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HomeMy WebLinkAboutTroy Place Subdivision CUP-04-003 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 05/11104 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR CONSISTING OF TWO FOUR- PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN AN R-15 ZONE FOR TROY PLACE SUBDIVISION, LOCATED ON THE EAST SIDE OF EAST 2 Yz STREET, GENERALLY EAST OF MAIN STREET AND APPROXIMATELY 1,300-FEET SOUTH OF F AIRVIEW A VENUE, IN SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO Case No. CUP-04-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PPN, LLC, APPLICANT The above entitled conditional use permit application having come before the City Council on May 11, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Shawn Nickel, and Tom Stephens, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 28 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 1. 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 May II, 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 May II, 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 requirements set forth in Idaho Code §67-6S09, 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 R-15 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 28 Council on this application. 4. The property is located on the east side of East 2 Y, Street, generally east of Main Street and approximately 1,300-feet south of Fairview Avenue, in Section 7, Township 3 North, Range I East, Meridian, Idaho. 5. The owners of record of the subject property are Troy and Tawnee Palmer, and Troy Palmer has provided notarized consent for the subject application. 6. Applicant is PPN, LLc. 7. The subject property is currently zoned R-IS. The zoning district ofR-15 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 a Planned Development including two (2) four-plexes and one (I) tri-plex. The Planned Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses and exceptions, including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. Plan. 10. The proposed application is in compliance with the Meridian Comprehensive 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 II 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE30F28 12. Giving due consideration to the comment received ITom 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 ofthe 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 Special Recommendations of the Planning and Zoning Commission as follows: I. Approve the revised site plan ITom Anderson David, dated March II, 2004, with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan (see site specific condition #16 below). 2. Add a site specific condition requiring additional evergreens shrubbery on the north side of the property, adjacent to the existing single-family home (see site specific condition #17 below). B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the previously approved, CUP-03-038, and concurrent PreliminarylFinal Plat (PFP-04-001) shall also be considered conditions of the subject Conditional UsePerrnit (CUP-04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot ITont, 9- foot rear, and 6-foot side (the ITont orientation of the building on Lot 4, Block I, shall be west; the ITont orientation of the buildings on Lots 2 and 3, Block I, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square- feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 28 4. There shall be no minimum ITontage requirement for the lots within the development. S. Access to the development shall be provided ITom a 2S-foot wide (minimum) common drive aisle off2Y2 Street. The cross section of the drive aisle shall be built to ACHD standards for weight bearing purposes. 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of7Y2 feet-wide (minimum) by IS-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 7. The east leg of the common driveway is longer than ISO-feet and requires a Fire Department approved turnaround. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved turnaround at the east end of the development. All curbing adjacent to a turnaround areas shall be painted red and signed "No Parking Fire Lane". 8. As amenities for the planned development, construct a basketball court and a barbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, ANDIOR within the CCR's. 9. Provide common open space that equals or exceeds ten percent ofthe gross land area for the development (excluding the landscape buffer on 2 y2 Street). Provide landscaping within the common open space in accordance with MCC 12-13-16-5. 10. Provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. II. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission. 12. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZe) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-I.C. 13. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 28 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) 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, amenities, sewer, water, etc. 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three-inch (2") caliper in size. 16. The revised site plan ITom Anderson David, dated March 11, 2004, is approved with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan. 17. Install additional evergreen shrubs on the north side of the property, adjacent to the existing single-family home. Coordinate the design of the landscaping adjacent to the existing single- family home with Meridian Planning and Zoning staff. GENERAL REOUIREMENTS I. 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 II-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. 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. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 28 S. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-IC. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. 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 II 0% 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. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeITame, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct curb, gutter, S-foot wide concrete sidewalk and match paving on 2 Y2 Street abutting the parcel. Improvements shall be constructed to one-half of a 36- foot street section. 2. Utilize the existing access into the site located S-feet south of the northern property line and pave the driveway its full width of 2S-feet as proposed and at least 30-feet into the site beyond the edge of pavement of 2 Y2 Street. This location meets District policy and is approved with this application. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 28 2. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 28 the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. A fire hydrant will be required to serve this development. Final Approval of the fife hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," 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'. 2. 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. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. S. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". E. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. S. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 28 F. Adopt the Recommendations of the Meridian Parks Department as follows: I. Standards for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Sanitary Services Company(SSC) as follows: I. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 feet ITontal clearance for such containers. 2. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. S. Waste enclosure bumpers or stops: Prior to issuance ofa certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container ITom damaging enclosure walls and gates. 