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HomeMy WebLinkAboutTerrace Plaza CUP-00-025 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT IN I-L ) ZONE FOR SECOND BUILDING ) LOCATED AT 199 N. LINDER ) ROAD, MERIDIAN, IDAHO ) ) TERRACE PLAZA, LLC ) APPLICANT. ) ) 06-28-00 Case No. CUP-OO-025 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 HaU, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Susan Wildwood, 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 malces the follovving Findings of Fact, Conclusions of Law and Decision and Order to-vvit: FINDINGS QF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-00-025) - 1 FINDINGS OF FACT 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 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 selvice 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 SS 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone, by reason of the provisions of the Meridian City Code S 11-17 -4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-00-025) - 2 4. The property is located at 199 N. Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is Terrace Plaza, LLC of Boise. 6. Applicant is owner of record. 7. The subject property is currently zoned I~L. The zoning district of I-L 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 a planned unit development to construct a second building on a lot. The I-L 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 Planning and Zoning Commission 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 Boundaly. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L/ (CUP-00-025) - 3 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 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 the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance ancl/or as detailed in site~specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 and in accordance with Americans with Disabilities Act (ADA) requirements.. 12.2 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 site drainage shall be contained and disposed of on-site. 12.3 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 12.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 12.5 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 12.6 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.7 Sanitary sewer and water service to this site is planned to be provided by extending services from the existing mains installed adjacent to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-OO-025) - 4 subject site. Applicant to coordinate routing and placement of lines with Public Works Department. 12.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 12.9 Applicant is proposing to add three (3) new planters in the parking lot south of the proposed building and a landscape strip on the west end of the new parking lot. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 12.10 As a PD, a minimum of 10% of the gross land area must be open space. The City has typically allowed commercial and industrial uses to include landscape buffers/planters to meet this minimum. The total site area is 101,059 sq. ft., so the minimum required landscape area is 10,106 sq. ft. The Applicant has calculated the total landscape area as 19,493 sq. ft., which exceeds the ordinance requirement. 12.11 The 9.51' gravel bed at the west end of the proposed building is for the drainage for the north side. Shrubs, trees and/or sod in this area is required to provide a cooler effect on the building and to soften the aesthetics of the solid west elevation for any future development to the west. 12.12 One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance 11-13-4.B.3.c. The "Project Information" box on the Site/Landscape Plan (Sheet T-l) cites a total of 49,866 s.f. of asphalt area, which requires 33 trees (total site). Only 27 trees are provided. A minimum of six (6) additional trees must be added, which may be added anywhere on the 2.32-acre site. One option for the Applicant to consider is the west end of the building cited in 12.11 above. A revised, detailed landscape plan showing compliance with this requirement must be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 12.13 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L/ (CUP-00-025) - 5 Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 12.14 Applicant has stated the only signage they intend for the new building will be limited to address listings of the tenant bays. If proposed as a new, free-standing sign, it must be placed outside any sight triangles along Under Road and be limited to a low profile, monument type sign. A separate application for a sign permit is required. 12.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Two (2) handicap stalls and access aisle on the south parking row shall be relocated to the north parking row, west of the center planter, to provide a more direct, unobstructed access to the tenant units. There are ten (10) building units. Should future tenants in the westernmost unit require handicap accessibility, it would be more than 165 feet from the south row to access this unit. Adopt the Recommendations of the Meridian Fire Department as follows: 12.16 All codes will have to be met. l2.17 A hydrant will have to be added west. Adopt the Recommendations of the Central District Health Department as follows: 12.18 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. 12.19 Run-off is not to create a mosquito breeding problem. 12.20 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.21 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP.OO-025) " 6 disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of Sanitary Services as follows: 12.22 Dumpster enclosure has adequate width but needs more depth. Adopt the Recommendation of Nampa & Meridian Irrigation District: 12.23 All storm water is to be retained on site. 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. 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. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L / (CUP-00-025) - 7 17. The uses proposed within the subject application 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. 18. 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 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 (LC. s67-6503). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-LI (CUP-00-025) - 8 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 pennit 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 s II ~ 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 existing 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; f. 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; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, propeny 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 imponance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-LI (CUP-OO-025) - 9 5. Prior to granting a conditional use permit in a Light Industrial District (I-L), 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 S 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 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 S 11-17 -6 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L I (CUP-OO-025) -10 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; 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 PERlvlIT 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 a planned unit development for second building, subject to the following conditions of use and development: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-LI (CUP-OO-025) - II Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-13 of 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 Sections 11-13-4 and in accordance with Americans with Disabilities Act (ADA) requirements.. 1.2 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. IO~I-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.3 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 1.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 1.5 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.6 All construction shall conform to the requirements of the Americans with Disabilities Act. 1,7 Sanitary sewer and water service to this site is planned to be provided by extending services from the existing mains installed adjacent to the subject site. Applicant to coordinate routing and placement of lines with Public Works Department. 1.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 1.9 Applicant is proposing to add three (3) new planters in the parking lot south of the proposed building and a landscape strip on the west end of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-LI (CUP-OO-025) - 12 the new parking lot. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 1.10 As a PD, a minimum of 10% of the gross land area must be open space. The City has typically allowed commercial and industrial uses to include landscape buffers/planters to meet this minimum. The total site area is 101,059 sq. ft., so the minimum required landscape area is 10,106 sq. ft. The Applicant has calculated the total landscape area as 19,493 sq. ft., which exceeds the ordinance requirement. 1.11 The 9.511 gravel bed at the west end of the proposed building is for the drainage for the north side. Shrubs, trees and/or sod in this area is required to provide a cooler effect on the building and to soften the aesthetics of the solid west elevation for any future development to the west. 1.12 One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance 11-13-4.B.3.c. The "Project Information" box on the Site/Landscape Plan (Sheet T~l) cites a total of 49,866 sJ. of asphalt area, which requires 33 trees (total site). Only 27 trees are provided. A minimum of six (6) additional trees must be added, which may be added anywhere on the 2.32-acre site. One option for the Applicant to consider is the west end of the building cited in 12.11above. A revised, detailed landscape plan showing compliance with this requirement must be submitted at the time of Certificate of Zoning Compliance and Building Permit application. 1.13 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.14 Applicant has stated the only signage they intend for the new building will be limited to address listings of the tenant bays. If proposed as a new, free-standing sign, it must be placed outside any sight triangles along Linder Road and be limited to a low profile, monument type sign. A separate application for a sign permit is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L I (CUP-OO-025) - 13 1.15 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Two (2) handicap stalls and access aisle on the south parking row shall be relocated to the north parking row, west of the center planter, to provide a more direct, unobstructed access to the tenant units. There are ten (10) building units. Should future tenants in the westernmost unit require handicap accessibility, it would be more than 165 feet from the south row to access this unit. Adopt the Recommendations of the Meridian Fire Department as follows: 1.16 All codes will have to be met. 1.17 A hydrant will have to be added west. Adopt the Recommendations of the Central District Health Department as follows: 1.18 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. 1.19 Run-off is not to create a mosquito breeding problem. 1.20 Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.21 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of Sanitary Services as follows: 1.22 Dumpster enclosure has adequate width but needs more depth. Adopt the Recommendation of Nampa & Meridian Irrigation District: 1.23 All storm water is to be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L I (CUP-OO-025) . 14 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code s 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-LI (CUP-OO-025) - 15 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 S 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 decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. c -/.6- By action of the City Council at its regular meeting held on the .7 day of J ~~ .2000. ROLLCALL COUNCILMAN RON ANDERSON VOTED--i/i-cL COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED -f/!:-/Jl./ VOTED$- COUNCILMAN CHERIE McCANDLESS - MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 'i-5 --00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L I (CUP-OO-025) - 16 MOTION: APPR.oVED:i/!L 1 L/ r:; - r;() DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Bydl~~~/9- City Clerk {/ Dated: 7 .,.- ~ .;-0 iJ msglZ:\ Work\M\Meridian ] 53 60M\Terrace Plaza CUP\CUPFindings025,wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY TERRACE PLAZA, LLC ZONED I-L! (CUP-OO-025) -17