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Touchmark Center Sub PP .! CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEI"V' JANO 6 2V,':: City~' f . dian Ci ffice ctG;;di~:-:; '" ~ \ ¡u.\/-In Y' \-; ¡} ~!~;." -, " --- ---~~.l"'-'-"L""'y,...~ ".on - 1'.' -¡J ~ In the Matter of a Request for Preliminary Plat (PP) approval of 22 building lots and 1 common/other lot and Conceptual Conditional Use Permit approval for office uses on 15.35 acres in an L-Q zone, by Touchmark of the Treasure Valley. Case No(s). PP-05-054, AZ-05-050 For the City Council Hearing Date of: January 10, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 10,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 10,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 10, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (Lc. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-054, AZ-O5-050 - PAGE 1 of 4 .1. .. 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 10, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 10, 2006 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require 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 (1) year from the original date of approval. Ifthe successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-054, AZ-O5-050 - PAGE 2 of 4 ! time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years ofthe approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension oftime to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, 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. Attached: Staff Report for the hearing date of January 10, 2006 By action of the City Council at its regular meeting held on the ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-054, AZ-O5-050 - PAGE 3 of 4 COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-054, AZ-O5-050 - PAGE 4 of 4 " CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 STAFF REPORT TO: FROM: Hearing Date: -- 1/10/2006 Mayor, City Council Josh Wilson, Associate City Planner City of Meridian Planning Department 208~884-5533 . PP-05-054 Preliminary plat of 22 building lots and 1 other lot on 15.35 acres in an L-O zone olfe;;dl~'~ , IU.\HO ~ .~ J- \(. Þ'-' "~\- c~' '~" I" \""-'~~-'-) "'" -..'.',"i!&-.,'---~" um\ SUBJECT: Touchmark Center Subdivision . CUP~05~050 Conceptual Conditional Use Pennit for office uses on 15.35 acres in an L-O zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Touchmark of the Treasure Valley, has applied for Preliminary Plat (PP) approval of 22 building lots and 1 common/other lot and Conceptual Conditional Use Permit approval for office uses on 15.35 acres in an L- a zone. The site is located south of Franklin Road and west of Touchmark Way, approximately one- quarter mile east of Eagle Road. This site is currently vacant with a single family residence. The property is made up of Lots 2 and 3, Block 2 and Lot 2, Block 1 of Touchmark Living Center Subdivision; and an unplatted parcel of land known as 3615 E. Franklin Road. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on December 8, 2005. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Sabrina Whitehead, applicant's representative ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Craig Hood v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Existing public utilities and drainage easement on western boundary. c. Key Commission Changes to Staff Recommendation: i. Modifv Condition 1.1.9 to read: "The applicant shall revise the landscape plan to show a 20' land use buffer along the western boundary of Lots 6, 7, and 8, Block 4. Due to the existing public utilities easement on the west side ofthe plat, install shrubs and other groundcover within said landscape buffer." d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approve I move to approve File Numbers PP-05~054 and CUP-05-050 as presented in the staff report for the hearing date of January 10, 2006 and the preliminary plat dated September 8, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Numbers PP-05-054 and CUP-05-050 as presented in the staff report for the hearing date of January 10, 2006 and the preliminary plat dated September 8, 2005, for the following Touchmark Center Subdivision PP-O5-054, CUP-O5~O50 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JIlO/2006 reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval). 