5-012 / CUP-O5-014-PAGE 2 0[5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated February 8, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 27,2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction, The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. If the successive phases are riot submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.8.) 2. 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.) Notice of Final Action and Right to Regulatory Takings Analysis E. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-010 / PP-O5-012 / CUP-O5-014- PAGE 30[5 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: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the íYìO ~ .2005. \1- -th day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ VOTED---=::::=' MAYOR TAMMY de WEERD (TIE BREAKER) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER CASENO(S).AZ-O5-O1O1 PP-O5-O12 / CUP-O5-O14-PAGE4of5 Attest: epartment, Public Works Department and City Attorney. J By:'lli .À~ èity Clerk's Office Dated: 5-.;15-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-0IO / PP-O5-012 / CUP-O5-0I4- PAGE 5 of 5 r- I EXHIBIT B Wyndstone Place Subdivision PP-O5-012 ~ppro~d Preliminary Plat, \. 11',,111 \ -...- .. --~ ',in""".¡l:f ...1 1,\' .il,.'II................iß..i.:.:.'.J ~~-.!t-.'-~.':ii!'~I..!:r.!. i ,\ ", ,I:'" / ir.æ. i... t/ ; '..\.".:"~("¡'/.' /"-~ . ',I ~\\í.,"-.~ iþ,' Ii!": ~~ ¡; ::\\ ';'¥~");-)¡ i_n- -ci -, <I i~~ \, I!\¡t'(i~¡¡ iiTI-:-- --:-- _[1 I l ;~! \, a'\III'i!!~!~:.~~ I'¡!,,'I ~~~ 1\\1 ,.d , I,lJ',d.. IIj,I,. ~.~ J.fi'\' ,!I'_"",-\\ "I'll ~~.~ 1'-1 \ . . \,If. ~"'1h.~"'\\.¡.\ ~:~ , 8£1 ,,'\1-\\ ".....,\'" "¡t~il.!~~~ ¡lilil~.......I.~ ; \.\.\ G.\\~,...II.. ¡¡!f4..'; 1:..\~rrl,'~...lf If~ ~il 8111',. I ,,\.. ~ \f... " ,.,1.:,,* .'C-h' r II ì , .',\ '\','¿/t:'qil.! !r1il! .~ 'Ulmlilll'll\~\........ ... ~. ~.. "".'.~:'U!i-h~J¡ '.. \.i .~ ¡ '¡illlli 11..'.111' '\;\ :l:~~,:-*,,;..ij~;,.llj-" .' II. il\\ l---' ,,' , ili!i x\ i\ I \' '\ J \ ""I I !I. ïlï~~I.:¡.~W.!.I.r J.,- I¡ II Ii ~~I..., '.'!lH 1¡,.. II d ¡;¡ HI 'I II ¡ f. ! I ~1 ì ¡ .~ '!' I fi I 1,\ Wynd8lone -. _IlOO8 Pari< -"'", Idaho EXHIBIT A Wyndstone Place Subdivision AZ-OS-OIO Legal Description 01121/05 08:38 PAX 8880130 RSeJ.. ¡¡¡¡ooa ~on ~af DescrtptIan lIf/yndaone PIiIce A pan:ello~ In the SE ~ of 6ection 17, TOWI18hip 3 North, Range 1 .Eaa1. Boise Meridian, AlIa c:cuntv, 1ft.. iII/Id being part of Let 19 of Amended Møgic VIew SUbdIvf8Ion IS 8hown in BooII52 '" Plats at Page _In the I]IIIçe of Ihe RecoJder, Ada CoUIIly, Idaho, more parIIaderly daecribed ø 1i>Uowa; BEGINNING lit a SIll inch dIameIar iron pin marking the ~ comør of ~d Lot 19. fmm which a Bt8S8 Cap mlll'1Ul!1lel1t marking the ~ corner of said SE % (Center Y'¡ bears N a"03'13'W a á!!I/ICÐ of 795.153 feet; Thence along tlta nolÜl8ll\' boImdIary of sekI Lot 111 the foflDWlng descnbed """rBe5; Thence I'; 19'41'26' E adl8lanoe of2.03.16feeUe a 518 Inch diameIer kon pin; Thence N 0'18'34' E a distance of 25.00 feet to 1<5/8 tIch dlemefer iron pin; Then... I'; S9'41'2$' e a diaIanœ of 428.35 feet to a SIll inch dlemeter Iron pin marking the I\OfIbea&t COI'I1Ør of sekI Lot 19; Thanœ continuing $89'41'211' e II dletance of25.3III'eelto a point; Thvnce S 9'48'02' E along a line 25.00 feel eœI of and parallel to ihe oasterly bolJndary ",...Id Let 19 a.d~nce of 179,93 feel to apointcnlhe nartl1erIy riGht,ol'-way of inlarstata S4 Ramp DA ... shawn en the plans of In1amIaIe S4 Project No. fR.84- 1(12)45 on fife In the offlœ oflhe Idaho Transportallcm DtoparlmenL Dlslricl3, DllI1IIIon of Highways; Thenœ along sale! ncrIIIerly right-of-way the foUowtng desaibilll courses; Thence a dfslanœ of 25.61 feel along the IVC of a 3729.72 foot radius no"," Isngent eurve right. said CUM> havIng a central angle of 0'23'40" and 8 long cf1cn bealing S 1i7"O4'38' W a distanOa at 26.87 feet to a 5/8 inch diamatsr Iron pin on the easterly boundaly of sekI Lot 19; Thence leaving eald 8881e11y boundary S ee'46'39'W a dlelanœ of 600.71 feel to a braea cap molltlll'lllnt; Thence S 71'47'10" W a clt5ÚInce of 13.03 feet to a brass cap monument; Thence S 75"25'45' W a distance of 94: 17 feet to a 112 inch dlametar Iron .pln mal'klng the oouthwest comar of me! Lot 19; i' 04/21/05 08: 38 FAX 8880130 ascI 1iI.0J Thence leaving said ItØIIheñy rigIrkIf-way N 0".03'13" Wafon!¡ the wellll!rty boundary 01 said I..øt 1&& clislaru:a c¡f 410.28 I\Iøt 10 the POINT OF BE$lNNING. This parœl conIII... 4.14 - and is subject 10 anv __Is existing or in use. CIirIIon W. He""", PlS land SaMions, PC April 20, 2006 ~-L-W~ ô .~ì""'-~~~ - ~I r ~ J\ ~i' \ I Ii i '\t i~: \ ,J \ )~i~ I \ \~jli..~! !~ Ii !I \. i <:-~~ \ ~ \ \ r -- -.ft.-- !~ U/JI1/01 os. ,3& FAI aa&UIIG Raci ¡¡¡¡OOf II!' ~ C" H j I .2] UfS 1!!1 ~ !i:~I~!I!.i ..2!'~!~' II ~h ~ ~h.! ... " !I .. .§ ~It \ " !f I c:", 1'0 \ I ~\ ~ \ '\ \ I' \ ! \ \ EXHIBIT C Wyndstone Place Subdivision CUP-OS-O14 Approved Site Plan 11I11II1'11II',q 'j'lllIl 11111 .. 1111'1 '¡¡¡"!'!'!'I:~lf!"I!.I¡ll!rill! i¡mj¡j! i¡~ill¡!1Ii~!¡I¡.¡í!~ i¡¡¡mii.¡ .1;. ~.'P !í!I!".j!I'f¡II lI¡"I,di!;-,'!; , , ' 'II!'" 'I . n ! JI'I'I ! '! :'¡¡¡;¡".i.¡¡~i"i"I'¡¡"'~ i¡i¡¡!¡!