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HomeMy WebLinkAboutMallane CUP 03-068BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-02-04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR OFFICE AND COMMERCIAL USES IN THE C-G ZONE, LOCATED NEAR THE INTERSECTION OF FAIRVIEW AVENUE AND HICKORY WAY, JUST EAST OF THE LOUIE'S RESTAURANT SITE, MERIDIAN, IDAHO Case No. CUP-03-068 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT THOMAS R. WILLIAMS, APPLICANT The above entitled conditional use permit application having come before the City Council on March 2, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, David Waldron, Rod Cullen and John Anderson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 20 A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 2, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 2, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirerrtents set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an C-G zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located near the intersection of Fairview Avenue and Hickory Way, just east of the Louie's Restaurant site, Meridian, Idaho. 5. The owners of record of the subject property are Ron and Sari Trompke, and they have given their consent for the applicant to submit the requested conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 20 6. Applicant is Thomas R. Williams, 2127 Overland Road, Boise, Idaho 83705. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit for office and commercial uses in the C-G zone. A Conditional Use Permit is required for all lots in the Mallane Subdivision per note 4 on the final plat. 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due considerafion to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 3 OF 20 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. A1190-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Handicap pazking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 3. All subdivision improvements, including landscaping and the wall, must have an active bond prior to release of building permits for the project; and all said improvements .must be complete prior to occupancy of the structure. 4. The project shall maintain cross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 5. The following modifications are required to the landscape plan. • Modify the street buffer landscaping along Hickory Way to reflect the landscaping approved with the final plat. • Add trees in all landscape planters in conformance with the Landscape Ordinance. • Landscape the future development area with at least grass or other vegetative groundcover. The grass will not be required in the future development area if a tenant for the future development has been secured prior to occupancy of the currently proposed structure. 6. The future expansion is approved with the layout shown on the revised plan dated 1/29/04. Elevations of the future expansion shall be similar to the elevations and materials provided for the first phase of the building, and will be subject to design review by P&Z staff. Any major change shall require a sepazate CUP process. Curbs shall be added along the south side of the parking lot and continue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. A temporary extruded curb will be allowed in these areas until a tenant has been secured for this future development area, and therefore prior to occuaancv of the currently proposed structure, the applicant shall either provide the temporary curb or provide documentation between the applicant and the tenant that they have secured a tenant. If no tenant is secured, then the applicant shall Qrass and maintain the area until a tenant is secured. (Per Citv Council action at their March 2, 2004 meetina.l The sidewalk that ends at the north edge of the pazking azea shall be continued north to connect with the sidewalk along Hickory Way. 8. Sanitary sewer and water service shall be from main lines being installed on the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 4 OF 20 9. All exterior lighting, whether attached to the building or located within the pazking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 10. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate permits. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A Certificate of Zoning Compliance (CZC) for the project shall be required prior to application for building permits. 13. 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 azeas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 14. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 15. Incorporate the two Special Recommendations in the ACHD staff report, page 5, as conditions of approval on this application. B. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: Add an approach to the trash enclosure that will allow SSC trucks to access the enclosure without a vehicle pazked in front of it. 2. Design the enclosure per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTP PAGE 5 OF 20 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/=" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. 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. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Insure that all yet undeveloped pazcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have pazking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. D. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of approval for MPP00-021/MRZ00-007 (Mallane Commercial Complex). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 6 OF 20 Special Recommendations to the City of Meridian: 1. hi order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACRD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. E. Adopt the Recommendations of Central District Health Department as follows: 1. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storrnwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For Clarification: 1. The applicant has modified the trash enclosure by providing a lane for the garbage trucks, as well as adding landscape islands which will have trees in each of the islands. 