4. APPLICATION AND PROPERTY }~ACTS a. Site Address/Location: Lots 2 and 3, Block 2, Touchmark Living Center Subdivision No. l;Lot 2, Block 1, Touchmark Living Center Subdivision No. 1;3615 E. Franklin Road/South of Franklin Road and west of Touchmark Way b. Owner: Touchmark of the Treasure Valley 5150 SW Griffith Drive Beaverton, OR 97005 c. Applicant: Touchmark of the Treasure Valley P.O. Box 1355 Meridian, ill 83642 d. Representative: e. Present Zoning: Dean Briggs, Briggs Engineering L-O f. Present Comprehensive Plan Designation: Mixed-Use Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for preliminary plat approval of 22 buildable lots and a conceptual conditional use permit for office uses. Access to the development is from E. Louise Drive from the south and S. Touchmark Way from the east. 1. Date of preliminary plat (attached as Exhibit AI): September 8,2005 2. Date oflandscape plan (attached as Exhibit A2): June 1, 2005 h. Applicant's Statement/Justification (from the submittal material): 5. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions ofthe Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions ofthe Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 31, 2005 and November 14, 2005 d. Radius notices mailed to properties within 300 feet on: October 21, 2005 e. Applicant posted notice on site by: November 7, 2005 6. LAND USE a. Existing Land Use(s): An existing residence and vacant land b. Description of Character of Surrounding Area: A mix of office, residential, and commercial Touchmark Center Subdivision PP-O5-054, CUP-O5-050 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1110/2006 developments, both existing and planned for the future. c. Adjacent Land Use and Zoning 1. North: Existing and future commercial development, zoned C~G. 2. East: Existing and future phases of Meadow Lake Village (Touchmark) residential development, zoned L-O. 3. South: Professional offices and St. Luke's Regional Medical Center, zoned L-O. 4. West: Existing residences in Montvue Park Subdivision, zoned Rl (Ada County). d. History of Previous Actions: The City of Meridian annexed most of the subject property in May 2001 (Ordinance No. 01~917) and approved a conditional use permit (File No. CUP-99- 039) for the applicant to develop the property into a mixed-use retirement community consisting of a large number (700.750) of various types of residential dwelling units (single- family/townhouse/multi~family/assisted-living etc.. .), medical offices, commerciaVretail businesses and a senior community center. That CUP approval was modified in 2003 to move the office portion of the development to the south side of Franklin Road and to modify the approved setbacks. The CUP approval was again modified in 2004 to allow the addition of a multi-story retirement center. A portion of the site abutting Franklin Road was annexed into the City of Meridian in July 2005 and was required to be included in the current Conditional Use Pennit application. e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: The northern portion of this site sewers to a main stubbed out of Franklin Road. The southern portion of the site sewers to the south. Location of water: There are existing mains in E. Louise Drive and S. Touchmark Way. Issues or concerns: None. 2. Vegetation: Existing mature trees on property 3. Flood plain: NA 4. CanalslDitches Irrigation: None on property. 5. Hazards: None on property. 6. Existing Zoning: L-O 7. Size of Property: 15.35 acres 8. Description of Use: f. Subdivision Plat Information Office 1. Residential Lots: N/ A 2. Non-residential Lots: 22 3. Total Building Lots: 4. Common Lots: 1 5. Other Lots: N/A 6. Total Lots: 23 22 Touchmark Center Subdivision PP-O5-054, CUP-O5-050 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 7. Open Lots: 8. Residential Area: N/A 9. Gross Density: N/A g. Landscaping 1. Width of street buffer(s): 10 feet is required on Louise Drive and Touchmark Way, and 25 feet is required on Franklin Road. There is a 20-foot existing landscape buffer on Touchmark Way and Franklin Road. 2. Width ofbuffer(s) between land uses: 20-foot buffer to residential uses to the west h. Conditional Use Infonnation: The applicant has applied to modify the approved conceptual Planned Development for the property to include the recently annexed parcel adjacent to Franklin Road. 1. Summary of Proposed Streets and/or Access: The site has access from two existing public streets, S. Touchmark Way and E. Louise Drive. The applicant has proposed a private road for access to the lots in the northern portion of the subdivision, and has submitted a Private Street application to the Meridian Planning Department for administrative approval. The applicant has provided cross access easements on the preliminary plat for vehicular circulation in the development. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING On October 28, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Staff fmds that the proposal is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map. which designates the land to be Mixed-Use Communitv. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU.C has an upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Locate small-scale neighborhood commercial areas within planned residential developments as a part of the development plan. (Chapter VII, Goal I, Objective B, Action 3) Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties. (Chapter VII, Goal N, Objective C, Action 2) A 20-fòot landscaped land use buffer is required between the proposed office development and the existing residences to the west. . . Pennit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter N Goal II, Objective A) All urban services can be made available to this site. Touchmark Center Subdivision PP-O5-054, CUP-O5-050 PAGE 4 CJTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/JO/2006 . Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 5) Direct lot access to Franklin Road will be prohibited and the development will take access from existing local roads. 9. UNIFED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11~2B-2lists personal and professional services (offices) as a pennitted use in the R-4 zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs ofthe community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. PP Application: Private Street: The proposed private street meets the requirements of UDC 11-3F-4 and shall be constructed per the provided cross section. The applicant shall be responsible for meeting the requirements of UDC 11-3F-3 to gain approval of the private street and no building pennits shall be issued for any structure using the private street for access until the private street has been approved. Setbacks: Setbacks on the private street shall be measured from the back of curb if no sidewalk exists, and from back of sidewalk if a sidewalk exists. Landscape Street Buffers: The existing landscape buffers along Touchmark Way and Louise Drive exceed the minimum requirements of the L~O zone and are approved as proposed. The required landscape buffer along Franklin Road (an arterial) is 25'. A 20' landscape buffer exists along Franklin Road and must to be expanded to meet the 25' requirement of City Code. The applicant shall revise the preliminary plat and landscape plan to reflect the required changes prior to submittal of the final plat. LandscaDe Land Use Buffer: There is a 20' required land use buffer required between lands zoned as L-O and properties under residential use. The applicant shall revise the landscape plan to show a 20' land use buffer along the western boundary of Lots 6, 7, and 8, Block 14, which complies with the requirements of UDC 11-3B-9 prior to submittal of the final plat. Existinll Buildinlls: The site culTently contains multiple buildings, including the existing residence. Because the existing structures span across proposed lot lines and/or are not allowed, all existing buildings shall be removed prior to signature of the final plat by the City Engineer. No Direct Lot Access to Franklin Road: No direct lot access to Franklin Road will be allowed. The existing driveway access to Franklin Road from the existing home shall be eliminated prior to signature of the [mal plat by the City Engineer. Touchmark Center Subdivision PP-OS-OS4, CUP-O5-050 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1110/2006 Structures Subject to DesÎlm Review: All structures along Franklin Road shall be subject to Administrative Design Review per UDC 11-3A-19, which applies to all structures on property adjacent to an entryway corridor. 2. CUP Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for a office uses. Future buildings in the development will require individual Detailed Conditional Use Pennit approval. Please see Exhibit D for detailed analysis of facts and findings. b. Staff Recommendation: Staff recommends approval ofPP-05-054 and CUP-05-050 for Touchmark Center Subdivision, based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: September 8, 2005) 2. Landscape Plan (dated: June 1,2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Touchmark Center Subdivision PP-O5-054, CUP-O5-050 PAGE 6 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 A. Drawings 1. 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Landscape Plan (dated: June 1,2005) I II I =::::"' ,,-:::= , -'-J . "'-"~ !o,.;,'¡' ... ~-7'-'h¡"""'r"i¡ ( ~., "lOJ8LUaaas ',~:',~lli ~'I" , mI.I., ~ßOJ; , . t" " , ..1.- """"0<1 --osa...,... £ti('"""""'"""""'" I ":_j:..-.. 'J " ~ " '------".,~-_..," '----'-------------'--,~", - '-, ""\ n. ~. @ n¡ Ii I .... ~~ ~ ...~ ,.. ~i I !I , (?:) \.) , . 1\ .ì -" (\,. .,?~\¿~' "'It \:; "' ~-¡-::-_:-.-::--'~-\;.}() ,(~) .:- ,,:-- -{£)or:"Q\-t(;\ '~>'" '\_f' .::':...:._,~~::.~'-"'~::~;~}~~?~-;¥,\(:\, -r-', - -', ...' c) '{') '-":::, "--:'-<j_::':" "c""""'-"-. i., ---. -- . . 