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HomeMy WebLinkAboutDBSI Realty Corp. CUP-04-055 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request for a Conditional Use Peroot for two new Office/Retail Buildings in a I-L Zone, by DBSI Realty Case No(s): CUP-04-055 For the City Council Hearing Date of: March 15, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to 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 February 22, 2005, 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. c. 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). 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. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-055 - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is DBSI Realty. 4. Required Findings per Zoning Ordinance 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 (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 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 dated December 14, 2004 as shown in Exhibit B, and the Site Specific and General Comments/Conditions 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 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: 1. The applicant's CUP Site Plan as evidenced by having submitted the site plan dated December 14, 2004 is hereby conditionally approved; and 2. The Site Specific and Standard Comments are as shown in Exhibit C. D. Notice of Applicable Time Limits ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-055 - PAGE 2 of 4 1. 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 1I-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time 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 ofthe City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Approved Site Plan CUP Exhibit B: Exhibit C: Exhibit D: Site Specific and Standard Comments Conditional Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-Q4-055 - PAGE 3 014 By action of the City Council at its regular meeting held on the InltÆ-civ ,2005. . 15f!::: day of COUNCIL MEMBER CHARLIE ROUNTREE VOTEDþ VOTED Þ VOTEDF VOTED* COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: and City Attorney. ..Å. A By:- O,)-\.J" ~I\.Q.IA City Clerk's 0 ce Dated: 4 - \-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-055 - PAGE 4 of 4 EXHIBIT A DBSI Realty CUP-O4-055 Legal Description MERIDIAN .'REEWA Y ASSOCIATES Parcel for Development A <=toftand situated in the Soutbeast Quarter of the Southwest QuarterofS""tion 13. Township 1 North. Range I West, Boise Meridian. Ada County, Idaho. more particularly described as follows; Commencing at a 5/8 pm marking the South Quarter Comer of said Section j 3; thence along the Eas, West S""tion Line of said S""tion ]J; North g9"26'2rWest along the centerhne of Overland Road, a distance of I 32751 feet to a point, Thence leaving said Section Line; North 0006'5 J" East 48.00 feet to the POINT Of BEGINNING; Thence continuing North 0006'51" East 360.23 feet to a point, Thence South 90"00'00" East 749.95 feet to a point, Thence Thence South 0"06'51" West 367.56 feet to a point Thence North g9"26'27" West 749.81 feet to the POINT OF BEGINN1NG. Said parcel containing 6.27 aces more 0< less. """""'T."'.mC'o>""""....",,. ,,' ------ I ~: ,', EXHIBIT A - ---- --,-CN'~"'- ~ ~I ;10 ~'i- - - ---- - - --"",,;.:c L"..,,~" EXHIBIT B DBSI Realty CUP-O4-055 ved Site Plan Appro --------- 'tilli\IoWM"""" ---~ - _n__-c Ii ~'",""'].'¡ ¡r¡¡í I, , . ~ì ~¡I ~, 1 ~II EXHIBIT C DBSI Realty CUP-O4-055 Site Specific and Standard Comments SPECIAL CONSIDERATIONS 1. The relocation of the Kennedy Lateral must be approved by the Nampa Meridian Irrigation District. The applicant must be responsible fOf the connection to the Black Cat Trunk Sewer and maintain compliance with Meridian Public Works for sewer connections at this location, 2, CONDITIONS OF APPROVAL 1. Setbacks are approved as depicted on the site plan (CU-l dated 12.10.04). 2, Landscaping and Parking are not approved as depicted on sheet L-l as drawn on 12/7/04 The applicant shall submit a landscape/parking plan in compliance with MCC 11-13 and 12-13. 3. The building height is approved as depicted on the elevation plan (CU-2 dated 12.10.04). The Planned Development waiver of the 40. foot maximum height requirement of MCC 11-9-1 schedule of bulk and coverage controls will be waived to allow the 52 foot building height. 4. All surface parking shall conform to the minimum dimensions per ordinance of 9' x 19' with 25' wide drive aisles. 5. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4,B. 6. Applicant must comply with the conditions of the conditional use, planned development, and development agreement for CUP/PD-01-009Treasure Valley Technical Center Meridian Freeway Associates / DBSI Industrial Limited Partnership. 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance Il-13-4C. 8. 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. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fife codes. 10. A drainage plan designed by a State of Idaho licensed architect or engineef is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm watef treattnent and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12, Sanitary sewer and water service shall be via existing service lines in Meadow Lake Village that will be extended as part of this proposed development. Applicant shall coordinate size and routing with the Public Works Department. 13. Underground year-round pfessurized irrigation must be provided (ftom an existing system) to all landscape areas on this site. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 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 hydfants shall have the curb painted red 10' to each side of the hydrant location, e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. 3, All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping 7. Cornmercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 8. The office/retail 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 fOf service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. 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 fof facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Provide a Knoxbox entry system fOf the complex prior to occupancy. 11. The first digit of the Office Suite shall correspond to the floor level. 12. A The application shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14, Where a portion of the facility or building hefeaftef constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3.1.2 the distance requifement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. FOf buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 15. There shall be a fire hydrant within 100' of all fire department connections. 