2. For the first phase of development, the appropriate amount of parking has been provided for. When the future development is completed all remaining parking, paths, sidewalks and curbing shall be constructed. 3. The site runoff has temporarily been provided for and im the future, upon build-out of the property, the applicant's civil engineer shall provide for a permanent on-site location for said runoff. 4. The applicant shall construct the appropriate number of parking stalls, which shall be 25 parking stalls with 19 foot lanes. 5. Pertaining to the Staff Report under Special Considerations number 2. and especially relating to the bond for the landscaping being expired, the applicant shall either renew the bond or have the subdivision improvements completed prior FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 7 OF 20 to issuance of a building permit. All other Special Considerations under number 2. Landscaping of the Staff Report shall remain in their entirety. 13. The applicant, Thomas R. Williams on behalf of Trinity Home Mortgage, has requested approval of a conditional use permit for a new 5,400 square foot office/retail building. The subject property was rezoned on 5/20/03 to C-G as part of the Mallane Commercial Complex, file number RZ-03-001. The property was platted at the same time as Mallane Subdivision, file number FP-03-001. The final plat was recorded on 10/1/03. The proposed project is on Lot 5, Block 1 of Mallane Subdivision. A conditional use permit is required for all lots in the subdivision per note 4 on the final plat. The conditional use process was required in order to give the City an opportunity to consider potential impacts to the adjacent Dove Meadows Subdivision. It is found that the proposed building is in substantial compliance with the concept plan submitted with the plat and it is not anticipated that there will be significant negative impacts on the neighboring subdivision. 14. It is found that the site is large enough to accommodate the required open spaces, pazking, landscaping and other features required by the ordinance. Several site modifications will need to be made to the landscaping and parking plans in order to be in compliance with the MCC, as detailed under site specific conditions of the staff report. 15. The Comprehensive Plan Land Use Map designates the property as "Commercial" and it is currently zoned C-G. It is found that the requested use is in compliance with the approved Future Land Use Map and the CUP project will be in compliance with the MCC. 16. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The site is intended for commercial development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 8 OF 2l1 per the Comprehensive Plan and existing zoning designations. Given the scale and orientation of the building, it is not believed that it will pose an adverse impact on the surrounding neighborhood. The required improvements for Mallane Subdivision, including landscape buffers and a block wall adjacent to Dove Meadows, shall be in place prior to occupancy of the proposed building or the applicant shall have the landscape bond renewed. 17. It is not anticipated that the proposed development will adversely affect the adjacent neighbors. The scale of the development should minimize impacts on the surrounding neighborhood. 18. It is found that the proposed development can be adequately served by the essential public facilities and services. Sewer, water, fire hydrants, etc. were all installed as part of the subdivision improvements. 19. It is found that the proposed office/commercial use will not be detrimental to the economic welfaze of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. It is found that no smoke, fumes, glare or odors will result from the proposed use. The ACHD report for this project is a "comply with" Mallane Commercial Complex. No new trip generation estimates have been calculated for the project, but it will be a fraction of the 2000 trips planned for the overall development. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Curb cuts for the subdivision were previously approved and constructed; the proposed project will be using the approved curb cut locations. Review of the ACHD report for this project will provide for additional information regazding this project. Hickory FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 9 OF 20 Way is classified as a Collector and is designed to accommodate additional trips. 22. There are no natural or scenic feature(s) of major importance in the area that maybe affected by the proposed development. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standazds are met and that the proposed development: (Meridian City Code § 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 10 OF 20 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; 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and 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. 5. Prior to granting a conditional use permit in the C-G zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 11 OF 20 recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 12 OF 20 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for office and commercial uses in the C-G zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. A1190-degree pazking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to pazking shall be at least 25 feet wide. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 3. All subdivision improvements, including landscaping and the wall, must have an active bond prior to release of building permits for the project; and all said improvements must be complete prior to occupancy of the structure. 4. The project shall maintaincross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 5. The following modifications are required to the landscape plan. • Modify the street buffer landscaping along Hickory Way to reflect the landscaping approved with the final plat. • Add trees in all landscape planters in conformance with the Landscape Ordinance. • Landscape the future development area with at least grass or other vegetative groundcover. The grass will not be required in the future development area if a tenant for the future development has been secured prior to occupancy of the currently proposed structure. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 13 OF 20 6. The future expansion is approved with the layout shown on the revised plan dated 1/29/04. Elevations of the future expansion shall be similar to the elevations and materials provided for the first phase of the building, and will be subject to design review by P&Z staff. Any major change shall require a separate CUP process. 7. Curbs shall be added along the south side of the parking lot and continue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. A temporary extruded curb will be allowed in these areas until a tenant has been secured for this future development area, and therefore prior to occupancy of the currently pCOposed structure, the applicant shall either provide the temporary curb or provide documentation between the applicant and the tenant that they have secured a tenant. If no tenant is secured. then the applicant shall Brass and maintain the area until a tenant is secured. (Per City Council action at their March 2, 2004 meeting.) The sidewalk that ends at the north edge of the parking area shall be continued north to connect with the sidewalk along Hickory Way. 8. Sanitary sewer and water service shall be from main lines being installed on the property. 9. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 10. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate permits. 11. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 12. A Certificate of Zoning Compliance (CZC) for the project shall be required prior to application for building permits. 13. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standazds and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 14. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 14 OF 20 Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 15. Incorporate the two Special Recommendations in the ACHD staff report, page 5, as conditions of approval on this application. B. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: Add an approach to the trash enclosure that will allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosure per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. C. Adopt the Recommendations of the Meridian Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 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. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 15 OF 20 8. The roadways shall be built to Ada County Highway Standazds 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. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. D. Adopt the Recommendations of ACRD as follows: 1. Comply with the conditions of approval for MPP00-021/MRZ00-007 (Mallane Commercial Complex). Special Recommendations to the City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. E. Adopt the Recommendations of Central District Health Department as follows: 1. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their March 2, 2004 meefing as follows: For Clarification: 1. The applicant has modified the trash enclosure by providing a lane for the garbage trucks, as well as adding landscape islands which will have trees in each of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 16 OF 20 islands. 2. For the first phase of development, the appropriate amount of parking has been provided for. When the future development is completed all remaining parking, paths, sidewalks and curbing shall be constructed. The site runoff has temporarily been provided for and in the future, upon build-out of the property, the applicant's civil engineer shall provide for a permanent on-site location for said runoff. 4. The applicant shall construct the appropriate number of parking stalls, which shall be 25 parking stalls with 19 foot lanes. 5. Pertaining to the Staff Report under Special Considerations number 2. and especially relating to the bond for the landscaping being expired, the applicant shall either renew the bond or have the subdivision improvements completed prior to issuance of a building permit. All other Special Considerations under number 2. Landscaping of the Staff Report shall remain in their entirety. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the condifional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 20 satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 18 OF 20 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 maybe 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. By action of the City Council at its regular meeting held on the ~ ~ day of <~~ 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED__~~ COUNCILMAN BILL NARY VOTED~/~- COUNCILMAN CHARLIE ROUNTREE VOTED~~- COUNCILMAN KETI'H BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: Q¢ MOTION: APPROVED: DISAPPROVED: Attest: William G. Berg, Jr., FINDINGS OF FACT AND CONC GRANTING CONDTTIONAL USE tt,~~`"~'I'nllu",,,"~~r~~ ~~~/Mayor T de Weer CT-~"~rcc ,~ ~% ~ o SEAL ~° ~O„y ~T tsz , ~ +~~($~('C4~' t~~~fiRll lUtfittt` PAGE 19 OF 20 AND ORDER Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: ~cl~.--~~ Dated: ~ ~© City Clerk Z:\Work~Y1\NIeddianN9eddian 15360M5Mallane Professional Offices CUP-03-D68\F'fCIsCUP03-068.doc ``~15111N11111/!!!! o~`~y OF -~F,nj~'la,, 1~ .~A ~! ~~+ ~~( _ ' 9~~GC~r isj •,9o~.ro c ,; ~~~ ~"ra : 71 i ,1155`5. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 20 OF 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/02/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR OFFICE AND COMMERCIAL USES IN THE C-G ZONE, LOCATED NEAR THE INTERSECTION OF FAIRVIEW AVENUE AND HICKORY WAY, JUST EAST OF THE LOUIE'S RESTAURANT SITE, MERIDIAN, IDAHO THOMAS R. WILLIAMS, APPLICANT Case No. CUP-03-068 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on March 2, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for office and commercial uses in the C-G zone, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission, as follows: This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 1 OF 8 2. A1190-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11- 13-4.F. All two-way drive aisles adjacent to parking shall be at least 25 feet wide. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 3. All subdivision improvements, including landscaping and the wall, must have an active bond prior to release of building permits for the project; and all said improvements must be complete prior to occupancy of the structure. 4. The project shall maintaincross-access across the property, in conformance with the recorded cross-access agreement, instrument number 102056607. 5. The following modifications are required to the landscape plan. • Modify the street buffer landscaping along Hickory Way to reflect the landscaping approved with the final plat. • Add trees in all landscape planters in conformance with the Landscape Ordinance. • Landscape the future development area with at least grass or other vegetative groundcover. The grass will not be required in the fixture development area if a tenant for the future development has been secured prior to occupancy of the currently proposed structure. 6. The future expansion is approved with the layout shown on the revised plan dated 1 /29/04. Elevations of the future expansion shall be similar to the elevations and materials provided for the first phase of the building, and will be subject to design review by P&Z staff. Any major change shall require a separate CUP process. 7. Curbs shall be added along the south side of the parking lot and continue south along the drive aisle, connecting to the existing curb and then continuing east out to Hickory Way. A temporary extruded curb will be allowed in these areas until a tenant has been secured for this future development area, and therefore prior to occuaancv of the currently proposed structure, the applicant shall either provide the temporary curb or provide documentation between the applicant and the tenant that they have secured a tenant. If no tenant is secured, they the applicant shall Brass and maintain the area until a tenant is secured. (Per City Council action at their March 2. 2004 meetine.l The sidewalk that ends at the north edge of the parking area shall be continued north to connect with the sidewalk along Hickory Way. 8. Sanitary sewer and water service shall be from main lines being installed on the property. 9. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 2 OF 8 properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 10. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage shall require sepazate permits. 11. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 12. A Certificate of Zoning Compliance (CZC) for the project shall be required prior to application for building permits. 13. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 14. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 15. Incorporate the two Special Recommendations in the ACHD staff report, page 5, as conditions of approval on this application. B. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: 1. Add an approach to the trash enclosure that will allow SSC trucks to access the enclosure without a vehicle pazked in front of it. 2. Design the enclosure per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. ORDER CONDTTIONAL USE PERMIT (CUP-03-068) PAGE 3 OF 8 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" 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. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. 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. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. D. Adopt the Recommendations of ACHD as follows: ORDER CONDITIONAL USE PERNIIT (CUP-03-068) PAGE 4 OF 8 Comply with the conditions of approval for MPP00-021/MRZ00-007 (Mallane Commercial Complex). Special Recommendations to the City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportafion Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. E. Adopt the Recommendations of Central District Health Department as follows: Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For Clarification: 1. The applicant has modified the trash enclosure by providing a lane for the garbage trucks, as well as adding landscape islands which will have trees in each of the islands. 2. For the first phase of development, the appropriate amount of parking has been provided for. When the future development is completed all remaining parking, paths, sidewalks and curbing shall be constructed. 3. The site runoff has temporarily been provided for and in the future, upon build-out of the property, the applicant's civil engineer shall provide for a permanent on-site location for said runoff. 4. The applicant shall construct the appropriate number of parking stalls, which shall ORDER CONDTPIONAL USE PERMIT (CUP-03-068) PAGE 5 OF 8 be 25 parking stalls with 19 foot lanes Pertaining to the Staff Report under Special Considerations number 2. and especially relating to the bond for the landscaping being expired, the applicant shall either renew the bond or have the subdivision improvements completed prior to issuance of a building permit. All other Special Considerations under number 2. Landscaping of the Staff Report shall remain in their entirety. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and wuncil a construction schedule and completion date for the project. If the complefion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 6 OF 8 extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 maybe 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. ORDER CONDITIONAL USE PERMIT (CUP-03-068) PAGE 7 OF 8 By action of the City Council at its regular meeting held on the 6 ~~ day of ~ Z , 2004. Attest: illiam G. Berg, Jr., C y 1~ Copy served upon Applicant, and City Attorney. de 9 A~ ~~'sr tsz , By: .G~-~ Dated: City Clerk Public Works Department .~ ~" o ~~7~~~ ~ ~ Z:\WodNN\Meridian\Meddian I5360M~Mallane Prot'essional Offices CUP-03-068\Orde~CUP.doc ORDER CONDTTIONAL USE PERNIIT (CUP-03-068) SEAL - L 7~ ~ O ~'~~r,ilLdi tili{I\t{\~\ PAGE 8 OF 8