1 I -; , rt::\ , '-1.,-,- ,'. 1 1 1 1 ".: i '.. , , j.. ".:. " :! , I , ~, " ,,0 ,"'- "!-, /)-- ~i_¡)( . ' // {r")C,)r-:..:" ~,///,/I,}~;\j,>", ',,:~..~ ::: ¡ , "I ',I , 1 'I ,I "I :;1 1 :1 ,:I " 1 d , ' ",,!l-.-, 1 I "', " j ': i, I. ..--- "'~'=';'-=,":."--- I "L.. -\ -~-"""--c-J Exhibit A 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF 1/10/2006 ~-- .....,- ,,-,,-......, -"---"-""""""'-JI."-S \ .......... . --- .;y¡¡¡~ I' I" : c:\l ~ ai ~~~~~ ,/: il~ "'Iii: ...¡ ............ "!-"voea"",,.. ,""""""no.......-"""" .r ;...!t1_..II...";¡ 1------'-------' "" ""-'.. -..--"-----,.,,. " .' --"_..__....n__..._.--..-..... .--.... ,: , :ti, i. I, i- ,~ 'I () ,.' I :" , i '! t~\ , " t'::I- ,: ~ r ,-1-(,: If!;; .. : f~; ~: (~,~I, .' . 1 T 1 . '1'-, A7\' , /N.....' t~) '1 '" 1 I " I,,' " ., ~~ ~i ~ §! ~ ~ ~ ; (zl ~ ~ ¡¡; !~ --'>- Iii'" ;; t£\ i :~~ \:5' i :1: ' I" I V' .._,' j : , , , , :, ". I' ö' .___n._____,,---- . - " , ..,,_. Exhibit A 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 B. Conditions of Approval 1. Planning Department 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.2 1.2.1 1.2.2 Exhibit B SITE SPECIFIC REQUIREMENTS-PRELJl\.1INARY PLAT The preliminary plat labeled as Sheets PRE2 and PRE3 prepared by Briggs Engineering, dated September 8, 2005, are approved, with the conditions listed herein. All comments/conditions of the accompanying Conditional Use Pennit (CUP-05-050) application shall also be considered conditions of the Preliminary Plat (PP-05-054). No direct lot access to Franklin will be allowed. All structures along Franklin Road shall be subject to Administrative Design Review per UDC 1I-3A-19. Any structures which do not comply with Meridian City Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing home and outbuildings on the property. The existing driveway access to Franklin Road shall be eliminated prior to signature by the City Engineer on the Final Plat for the property. The proposed private street meets the requirements of UDC 11- 3F A and shall be constructed per the provided cross section. The applicant shall be responsible for meeting the requirements of UDC 11-3F-3 to gain approval of the private street and no building pennits shall be issued for any structure using the private street for access until the private street has been approved. Setbacks on the proposed private street shall be measured from the back of curb if no sidewalk exists, and from back of sidewalk if a sidewalk exists. The required landscape buffer along Franklin Road (an arterial) is 25 feet. A 20-foot landscape buffer exists along Franklin Road and must to be expanded to 25 feet and meet the requirements of UDC 11-3B- 7. The applicant shall revise the preliminary plat and landscape plan to reflect the required changes prior to submittal of the final plat. "The applicant shall revise the landscape plan to show a 20' land use buffer alon!:!: the western boundary of Lots 6. 7. and 8. Block 4. Due to the existin!! public utilities easement on the west side of the plat. install shrubs and other Iltoundcover within said landscape buffer." GENERAL REQUIREMENTS-PRELJl\.1INARY PLAT Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 1.2.4 1.2.5 1.2.6 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Any tree over 4" in caliper that is removed from 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. All iITigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate iITigation/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 can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Staff s failure to cite specific ordinance provisions or tenus of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 1.3 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT All applicable conditions of the previously approved Touchmark Living Centers Subdivision and Meadow Lake Village Planned Development, CUP~03~OI4 and CUP~O3-005 shall also be considered conditions of the subject of Conditional Use Permit (CUP-O5-043) application. Development on all lots within the subdivision will require individual Detailed Conditional Use Permit approval. 2. Public Works Department 2.1 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonus of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHffiIT A) and an 8112" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. The applicant has indicated that Touchmark of the Treasure Valley will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be 1.3.1 1.3.2 2.2 2.3 2.4 Exhibit B 2 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF lIJO/2006 2.5 required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. The City of Meridian requires that pressurized iITigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point cOlmection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. All existing structures shall be removed prior to signature on the [mal plat by the City Engineer. Any existing domestic wells and/or septic systems within this project shall be removed from 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. 