16, Buildings over 30' in height are required to have access roads in accofdance with Appendix D Section D105. SANITARY SERVICES CORP. COMMENT: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application, ACHD: 1. Compliance with conditions of approval as listed inCUP-OI-009 EXHIBIT D DBSI CUP-O4-055 Conditional Use Peroot Findings 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 peroot if they shall fmd 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; Staff finds that the subject property is large enough to accommodate the fequested use and all other required features as noted above. As part of the planned development, the applicant has submitted a conceptual plan. The parking and landscape plan as submitted under sheet L-l on December 7, 2004 is not approved and an approved landscape plan must be submitted prior to issuance of a certificate of zoning compliance, Standard ordinance parking requirements for "Office, Retail, Daycare" and/or Mixed uses apply to the site. The standard for Retail stores is one space per 200 gross square feet; the standard for professional offices is one space per 400 gross square feet. The proposed two buildings are 60,000 gross square feet each, requiring 200-300 parking spaces based on use. The applicant has proposed 323 parking spaces in compliance with the Chapter 11 Section 13 MCC, however the landscape plan requires detailed review and modifications to parking standards prior to issuance of a certificate of zoning compliance. Staff feels the site has adequate area in order to comply with the landscape and parking requirements based on the conceptual review. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Industrial." Staff finds that the proposed retail/office uses afe not in compliance with the 2002 Comprehensive plan and are prohibited uses under the existing zoning ordinance, The overall project was approved as a conditional use for a planned development in order to allow use exceptions under CUP/PD 01-009, the applicant has applied the exemption to this project. The current proposal is also a planned development to modify the maximum height requirement and allow a 52' maximum building height. If the project is approved as a Planned Development, it will meet the minimum requirements of the use exception applied in CUPIPD 01-009. 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 may not adversely change the existing (Industrial) Of intended (industrial) character of the genefal vicinity, The proposed project boundary is surrounded on two sides by other property owned by the Meridian Freeway Associates project and is in compliance with the approved Planned Development for the project. Any impacts of the office will likely be restricted to existing and future phases of the project itself. 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 office/retail uses will adversely affect adjacent properties due to the fact that the proposed uses are in compliance with the conceptual plan for DBSIIMeridian Freeway Associates Planned Development CUPIPDOI-009, The Commission and Council should considef any testimony (written and oral) presented at the public hearings before making this finding, E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. City water & sewefmains have been constructed within the Meridian Freeway Associates project and will be extended as part of this proposed development. Sewer and Water flows must be determined by Public Works and operate in compliance with the Public Wofks standards. The existing Western Electronics facility east of the site is served by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates and the Western Electronics facilities use the lift station, only the projected excess capacity in the receiving sewer is available for future development. According to analysis completed under CUP01-009,computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project must continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may not discharge a flow greater than 80 gallons per minute at any time. A provision must be made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewef, or a lateral thereof, when it is available. "Available" shall be defined as the time when the sewer is extended through adjacent pfOperty to the western boundary of this project. This project must include relocation of the lift station to the northwest corner or installation of dry-line sewer to the northwest corner with this project. The applicant shall be responsible for the eventual connection to the Black Cat Trunk Sewer. Drainage will be retained on site. Trash enclosures have been provided on-site for refuse disposal. The applicant needs to coordinate with the Fire Department regarding the fire lanes. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and wiD notbe detrimental to the econoooc welfare of the community; Staff finds that the proposed development will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and police services, The building heights are requested to be allowed a maximum of 52 feet. The additional height of the building may impact the serviceability of the site for fire, police, and municipal agencies. The applicant must comply with the additional conditions as defined by the Meridian Fire Department with regard to oversized buildings. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that wiD be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; All lighting shall be downfacing and designed as not to leave the site. All signage shall comply with the standards as set forth MCC 11-14. The parking and maneuvering of cars and pedestrians may generate additional noise fOf surrounding properties. However, staff does not believe that the additional noise should be excessive, the site lies in an industrial area where future development shall be compatible to highway noise and vibration. Staff finds that the proposed use will not involve activities Of 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, glafe or odors, if all conditions are complied with. I. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the commercial uses of this site will impact the level and flow of traffic on Overland Road, Access to this site was previously approved with Western Electronics to the east of the site. The signalized intersection at Overland and Meridian will greatly increase capacity of the intersection to handle the additional trips. The applicant should comply with ACHD policies in order to preserve the capacity and movement on Overland Road.. 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. The Kennedy Lateral must be approved to be tiled as part of the prior CUP application CUP 01-009, Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware.