HomeMy WebLinkAboutMedimont Subdivision CUP
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APR 1 5 2005
City Of Meridian
City Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Date of Recommendation: April 15,2005
Project Name:
Falash Construction
Case No(s):
CUP-05-009
Applicant:
Michael Falash, Architect
P&Z Commission Hearing Date: March 17,2005
Recommendation:
Approve with conditions
A. Summary of Public Hearing:
I. In favor:: Michael Falash, Architect, Falash and Ross Construction
2. In opposition: none
3. Commenting:
i. Ernie Roberson, 105 South Locust Grove Road
ii. Jeri Smith, 335 South Locust Grove Road
4. Staff presenting application: Joseph Guenther, Associate Planner
5. Other staff commenting on application: None.
B. Key Issues of Discussion by Commission:
1. Motorcycle/ Staff parking
2. Rear access to fenced area as noted by Meridian FirelPolice
3. Neighbors comments regarding trash enclosures, outdoor storage, fencing, landscaping
and outdoor lighting
C. Key Commission Changes to Staff Recommendation:
None.
D. Outstanding Issue(s) for City Council:
None.
E. CUP Site Plan
1. Site Plan submitted with application (no date)
F. Recommended Conditions of Approval (by Commission, if applicable)
Exhibit C - Conditional Use Permit (City staff)
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EXHIBIT A
Falash Construction CUP-05-009
Legal Description
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Lot 5 in block 2 of Mèdimont Subdiviaion No.1
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EXHIBIT B
AFL Telecommunications (Verison Wireless)
CUP-05-007
Approved Site Plan
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EXHIBIT C
Falash Construction
CUP-05-009
Final Conditions of Approval
SPECIAL CONSIDERATIONS
I. Signs & Addressing: No signs are being approved with the subject CUP
application. Signs require a separate permit in compliance with the sign
ordinance. See Site Specific Condition #2 below.
2.
Landscapin~: The applicant is proposing to place the trash enclosure on the north
east side of the parcel. This trash enclosure location and design must be approved
by City staff. 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.
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1.
All conditions of the previously approved Medimont Subdivision shall also be
considered conditions of the Conditional Use Permit (CUP-05-009) application.
2.
No signs are approved with this application. All wall and tree-standing signs
require a separate permit. All signage shall be in accordance with the standards set
forth in Section 11-14 of the City Zoning and Development Ordinance.
3.
Provide the building address numbers on the monument facing Adkins Way.
Please contact Joe Silva (888-1234) for further information regarding this
condition and the size of the numbering/lettering.
4.
The landscape plan prepared by Michael Falash - Architect., is approved with the
following changes/notes:
. The landscape plan may change based on site plan modifications. If the site
plan is not approved by Meridian Fire Department or SSC as presented, then
an amended landscape plan must be submitted for review.
5.
The site plan prepared by Michael Falash Architects, is approved as submitted
with the changes listed in this staff report. The number and size of the off-street
parking stalls is approved as shown on the submitted site plan,
Comply with the conditions and comments of all City Departments, and other
agencies.
12.
7.
No additional buildings or other structures 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).
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.
If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
10.
Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4.C.
11.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
Applicant's (or successor's) failure to comply with any ofthe terms of approval
ofthe conditional use permit shall be cause for revocation of the conditional use
permit.
OTHER AGENCY COMMENTS & CONDITIONS
SANITARY SERVICE COMPANY
1. Waste enclosure access: The applicant shall provide drive-on capability for 6 and
8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such
containers.
2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
MERIDIAN POLICE DEPARTMENT
I. Please contact the Police Chief for detailed review of any development proposal
and submit stamped (approved) plans with your certificate of zoning compliance
application.
MERIDIAN FIRE DEPARTMENT
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I. Final Approval of the fire hydrant locations 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 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.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
2. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
3. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D1O3.6 Signs.
4. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
5. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
6. Provide a Knoxbox entry system for the complex prior to occupancy.
7. Provide exterior egress lighting as required by the International Building & Fire
Codes.
8. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
9. There shall be a fire hydrant within 100' of all fire department connections.
10. This project will be required to provide a 20' wide swing or rolling emergency
access gate. The gate shall be equipped with a Knoxbox Padlock which has to be
ordered thru the Meridian Fire Department.
