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HomeMy WebLinkAboutMedimont Subdivision No. 1 CUP-05-009 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Falash Construction Case No(s), CUP-05-009 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-O5-00? - - PAGE I of 4 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 are Falash and Ross Construction, Inc, Michael Falash. 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 1. 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 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 submitted with the application 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: I. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated submitted with the application is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-007 - - PAGE 2 of 4 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 ofthe 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 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 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. F. Exhibits Exhibit A: Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-007 - - PAGE 3 of 4 Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Permit Findings B~ of the City Council at its regular meeting held on the . )~ ¿ , 2005. ¡1f'A day of COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ VOTED-þ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED Attest: and City Attorney. By ~~"tJ ~ City Clerk's Of Ice Dated: 4: - 2.\ -(X; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).CUP-O5-007- -PAGE4of4 EXHffiIT A Falash Construction CUP-05-009 Legal Description . .- ~~~,;..:'ì "r~ "' '" co "'WU'S".&""'Soi. "",mo: "51 w R¡O~:~:~::¡" "."""," I {"")m""" I ."" rile ,loJ-S m.,v.....",", f"~r¥>- "'----' ~-""""'""-'"'~" . !~, -""..."".¡¡.".-....,.~~"""""""""""~ ,~ ~ I~ QUITCLAIM DEED ~! ~ J' ~ ""v",-"""""",,, ¡¡ I""~ Falash proper, ties, L',L.C", an Idaho limited Iiah, Hity g :~ company n '~ ~...,,-,-_..,_."'- I,~ Falash' Ross construction. Inc" an Idaho Corporati q- i 1'__~149 S, Adkins Way. sto. 101, Meridian,,', ID 53642 ~I ""-"""'-,.~ I Lot 5 in block 2 of ""dimont Subdivision No, 1 ~ according to the plat thereof, filed in Book 75 of ! ~ Plats at pages 779. and 7795, records of ADA County, : Idaho. . -_.~- I-_k'~- . '.'1 11/1111111 ji! IT^"'" Idaho 0-",. .Ada . ~I ,II ~ ~ :>,,~ ,~, ~~~9~S y¡' ::-~c:' ' .' "'~'"~::';:~;I i '" ' \ ,.~"'- ,- , . , Mr"'"",,",,,,' "-'-'-"""'-"----- ~ ~',' \i~,'. .:i ~'-~"-'=~-" ~.';:~'kJ,f"..~~v, :1 "i::,,~E Of ~~\:~!~ "",",""""..,... --,~1_~: § 1111/11 ,M""""""""""'_,,=<m"~_"_-"'<r""'~ EXHIBIT B Falash Construction CUP-05-009 Approved Site Plan -----""_n---., ! i ì I SOVTHP"""" I' , n I " , " F I,,' ~ I /8 '.', m- ~~~i g~~" ~~; if EXHffiIT C Falash Construction CUP-O5-009 Final Conditions of Approval SPECIAL CONSIDERATIONS 1. 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. Landscaping: 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 free-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. Ifthe 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. 6, Comply with the conditions and comments of all City Departments, and other agencies, 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. 12. Applicant's (or successor's) failure to comply with any of the terms of approval of the 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 1. 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 1. Final Approval of the fire hydrant locations 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 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 DI03,6 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. TIris 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. EXHffiIT 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 ifthey 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 of the proposed building. There is a 4-foot wide apron adjacent to a 24' wide drive lane south ofthe proposed building, Staff is supportive ofthe 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 1 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 11 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 therequested 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. c, D, 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 useslbuildings 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, 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 wiD 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. 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; 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 commnnity'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/Warehouse 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 ofthe 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 concern with not being able to access the site from 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,