~ I~I . Wllilltl;! , . ....j 'I IJ, I n II ; B q' I ¡I! ! , 0 Wyn_ne P1aœ Bus,n... Pari< Morldlon, Idaho EXHIBIT D Wyndstone Place Subdivision AZ-OS-OIO Annexation and Zoning Comments ANEXATION & ZONING COMMENTS L The legal description (dated 4-20-05, stamped by Clinton W. Hansen) shows the property as contiguous to the existing corporate boundary of the City of Meridian. EXHffiIT E Wyndstone Place Subdivision PP-O5-012 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The preliminary plat prepared by Erickson-Civil, Incorporated, labeled sheet PP- 1, dated 2-8-05, is approved, with the conditions listed herein. All conditions of the accompanying Annexation/Zoning (AZ-05-01 0) and Conditional Use Permit (CUP-05-014) application shall also be considered conditions ofthe Preliminary Plat (PP-05-012), The submitted landscape plan prepared by Jensen Belts Associates, dated 2-14-05 is approved with the following notes/modifications. 2. . Depict a 35-foot wide landscape buffer along the on-ramp to 1-84. The width of said landscape buffer shall be allowed to include approximately 8.5-feet by 550-feet of ITD right-of-way, as requested. In exchange for counting part of ITD's right-of-way in the buffer width, construct a total of 57 new trees within the buffer. With the submittal of the final plat, submit a copy of a right-of-way encroachment/license agreement with ITD for planting grass and maintaining the portion ofthe landscape buffer that lies within the right-of-way. . Depict a 10-foot wide landscape buffer outside of the right-of-way required by ACHD for Wells Street and Wells Drive. The width of said landscape buffer shall not include the width of the required sidewalks for Wells Street and Wells Drive or other impervious surfaces such as parking areas. In accordance with MCC 12-13-10-6, install at least one tree in the buffer for every 35-feet of ITontage on the abutting right-of-way. . Depict a 20-foot wide buffer along the west and north property lines that abut single-family residences, as proposed. Said buffer to the north shall contain materials in accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking areas. Due to the existing sewer easement to the west, the buffer along the west property line shall not interfere with access to the sewer line and shall remain ITee of large trees and only contain shrubs, flowers, and other ground cover approved by the Meridian Planning & Public Works Departments. . Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). The applicant shall work with the City Arborist, Elroy Huff, on implementing a mitigation plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. The proceeding modifications/notes should be shown on a revised landscape plan submitted with the final plat application. 8. 9. 3. Prior to signature of the final plat by the City Engineer, remove all structures on this site, as proposed. 4. Prior to signature of the final plat by the City Engineer, a copy of a cross parking/cross access agreement for all of the new lots within the subdivision to utilize the driveways and parking areas shall be provided. Maintenance ofthe drive aisles and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground vear-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. If the 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. 5. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Construct a 6-foot tall solid vinyl fence along the west and north property lines (adjacent to the existing residences), as proposed. A detailed fencing plan shall be submitted upon application of the final plat. Ifpermanent fencing is not provided around the entire perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3-feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Wyndstone Business Owners' Association. 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 10. 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. Sewer and water service shall be via main line extension ITom the existing mains adjacent to the subject site. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Applicant shall design a gravity irrigation delivery system sufficient to satisfy all adjacent properties. 12. Applicant agrees to reinstall the fencing removed at the end of Wells Circle. This is not a condition set forth by the city, but it's agreed to by the applicant. GENERAL CONDITIONS (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ITom the Public Works Department prior commencing installations. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Any tree over 4" in caliper that is removed trom the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events, Side slopes within drainage areas shall not exceed 3: I. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. The applicant shall coordinate mailbox locations with the Meridian Post Office. Any existing domestic wells and/or septic systems within this project will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. The 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 fmal plat per Resolution 02-374. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2, Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. SANITARY SERVICES COMPANY I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan, If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN FIRE DEPARTMENT I, Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 \1," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c, Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. All driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6, Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The roadways shall be built to Ada County Highway Standards cross section requirements 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. These measurements shall be based on the face of curb dimension. 8, Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The 8 officelcommerciallots 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 & Ernergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5' ITom the building to any dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The first digit of the Office Suite shall correspond to the floor level. 13. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 14. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 15. Provide exterior egress lighting as required by the International Building & Fire Codes. 16. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ¡¡-om a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 9033.1.1 or 9033.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903 3 .1.2, the distance requirement shall be 600 feet (183 m). 17. There shall be a fire hydrant within 100' of all fire department connections. 18. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section 0105. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 1. Payment of an overlay fee and the standard impact fee will be determined by ACHD Development Services and will be due prior to obtaining a building permit or occupancy. 2. On Wells Street the applicant will be required to do one ofthe following: a. Dedicate by donation an additional 2-feet of right-of-way on Wells Street abutting the parcel by means of recordation of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete sidewalk adjacent to the curb along Wells Street, and provide the District with an easement for any portion of the sidewalk located outside of the right-of- way. 3. On Wells Circle the applicant will be required to do one of the following: a. Dedicate by donation an additional 2-feet of right-of-way on Wells Circle abutting the parcel by means of recordation of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete sidewalk adjacent to the curb along Wells Circle, and provide the District with an easement for any portion of the sidewalk located outside of the right-of- way. 4, Construct Wells Street as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk with parking prohibited on both sides. 5. Construct Wells Circle as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk with parking prohibited on both sides. 6. Construct the cul-de-sac on Wells Circle to provide a minimum turning radiusof 45-feet. The cul-de-sac will need to be paved it's full width and length with a 1- foot gravel shoulder and borrow ditch. 7. Construct one curb return type driveway 25-feet wide, located approximately 360- feet west of the east property line on Wells Circle as proposed. The applicant has the option to move the proposed driveway on Wells Circle approximately 175- feet to the east. This new driveway location would meet district policy and would be approved by ACHD. 8. Construct one curb return type driveway on Wells Street with a center island that is a minimum of 4-feet in width and has a total of 100 sq ft. The driving lanes should be no wider than 20-feet on either side of the center island. 9. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. It is the applicant's responsibility to move the existing phone service, fire hydrant, water main and or sewer located in the right-of-way at the terminus of Wells Circle out of the right-of-way and work with the property owner to the north to provide her continuity regarding these services, 11. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2, All utility relocation costs associated with improving street ITontages 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. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, 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 ITom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all 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. CENTRAL DISTRICT HEALTH DEPARTMENT I. This proposal can be approved for central sewage & central water after written approval ITom 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. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is 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 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. IDAHO TRANSPORTATION DEPARTMENT 1. There is no access allowed to the interstate for development. 2. Nose abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way, see enclosed Noise Abatement Measures. 3. If any work is to be performed within the State Right of Way then the applicant must obtain an approved access permit ITom this department prior to construction. Also other requirements may have to be met. Please have the applicant contact Matt Ward at our office located at 8150 Chinden Blvd. in Boise or call (208) 334- 8341 to obtain a permit. 