2.6 2.7 2.8 As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall 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. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3 17. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1110/2006 3. 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. 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 pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above fmish grade. h. Fire hydrants shall be provided to meet the requirements ofthe]FC Section 509.5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section Dl03.6 Signs. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". Operational fIre hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 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. 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. The 22 office/commerciallots 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 2612 responses in the year 2004. 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. Maintain a separation of 5' from the building to the dumpster enclosure. Provide a Knoxbox entry system for the complex prior to occupancy. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to address this concern prior to the public hearing. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Provide exterior egress lighting as required by the International Building & Fire Codes. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from 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 ill). There shall be a fire hydrant within 100' of all fIre department connections. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 18. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D1O5. The proposed project has no fire department concerns. 19. 4. Police Department 4.1.1 The Police Department has no concerns related to this application. 5. Parks Department 5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12.13-13-6) will be followed. 5.1.2 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. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District On January 5, 2000 (MCUP-99-039), March 5, 2002 (Touchmark Living Center Subdivision) and April 8, 2003 (Meadowlake Village Subdivision) the District approved development applications for this site. As a result of those applications, the District required the applicant to: . Dedicate 60-feet of right-of-way from the centerline of Franklin Road, . Provide a road trust deposit for the construction of a 5-foot concrete sidewalk abutting the site, . Construct Touchmark Way and Louise Drive as 40-foot street sections with vertical curb, gutter and sidewalk, . Provide a vehicular connection to the St. Luke's Medical Complex, . Design and construct a signal at the intersection of Touchmark Way and Franklin Road, . Provide adequate spacing (175-feet) between driveways on Touchmark Way and . Access to Franklin Road is prohibited. Since the approval of the previous applications Franklin Road has been reconstructed from Eagle Road to Touchmark Way which eliminates the need for the 60-feet of right-of-way from the centerline of Franklin Road and the road trust deposit for a concrete sidewalk from the parcel located at 3615 Franklin Road. In addition to the improvement of Franklin Road, Louise Drive and Touchmark Way have been constructed as 40-foot streets and a signal has been installed at the Franklin Road and Touchmark Way intersection. As you can see, the applicant has met the requirements of the original approvals with the exception of driveway locations. In order to comply with the previous approvals, the applicant will be required to provide l75-feet between driveways on Touchmark Way. The applicant has not proposed the construction of driveways with the preliminary plat application. The driveway spacing will be reviewed and approved as each of the conditional use application or certificate of zoning compliance application is received by the District in the future. Exhibit B 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 C. Legal Description DESCRIPTION FOR TOUCHMARK CENTER SUBDIVISION MA Y 20, 20C)') A PARCEL OF LAND BEING A RESUBDIVISION OF A PORTION OF LOT 1, LOTS 2 THRU 3, BLOCK 2, AND LOT 2, BLOCK 1, TOUCHMARK LIVING CENTER SUBDIVISION NO, 1, AND A PORTION OF THE NORTHWEST 1/4 OF SECTION 16 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16 T. 3 N., Rl W., 8M, THENCE S 89"28'47" E 1015.45 FEET ALONG THE