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HomeMy WebLinkAboutPenn Station Apartments CUP-00-028BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 40-UNIT APARTMENT COMPLEX, PENN STATION APARTMENTS ZONED R- 15 LOCATED SOUTH OF FAIRVIEW, EAST OF STONEHENGE WAY, MERIDIAN, IDAHO PANGAEA LAND PLANNING APPLICANT. 06-27-00 Case No. CUP-00-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 20, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Daren Fluke, appeared and testified, and appearing and testifying with comments/concems or in opposition were: Laura Jones, Matthew Glencoe and Ron McClaren, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public heating on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 20, 2000, .before the City Council, the first publication .appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 20, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) 3. This proposed development request is in R-T/R-1 by Ada County, by reason of the provisions of the Meridian City Code § 11-17-4, a public heating was required before the City Council on this application. 4. The property is located south of Fairview, east of Stonehenge Way, Meridian, Idaho. Meridian. The owner of record of the subject property is Centers Construction of 6. Applicant is Pangaea Lane Planning of Boise, Idaho. 7. The subject property is currently zoned R-T/R- 1 by Ada County. There is an applicant before the City Council for annexation and R-15 zoning The zoning district of R-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for 40-unit apartment complex. The R- 15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance With the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANG/LEA LAND PLANNING ZONED R-15 / (CUP-00-028) conditional use as determined by City Ordinance. 11. The Meridian City Council additionally takes note of the Planning and Zoning Commission's recognition and notation of the comments of Fasterben, McNit, Plenko, Powers, and Billings. 12. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to ber equired to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt (modified bY 13.1 the Recommendations of Planning and Zoning and Engineering staff the Planning and Zoning Commission) as follows: Driveway width will be 25-feet. Applicant submitted a letter of comment dated June 20, 2000, which states all driveways are shown on the drawing (and the driveway cross section are dimensioned at 25' in width. Provision of Maintenance Building: The owner/developer of the project shall contract with a professional landscape maintenance company for the maintenance of all the facilities, and therefore will not be required to have a storage facility on site for storage of maintenance equipment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 Provision of RV/Boat Storage: No RV/Boat storage is required because the owner/developer of the property will prohibit storage of boats, campers, or trailers as part of the development. Tiling of Settlers Canal: The applicant shall be required to tile the Settlers Canal unless applicant applies for and receives approval of a variance for this requirement. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance .and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot wide pedestrian walkways in accordance with City Ordinance. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Handicap parking, assodated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one must be handicap-accessible (see Fair HousingAct Design Manual 2.23). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) 13.10 Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centefline. 13.11 13.12 13.13 13.14 13.15 Water service to this site will be via extensions from extensions of an existing main in Stonehenge Way. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public WorKs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. submit hook- design details based on the proposed landscaping. Due to the size landscaped area primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant shall submit an irrigation plan for watering all landscaped areas which plan shall be reviewed by the City's Public Works Department. The Public Works Department must approve an irrigation plan before any Building Permits are issued. Applicant has indicated the pressurized irrigation system within this development is to be owned and maintained by the developer. If the system is being proposed as a private system, plans and specifications for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) 13.16 13.17 13.18 13.19 irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would preclude the trees shown on the landscape plan. The landscape plan is recommended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. The development shall prohibit on site storage of boats, campers and trailers, and other recreational vehicles. 13.20 Applicant shall provide seven (7) additional parking spaces to accommodate visitor parking. The applicant shall submit plans to Planning and Zoning staff for their review and approval for the location of those seven (7) extra parking spaces. All drive-ways shall be 25-feet in width and shall be posted so that parking which would block the drive-ways will be prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) 13.21 The Meridian Fire Department shall approve the proposed 15-foot ;vide one- way entry/exit drive aisles design. The Fire Dept. usually requires 20-foot wide drive aisles for fire trud< access. 13.22 13.23 13.24 13.25 13.26 13.27 Six-foot-high, permanent perimeter fencing shall be required, except where the City has agreed in writing that such fencing is not necessary. All required fencing is to be in place prior to issuance of building permits. Design tiling the Flume Canal and leaving the Settlers Canal untiled, with a pathway along the north side of the property, is approved. The proposed 5, gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. The path shall be extended when the property to the east is developed. Due to the high- density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. Proposals for Planned Unit Developments must include a minimum often percent common area. Common open space shall mean land area space exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. No calculations for open space were submitted with the application. The applicant shall present the calculations to the Commission at the hearing. Entry landscaping should not be included in these calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as common open space for all should be counted. The stormwater detention area must be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. The design is for one way in and out, with no future access to the east. The street connectivity throughout the city shall be enhanced, but a stub street may not be feasible with the constraints of the site. (An issue for Commission and Council to consider.) The proposed 6' X 4' entry signage for the project shall be placed outside of a 40' X 40' clear sight triangle, measured from the projected intersection of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) Adopt i3.28 13.29 13.30 13.31 13.32 Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. the Recommendations of the Ada County Highway District as follows: Replace damaged curb, gutter and/or sidewalk on Stonehenge Way with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Locate site driveway 35-feet north of the south property line. Pave the site driveway access to Stonehenge to its full-required width of 24 to 30-feet and 30-feet beyond the edge of pavement with 15-foot radii pavement tapers abutting the existing roadway edge. In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 13.33 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Fire Department as follows: 13.34 Only one egress and ingress into this project. 13.35 All trash and weed will need to be cleaned up on common areas. 13.36 No parking of vehicles or trailers in cul-de-sac. Adopt the Recommendations of the Central District Health Department as follows: 13.37 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) -9 13.38 Run-off is not to create a mosquito breeding problem. 13.39 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ! 3.40 The Engineers and architects involved with the design of the subiect proiect shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 14. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 14.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 15. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 16. ' The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. The uses proposed within the subject application will be served adequately by central public fadlities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. The uses proposed within the subject application will not involve uses, activities, pr°cesses, materials, equipment and conditions of operation that will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) 10 detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Tide 67, Idaho Code (I.C. {}67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Tides XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) 11 fo facilities and community; 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; ' c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the ex/sting or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, 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; Will not create excessive additional requirements at public cost for public services and will not be detrimental to the economic welfare of the g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Medium High Density Residential District (R-15), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) - 12 feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old TOwn and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public heating and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State hw. (Meridian City Code § 11-17-6) 7. ~ When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) 13 E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, eStablished the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND: CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for 40-unit apartment complex, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff (modified by the Planning and Zoning Commission) as follows: 1.1 Driveway width will be 25-feet. Applicant submitted a letter of comment dated June 20, 2000, which states all driveways are shown on the drawing (and the driveway cross section are dimensioned at 25' in width. Provision of Maintenance Building: The owner/developer of the project shall contract with a professional landscape maintenance company for the maintenance of all the facilities, and therefore will not be required to have a storage facility on site for storage of maintenance equipment. Provision of RV/Boat Storage: No RV/Boat storage is required because the owner/developer of the property will prohibit storage of boats, campers, or trailers as part of the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) 14 1.2 1.3 1.4 1.5 1.6 1.7 Tiling of Settlers Canal: The applicant shall be required to tile the Settlers Canal unless applicant applies for and receives approval of a variance for this requirement. Off-street parring shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 1.8 1.9 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Handicap parking, assodated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one must be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or' engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. 