6. EXHIBIT F Wyndstone Place Subdivision CUP-O5-014 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CuP/pm I, The site plan prepared by Erickson-Civil, Incorporated, labeled sheet C-1, dated 1-27-05, is approved, with the conditions listed herein. All conditions ofthe accompanying Annexation and Zoning (AZ-05-010) application and Preliminary Plat (pP-05-012) shall also be considered conditions of the Conditional Use Permit (CUP-05-014) application. 2. The project shall conform to the L-O dimensional standards; except as follows: . Minimum ITontage: . Minimum setbacks: O-feet 20-foot (ITont) 10-foot (rear) 5-foot per story (side) lO-foot (street side) No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUPIPD application. 3. The following amenities are required as part of the Planned Development: water features on Lots 10 and 11, and a sitting area on Lot 11. The amenities shall be constructed as depicted on the submitted landscape plan. 4. All building construction within Wyndstone Place Subdivision shall substantially comply with the tront elevations on file with the Planning and Zoning Department, prepared by David E. Waldron, Construction materials used on the structure should be approved by City of Meridian Building Department and in accordance with the most recently adopted City of Meridian Building Code. 5. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe) 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 11-12-1.C. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with each certificate of zoning compliance application. 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 (CZe) ITom the Meridian Planning and Zoning Department (MCC 11-19'1). 11. 12. 13. 7. 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 cornplete the required improvements. 8. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 9. 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 l1-13-4.C. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. AIl signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. It is the applicant's responsibility to ensure that all construction conforms to the requirements of the Americans with Disabilities Act. 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. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 112" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h, Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. All driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The roadways shall be built to Ada County Highway Standards cross section requirements 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. These measurements shall be based on the face of curb dimension. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The 8 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. 10. Maintain a separation of 5' ITom the building to any dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The first digit of the Office Suite shall correspond to the floor level. 13. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 14. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. IS. Provide exterior egress lighting as required by the Intemational Building & Fire Codes. 16. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 17. There shall be a fire hydrant within 100' of all fire department connections. 18, Buildings over 30' in height are required to have access roads in accordance with Appendix D Section 0105. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL I. Payment of an overlay fee and the standard impact fee will be determined by ACHD Development Services and will be due prior to obtaining a building permit or occupancy. 2. On Wells Street the applicant will be required to do one of the following: a. Dedicate by donation an additional 2-feet of right-of-way on Wells Street abutting the parcel by means of recordation of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete sidewalk adjacent to the curb along Wells Street, and provide the District with an easement for any portion of the sidewalk located outside of the right-of- way. 3. On Wells Circle the applicant will be required to do one of the following: a. Dedicate by donation an additional 2-feet of right-of-way on Wells Circle abutting the parcel by means of recordation of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete sidewalk adjacent to the curb along Wells Circle, and provide the District with an easement for any portion of the sidewalk located outside of the right-of- way. 4. Construct Wells Street as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk with parking prohibited on both sides. 5. Construct Wells Circle as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk with parking prohibited on both sides. 6. Construct the cul-de-sac on Wells Circle to provide a minimum turning radius of 45-feet. The cul-de-sac will need to be paved it's full width and length with a 1- foot gravel shoulder and borrow ditch. 7. Construct one curb return type driveway 25-feet wide, located approximately 360- feet west of the east property line on Wells Circle as proposed. The applicant has the option to move the proposed driveway on Wells Circle approximately 175- feet to the east. This new driveway location would meet district policy and would be approved by ACHD. 8. Construct one curb return type driveway on Wells Street with a center island that is a minimum of 4-feet in width and has a total of 100 sq ft. The driving lanes should be no wider than 20-feet on either side of the center island. 9. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. It is the applicant's responsibility to move the existing phone service, fire hydrant, water main and or sewer located in the right-of-way at the terminus of Wells Circle out of the right-of-way and work with the property owner to the north to provide her continuity regarding these services. 11. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street ITontages 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. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, 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 ITom 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. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality, 3. Run-offis not to create a mosquito breeding problem. 4. 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. NAMPA & MERIDIAN IRRIGATION DISTRICT 1, If all storm drainage is retained on-site there will be no impact on N ampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to [mal platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the N ampa & Meridian Irrigation District. IDAHO TRANSPORTATION DEPARTMENT 1. There is no access allowed to the interstate for development. 2. Nose abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way, see enclosed Noise Abatement Measures. 3. If any work is to be performed within the State Right of Way then the applicant must obtain an approved access permit ITom this department prior to construction. Also other requirements may have to be met. Please have the applicant contact Matt Ward at our office located at 8150 Chinden Blvd. in Boise or call (208) 334- 8341 to obtain a permit. EXHIBIT G Wyndstone Place Subdivision AZ-O5-010 Zoning Amendment Findings According to Meridian City Code (MCC) II-IS-II, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in II-IS-II and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'office' is defined as areas providing opportunities for low-impact business. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered. City Council finds that the requested zoning designation, L-O, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "office". City Council also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (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, Obj. A, #6) The site is currently contiguous to the Meridian City limits. Sanitary sewer and water to serve this development is currently available in South Wells Circle, and from a sewer main running along the western property boundary. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) City Council has included conditions for landscaping within this report. . "Consider 'Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' trom the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Obj. A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant will be required to construct 5- foot wide sidewalks adjacent to Wells Street and Wells Circle as conditions of approval. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) City Council believes that the proposed L-O zone contributes to the variety of uses in this area, as envisioned with the Comprehensive Plan. . "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) The applicant is proposing a transitional zone, L-O, between the residences to the west and the commercial uses to the east. The applicant is also proposing to construct landscape screeninglbufferingfor the existing single-family uses to the north and west. The Landscape Ordinance requires a minimum buffer width of 20-jèet between single-family residences and office uses. As long as the landscape buffers are constructed in accordance with Meridian City Code (MCC) 12-13, City Council believes the intent of this policy is met with the submitted site and landscape plans. . "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VlI, pg. 98) As noted above, the L-O zone is considered a transitional zone between residential and commercial uses. 1n addition, in the applicant's letter (from Shawn Nickel) other Comprehensive Plan policies are listed supporting the annexation and proposed office uses on the property. City Council finds that if the applicant complies with the conditions included in this report, the overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit for a professional office park (PP-05-012 & CUP-O5-0l4). Uses such as medical and dental clinics and laboratories, accounting services, and administrative services are principally permitted in the L-O zone. City Council does not anticipate that the applicant plans to rezone the subject property in the future if the subject applications are approved for office uses. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that uses such as medical and dental clinics and laboratories, accounting services, and administrative services are principally permitted in the L-O zone. City Council believes that if the subject zoning amendment is approved, the subject property will be developed with office uses allowed (principally permitted) in the requested zone. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The properties in this area are transitioning ITom low density residential uses to commercial/urban type uses. Developments in the Magic View Subdivision include a credit union and bank, a 30,300 square-foot multi-tenant office building, Subway and medical/clinical services. In addition, two new hotels have opened just to the east of the subject site. Woodbridge Subdivision is a 260 +/- lot residential subdivision approximately \-;í mile to the west that connects with Magic View Drive and is largely built-out at a medium density. As development occurs ACHD is requiring that the local/commercial streets in Magic View Subdivision be widened and that developers construct sidewalk adjacent to the developing sites. Further, this site lies within an extraordinary impact fee overlay zone. This overlay zone was established to install the inITastructure for the redevelopment of the rural lots within Magic View Subdivision, in anticipation of the lots redeveloping to commercial. The ACHD now requires that developers within this overly zone pay into a reimbursement fund for the costs that were associated with construction of the new road ITom the intersection of Eagle Road and St. Luke's drive, to the intersection of Magic View Drive and Allen Drive (see ACHD for more information). City Council finds that annexation and zoning and developing of the subject property with office uses would be compatible with other nearby land uses and facility changes in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the proposed office zone/uses will change the existing character of the area, but that the proposed zone and office uses should be harmonious and appropriate in appearance with the existing and intended character of the area. City Council finds that future uses, if designed, constructed and operated in accordance with adopted city ordinances and conditions of approval for the subject applications, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; To mitigate the possible noise and visual disturbances of the proposed office uses on neighboring properties, the applicant is proposing to construct a 20-foot wide landscape buffer along the entire west, and a portion of the north, property lines. City Council is supportive of the proposed landscape buffer along the west and north property lines, abutting the single-family residences. A potential disturbance of allowing this site to develop with office uses has to do with vehicular access to and ITom this site, The applicant is proposing a driveway to Wells Circle, which currently provides residential access only. Increasing the traffic volumes on Wells Circle may be an inconvenience to the existing residences. However, the existing residences that access Wells Circle are also anticipated to develop with similar (office) uses in the future. Further, ACHD considers access points in their analysis of projects and has prepared a report that requires the applicant to improve both Wells Circle and Wells Drive to their commercial street standards. City Council finds that the proposed uses (access) should not be hazardous to neighboring uses if the abutting roadways are improved to ACHD's standards. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The Meridian Fire, Public Works and Parks Departments were represented at a comments meeting held on March 25, 2005 for this application. The Fire Department, Public Works Department and Parks Department provided comments that services could be provided to this site (all of the detailed comments ITom the Fire Department and other agencies/departments are at the end of this report). Sanitary Service Company (SSe) currently provides service to adjacent properties in the area. The Commission and Council will need to reference any additional written or verbal testimony submitted by the Meridian Public Works Department, Nampa Meridian Irrigation District, Idaho Power, and other service providers regarding this finding. H. I. Sanitary sewer and water to serve this development is currently available on the west and north sides. There is an eight-inch sewer stub on the western property line. Water is available on the north and west side and the applicant shall be required to connect at two points to facilitate flows through this development. The ACHD approved this development at staff level on AprilS, 2005. Because vehicular access to this site is currently provided ITom substandard streets (Wells Street & Wells Circle), ACHD is requiring the applicant to install improvements such as curb, gutter, sidewalk, and pavement widening. Please review the ACHD report for additional information regarding this finding. The applicant and/or future property owners may be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. City Council finds that the property proposed for annexation and zoning can be served adequately by all essential public facilities and services. 