NORTH LINE OF SAID SECTION 16; THENcr: S 00°20'17" E 60.01 FEET TO THE NORTHWEST CORNER LOT 1, BLOCK 2. TOUCHMARK LIVING CENTER SUBDIVISION NO, 1, FOUND IN BOOK 89 OF PLATS AT PAGES 10313 THRU 10316, ADA COUNTY RECORDER'S OFFICE, SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY FOR E FRANKLIN ROAD, POINT BEING THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 2, AND SAID SOUTHERL Y RIGHT OF WAY THE FOLLOWING: THENCE S 89°28'47" E 337,71 FEET TO A POINT; THENCE N 00"21 '56" W LEAVING SAID LOT 1, BLOCK 2, 20.00 FEET TO A POINT; THENCE S 89"28'47" E 115.00 FEET TO A POINT; THENCE S 00"21'56" E 2000 FEET TO A POINT ON THE NORTH LINE OF LOT 3, BLOCK 2; THENCE S 89°28'47" E CONTINUING ALONG SAID NORTH LINE 220,61 FEET TO A POINT; THENCE S 44"44'24" E 45.79 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT3, BLOCK 2, AND ON THE WESTERL Y RIGHT OF WAY FOR S. TOUCHMARK WAY; THENCE S 00°00'00" W CONTINUING ALONG SAID EASTERLY LINE AND SAID WESTERLY RIGHT OF WAY 69.96 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 256.42 FEET, SAID CURVE HAVING A RADIUS OF 361,50 FEET, A CENTRAL ANGLE OF 40"38'27", TANGENTS OF 133,87 FEET, AND A CHORD WHICH BEARS S 20"19'14" W 25108 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 183.01 FEET, SAID CURVE HAVING A RADIUS OF 338.50 FEET, A CENTRAL ANGLE OF 30"58'35", TANGENTS OF 93.80 FEET, AND A CHORD WHICH BEARS S 25"09'10" W 180.79 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONe A CURVE Te THE RIGHT :C'; (:. FEFT ')i\ID CURVE HAVlt~(,;, F:;\lliU:: ,~.c 5000 FEET. Þ. CENTRfll ANGi.E OF 31'021::,' J/\NGENTS OF ¡~ 88 FEET, AND {\ CHr)RD '/,i¡::-:II ElL;,R:; 'i...:: i:' !<,'-:!'~"'f-[f;i f. HIII';I,-;rCUf.1I'OUNnClJF{\)þ,TUfÅ’ Exhibit C 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 THENCE AL.ONG A CUfNE TO mE RIGHT fì7.4ù FEE-r LEAVING EASTERLY liNE OF SAID LOT 3, BLOCK 2, AND ALONG SOUTHERL Y LINE OF LOT 2, BLOCK 2, SAID CURVE HAVING A RADIUS OF 84,00 FEET, A CENTRAL ANGLE OF 45°58'21", TANGENTS OF' 35,63 FEET, AND A CHORD WHICH BEARS S 63"41'18" W OS,51 FEET TO A POINT OF TANGENCY; THENCE S 86"40'29" W ALONG SAID SOUTHERLY RIGHT OF WAY AND LEAVING SAID WESTERLY RIGHT OF WAY 37.48 FEET ALONG SOUTHEASTERLY RIGHT OF WAY FOR E, LOUISE DRIVE TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 128.83 FEET LEAVING SOUTHERLY LINE OF SAID LOT 2, BLOCK 2, AND ALONG SOUTHERL Y LJNE OF SAID LOT 1, BLOCK 2, SAID CURVE HAVING A RADIUS OF 154.00 FEET, A CENTRAL ANGLE OF 47"55'52", TANGENTS OF 68A5 FEET, AND A CHORD WHICH BEARS S 62"42'32" W 125,11 FEET TO A POINT OF TANGENCY; THENCE S 51°15'24" E CROSSING SAID E. LOUISE DRIVE 58,00 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 2, BLOCK 1, AND THE NORTHWESTERLY RIGHT OF WAY FOR SAID E. LOUISE DRIVE; THENCE ALONG SAID NORTHERLY LINE AND NORTHWESTERLY RIGHT OF WAY THE FOLLOWING: THENCE ALONG A CURVE TO THE RIGHT 85,88 FEET, SAID CURVE HAVING A RADIUS OF 96,00 FEET, A CENTRAL ANGLE OF 51°15'24", TANGENTS OF 46.05 FEET, AND CHORD BEARING N 64"22'18" E 83,05 FEET TO A POINT OF TANGENCY; THENCE N 90"00'00" E 22.84 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 150.77 FEET, SAID CURVE HAVING A RADIUS OF 169.00 FEET, A CENTRAL ANGLE OF 51°06'57", TANGENTS OF 80.82 FEET, AND CHORD BEARING S 51°57'06" E 145,82 FEET TO A POINT OF REVERSE CURVATURE ON THE SOUTHERLY RIGHT OF WAY FOR S. TOUCHMARK WAY; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING: THENCE ALONG A CURVE TO THE LEFT 365.24 FEET, SAID CURVE HAVING A RADIUS OF 329,00 FEET, A CENTRAL ANGLE OF 63"36'22", TANGENTS OF 20401 FEET AND CHORD BEARING S 58°11'49" E 346.77 FEET TO A POINT OF TANGENCY; THENCE N 90"00'00" E 14119FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 176,51 FEET, SAID CURVE HAVING A RADIUS OF 271.00 FEET, A CENTRAL ANGLE OF 37°19'07", TANGENTS OF 91.51 FEET, AND CHORD BEARING S 71°20'27" E 173.41 FEET TO A POINT OF TANGENCY; THENCE S 52°40'53" E 20.37 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 8783 FEET. SAID CURVE HAVING A RADIUS OF ,900 FEET, A CENTRAL ANGLE OF 63'42'08' Tf\'JGE'iTS OF 49 08 FEET A\JD CHORD BEARiNG 5 20'49'49" E 83 '38 FEET TO A POi'iT ::);: ~ A\JGENCY. '-" --"', ;- "'~',: .