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HomeMy WebLinkAboutJulie Subdivision PP-05-011 CUP-05-013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of~l'elbninary Plat Approval of Twelve (12) building lots on 4.31 acres in a L-O Zone and Detailèd~Cog.ditional Use Permit (CUP) Approval for Twelve (12) Office Buildings with reductions to ihe- -ii1in-imum requirements for street frontage and building setbacks in a L-O zone, for Julie Subdivision, by Paramount Development, Inc. -.- ------ _Case No(s). PP-05-011, CUP-05-013 c - -------- ./ ------ For the City Council Hearing Date of: June 28, 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 June 28, 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 public hearings 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. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-0 11, CUP-O5-0 13 - PAGE 1 of 4 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) ofrecord at the time of issuance ofthese findings is Paramount Development. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use. 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 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 Preliminary Plat! Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 17, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP.O5-011, CUP-O5-013 - PAGE 2 of4 2. The applicants Conditional Use request is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. 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 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: Exhibit C: Exhibit D: Approved Preliminary Plat/Site Plan Conditions of Approval Required Findings for Preliminary Plat/Conditional Use Permit By action of the City Council at its regular meeting held on the ~~ ' 2005. 2Ø~ day of COUNCIL MEMBER SHAUN WARDLE VOTED ~A-/ VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-011, CUP-O5-013 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: and City Attorney. J :h By~.- - I\J)J fYU City Clerk's Office Dated:~ - :J~O'3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-011, CUP-O5-013 - PAGE 4 of 4 EXHIBIT A Julie Subdivision PP-05-011, CUP-05-013 Legal Description Engineering North West, LLC 423 N. Ancestor Place>. Suil~ 180 Boise. Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 Project No. 04-041-00 Date: February 4, 2005 JULIE SUBDIVISION FINAL PLAT DESCRIPTION A parcel of land located in the SW 114 of the NW 114 of Section 25, T. 4 N., R I W., 8.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T.4N.,R. I W.; Thence South 00°55' 15"' West, 2657.66 feet on the section line common to said Sections 25 and 26 to the 1/4 section comer common to said Sections 25 and 26; Thence North 00"55' 15"East, 197.50 feet on the section line common to said Sections 25 and 26 to the northwest comer of Paramount Subdivision No.1, as same is shown on the Plat thereof recorded in Book 88 of Plats at Page 10 163 of Ada County Records, said point being the REAL POINT OF BEGINNING; Thence continuing North 00°55' 15" East, 466.91 feet on said section line; Thence leaving said section line, South 89°25'53" East, 401.00 feet (fonnerly described as North 89°38'46" East) on the southerly boundary line of that property shown on Record-of~ Survey Number 6587 of Ada County Records to a point on the westerly boundary line of Lot 3, Block 4 of said Paramount Subdivision No. I; Thence leaving said southerly boundary line, South 00°55' 15" West, 489.56 feet on the westerly boundary line of said Lot 3 to a point of curve on the northerly boundary line of Lot 2, Block 4 of said Subdivision; Thence 95.23 feet on lhe arc of a curve to the left. said curve having a radius of 195.00 feet, a central angle of 27°58'55" and a chord distance of 94.29 feet which bears North 75°27'41" West on said northerly boundary line of Lot 2; Thence North 89°27'08" West, 309-36 feet on said northerly boundary line of Lot 2 to the rea! point of beginning. Said parcel contains 4.31 acres more or less. PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Pogo I of ¡ PLAT SHO'MNG PARAMOUNT SIJBDIVISION NO.8 A RESUBDIVISION OF LOT 2, BLOCK 4 OF PARAMOUNT SUBDIVISION NO.1 AND A ~ PORTION OF THE SW1/4 or THE NW1/4- or SECTION 25, TAN., R.1W.. 8.M, u,.... - -",_IHNDEN BlW- ~^' 2G/2B) MERIDIAN, ADA COUNTY, IDAHO ... ~~ - - 2005 ,-- ~ "', BDg1ø6WlgNø:l1llWøt.I.r.C .' : " '"". ",eo "HPLATTED , ~~- ""---'~r,Q(f -------1, J I"' ~,' j' ,,", f *: ¡ @; @ , @J "' ' ~-,~.....,..""'"""'"'~ ~I ' , ""',;"-"-' ,,- Î L"-'_~ ~~ / ,:! %1 '-r ,-" .- ',.."."n' "~'H-;-' ",~",' I '" ~, '"'" "'1 ~ " ~I " . ~ ; " ;l~""'" ~: I I -'LeYl ~^,X'~'---"; H~lH:¡t~t{k~il!~I:~: ~:~ .; z fr~È'~1~;Iî z 0 f>' ~~ ~! i'¡~ ~t .. '¡ , '@ ~Ii ;b = _I ~f ~ ~ " "I " .. ~ '" ~. ~~ @ @) !¡ ~~~fffl I~ (!2 .~ @t ... --"""~,, ill -",,', iõiTo ~ ~ ~ " '" '" '" < ~ à. @ ~~ " 'î;:@ ;f~ , ~ @ ! 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',",","",<- ,),~"'" """" 00',,""'_' .K~' ~"~~,"'C'" ,~." ~,>..."' """'" '-~",," t ,,""""" .' ;~ ,-" ,~" ~".,," "om", Å~ H"" 0- "'-,"" ~,~i<,~;;:';':, "; ;";;:.";:::~;;':;-,~~;' ,~;: ";~^,:";;;~, .", "~"H"~"""""",,,m"_""J '~,"""~""~)"""" '-~"""-"'~"~-""""""'."""""""-"""'.",,, ~":',;'.;::"-""""-"""'~'"'-'""'-"-"""M""-~,,;"'-' ,,'.' "," ~A ",-,.,,~ "'~ ,.,- .-.<", 0-" ",,'-".'