Loading...
HomeMy WebLinkAboutSagecrest Subdivision CUP-04-043 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Detailed Conditional Use Permit Approval for Seven (7) Office Buildings in the L-O Zone, by Sundell Architecture Case No(s). CUP-04-043 For the City Council Hearing Date of: November 30, 2004 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the November 30, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §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 staffreport. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-043 - PAGE I of 4 3. Application and Property Facts In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Sagecrest Development LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for this application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan prepared by Sundell Architecture, labeled Eastern Office Area Sagecrest Subdivision, dated 11-15-04, as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-043 - PAGE 2 of 4 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 11-15- 04, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits I. 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 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.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-043 - PAGE 3 of 4 F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings j action O~CitY Council at its regular meeting held on the eam , 2004. I.f#> day of COUNCIL MEMBER SHAUN WARDLE VOTED /}1;J~;-;J COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ VOTED By: JOJ\..Ol tY\ áI.h..' D1VV City Clerk's Office Dated: \'2-2.6 -01 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-043 - PAGE 4 of 4 EXHIBIT A Legal Description LEGAL DESC.RIPTlON: SAGECREST SUBDIVISION A RESUBDIVISIONOF LOT 6 BLOCK 1, RESOLUTION SUBDIVISION NO.1 MERIDIAN, IDAHO PROPERTY IS DESCRIBED AS BUILDING LOTS 33.34,35,36,37,43 AND 44. LOTS FOR PARKING AND ACCESS ARE DESCRIBED AS LOTS 38 AND 41 AND A PORTION OF COMMON AREA LOT #80 !!j ~.i r lEÆìlr . I" , -II 0 )' lid / ,I" ,j' /' J / EXHIBIT B Site Plan 1 [] . ITIIillI :.~ I 5, EXHIBIT C The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff and P & Z Commission as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS OF APPROVAL I. All applicable conditions of previously approved development agreements, Preliminary Plats, Final Plats, and CUP applications shall also be considered conditions of the subject Conditional Use Permit (CUP-04-043), 2, The minimum building setbacks for this development shall be according to the City minimums for the L-O zone, A minimum 20-foot wide building setback shall be maintained to the west property line of all office buildings (rear), As required with the previous CUP application on this site (CUP-03-057), landscaping shall be installed between the west property line and the rear of the buildings, In accordance with previously platted easements, a minimum 15-foot wide building setback shall be maintained on the south property line of Lot 37, Block 1. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code, 3, A1l90-degree parking stalls shall be 9-feet wide by 19-feet long, adjacent to a 25-foot wide drive aisle, All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code, All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices, Curbing may be cut to allow for storm water runoff. 4, The construction of the proposed office buildings shall substantially comply with the undated elevations on file with the City that Sundell Architecture prepared, Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent Uniform Building Code, If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall be required to submit a CUP modification, Coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSC) staff, Trash enclosures must be built in the location and to the size approved by SSe. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall 6, submit an approved plan by SSC, for the proposed trash enclosure location and design, All dumpster(s) must be screened in accordance with MCC ll-12-I.C, 6, The applicant shall submit 10 copies of a revised site plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application, 7, No signs are approved with this CUP, All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance, All signage is subject to design review and shall require separate permits, Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. GENERAL CONDITIONS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way, All parking lot lighting shall be in accordance with Ordinance 11-14-4.C, 2, All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 3, Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord, 557, 10-1-91) for all off-street parking areas, Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies, Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells, 4, No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1), 5, A building permit shall be obtained prior to the start of construction, All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation), A bid must accompany any request for temporary occupancy, Any temporary occupancy will not exceed 60 days to complete the required improvements, 7, This Conditional Use Permit shall be valid for a maximum period of 18 months, If construction on the first phaselbuilding has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 8, As part of a Conditional Use Permit, the City of Meridian may impose additional restri cti ons/ conditions, Other A!!encv/DeDartment Comments & Conditions SANITARY SERVICES COMPANY (SSe) 1, Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (Czq application(s), MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application, MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2, Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 Y: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'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius, 4, Provide a 20' wide (minimum) Fire Lane for all internal & external roadways, 5, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, 6, Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart, 7, The 7 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes, The Meridian Fire Department has experienced 2397 responses in the year 2003, According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 200S and 3800 by the year 2010, 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support, The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities, 9, Maintain a separation of5' from the building to the dumpster enclosure, 10, Provide a Knoxbox entry system for the complex, 11, Paint the curb red and provide signage "No Parking Fire Lane" along the drive aisles. 12, Provide exterior egress lighting as required by the International Building & Fire Codes, EXHIBIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 90 on-site parking stalls, MCC 11-13.5,B,2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross), Per this requirement, the applicant would be required to provide 56 parking stalls (22,400 s,fbuilding/400 = 56 stalls) on the property, MCC ll-13-3,A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4,D requires all off-street parking areas to be paved, MCC 11-13-3 requires parking spaces to be within 300-feet of the use served, MCC ll-13-4,F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle, Staff finds that the applicant has shown enough parking to accommodate the proposed office uses, However, the parking spaces shown on the east side of the site are only IS-feet long, The applicant should modify the site plan to show all parking stalls at 9-feet by 19-feet (minimum) with drive aisles being at least 25-feet wide (see Site Specific Condition #3 below). The proposed setbacks do not appear to be in accordance with the City established minimums for the L-O zone and/or as previously approved, Further, the building setbacks on the site plan and landscape plan are not consistent with each other, The applicant has shown on the site plan a 10 to 20-foot rear setback (varies) for some of the proposed office buildings, A 20-foot rear setback is required in the L- 0 zone (MCC 11-9-1), Further, CUP-03-057 required a 20-foot wide landscape buffer to be constructed entirely on the office lots, as a buffer between the adjacent residential use, Therefore, a 20-foot wide landscape buffer and building setback should be shown along the western (rear) property lines of the subject office building lots, Also, platted with Sagecrest Subdivision was a 15-foot wide pressure irrigation and homeowners' pedestrian access easement. The proposed building on Lot 37, Block 1, encroaches into this platted easement. A minimum 15-foot wide building setback should be maintained on the south side of Lot 37, Block 1, See Site Specific Condition #2 below for required building setbacks, The developer of Resolution Subdivision installed the required landscaping E. adjacent to Millennium Way, and that landscaping currently exists adjacent to this site, The applicant is proposing to provide additional landscaping along the perimeter and within the parking areas, Staff finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance, B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; This site is currently designated as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O, Staff finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance, Further, staff finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site, C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses, The Council and Commission should consider public testimony when determining if the proposed use will adversely change the essential character of the general vicinity, D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. Staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity, That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; H. The subject site has adequate access to Overland Road 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, City sewer and water currently service the site, On October 10, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property, All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report, The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services, F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services, Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare, G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The proposed office uses are similar to the existing office uses to the east and north of the site, Staff does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses, That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches int%ut of the property, ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parcel. The applicant is proposing to utilize the two previously approved access points to Millennium Way, Staff finds that the proposed use and associated approaches will not create interference with any traffic on the surrounding public streets, 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. Staff is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff fmds that no site improvements associated with the Conditional Use Permit application should damage natural, scenic or historic features in the area,