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HomeMy WebLinkAboutThornton FourPlex CUP02-009BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-04-02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 4 TOWNHOUSE UNITS IN 2 STORY BUILDING IN OLD TOWN ZONE FOR THORNTON 4-PLEX, LOCATED AT 121 E. KING STREET, MERIDIAN, IDAHO SCOTT J. THORNTON, APPLICANT Case No. CUP-02-009 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 4, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Scott Thornton, and Cameron Williams, appeared and testified, 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 matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 4, 2002, 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 4, 2002, 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. 3. This proposed development request is in (O-T) Old Town zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 121 E. King Street, in Old Town, Meridian, Idaho. 5. The owner of record of the subject property is Scott J. Thornton of Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 2 6. Applicant is Scott J. Thornton of Meridian, Idaho. 7. The subject property is currently zoned O-T Old Town. The zoning district of O- T Old Town 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 development of 4 townhouse style units in a two story building. The O-T 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 conditional use as determined by City Ordinance. 11. 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. 12. 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 be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 3 to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real propert~ within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. Assessments for sewer and water service are determined during the building permit application process. o In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. o Building Setbacks: The Site Plan shows ten-foot side yard setbacks from both the east and west property lines, in compliance with City Ordinance: Applicant shall be allowed to reduce the setback to eight feet from the second story elevation bump out. Front and rear setbacks are approved as shown on the revised plan (4/27/02) with a five- foot parkway planter, five-foot sidewalk, and nine feet from edge of sidewalk to the structure as the front setback. o Parking: The Applicant proposes eight (8) single car tandem spaces, which would meet the minimum off-street parking requirement. Additionally, a carport covering over the four (4) innermost parking stalls shall be required. o Landscaping: Ordinance 11-13-4.B. 1. and the Landscape Ordinance (12-13) require landscaping be provided on site for all multi-familyresidences. The Applicant is proposing two (2) two-inch caliper trees, lawn, and shrubs. This meets the basic requirements of the ordinances. The trees shall be kept outside of the public right-of- way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. The application also states that the site has two existing trees. Ordinance 12-13-13-6 requires mitigation for all existing trees removed, unless the trees are deemed unhealthy or a hazard by the City Arborist. Given space limitations, full mitigation may be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) impossible. The dying/diseased tree noted at the site shall not have to be mitigated. All other healthy trees that are removed shall be mitigated. Fencing: No fencing shall be required for the project. The applicant shall contain debris on-site during construction so that it does not migrate onto adjacent properties. 8. All HVAC equipment shall be located in the rear (east side) of the four-plex. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part of the conditional use permit shall not be considered without modification of the conditional use permit and additional public hearings. STANDARD REOUIREMENTS 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. o 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. All drainage water is to be maintained on-site. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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. o All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) o Screen trash areas on at least three (3) 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. Trash enclosures shall not be included in required buffer areas. o Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Adopt Meridian Fire Department Recommendations as follows: The project shall have a fire-flow as required by the Uniform Fire Code for the One and two family dwellings will require a fire-flow of 1,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The addresses shall be posted in 6" numbers on the street side of the building & small numbers shall be posted on each entry door. Adopt Ada County Highway District Recommendations as follows: Dedicate 25-feet of right-of-way from the centerline of King Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because King Street is a local street and is to be brought to adopted standards by the developers of abutting properties. ° Applicant is proposing to provide tandem parking off the alley. The applicant is required to pave the entire width of the alley to its full-required width of 16-feet and to the nearest street and abutting the parcel. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 6 o o o 9~ Adopt 1. Adopt Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street abutting the parcel. Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete sidewalk to match the new improvements. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. Any existing irrigation facilities shall be relocated outside of the right-of-way. Compy with all of ACHD's Standard Requirements listed in their report dated April 5, 2002. the Recommendations of the Central District Health Department as follows: 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. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 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. the Recommendation of Sanitary Service as follows: Allow access to the waste receptacles from the alley. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) Additionally, comply with the action of the City Council from their meeting held on June 4, 2002, as follows: 1. Just for clarification pertaining to the paved portion of the alley, the applicant shall, as shown on the Site Plan, pave from the street out to the back side of the property. 2. To clarify the fencing issue, no fencing shall be required as addressed within Recommendation No. 7 above. 3. The applicant shall be allowed the setbacks to be reduced to eight feet from the second story elevation bump out, as addressed within Recommendation No. 5 above. 13. 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: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. 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: it is found that the subject property is large enough to accommodate the requested use and all required features. The proposed alternative compliance for landscaping is agreeable since the project is in Old Town, where higher densities and mixed uses are encouraged. 15. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Existing Urban", which is not defined for specific uses. Old Town Policy on page 25 states the following: "The central core of Meridian is the Old Town area, which includes a healthy mix of retail, office, industrial and residential uses. The Comprehensive Plan encourages continued mix of business and residential uses within the Old Town." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 8 Page 27 states: "Probable mixes uses for Old Town include specialty commercial, higher density residential, offices, medical facilities and public and semi-public facilities." Residential policy 2.1U, page 23 states: "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." Based on these policies, it is found that the proposed four-plex is in compliance with the Comprehensive Plan policies for Old Town. 16. 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; it is found that the design concept is compatible with other uses in the general neighborhood and the existing/intended character of the area. The Schmeckpeper triiplex apartments were approved in 2000, which are about one block from the proposed site on King Street. It is also found that the proposed improvements would bring the property closer to the intended character of the area by replacing the existing dilapidated structure with a new, higher density residential use. 17. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is not anticipated that the proposed project will have an adverse impact on the surrounding property. 18. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 9 shall be able to provide adequately any such services; it is found that the proposed development will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and Uniform Codes. 19. 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; it is found that the proposed improvements would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. 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; it is found that that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. 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; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in conformance with ACHD requirements. Parking access is taken off the alley, not from King Street. 22. 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; it is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 10 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 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 Titles 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. 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. 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; 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; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 11 vicinity and that such use will not adversely change the essential character of the same area; D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Eo That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks~ police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; Go 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets; and I. 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. 5. Prior to granting a conditional use permit in the Old Town District (O-T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 12 6. Following the public hearing 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 law. (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 properly; E. Designate the exact location and nature of the dev. elopment; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 13 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 development of 4 townhouse style units in a two story building in the Old Town (O-T) zone located at 121 E. King Street, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. 2. Assessments for sewer and water service are determined during the building permit application process. 3. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 4. Building Setbacks: The Site Plan shows ten-foot side yard setbacks from both the east and west property lines, in compliance with City Ordinance. Applicant shall be allowed to reduce the setback to eight feet from the second story elevation bump out. Front and rear setbacks are approved as shown on the revised plan (4/27/02) with a five- foot parkway planter, five-foot sidewalk, and nine feet from edge of sidewalk to the structure as the front setback. 5. Parking: The Applicant proposes eight (8) single car tandem spaces, which would meet the minimum off-street parking requirement. Additionally, a carport covering over the four (4) innermost parking stalls shall be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 14 o Landscaping: Ordinance 11-13-4.B. 1. and the Landscape Ordinance (12-13) require landscaping be provided on site for all multi-family residences. The Applicant is proposing two (2) two-inch caliper trees, lawn, and shrubs. This meets the basic requirements of the ordinances. The trees shall be kept outside of the public right-of- way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. The application also states that the site has two existing trees. Ordinance 12-13-13-6 requires mitigation for all existing trees removed, unless the trees are deemed unhealthy or a hazard by the City Arborist. Given space limitations, full mitigation may be impossible. The dying/diseased tree noted at the site shall not have to be mitigated. All other healthy trees that are removed shall be mitigated. Fencing: No fencing shall be required for the project. The applicant shall contain debris on-site during construction so that it does not migrate onto adjacent properties. 8. All HVAC equipment shall be located in the rear (east side) of the four-plex. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part of the conditional use permit shall not be considered without modification of the conditional use permit and additional public hearings. STANDARD REQUIREMENTS 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 (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 15 Wells. 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. o All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. Screen trash areas on at least three (3) 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. Trash enclosures shall not be included in required buffer areas. o Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Adopt Meridian Fire Department Recommendations as follows: The project shall have a fire-flow as required by the Uniform Fire Code for the One and two family dwellings will require a fire-flow of 1,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A Operational fire hydrants and temporary o.r permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 o Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. o The addresses shall be posted in 6" numbers on the street side of the building & small numbers shall be posted on each entry door. Adopt Ada County Highway District Recommendations as follows: Dedicate 25-feet of right-of-way from the centerline of King Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 16 to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because King Street is a local street and is to be brought to adopted standards by the developers of abutting properties. Applicant is propoSing to provide tandem parking offthe alley. The applicant is required to pave the entire width of the alley to its full-required width of 16-feet and to the nearest street and abutting the parcel. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side ofthe alley is 22-feet for perpendicular parking. Parking in the alley is not allowed. o Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street abutting the parcel. ° Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete sidewalk to match the new improvements. o Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. ° If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Any existing irrigation facilities shall be relocated outside of the right-of-way. 10. Compy with all of ACHD's Standard Requirements listed in their report dated April 5, 2002. Adopt the Recommendations of the Central District Health Department as follows: 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. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 17 subsurface to prevent impact to groundwater and surface water quality. 4. 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. Adopt the Recommendation of Sanitary Service as follows: 1. Allow access to the waste receptacles from the alley. Additionally, comply with the action of the City Council from their meeting held on June 4, 2002, as follows: 1. Just for clarification pertaining to the paved portion of the alley, the applicant shall, as shown on the Site Plan, pave from the street out to the back side of the property. 2. To clarify the fencing issue, no fencing shall be required as addressed within Recommendation No. 7 above. The applicant shall be allowed the setbacks to be reduced to eight feet from the second story elevation bump out, as addressed within Recommendation No. 5 above. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 18 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. By action of the City Council at its regular meeting held on the ~~ ,2002. ROLL CALL: VOTED VOTED VOTED VOTED COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY /~'~'"'- day of MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~--//8--t~ ~--- VOTED MOTION: APPROVED~&~' DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 19 \X204.229.127.194\SERVERZ\WorkLMWleridianLMeridian 15360M\Thomton Four-Plex CUP- 02-009XFfClsCUP02-009.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-009) 20 Filename: F£ClsCUP02-009 Directory: Z:\WorkLMWIeridianLMeridian 15360M\Thornton Four- Plex CUP-02-009 Template: CSDocuments and SettingsLmsXApplication DataWlicrosoft\Templates2qormal.dot Title: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN Subject: Author: Keywords: Comments: Creation Date: Change Number: Last Saved On: Last Saved By: Total Editing Time: Last Printed On: Bill Gigray 6/7/2002 1:48 PM 12 6/13/2002 2:53 PM ms 40 Minutes 6/13/2002 3:09 PM As of Last Complete Printing Number of Pages: Number of Words: Number of Characters: 20 5,518 (approx.) 31,456 (approx.) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/04/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR DEVELOPMENT OF 4 TOWNHOUSE STYLE UNITS IN A TWO STORY BUILDING IN OLD TOWN ZONE, LOCATED AT 121 E. KING STREET, MERIDIAN, IDAHO SCOTT J. THORNTON, APPLICANT Case No. CUP-02-009 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming befOre the City Council on the June 4, 2002, 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: 2. That the above named applicant is granted a conditional use permit for development of 4 toWnhouse style units in a two story building in the Old Town (O-T) zone located at 121 E. King Street, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. ORDER CONDITIONAL USE PERMIT - 1 (CUP-02-O09) o o Assessments for sewer and Water service are determined during the building permit application process. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. Building Setbacks: The Site Plan shows ten-foot side yard setbacks from both the east and west property lines, in compliance with City Ordinance. Applicant shall be allowed to reduce the setback to eight feet from the second story elevation bump out. Front and rear setbacks are approved as shown on the revised plan (4/27/02) with a five- foot parkway planter, five-foot sidewalk, and nine feet from edge of sidewalk to the structure as the front setback. Parking: The Applicant proposes eight (8) single car tandem spaces, which would meet the minimum off-street parking requirement. Additionally, a carport covering over the four (4) innermost parking stalls shall be required. Landscaping: Ordinance 11-13-4.B. 1. and the Landscape Ordinance (12-13) require landscaping be provided on site for all multi-family residences. The Applicant is proposing two (2) two-inch caliper trees, lawn, and shrubs. This meets the basic requirements of the ordinances. The trees shall be kept outside of the public right-of- way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. The application also states that the site has two existing trees. Ordinance 12-13-13-6 requires mitigation for all existing trees removed, unless the trees are deemed unhealthy or a hazard by the City Arborist. Given space limitations, full mitigation may be impossible. The dying/diseased tree noted at the site shall not have to be mitigated. All other healthy trees that are removed shall be mitigated. Fencing: No fencing shall be required for the project. The applicant shall contain debris on-site during construction so that it does not migrate onto adjacent properties. All HVAC equipment shall be located in the rear (east side) of the four-plex. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the ORDER CONDITIONAL USE PERMIT (cuP-o2-oog) -2 location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part of the conditional use permit shall not be considered without modification of the conditional use permit and additional public hearings. STANDARD REQUIREMENTS 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. 2~ 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 (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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 Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. Screen trash areas on at least three (3) 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. Trash enclosures shall not be included in required buffer areas. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. ORDER CONDITIONAL USE PERMIT (CUP-02-009) -3 Adopt 1. Adopt 1. During this time, the permit holder shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Meridian Fire Department Recommendations as follows: The project shall have a fire-flow as required by the Uniform Fire Code for the One and two family dwellings will require a fire-flow of 1,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The addresses shall be posted in 6" numbers on the street side of the building & small numbers shall be posted on each entry door. Ada County Highway District Recommendations as follows: Dedicate 25-feet of right-of-way from the centerline of King Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because King Street is a local street and is to be brought to adopted standards by the developers of abutting properties. Applicant is proposing to provide tandem parking off the alley. The applicant is required to pave the entire width of the alley to its full-required width of 16-feet and to the nearest street and abutting the parcel. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street abutting the parcel. Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete sidewalk to match the new improvements. ORDER CONDITIONAL USE PERMIT (CUP-02-009) -4 5. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 7. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 8. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9. Any existing irrigation facilities shall be relocated outside of the right-of-way. 10. Compy with all of ACHD's Standard Requirements listed in their report dated April 5, 2002. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. 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. Adopt the Recommendation of Sanitary Service as follows: 1. Allow access to the waste receptacles from the alley. Additionally, comply with the action of the City Council from their meeting held on June 4, 2002, as follows: 1. Just for clarification pertaining to the paved portion of the alley, the applicant shall, as shown on the Site Plan, pave from the street out to the back side of the property. ORDER CONDITIONAL USE PERMIT (CUP-02-009) -5 To clarify the fencing issue, no fencing shall be required as addressed within Recommendation No. 7 above. o The applicant shall be allowed the setbacks to be reduced to eight feet from the second story elevation bump out, as addressed within Recommendation No. 5 above. 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 the City Council at its regular meeting held on the ~ 2002. R'6be~ D. Corrie, Mayor"L'rity of Meridian day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ,~,, ~ ~ ~ ~, m ~, o By~.~y Clerk ( 8Eah Z:\WorkWl\MeridianWIeridian 15360MXThornton Four-Plex CUP-02-009\OrderCUP.doc~ t . ORDER CONDITIONAL USE PERMIT (CUP-02-009) -6