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HomeMy WebLinkAboutWoodpenn Subdivision PP-05-022 CUP-05-030 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Four (4) building lots on 1.74 acres and Conditional Use Permit (CUP) Approval for a Commercial Planned Development with reductions to the minimum requirements for street frontage, in a L-O zone for Woodpenn Subdivision, by Pennwood III, LLC. Case No(s). PP-05-022, CUP-05-030 For the City Council Hearing Date of: July 26, 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 propeliy owners or purchasers of record within three hundred feet (300') of the extemal boundaries of the property. The notice of public hearing before the City Council was posted upon the propelty under consideration more than one week before said hearing, All other noticing was done consistent with Idaho Code g67- 6509. The matter was duly considered by the City Council at the July 26, 2005, public hearing(s). The applicant, affected propelty 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. b. Wlitten 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. d, The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code gS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing I 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-05-0I I, CUP-05-013 - PAGE] of4 a, In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the propeliy owner(s) of record at the time of issuance of these findings is Troutner Business Park Development COl1JOratiol1. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (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 S 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 ifthe 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 Depmiment and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Platl 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 S 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 Pre1iminary Plat dated April 15, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO{S). PP-05-0 11, CUP-05-0 13 - PAGE 2 of 4 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.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis, Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time pedod 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 S 67-652] 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 pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52} Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat/Site Plan Exhibit C: Conditions of Approval Exhibit D: Required Findings for Preliminary Plat/Conditional Use Permit By ~1~ City Council at its regular meeting held on the b1 ,2005. ! / -I!:: day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED 116~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). PP-05-011, CUP-05-013 - PAGE 3 of 4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED$V VOTED~ COUNCIL MEMBER KEITH BIRD - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~ ~d/< Attest: J!~,P~ ~. William G. Berg, Jr., City lerk and City Attorney. By: City Clerk's Office ShtlJ}mJnc'~ Dated: /()- 11-00- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &QRDER CASE NO(S). PP-05.0I I, CUP-05.013 - PAGE 4 of 4 EXHIBIT A Woodpenn Subdivision PP-05~022, CUP-05-030 Legal Description r~~~ YALLEH~@l~f~ ./~ C/lII ,--f,-\:H ,~n:jnU1--n F"~N,\f.-/;nJ\"{," '1\:1J L'I:"\if} ,'itNllI/W; Lot 10, Block 1, Troutner Park Subdivision Job No 05007 4/12/2005 land in lal 10, 810ck 1 of Troutner Park SUbdivIsIon, as per the Plat thereof, in Book 75, at Pages 7762-7764, Ada County Plat Records, within the NEl/4 of SectJon 13, T3N, R1E, 8M. City of Mendian, Ada County Idaho, described as follows COMMENCING at the Northwest Corner of said NE1/4 (North 114 corner of Section 13). marked by a brass cap as per ct>lner perpetuat,on record, Ins\ No 98117248; thence, along the North Line of said Section 13, South 89'15'42" East, 966,57 feet. thence South 00"52'49' West 45.00 feel, 10 the Northeast Corner of l011, Block 1 of said Subdivision; thence along the boundary of said subdIVISion the follOWing three (3) calls, 1 Soulh 00'"52'49' West. 56880 feet; 2, North 71"25'40" East. 31712 feet, 3, South 00052'45" West. 80235 feet, to the Northwest corner of said La! 10, and to a se15!8 inch rebar I'IIlh a plastic survey cap marked "PLS 10782" and the POINT OF BEGINNING, thence along the North Une of said Lot 10, South 89010'56" East, 32302 feet, to a set 5/8 inch rebar With a plastiC survey cap marked "PLS 10782"; thence, continuing, South 89"10'56" East. 2,00 feel. to a pOint on the westerly right-of-way of SW 51" Avenue and Ihe Northeast corner of said Loll0, thence, along said righl-of"way. South 00"53'16" West 23880 feet. 10 the Southeasl corner of said Lot 10, thence North 69006'44" West, 2,00 feet, to a set 518 lOch rebar with a plastic survey cap marked "PLS 10782" and a witness corner; thence, continwng, North 89"06'44<> West. 292,98 feet, to a pOint on the eastedy right"of-way of Pennwood Street, also being an angle point on fhe bO~lndary of said Lot 10, and a set 518 inch rebar with a plastic survey cap marked "PlS 10782"; thence, along said right-of-way and boundary. North 00"52'45" East, 52,57 feat, to a found 518 inch rebar with a plastic survey cap marked "PLS 2394", thence, North 89"06'44" West, 30,00 feet, to a found 518 incll rebar Wllh a plaslic survey cap marked "PLS 2394"; thence North 00"52'45" East, 185 83 feet. to the POINT OF BEGINNING. Containing!,74 acres. more or less, and subject to any easements or rights-of-way of record or other.wse existrn9 l}~'il...tln.~ \ :dk\ r l1!!uto;j,:t',< 'fh' <:'f~;~~i I t Ul1t,iJ(' 1\.1 >":'.' >'1 'J.j~;T; LL'!.l'~ ') .~,~ '1\1>.<.. i Y':i! !~, 11.:n J . ~ I ',{ > :., 1 ;', J \ 1.'~ !.=q,'\,!i~~".1 k;[i('o'!'.:,l.'IC, 1'.1JGFrU.l11111;:'t Bll').m::-~:i Piltk'tUI,Jlt'log"\':imH'f,rl;"ll'-f:CluJ-JI5{ri)7 l-.:pJ t.'J{J(' II,) II! !>!~ II >~;:-; c5~~ ~~_!-'J V::i.:;" .. jifj!; 5;::~g3 ~ ~kJ=~E c...~~~ ~~~ 0;"' ~'Ei --- ,,,,. t ~ EXHIBIT B Woodpenn Subdivision PP-05-022, CUP-05-030 Preliminary Plat/ Site Plan "lir .fl~~( '<~~~I ~ ~~~:{ ~!r in; ~~ jf _" ~~ ;.:~t ~4!l~ ~iI =$ I;:~ . l'i;' [hi ,,1"1 ., rlll'i :. .,~ fli' ,. J. ~.-l Iii'!!!: ,tfl,'j, li'ilj'M !ibid1g " ~ ~ " '" " ~ ;;" P -~~, -1- r~ ~ '" ~ ~ s ~ 1 j;' rfD' j ::: ..,'''1;-';: .... 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The applicant shall be required to place the required ten foot (10') street buffer along SW 5th Avenue within an easement in favor of the Business Owner's Association. 2. If pennanent perimeter 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 pennit. 