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the &ont gates. This will ensure less mess in the enclosure as well as reduce gate damage. H. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. If any surface drainage leaves the site, the N ampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 28 I. Adopt the Recommendations ofthe Meridian Police Department as follows: 1. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 2. The north façade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submit a revised landscape plan that demonstrates the following: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shall allow visibility ITom the street or shall not exceed three feet in height if solid fencing is used. (See paragraph K.I. hereinbelow.) J. Adopt the Recommendations/Comments of Joint School District No.2 as follows: I. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Troy Place Subdivision will have a significant impact on school enrollments at Meridian Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house two (2) elementary aged children, one (I) middle school aged child, and one (I) senior high aged student. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. K. Adopt the action of the City Council taken at their May II, 2004 meeting as follows: I. The revised Landscape Plan submitted by the applicant dated April 8, 2004 is hereby approved. 2. The applicant shall continue to work with the neighbor Tom Stephens concerning the actual pin placement of the property between the two properties. 13. On the submitted site plan, the applicant has shown enough parking to accommodate the proposed uses. Although the site is large enough to accommodate all the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 28 development standards. Relief ITom the frontage, setback, driveway, and lot size standards were specifically requested in the conditional use permit (CUP/PD) application. It is found that none of the proposed lots meet the frontage, setback, or lot size standards of the R-15 zone. Staff is supportive of the requested lot ITontage, setback, driveway, and lot site deviations because all of the proposed buildable lots within the subdivision have access to the common parking/drive lot and the proposed lots can accommodate the proposed building envelopes with a modification to the standard setbacks. Meridian City Code 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent of the gross land area. Common open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. At a minimum, common open space lots shall include one deciduous shade tree per 8,000 square feet and lawn, either seed or sod (MCC 12-13- 16-5). In addition to the common open space requirement, Meridian City Code 12-6-2.A.4 states that all residential planned developments shall provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development and Alternative Compliance processes. 14. It is found that the proposed development is harmonious with the current Comprehensive Plan Land Use Map (2002) which designates the property as "High Density Residential". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 28 It is found the development plan is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the Site Specific and General Conditions contained in the Staff Report. 15. It is found that the proposed apartment houses will be compatible with other uses in the neighborhood and with the intended character ofthe general vicinity, which is essentially a mix of residential and commercial uses. 16. It is not anticipated 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. 17. The subject site has adequate access to Fairview Avenue and Main Street via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. It is found that the proposed development is currently adequately served by the essential public facilities and services listed in paragraph 12 hereinabove. 18. Because this is an infill site and because public facilities and services are provided to the site and the surrounding vicinity currently, it is found that the proposed use will not be detrimental to the economic welfare of the community, nor will it create the need for any new facilities or services to be paid for by the public. 19. This development is estimated to generate 29 additional vehicle trips per day (18 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The proposed residential use is consistent with the existing residential use on the site. It is not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 28 anticipated that the proposed use, 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 residential use. 20. The applicant is proposing to construct a new 2S-foot wide driveway off East 2 Y2 Street, located near the site's north property line. ACHD staffhas reviewed and approved this one vehicular approach to the site. It is found that the proposed use and associated approach will not create significant interferences with any traffic on the surrounding public streets. 21. There appears to be no natural, scenic or historic features in the general vicinity of this project. It is found that no site improvements associated with the conditional use application should damage natural, scenic or historic features in the area. CONCLUSIONS OF LAW 1. 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. §67-6S03). 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 Xl 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 28 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 standards 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; 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 ofthe 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, glare 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. s. Prior to granting a conditional use permit in the Medium High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 28 Residential District (R-IS), 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 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) 7. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 28 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. 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: 1. That the above named applicant is granted a conditional use permit for a Planned Development including two (2) four-plexes and one (1) tri-plex in an R-15 zone located on the east side of East 2 Y, Street, generally east of Main Street and approximately 1,300-feet south of Fairview Avenue, in Section 7, Township 3 North, Range I East, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: I. Approve the revised site plan ITom Anderson David, dated March II, 2004, with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan (see site specific condition #16 below). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 28 2. Add a site specific condition requiring additional evergreens shrubbery on the north side of the property, adjacent to the existing single-family home (see site specific condition #17 below). B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the previously approved, CUP-03-038, and concurrent PreliminarylFinal Plat (PFP-04-001) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot ITont, 9- foot rear, and 6-foot side (the ITont orientation of the building on Lot 4, Block 1, shall be west; the ITont orientation of the buildings on Lots 2 and 3, Block I, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square- feet. 4. There shall be no minimum ITontage requirement for the lots within the development. S. Access to the development shall be provided ITom a 25-foot wide (minimum) common drive aisle off2Y> Street. The cross section of the drive aisle shall be built to ACHD standards for weight bearing purposes. 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls may be constructed to a width of 7Y> feet-wide (minimum) by IS-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 7. The east leg of the common driveway is longer than ISO-feet and requires a Fire Department approved turnaround. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved turnaround at the east end of the development. All curbing adjacent to a turnaround areas shall be painted red and signed "No Parking Fire Lane". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT PAGE 18 OF 28 8. As amenities for the planned development, construct a basketball court and a barbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, AND/OR within the CCR's. 9. Provide common open space that equals or exceeds ten percent of the gross land area for the development (excluding the landscape buffer on 2\12 Street). Provide landscaping within the common open space in accordance with MCC 12-13-16-5. 10. Provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. II. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission. 12. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-I.C. 13. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature ofthe final plat(s) 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, amenities, sewer, water, etc. 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three-inch (2") caliper in size. 16. The revised site plan ITom Anderson David, dated March 11, 2004, is approved with additional requirements that a landscape island be constructed in the proposed parking area, to breakup the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan. 17. Install additional evergreen shrubs on the north side of the property, adjacent to the existing single-family home. Coordinate the design of the landscaping adjacent to the existing single- family home with Meridian Planning and Zoning staff. GENERAL REOUIREMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 28 I. 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 signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. 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. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance II-12-IC. 6. No building or other Structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) &om the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. 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 II 0% 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. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeITame, a new conditional use permit must be obtained prior to the start of development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 28 D. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. Construct curb, gutter, S-foot wide concrete sidewalk and match paving on 2 Y> Street abutting the parcel. Improvements shall be constructed to one-half of a 36- foot street section. 2. Utilize the existing access into the site located S-feet south of the northern property line and pave the driveway its full width of2S-feet as proposed and at least 30-feet into the site beyond the edge of pavement of2 Y> Street. This location meets District policy and is approved with this application. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 28 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fife 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'. 2. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 28 E. F. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. S. All curbing adj acent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of HeaIth & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. s. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Parks Department as follows: I. Standards for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. 1. 2. Adopt the Recommendations of the Sanitary Services Company (SSe) as follows: Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 feet ITontal clearance for such containers. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fiT PAGE 23 OF 28 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. 5. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container ITom damaging enclosure walls and gates. 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the ITont gates. This will ensure less mess in the enclosure as well as reduce gate damage. H. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 1. Adopt the Recommendations of the Meridian Police Department as follows: I. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 2. The north façade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submit a revised landscape plan that demonstrates the following: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shall allow visibility ITom the street or shall not exceed three feet in height if solid fencing is used. (See paragraph K.I. hereinbelow.) J. Adopt the Recommendations/Comments of Joint School District No.2 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 28 K. 1. The Meridian School District has experienced phenomenal.student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Troy Place Subdivision will have a significant impact on school enrollments at Meridian Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house two (2) elementary aged children, one (1) middle school aged child, and one (1) senior high aged student. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. Adopt the action of the City Council taken at their May 11,2004 meeting as follows: 1. The revised Landscape Plan submitted by the applicant dated April 8, 2004 is hereby approved. 2. The applicant shall continue to work with the neighbor Tom Stephens concerning the actual pin placement of the property between the two properties. § 11-17-9. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 28 Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. Ifthe successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 28 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ;2Sth day of Iìì1.LJ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED ~ COUNCILMAN BILL NARY VOTED~ VOTED~ COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-----====- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 28 DATED: 5-15-°4- MOTION: APPROVED:L DISAPPROVED:- Attest: ~~ 0 arnmy de eerd ,~'" "",-- "",~ Of M~""'", " :\' " ::>::>" c} 'jPRPOFl.1?:. % , ~A '" {~ ~ ~ Copy served upon the Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY:~O ~ 0 IN\ City Clerk's Office Dated: .:t. rI' \ :Jðo4- I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 28 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR CONSISTING OF TWO FOUR- PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN AN R-15 ZONE FOR TROY PLACE SUBDIVISION, LOCATED ON THE EAST SIDE OF EAST 2 Yz STREET, GENERALLY EAST OF MAIN STREET AND APPROXIMATELY 1,300-FEET SOUTH OF FAIRVIEW AVENUE, IN SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO PPN, LLC, APPLICANT 1. C/C 05/11/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-003 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on May II, 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 a Planned Development including two (2) four-plexes and one (I) tri-plex in an R-IS zone located on the ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 1 OF 12 east side of East 2 Y, Street, generally east of Main Street and approximately 1,300-feet south of Fairview Avenue, in Section 7, Township 3 North, Range I East, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: I. Approve the revised site plan ITom Anderson David, dated March 11,2004, with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan (see site specific condition #16 below). 2. Add a site specific condition requiring additional evergreens shrubbery on the north side of the property, adjacent to the existing single-family home (see site specific condition #17 below). B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the previously approved, CUP-03-038, and concurrent Preliminary/Final Plat (pFP-04-001) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot ITont, 9- foot rear, and 6-foot side (the ITont orientation of the building on Lot 4, Block I, shall be west; the ITont orientation of the buildings on Lots 2 and 3, Block I, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square- feet. 4. There shall be no minimum ITontage requirement for the lots within the development. S. Access to the development shall be provided ITom a 25-foot wide (minimum) common drive aisle off 2 Y, Street. The cross section of the drive aisle shall be built to ACHD standards for weight bearing purposes. ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 2 OF 12 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of 7\12 feet-wide (minimum) by IS-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 7. The east leg of the common driveway is longer than ISO-feet and requires a Fire Department approved turnaround. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved turnaround at the east end of the development. All curbing adjacent to a turnaround areas shall be painted red and signed "No Parking Fire Lane". 8. As amenities for the planned development, construct a basketball court and a barbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, AND/OR within the CCR's. 9. Provide common open space that equals or exceeds ten percent of the gross land area for the development (excluding the landscape buffer on 2\12 Street). Provide landscaping within the common open space in accordance with MCC 12-13-16-5. 10. Provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. II. Submit 10 copies ofa revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission. 12. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 13. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) 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, amenities, sewer, water, etc. ORDER CONDITIONAL USE PERMIT (CUP-O4-003) PAGE 3 OF 12 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three-inch (2") caliper in size. 16. The revised site plan ITom Anderson David, dated March 11, 2004, is approved with additional requirements that a landscape island be constructed in the proposed parking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan. 17. Install additional evergreen shrubs on the north side of the property, adjacent to the existing single-family home. Coordinate the design of the landscaping adjacent to the existing single- family home with Meridian Planning and Zoning staff. GENERAL REOUIREMENTS I. 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 signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. 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. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into 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. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-IC. ORDER CONDITIONAL USE PERMIT (CUP-O4-003) PAGE 4 OF 12 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeITame, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictionsl conditions. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 Y2 Street abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street section. 2. Utilize the existing access into the site located S-feet south of the northern property line and pave the driveway its full width of 2S-feet as proposed and at least 30-feet into the site beyond the edge of pavement of 2 Y2 Street. This location meets District policy and is approved with this application. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street ftontages abutting the site shall be borne by the developer. ORDER CONDITIONAL USE PERMIT (CUP-O4-003) PAGE 5 OF 12 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change trom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of ORDER CONDITIONAL USE PERMIT (CUP-04-003) PAGE 6 OF 12 the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. A fire hydrant will be required to serve this development. Final Approval ofthe fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," 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'. 2. 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. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Parking Fire Lane". E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDITIONAL USE PERMIT (CUP"04-003) PAGE 7 OF 12 5. The engineers and architects involved with the design of the subject project shall obtain Current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: I. Standards for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Sanitary Services Company (SSe) as follows: I. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 feet frontal clearance for such containers. 2. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. S. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container ITom damaging enclosure walls and gates. 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the ITont gates. This will ensure less mess in the enclosure as well as reduce gate damage. H. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. ORDER CONDITIONAL USE PERMIT (CUP-O4-003) PAGE 8 OF 12 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 1. Adopt the Recommendations of the Meridian Police Department as follows: I. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 2. The north façade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submit a revised landscape plan that demonstrates the following: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shall allow visibility ITom the street or shall not exceed three feet in height if solid fencing is used. (See paragraph K.I. hereinbelow.) J. Adopt the Recommendations/Comments of Joint School District No.2 as follows: I. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Troy Place Subdivision will have a significant impact on school enrollments at Meridian Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house two (2) elementary aged children, one (1) middle school aged child, and one (1) senior high aged student. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. K. Adopt the action of the City Council taken at their May II, 2004 meeting as follows: I. The revised Landscape Plan submitted by the applicant dated April 8, 2004 is hereby approved. 2. The applicant shall continue to work with the neighbor Tom Stephens concerning the ORDER CONDITIONAL USE PERMIT (CUP-O4-003) PAGE 9 OF 12 actual pin placement of the property between the two properties. 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 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 ORDER CONDITIONAL USE PERMIT (CUP-04-O03) PAGE 10 OF 12 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 trom 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 TAKINGS 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 may be 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 may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 25-tk day of m~ ,2004. ORDER CONDITIONAL USE PERMIT (CUP-O4-003) PAGE 11 OF 12 Attest: By:~(lJ1" Q (LVL City Clerk's Office Dated: 3ù...f\.L I, ';)()04- Z:\WorklM\MeridianlMeridian 15360MlTroy Place Subdivision PFP-04-001 CUP-Q4-003\OnieICUP.doc ORDER CONDITIONAL USE PERMIT (CUP-O4-003) PAGE 12 OF 12