-" ~""o~~v" --'-"'^'~~""~' "'-""'~"'~""W'.~H"""~,c",,,,, ""-"L"", ""'$",,""""--""'."""",""""""-"""""""""-."' ."".~"."...'" .",'-:-" "".."~"',~'" , !od ~ !od =:";d == 00 '"" =. rJt = == I - ~ 00-' "1 .... (! « .... rJ'.J ~ = :::gnO" ~-Q. - '---<"" "'-!od-< rJ'.J r .... ....00 f!;. -rJt° (! I == !ode - .... ~ (,¡J == tJ:!j >< = ..... c= ..... o-J c= .".,,-' "",".. "..-.." "P"',', ""," , ,- "'" , --~"~"-'11'~~IT" -[""'" ""-=""""""'~"-"--"'-"- ".--.. " -,~........"..,.... "'..J ..w' . ;If""""'I""Jø'(""-""""J",,,.(I'~I~~1~a .~ . N""0I1J3~ ".", - .,.., "", "'" "'" '1 ". ¡ ~ . I~U [ J)- ~ __N~'S:8:S~'1~- .. i ~~~II Ii i i! ;l{J I ,; I rFti I :7"-' -c------- Ii ~ ~ ii !: I l' zJ I~I ji I ~ ~ ~ i ~ '" ---- w - ,crii ¡'- "'--T-,j;.¡"."ji""""--""---l I;:'T-r-T-¡I. '!II..,....J"~"î -' ,. "- "-"-'~-'--"---I ' ¡ . '-----,--,----;-,-:_:,--,. J í ITJ, ¡ ,,' '/ , ." .",,".... ..""",.,, i ' f t -, -"._--- n,~~__." """""""". .L.-, ____nn""'-rn""",_n-"-----__""""""."-""-""-".""-,,,,,.,-,,,, ...... ",.- EXHIBIT C Julie Subdivision PP-05-011, CUP-05-013 Conditions of Approval SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT 1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-03-006, CUP-O3-008), and the current Conditional Use Permit (CUP-O5-0B) application shall also be considered conditions of the Preliminary Plat (PP-O5-011). 2. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 3. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the City Council hearing on this application. 4. 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 MCC 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. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 5. City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Revise the preliminary plat to graphically depict utility easements for the City of Meridian's sewer and water mains in this development. 7. Revise the following notes on the face of the preliminary plat 13. 5.) Revise as follows: "subsurface infiltration facilities as approved by the City of Meridian ACHD. 8. Revise the preliminary plat to show the means and location of the storm drain facilities. 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. 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. If the pressurized irrigation system within this development is to remain a private homeowners' 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. 10. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 11. Direct lot access to Linder Road is prohibited. 12. The applicant shall create a 35-foot common lot, which shall be owned and maintained by the Business Owner's Association, along Linder Road for the required landscape buffer which lies to the east of the required future right-of-way lot. The applicant shall be required to reconfigure the proposed buildings to move them outside of the required street buffer and submit plans showing the revisions prior to the City Council hearing. The applicant shall construct a minimum 5' sidewalk along Linder Road, located a minimum of 41-feet (41') from the centerline of the right of way which ties into the existing sidewalk on the south. 4. 6. 7. 8. 14. The applicant shall be required to place the additional 23 feet of future right-of- way along Linder Road in a separate common lot, which shall be owned and maintained by the Business Owner's Association and said lot shall be in addition to the common lot for the required 35-foot street buffer 15. The applicant shall establish a Business Owner's Association for the ownership and maintenance of the common lots. STANDARD CONDITIONS- PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. A detailed landscape 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. 3. All storm and drainage water shall be retained on site. 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 Stonn 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. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 5. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 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 from the Public Works Department prior commencing installations. 16. 17. 9. Any tree over 4" in caliper that is removed ffom 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. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from 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. 11. 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. 12. 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. 13. Prior to signature of the final plates) by the City Engineer, 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. that has not been completed. 14. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 15. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the fmal p1at(s) , all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). Please submit 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 lOO-year storm events. Side slopes within drainage areas shall not exceed 3: 1. 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 6. 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 nonnal groundwater elevation. 18. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 19. 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. 20. Staff s failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 21. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. SITE SPECIFIC CONDITIONS- CONDITIONAL USE PERMIT 1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-03-006, CUP-03-008), and the current Preliminary Plat (PP- 05-011) application shall also be considered conditions of the Conditional Use Permit (PP-05-013). 2. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 3. A minimum 20- foot wide rear building setback shall be maintained to the north property line on Lots 11 and 12. Reduced rear setbacks on Lots 1-10 are approved per the submitted Planned Development site plan dated February 2005. 4. The only uses allowed in the proposed development shall be those for the L-O zone contained in the Zoning Schedule of Use Control (MCC 11-8-1). 5. The 90-degree parking stalls are approved as 18-feet long with 6-foot sidewalks directly adjacent, adjacent to a 25-foot wide drive aisle. The applicant shall be required to install wheel blocks that prevent vehicles from overhanging more than one foot onto the adjacent sidewalk. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. The construction of the proposed office buildings shall substantially comply with the undated elevations on file with the City. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code. If any signifìcant 6. 7. modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall be required to submit a CUP modification. 7. No signs are approved with this CUP. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shan be prohibited, and will be removed upon three (3) days notice to the applicant. STANDARD CONDITIONS- CONDITIONAL USE PERMIT 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 3. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas. Stormwater 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 a 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. 4. 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). 5. A building permit shall be obtained prior to the start of construction. 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 on the first phase/building has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 8. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/ condi tions. Other A!!encv/Department Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 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 PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the 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 W' 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 comers 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. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 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. 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. 8. The 12 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. 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. Maintain a separation of5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. 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). 16. There shall be a fire hydrant within 100' of all fire department connections. EXHIBIT D Julie Subdivision PP-05-011, CUP-05-013 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.D of Meridian City Code 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; This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception" that was approved as part of the Planned Development for Paramount Subdivision. The Applicant has requested modifications to the standard setbacks and frontage requirements of the L-O zone. Please see Conditional Use Permit Analysis below for further assessment of the proposed development and associated deviations from development standards. City Council 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): . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Ada County Highway District previously approved the existing approach to W. Cayuse Creek Drive. The Applicant is not proposing any new curb cuts with the subject development. . "Locate small scale neighborhood commercial areas within planned residential developments as part of the development plan." (Chapter VII, Goal I, Objective B, Action item 3) . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property was identified in the Planned Development CUP for Paramount Subdivision as "Village Mixed-Use Center: Linder Road" and is adjacent to Linder Road, an arterial roadway. D. City Council finds that if the Commission and Council grant the Applicant the requested modifications with the CUP/PD, and the Applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties. City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. On March 25, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. City Council finds that the subject property can be served adequately by all essential public facilities and City services. c. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, City Council finds that the subdivision will not conflict with the capital improvement program. The public financial capability of supporting services for the proposed development; City Council finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 162 on-site parking stalls. MCC 11-13-5.B.2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement, the applicant would be required to provide 104 parking stalls (41,760 s.fbuilding/400 = 104 stalls) on the property. MCC 11-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet ofthe use served. MCC 11-13-4.F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. The applicant has depicted 18-foot long parking stalls with 6-foot sidewalks, allowing for I-foot of vehicle overhang. This is an acceptable alternative to 19-foot stalls with 5-foot sidewalks, provided the applicant be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot. Staff finds that the applicant has shown enough parking to accommodate the proposed office uses and that the parking as shown on the site plan complies with MCC. The applicant has requested, and shown on the site plan, a 10-foot rear setback for the proposed office buildings on Lots 11 and 12 as part of the detailed CUP approval. A 20-foot rear setback is required in the L-O zone (MCC 11-9-1), but setbacks can be modified through the Planned development process, excluding those on the periphery on the Planned Development. MCC 12-6-2.A.5 states: "Setbacks: AlonlZ the periphery of the planned development. the applicable setbacks as established by the zoning district in which the project resides shall not be reduced. " Requirements of the Planned Development ordinance cannot be waived or modified through the Planned Development CUP process; therefore, the applicant shall be required to modify the site plan to show a 20-foot rear setback on Lots 11 and 12 along the north property line. See Site Specific Condition #3 below. The developer of Paramount Subdivision installed the required landscaping adjacent to W. Cayuse Creek Drive, and that landscaping currently exists adjacent to this site. The applicant is required to provide additional landscaping within the parking areas and a 25-foot landscaped street buffer along Linder Road. The applicant has shown on the plans a proposed 25-foot landscape buffer, which lies within an area, denoted as "Future Right of Way" on the Preliminary Plat. MCC 12-13-10-2 requires that "All street buffers shall be located beyond any street right of way and shall be maintained by the property owner upon which the buffer lies." The applicant shall be required to: 1. Place the Future Right of Way in a separate platted lot in the subdivision (See Preliminary Plat Site Specific Condition #9); 2. Provide the required landscape buffer outside of the Future Right of Way lot (See Preliminary Plat Site Specific Condition #8). City Council finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance. 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; This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception" that was approved as part of the Planned Development for Paramount Subdivision. The applicant stated in the February 14, 2005, application letter that "The uses will provide services (medical, dental, optical, neighborhood retail, etc.) that will be complementary to the residents of the surrounding area." Staff finds that the previous approval for the Planned Development did not approve retail uses in this L-O zone and that retail uses are not allowed in the L-O zone per the Zoning Schedule of Use Control contained in MCC 11-8-1. The Development Agreement for Paramount Subdivision specifically states: "Uses Permitted By This Agreement: 4.1: The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D, F, G, and K) which are herein specified as follows: Construction and development of a planned development consisting of764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f. of office and retail space, and 32 COmmon lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones." Staff finds that only uses permitted in the L-O zone shall be allowed in the proposed development. See Site Specific Condition #4 below. City Council finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Further, City Council finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. 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; City Council finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses. 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 does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. 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; The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to surrounding properties City sewer and water services are currently available to this site through stubs from existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. On March 25, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. I. City Council finds that the subject property can be served adequately by all essential public facilities and City services. 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 required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. H. 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; The applicant is not proposing to construct any new vehicular approaches int%ut ofthe property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parcel. The applicant is proposing to utilize the previously approved access point to W. Cayuse Creek Drive. Staff finds that the proposed use and associated approaches will not create 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. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area.