<.. .. ': .. L:;; -- 1'\ -, ,c, 1--,1 :-' Exhibit C 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 THENCE S 3719'07" W LEAViNG SAID SOUTHERLY RIGHT OF WAY BUT CONTINUINC:¡ALONG EASTERLY UNE OF SAID 1,01 2, BLOCK 1,200.20 FEET TO A POINT OF CUF<VATUF<E: THENCE ALONG A CURVE TO THE LEFT 211.36 FEET, SAID CURVE HAVING A r~AD!US OF 324.50 FEET, A CENTRAL ANGLE OF 37"19'07", T.A.NGENTS OF 10958 FEET, AND A CHORD BEARING S 18°39'33" W 207.64 FEET TO A POINT OF TANGENCY; THENCE S DO'OO'OO" E 175-73 FEET TO A POINT; THENCE N 44 '54'04" W ALONG SOUTHERLY LINE OF SAID LOT 2, BLOCK 1,430.35 FEET TO A POINT; THENCE ALONG SAID 80UTHERL Y LINE THE FOLLOWING: THENCE N 89"26'11" W 152.36 FEET TO A POINT; THENCE N 00"00'00" E 377.27 FEET TO A POINT; THENCE S 90°00'00" W 21400 FEET TO A POINT; THENCE N 00°00'00" W 140.55 FEET TO A POINT: THENCE N 51 °15'24" W 70.50 FEET TO A POINT ON THE WESTERLY SIDE OF SAID LOT 2, BLOCK 1, AND THE SAID SOUTHERLY RIGHT OF WAY FOR E. LOUISE DRIVE: THENCE N 38"44'36" E ALONG SAID WESTERL Y SIDE AND SOUTHERLY RIGHT OF WAY 69,44 FEET TO A POINT; THENCE N 51"15'24" W LEAVING SAID WESTERLY OF SAID LOT 2, BLOCK 1, CROSSING SAID E, LOUISE DRIVE 58.00 FEET TO A POINT ON THE SOUTHERLY SIDE OF SAID LOT 1, BLOCK 2, AND THE NORTHWESTERLY RIGHT OF WAY FOR E. LOUISE DRIVE; THENCE N 00"20'17" W 117.04 FEET TO A PO/NT; THENCE S 89°39'43" W 15403 FEET TO A POINT: THENCE N OO'~20'17" W 21,82 FEET TO A POINT; THENCE S 89"39'43" W 165.00 FEET TO A PO/NT ON THE EAST LINE OF MONTVUE SUBDIVISION AND THE WEST LINE OF SAID LOT 1, BLOCK 2; THENCE N 00°20'17" W ALONG SAID EAST LINE AND SAID WEST LINE 483,55 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION DESCRIPTION; SAID SUBDIVISION CONTAINS 15.37 ACRES, MORE OR LESS. \'VAYNt ¡.;;. BARBER ',~ ;/ /J/frß 3Itt P::-: ';.;;' Exhibit C 3 F. D -1 CITY OF MERJD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 D. Required Findings from Zoning Ordinance The following is the list of standards found in 11-15-11 and analysis by staff: 1. CUP Findings:The Conunission and Council shall review the particular facts and circumstances of each proposed conditional use in tenns of the following and may approve a conditional use permit ifthey shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; City Council finds that the subject property is large enough to accommodate the requested use and all other required features as noted above. Perimeter landscaping has been approved under the Meadow Lake Village Planned development. The applicant has shown the required landscape buffers and easements on the site plan. Intemallandscaping will be addressed through individual Detailed Conditional Use Permit Approval. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". The Comprehensive Plan text policies of Chapter VII, including the requirement for all development to proceed through a CUP and allowing Limited Offices Uses, are met with this plan. City Council finds that the proposed office use is hannonious with and in accordance with the Comprehensive Plan. 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 uses and site configuration are compatible with the general neighborhood. D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that the proposed office uses will not adversely affect adjacent properties. 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; City Council finds that the revised development plans will be adequately served by the essential public facilities and services listed above. The applicant has already received approval for these services as part of previous applications. 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; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1110/2006 City Council finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. The use will actually be a net contributor to the tax base and job base of the City. 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 [rods that no excessive traffic, smoke, fumes, glare or odors should result from the proposed medical office use. 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; City Council finds that the proposed use and vehicular approaches will not create significant interference with any traffic on the sUITounding public streets. Please review the ACHD report for this project for additional information regarding this finding. I. 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 does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance ofthis conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. 2. Preliminary Plat Findings: Sections 12~3-3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: Á. B. C. D. E. D - 2 The conformance of the subdivision with the Comprehensive Development Plan; Please see CUP Findings Item A above. The availability of public services to accommodate the proposed development; Please see CUP Findings Items E and F above. 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, the subdivision will not require the expenditure of capital improvement funds. The public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. The other health, safety or environmental problems that may be brought to the Commission's attention. " CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/10/2006 City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. D - 3