3. Sanitary sewer is being proposed via extension of services from existing mains in S.W. 5th avenue, and the common lot abutting the south property line of this development. In the event that the depth of the sewer makes the installation of services to be unacceptable, the applicant shall be responsible to design and install any mains necessary to provide service, and to coordinate main sizing and routing with the Public Works Depmiment. 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 :fi:om finish grade to the top of the pipe. If cover is less than 3-feet fiom the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 4. Water service to this site is being proposed via an extension of water mains located in S.W. 5th Avenue. The applicant shall construct all water mains necessary to serve this proposed development and to coordinate main size and routing with the City of Meridian Public Works, Applicant shall execute City of Meridian standard fonus of easements, for any mains that are required to provide servIce. 5, Underground year-round pressurized irrigation must be provided to all lots within this development. Pressure irrigation is being proposed via service extensions fi.'om an existing main owned and operated by Nampa and Meridian Irrigation District. The existing pressure inigation main already has a year-around back up in the fann of a single point cOlmection to the city's culinary water system, If any additional connections to the City of Meridian's water system are installed for irrigation purposes, the applicant shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat. 6, The seepage bed located between Lot 4 and Lot 5 is within 20 feet of the building shown on Lot 4. DEQ regulations state that there must be a 20-foot minimum separation between an underground drainage facility and any building. The applicant shall make the necessary adjustments to confonn to DEQ regulations, 7. The applicant shall establish a Business Owner's Association for the ownership and maintenance ofthe common lots, 8. All conditions of the current Conditional Use Permit (CUP-05-030) application shall also be considered conditions of the Preliminary Plat (PP-05-022). STANDARD CONDITIONS- PRELIMINARY PLAT 1. All grading of the site shall be perfonned 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 storID 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. Stonn 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 an necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells, 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 iITigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Depmtment. If lateral users association approval cannot be obtained, altemate plans will be reviewed and approved by the City Engineer prior to final plat signature. 5. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 6. Applicant shall be responsible for application, compliance with, and NPDES Permitting that may be required by the Environmental Protection Agency. 7. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 8, Coordinate fire hydrant placement with the City of Meridian Public Works Depmiment. 9. Two-hundred-fifty and one~hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Depmiment. 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 dete1111ined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and penuit from the Public Works Department prior commencing installations. IO. 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. 11. 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. 12. 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. 13. 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 final plat per Resolution 02-374. 14. 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. 15. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 16. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 17. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). 18, 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 lOa-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 design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. 19. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 20. 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. 21. 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. 22. 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 current Preliminary Plat (PP-05-022) application shall also be considered conditions of the Conditional Use Permit (CDP-05-030). 2, The applicant shall be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot, or increase the sidewalk width to seven feet (7') and reduce the parking space length to nineteen feet (19'), 3. Approved reductions to dimensional standards: Lots 4 and 5 are approved with 0 feet (0') of frontage on a public road. 4. Required amenities: The seating plaza located at the west end of the parking lot and the landscaped open space as depicted on the landscape plan, dated 4/15/05 by JOT Architecture, are approved as the two (2) required amenities for the Planned Development. These amenities shall be constructed per the submitted plans (with any changes required by the Commission or Council). 5. The construction of the proposed office buildings shall substantially comply with the elevations (dated 4/15(05) 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 Unif01TI1 Building Code. If any significant 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, 6. 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 pennits. Temporary or pOliable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 7. The building and site improvements shall be constructed per the approved plans with all modifications required by this application. 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 confonn to the requirements of the Americans with Disabilities Act. 3. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas, Stonnwater 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization plior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wens. 4. No building or other structure shall be erected, moved I 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 (M CC 11-19-1). 5. A building penuit shall be obtained prior to the start of construction, 6. 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 fonn 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. 7. 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 pali of a Conditional Use Pennit, the City of Meridian may impose additional restri ctions/ condi tions. Othe.' Agencv/Department Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. 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 POLICE DEPARTMENT 1, The south fac;ade shall be modified to include windows that look onto the parking areas and/or other public areas. 