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; If approved, the developer will be financing the extension of sewer, water, local street inITastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Will the proposed uses not involve uses, activities, 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; ACHD estimates that this development will generate an additional 515 vehicle trips per day. City Council recognizes that traffic and noise will increase with the approval ofthis development; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed commercial zoning/use will not be detrimental to people, property or the general welfare of the area, J. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; K. The applicant is proposing to construct one new driveway to Wells Street and one new driveway to Wells Circle. The proposed access points meet ACHD policy for location. ACHD considers vehicular approaches in their analysis ofprojects and has prepared a report that approves the proposed driveway locations. If the proposed vehicular approaches and abutting streets are approved and accepted by ACHD, City Council does not believe that the development will create interference with traffic on the surrounding public streets. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council finds that there are some existing trees and other mature landscaping on this site. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). The applicant notes that 8 trees with a total of 128 caliper inches will be removed. The applicant is proposing to mitigate 73 of the 128 caliper inches by constructing additional trees within the 1-84 landscape buffer, The remaining 55 caliper inches are ITom dying or hazardous trees that do not need to be mitigated. The applicant should work with the City Arborist, Elroy Huff, on implementing a mitigation plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. City Council finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the existing trees that are removed are mitigated. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds, The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan and development ordinances. The land to the east of the subject property was recently aunexed into the City and this is a logical expansion of the City limits. In accordance with the findings listed above, Citv Council finds that the annexation/zoning ofthis DfODertv would be in the best interest of the Citv. EXHIBIT H Wyndstone Place Subdivision PP-O5-012 Preliminary Plat Findings Meridian City Code (MCC) 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; Please see Annexation and Zoning item "A". B. The availability of public services to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. Please see Annexation and Zoning items "G" and "H" for more details. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. D. The public fmancial capability of supporting services for the proposed development; Please see Annexation and Zoning item "H" and the Other Agency Comments and Conditions at the end of this report for more detail. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. EXHIBIT I Wyndstone Place Subdivision CUP-O5-014 CUP/PD Findings 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 all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting reliefITom the standard street ITontage and building setbacks of the L-O zone, as required by Meridian City Code. The applicant has also requested an alternative to the standard entryway corridor landscaping required along the on-ramp to Interstate- 84. Parking stalls are currently required by ordinance at the rate of one space per 400 square-feet of gross floor area for professional offices and one space for every 200 square-feet for clinics (MCC 11-13-5.B). Compliance with parking requirements will be monitored by the Planning & Zoning Department through the Certificate of Zoning Compliance issuance for individual buildings/users. City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features. Although the site is large enough to accommodate all ofthe features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. 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; Please see Annexation and Zoning item "A". 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; Please see Annexation & Zoning item "E". H. I. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that if the applicant complies with all conditions imposed, the proposed development will not adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation & Zoning items "G" and "H", the Other Agency Comments and Conditions, and any comrnents that may be submitted to the City Clerk regarding this project. 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; Please see Annexation & Zoning item "H". 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; Please see Annexation and Zoning items "I" and "J", 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; Please see Annexation & Zoning item "J". That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation & Zoning item "K".