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HomeMy WebLinkAboutDave Buich CUP-05-005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a new mixed use three-story building consisting of retail, office, and residential uses in the 0- T Zone, by Dave Buich. Case No(s). CUP-05-005 For the City Council Hearing Date of: April 5, 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 April 5, 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. 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 Planoing and Zoning Commission conducted a public hearing and issued a written recommendation for approval to the City Council. c. 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 staff report. Application and Property Facts 3. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).CUP-O5-005 . PAGE I 014 verified that the property owner(s) ofrecord at the time of issuance of these findings is Shepard Enterprises Limited Partnership. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the 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 ITom 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 Planoing 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 2/15/05 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 ofthe 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 is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-005 - PAGE 2 of 4 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 ITom 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 ofthe 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 Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-O05 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~7. ,2005. I 11-1;5- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTEDþ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED -- By:\j~hb 1" ,,"^ City Clerk's Office Dated: 4-2 \-oS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-005 - PAGE 4 of4 EXHIBIT A Buich CUP CUP-05-005 Legal Description EXHmlT B Buich CUP A CUP-O5-005 pproved Site Plan ~ .-.-.-, - .-==..~~- ~ ----===- ~--""" --oj EXHmlT C Buich CUP CUP-O5-005 Conditions of Approval SITE SPECIFIC CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plans with all modifications required by this application. Wall signs are approved as submitted on the building elevations and shall be regulated by the L-O standards for signage in the zoning ordinance. No ITeestanding signs are approved for this project. Any additional signs will require a modification of the Conditional Use Permit. 2. 3. The applicant shall be required, prior to CZC approval, to coordinate with the Meridian Development Corporation to obtain the design documents for the streetscape that was developed for Farmers and Merchants Bank, and implement the design on the subject site. 4. The applicant shall provide signage at the intersection of the alley and the south exit to the parking lot which prohibits left turns into the alley and is clearly visible to traffic exiting the site. STANDARD CONDITIONS OF APPROVAL 1. Meridian City Code requires thai this site be served with an automatic underground irrigation system. Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. 2. Sanitary sewer and water service shall be ITom the city of Meridian's existing systems adjacent to the site. 3. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4.B. 4. All standard parking stalls shall be at least 9 feet wide and 19 feet long and all compact stalls shall be at least 7 Y2 feet wide and 15 feet long per Ordinance 11- 13-4.F. All drive aisles shall be at least 25 feet wide. 5. All parking areas and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 6. 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 11-13-4c. 7. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Managernent 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. 10. 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. OTHER AGENCY COMMENTS Fire Department Comment: 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. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 4. 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. 5. The first digit of the Apartment/Office Suite shall correspond to the floor level. 6. Provide a Knoxbox entry system for the complex prior to occupancy. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. 9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ITüm 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 sprink1ersystem 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). 10. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section Dl05. II. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project as soon as possible. Sanitarv Services Comment: I. 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. Police Department Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Department Comment: I. Tree Grate and Tree Box standard for Downtown street trees: The proposed tree grate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate is available ITom Canterbury International. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate ITame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. EXHIBIT D Buich CUP CUP-O5-005 Required 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 fwd 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; City Council finds that the subject property, as depicted, is large enough to accommodate the required open spaces and landscaping required by the ordinance, but not parking. The applicant has submitted a Variance application for a reduction in the number of required parking spaces (VAR-O5-003). The City of Meridian has prepared draft Downtown Design Guidelines which have not been adopted by the City as of the date of this report and will apply to projects in the city's downtown core. These proposed guidelines do not require new buildings in the downtown core, which are built to certain specifications, to provide any off- street parking. In light of these proposed changes, City Council will support a Variance to the parking requirements for the proposed structure. If a Variance is approved for the project, staff finds that the project will meet this requirement. The proposed mixed use building consists of 8,300 square feet of ground floor retail, 8,460 square feet of second floor office, and third floor residential with four (4) units. Ordinance requires one (I) off-street parking space per 200 s.f. of gross floor area for retail, one (1) off-street parking space per 400 s.f. of gross floor area for office, and two (2) parking spaces for each residential unit, for a total of 71 required spaces. The proposed site plan shows 22 off-street parking stalls, II of which are compact spaces. The adjacent city-owned parking lot contains 32 parking spaces. A. 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 Land Use Map designates the property as "Old Town" and it is currently zoned O-T. Old Town "includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theaters, restaurants and service retail for surrounding residents and visitors.... In order to E. provide and accommodate preservation of the historical character, specific design requirements may be imposed" (see Comprehensive Plan, p. 99). Ordinance 11- 8-1, Schedule of Use Control, allows for professional offices, retail, and apartment buildings through the conditional use process in the O-T zone. City Council finds that the requested use will be in compliance with the approved Future Land Use Map if design requirements are imposed that preserve the character of Old Town. City Council further finds that if the project is approved as a CUP it will be in compliance with the MCC. B. 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; The surrounding properties vary greatly and include, a bank, a lumberyard, the Creamery, and a feed mill. Old Town is intended as a mixed use zone. Therefore, staff finds that the proposed development will not adversely change the existing or intended character of the general vicinity. City Council finds the design concept to be compatible with the intended character of the area. c. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed development will have an adverse impact on the surrounding property. In the case of the Creamery and other surrounding properties, the proposed project should actually add further incentive for redevelopment. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. D. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and f'Jre 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; The project proposes vehicular access ITom Broadway Avenue and ttom the alley to the south of the property. The Commission and Council will need to reference any written or verbal testimony submitted by the Meridian Police and Fire Departments regarding their ability to adequately service this project. ACHD approved the proposed project with the conditions noted in their report. Water and sanitary sewer service to the project is readily available to the site via mains installed adjacent to the property. 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 applicant will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future project will be fire and police services. City Council 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. F. 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; ACHD estimates that the traffic volume would be 319 additional average daily trips (169 existing) for the originally proposed bank building. Traffic congestion is an ongoing issue for downtown, the resolution of which is beyond the scope ofthis project. ACHD staff finds that the additional traffic created by a revised building should not be excessive. City Council also finds that no smoke, fumes, glare or odors will result ITom the proposed use. G. 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; As discussed above, vehicular approaches are proposed ITom Broadway Avenue and ITom the existing alley. City Council finds that the proposed use will not create significant interference with traffic on the surrounding public streets. Please refer to ACHD comments for additional detail on this issue. According to ACHD staff, the project does not require action by the ACHD Commission and was approved at staff level February 15, 2005. H. 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. City Council finds that this proposal will not result in the destruction, loss, or damage of a natural, scenic, or historic feature considered to be of major importance.