2. The proposed office development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed, 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed, 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 'l2" 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 penuits. 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 DI03.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 6, Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible conshuction 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 4 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Melidian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a repOlt 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. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox ently system for the complex prior to occupancy. 11, The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 12. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 13. Provide exterior egress lighting as required by the h1ternational Building & Fire Codes. 14. 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 (183 111). 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). 15, There shall be a fire hydrant within 100' of all fire department connections. 16. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D 105, EXHIBIT D Woodpenn Subdivision PP-05-022, CUP-05-030 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.0 of Meridian City Code read as follows: In detennining 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 cUlTently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned L-O (Limited Office). In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropliate public uses such as govemment offices. 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); . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective 0, Action item 5) The applicant has proposed extensive landscaping for the site, including a larger than required land use btiffer separating this development from the adjoining residential neighborhood to the west. . "Pennit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) This is an inflll development site and is readily serviceable by City of Meridian's sanitary sewer and water systems. Meridian Fire and Police have commented that they can serve the property. . "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses. (Chapter VII, Goal I, Objective B, Action item 5) The subject property is zoned L-O (Limited Office) and provides a low impact transition FOIn the C-G zoned properties to the east to the residential properties to the west. 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 repOli, 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 SW 5th A venue via the one proposed access point. The City of Meridian Fire and Police Departments cUITently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to sUITounding properties, City sewer and water services are currently available to this site via existing mains in SW 5th Avenue and the common lot abutting the south property line. The applicant will be responsible to construct sewer mains to and tIu'ough this proposed development. The applicant shall coordinate main sizing and routing, for any mains required to provide service, with the Public Works Department. Applicant shall execute City of Meridian standard fonus of easements, for any mains that are required to provide service. On May 27, 2005, a joint agency/depaltment comments meeting was held with representatives of key service providers to this propelty. 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 iITigation, for the development at their cost, City Council finds that the subdivision will not conflict with the capital improvement program, D. 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. City Council 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 find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 86 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 53 parking stalls (21,000s.f building/400 = 53 stalls) on the propelty. 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 lTImmer 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 of the 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 20-foot long parking stalls with 6-foot sidewalks. The applicant should be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot, or increase the sidewalk width to seven feet (7') and reduce the parking space length to nineteen feet (19'). 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 developer of Troutner Business Park Subdivision installed the required sidewalk adjacent to SW Slh Avenue and the landscaping cunently existing along the western boundary of this site. The applicant is required to provide additional landscaping within the parking areas and a lO-foot landscaped street buffer along SW 5th Avenue. The applicant should be required to place the proposed street buffer within an easement in favor of the Business Owner's Association. (See Preliminary Plat Site Specific Condition #1). Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. 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 Ordinancc; This site is designated as "Commercial') on the Comprehensive Plan Future Land Use Map and zoned L-O. City Council finds that if the applicant complies with the conditions included in this repOlt) the building configurations and overall design of the development would be in general confonnance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Fmther, 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. See further discussion under Preliminary Plat Analysis Item "A" above. 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, and office uses. Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. D. That the proposed use~ if it complies with all conditions of the approval imposed, will not adversely affect other property in thc 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 facilitics 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 subject property can be served adequately by all essential public facilities and City services. See f1.lrther discussion under Preliminary Plat Analysis Item "B" above. 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; If approved, 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 of the property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parceL City Council finds that the proposed use and associated approaches will not create interference with any traffic on the sun'ounding public streets. Please refer to the ACHD report for further detail on traffic issues. 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 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.