1.10 Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. Subdivision designer to coordinate main sizing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) 15 and routing with the Public Works Department. Sewer martholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.11 1.12 1.13 1.14 1.15 Water service to this site will be via extensions from extensions of an existing main in Stonehenge Way. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. Two-hundred-fifty- and 100-watt, high-pressure sodium street, lights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. submit hook- design details based on the proposed landscaping. Due to the size landscaped area primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant shall submit an irrigation plan for watering all landscaped areas which plan shall be reviewed by the City's Public Works Department. The Public Works Department must approve an irrigation plan before any Building Permits are issued. Applicant has indicated the pressurized irrigation system within this development is to be owned and maintained by the developer. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) 16 1.16 1.17 1.18 1.19 1.20 irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would predude the trees shown on the landscape plan. The landscape plan is reconunended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' dear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. The development shall prohibit on site storage of boats, campers and trailers, and other recreational vehicles. Applicant shall provide seven (7) additional parking spaces to accommodate visitor parking. The applicant shall submit plans to Planning and Zoning staff for their review and approval for the location of those seven (7) extra parking spaces. All drive-ways shall be 25-feet in width and shall be posted so that parking which would block the drive-ways will be prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) - ¸17 1.21 The Meridian Fire Department shall approve the proposed 15-foot wide one- way entry/exit drive aisles design. The Fire Dept. usually requires 20-foot wide drive aisles for fire truck access. 1.22 1.23 1.24 1.25 1.26 1.27 Six-foot-high, permanent perimeter fencing shall be required, except where the City has agreed in writing that such fencing is not necessary. All required fencing is to be in place prior to issuance of building permits. Design tiling the Flume Canal and leaving the Settlers Canal untiled, with a pathway along the north side of the property, is approved. The proposed 5, gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. The path shall be extended when the property to the east is developed. Due to the high- density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. Proposals for Planned Unit Developments must indude a minimum often percent common area. Common open space shall mean land area space exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. No calculations for open space were submitted with the application. The applicant shall present the calculations to the Commission at the hearing. Entry landscaping shottld not be included in these calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as common open space for all should be counted. The stormwater detention area must be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. The design is for one way in and out, with no future access to the east. The street connectivity throughout the city shall be enhanced, but a stub street may not be feasible with the constraints of the site. (An issue for Commission and Council to consider.) The Proposed 6' X 4' entry signage for the project shall be placed outside of a 40' X 40' clear sight triangle, measured from the projected intersection of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) 18 Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. Adopt the Recommendations of the Ada County Highway District as follows: 1.28 Replace damaged curb, gutter and/or sidewalk on Stonehenge Way with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 1.29 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.30 Locate site driveway 35-feet north of the south property line. 1.31 Pave the site driveway access to Stonehenge to its full-required width of 24 to 30-feet and 30-feet beyond the edge of pavement with 15-foot radii pavement tapers abutting the existing roadway edge. i .32 In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 1.33 Other than the access point(s) spedfically approved with this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Fire Department as follows: 1.34 Only one egress and ingress into this project. 1.35 All trash and weed will need to be cleaned up on common areas. 1.36 No parking of vehicles or trailers in cul-de-sac. Adopt the Recommendations oft. he Central District Health Department as follows: 1.37 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) 19 1.38 Rrm-off is not to create a mosquito breeding problem. 1.39 Storm~vater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.40 The Engineers and architects involved with the design of the subject project shall obtain current best management Practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. NOTICE OF FINAL ACTION 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 may within twenty-eight (28) days after the date of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-O0-028) - 20 decision and order seek a judicial review as provided by Chapter _52. Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of ,2ooo. ROLL CALL: COUNCILMAN RON ANDERSON VOTED .~-/'~f-'- day COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 7---~--6R5> VOTED MOTION: APPROVED: ~/~ DISAPPROVED: Copy serVed upon Applicant, Planning and Zonin~ Department, ~umic vv,,orr,~: ~._ ,,. Department and the City Attorney. By: ~ Dated: City Clerk ~ "/',, ~m...,, *"'/.O .,8 msg/Z:\Work~M'~Meridian 15360MXPenn Station AZ &. CUP~CUPFindings028.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PANGAEA LAND PLANNING ZONED R-15 / (CUP-00-028) -21 BEFORE THE MERIDIAN CITY COUNCIL 06-27-00 IN THE MATTER OF THE APPLICATION OF PANGAEA LAND PLANNING FOR A CONDITIONAL USE PERMIT FOR 40-UNIT APARTMENT COMPLEX, PENN STATION APARTMENTS ZONED R- 15 LOCATED SOUTH OF FAIRVIEW, EAST OF STONEHENGE WAY, MERIDIAN, IDAHO CASE NO. CUP-00-028 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5th day of July, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for 40- unit apartment complex, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a 40-unit apartment complex, as described in the SITE PLAN FOR PENN STATION, DWG. NO. CAA- 000327, DATE: MARCH 27, 2000, DRAWN BY: C.A. AUTH, B &A. ENGINEERS, INC., and APPLICANT & OWNER CENTERS CONSTRUCTION, INC., for the development of the aforementioned planned commercial development for a commercial development consisting of a 40-unit apartment complex, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9 BY PANGAEA LAND PLANNfNG / CUP-00-028 A pOrtion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 7; 'thence S00°00'00'' W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00'' W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence N00°05'00'' W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Real Point of Beginning: Thence the following courses and distances along the boundary of said Danbury Fair Subdivision No. 2: N30°08'00" W, 94.00 feet; N43° 18'00" W, 66.00 feet; N49°22'00".W, 131.00 feet; N32°38'00"iW, 73.70 feet; N21°22'OO"W, 114.70 feet; N29°21'00" W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly tight-of- way of stonehenge Way; Thence 97.42 feet along the southeasterly tight-of-way of Stonehenge Way along a non-tangent curve deflecting to the left, with a radius of 141.42 feet, a central angle of 39°28'15'', a long chord of 95.51 feet, and a chord beating of N30°15'12'' E; Thence N64°35'21" E, 178.07 feet; Thence N71°15'21'' E, 49.80 feet; Thence N83°02'21'' E, 36.35 feet; Thence N84°17'21" E, 69.30 feet; Thence S00°00'32" W, 536.16 feet; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9 BY PANGAEA LAND PLANNING / CUP-00-028 Thence S89°36'07'' W, 10.25 feet; Thence SO 1°21'45" W, 164.30 feet to the Real Point of Beginning. Comprising 3.468 acres, more or less. Subject to easements or right-of-ways of record or apparent. This property is comprised of Ada County tax parcel numbers S 1107110110, S 1107110200 and S 1107110510. 2. That the above named applicant is granted a conditional use permit for a 40- unit apartment complex, located south of Fairview, east of Stonehenge Way, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff (modified by the Planning and Zoning Commission) as follows: 2.1 Driveway width will be 25-feet. Applicant submitted a letter of comment dated June 20, 2000, which states all driveways are shown on the drawing (and the driveway cross section are dimensioned at 25' in width. Provision of Maintenance Building: The owner/developer of the proiect shall contract with a professional landscape maintenance company for the maintenance of all the facilities, and therefore will not be required to have a storage facility on site for storage of maintenance equipment. Provision of RV/Boat Storage: No RV/Boat storage is required because the owndr/developer of the property will prohibit storage of boats, campers, or trailers as part of the development. Tiling of Settlers Canal: The applicant shall be required to tile the Settlers Canal unless applicant applies for and receives approval of a variance for this requirement. 2.2 Off-street parldng shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9 BY PANGAEA! LAND PLANNING / CUP-00-028 2.3 2.4 2.5 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 2.6 2.7 2.8 2.9 2.10 2.11 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot wide pedestrian walkways in accordance with City Ordinance. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one must!be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they must certify that all construction meets ADA and FHA Standards. Sanitary sewer service to this site is proposed via extensions from an existing main in Stonehenge Way. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site will be via extensions from extensions of an existing main:, in Stonehenge Way. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9 BY PANGAEA LAND PLANNING / CUP-00-028 2.12 2.13 2.14 Provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. submit hook- design details based on the proposed landscaping. Due to the size landscaped area primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is propgsed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant shall submit an irrigation plan for watering all landscaped areas which plan shall be reviewed by the City's Public Works Department. The Public Works Department must approve an irrigation plan before any Building Permits are issued. 2.15 Applicant has indicated the pressurized irrigation system within this development is to be owned and maintained by the developer. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the devel'opment plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat bythe ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9 BY PANGAEA: LAND PLANNING / CUP-00-028 2.16 2.17 2.18 2.19 2.20 2.21 2.22 Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open: area. The 10-foot buffer adjacent to Danbury Fair Subdivision is deemed adequate. The storm drain must be relocated to be fully within the roadway. It must not cross into the landscape buffer, because it the storm drain would preclude the trees shown on the landscape plan. The landscape plan is recommended for approval with the following minor modifications: The Austrian Pines at the entrance must be relocated outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road. Add three trees along the pathway stubbed to the east property line, to give it the same landscape treatment as the rest of the path. Finally, staff recommends adding one tree behind each building along the east property line. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. All landscaping shown will be required, with the additions mentioned above. The development shall prohibit on site storage of boats, campers and trailers, and other recreational vehicles. Applicant shall provide seven (7) additional parking spaces to accommodate visitor parking. The applicant shall submit plans to Planning and Zoning staff for their review and approval for the location of those seven (7) extra parking spaces. All drive-ways shall be 25-feet in width and shall be posted so that parking which would block the drive-ways will be prohibited. The Meridian Fire Department shall approve the proposed 15-foot wide one- way entry/exit drive aisles design. The Fire Dept. usually requires 20-foot wide drive aisles for fire truck access. Six-foot-high, permanent perimeter fencing shall be required, except where the City has agreed in writing that such fencing is not necessary. All required fencing is to be in place prior to issuance of building permits. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9 BY PANGAEA LAND PLANNING / CUP-00-028 2.23 2.24 Design tiling the Flume Canal and leaving the Settlers Canal untiled, with a pathway along the north side of the property, is approved. The proposed 5, gravel walking path must be concrete or asphalt to match the rest of the pathway and provide a more useable, lasting surface. The path shall be extended when the property to the east is developed. Due to the high-density proposed use, safety may be a concern of the Settlers Irrigation District and the City of Meridian along the Settlers Canal if no fencing is proposed. Proposals for Planned Unit Developments must include a minimum often percent common area. Common open space shall mean land area space exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. No calculations for open space were submitted with the application. The applicant shall present the calculations to the Commission at the hearing. Entry landscaping should not be included in these calculations. Space between buildings, etc. should not be counted. Only those areas that are provided as common open space for all should be counted. 2.25 The stormwater detention area must be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the oPen space calculations.. The proposed subdivision is outside the service area of all existing city parks. 2.26 The design is for one way in and out, with no future access to the east. The street connectivity throughout the city shall be enhanced, but a stub street may not be feasible with the constraints of the site. (An issue for Commission and Council to consider.) 2.27 The Proposed 6' X 4' entry signage for the project shall be placed outside of a 40' X 40' clear sight triangle, measured from the projected intersection of Stonehenge Way and the entry road; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. AdoPt the Recommendations of the Ada County Highway District as follows: 2.28 Replace damaged curb, gutter and/or sidewalk on Stonehenge Way with new curb, gutter and/or concrete sidewalk to match existing improvements. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9 BY PANGAEA LAND PLANNING / CUP-00-028 Segments to be replaced shall be determined by ACHD Construction Services staff. 2.29 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.30 Locate site driveway 35-feet north of the south property line. 2.31 Pave the site driveway access to Stonehenge to its full-required width of 24 to 30-feet and 30-feet beyond the edge of pavement with 15-foot radii pavement tapers abutting the existing roadway edge. 2.32 In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 2.33 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Stonehenge is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Fire Department as follows: 2.34 Only. one egress and ingress into this project. 2.35 All trash and weed will need to be cleaned up on common areas. 2.36 No parking of vehicles or trailers in cul-de-sac. AdoPt the Recommendations of the Central District Health Department as follows: 2.37 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.38 Run-Off is not to create a mosquito breeding problem. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9 BY PANGAEA LAND PLANNING / CUP-00-028 2.39 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.40 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of_~theffity Council at its regular meeting held on the of ~f'~ ,2000. day Robcrt D. Corric, M.ayor City of Meridian Copy se~ed upon Applicant, the Planning and Zoning Depa~ment, Public Wor~ De and~.ty Attorney. . ~Z:~Work~efidi~ 15360~e~ Station AZ & C~C~Order028 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9 BY PANGAEA LAND PLANNING / CUP-00-028