EXHIBIT D
Falash Construction
CUP-05-009
Conditional Use Permit 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 permit 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;
The proposed site plan shows a centrally located office building with parking on
the north and east ofthe proposed building. There is a 4-foot wide apron adjacent
to a 24' wide drive lane south of the proposed building. Staff is supportive of the
layout for the proposed drive lanes and proposed traffic flow pattern for this lot,
as vehicles should not interfere with internal traffic flows or traffic flows on the
adjacent shared driveways or Adkins Rd. See Site Specific Condition #2 below.
Parking stalls are required at the ratio of one space per 400 square-feet of gross
floor area for office/warehouse (MCC 11-13-5.B). Per this requirement, 29 stalls
are required. There are 34 parking stalls provided on this site, 33 standard stalls,
and I handicap accessible stall. This provision exceeds the City's minimum
parking stall ratio. Staff finds that the project should have ample parking.
All proposed building setbacks and landscaping meet the minimum standards
outlined in Titles II and 12, Meridian City Code.
Staff finds that the subject property is large enough to accommodate the required
yards (setbacks), open spaces, parking, landscaping and other features required by
the 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;
The Comprehensive Plan Future Land Use Map designates the property as
"Industrial" and is currently zoned I-L. Staff finds that the requested use is
consistent with the Future Land Use Map and that if approved as a CUP the
project will be in compliance with City ordinances.
F.
c.
That the design, construction, operation, and maintenance wiD be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use wiD not adversely
change the essential character of the same area;
Staff is generally supportive of the site plan design. This area is part of a larger
office/commercial/industrial area, which staff believes the applicant has designed
to accommodate. Staff believes that an office/warehouse will be compatible with
other uses/buildings in the area. There is a significant amount of landscaping
being provided (approximately 14% of the gross land area), and the proposed use
is consistent with the previously approved uses within Medimont Subdivision.
Staff finds that if the applicant complies with the conditions outlined in this
report, the general design, construction, operation, and maintenance should be
compatible with other uses in the general neighborhood and with the existing and
intended character of the area.
D.
That the proposed use, if it complies with all conditions of the approval
imposed, wiD not adversely affect other property in the vicinity;
Staff finds that if the applicant complies with the conditions outlined in this
report, the proposed office/warehouse use will not adversely affect other property
in the area. The Commission and Council should rely upon any public testimony
provided to determine if the development will adversely affect the other property
in the vicinity.
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;
Sanitary sewer and water are currently provided to the subject site.
The Ada County Highway District Board of Commissioners previously acted on
the Medimont Subdivision applications. The conditions, requirements and
restrictions for Medimont Subdivision also apply to CUP-05-009, The
Commission and Council should reference any written and/or verbal testimony
submitted by any public service provider, regarding their ability to adequately
service this project.
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 commuuity;
I.
If approved, the applicant will be financing any improvements required for
development. Staff finds there will not be excessive additional requirements at
public cost and that the proposed zoning and subsequent development 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;
Staff recognizes that traffic and noise will increase with the approval of an
Office/W arehouse in this location; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Staff does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or
odors. Staff finds that the proposed use will not be detrimental to people,
property or the general welfare of the area.
H.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
The applicant is proposing to utilize two driveways off of Adkins Way. The
applicant proposes a fence to close off the south access lane and the west side of
the building. Police and fire have expressed concem with not being able to access
the site ITom all direction. See agency comments below. Staff does not believe
that the proposed vehicular approaches will interfere with the traffic on the spine
driveway or the public streets.
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 unaware of any natural of scenic features of major importance on this site
and finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and zoning application. Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of AFL Telecommunications (Verison Wireless)
Case No(s). CUP-05-007
For the City Council Hearing Date of: April 19, 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.
b.
The matter was duly considered by the City Council at the April 19, 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.
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.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
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 staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-007- -PAGE I of4
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 ofthese
findings are Avest Limited Partnership, Kathleen Weber General Partner.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit D for the findings required for Conditional Use Permits.
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 ITom the govermnental
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 16, 2004 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
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 16, 2004 is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).CUP-O5-O07- -PAGE2of4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
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 fÌ'om 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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Legal Description
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-OS-OO? - - PAGE 3 of 4
Exhibit B:
Approved Site Plan
Exhibit C: Final Conditions of Approval
Exhibit D: Conditional Use Permit Findings
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).CUP-O5-007~ . PAGE 4 of4