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HomeMy WebLinkAboutO'Neill Homes, L.L.C. CUP-01-001BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-03-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF AN EXISTING RESIDENCE INTO AN OFFICE, LOCATED IN AN L-O ZONE, MERIDIAN, IDAHO TOOTHMAN-ORTON ENGINEERING / JOHNSON DESIGN APPLICANT FOR: O'NEILL HOMES, L.L.C. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-01-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 20, 2001 and continued until April 3, 2001, 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, appeared and testified, and appearing and testifying on behalf of the Applicant was Scott Beecham, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 makes the following Findings of Fact, Condusions of Law and Decision and Order tO- wit: 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 March 20, 2001 and continued until April 3, 2001, 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 March 20, 2001 and continued until April 3, 2001, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an L-O 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 385 S. Locust Grove Road, Meridian, Idaho. 5. The owner of record of the subject property is O'Neill Homes, LLC of Boise, Idaho. 6. Applicant is owner of record. 7. The subiect property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2 G. 8. The proposed application requests a conditional use permit for conversion of an existing residence into an office. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance does not normally require a conditional use permit be obtained for this type of use. (Meridian City Zoning and Development Ordinance, Section 11-8-1). However, a previous development agreement required developers to go through the conditional use permit process for the property. 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 talces 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 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 Planning and Zoning and Engineering staff as follows: 12.1 Sanitary sewer and water service to this site is not available to the subject site at this time. The existing sewer septic system and domestic well shall be utilized. Approval of this application needs to be subject to the requirement that sanitary sewer and water shall be extended to and through this parcel with any future development on the parcel, or after a period of six-years, which ever comes first. Applicant to coordinate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 12.2 12.3 12.4 12.5 12.6 routing and placement of lines with Public Works Department. Applicant shall coordinate screened trash endosure location and construction requirements with Sanitary Service Company. All trash areas are to be enclosed by a screening fence on at least three (3) sides. Applicant has stated the only signage they intend for the office building will be limited to on-building signs. No freestanding signs are proposed. If, in the future, any freestanding signs are proposed, they shall conform to the new sign ordinance, as follows: maximum height = 8 feet, maximmn background area = 50 square feet. The required number of parking stalls appears to be met by the plan. The structure is I632 s.f. Office uses require one space per 400 s.f. This shall require four parldng spaces. The handicap parking space width does not meet ADA standards for a van-accessible space. This space shall be increased to a total width of 16 feet (8-foot stall plus 8- foot aisle). The aisle shall be striped separately from the stall and van- accessible signage shall be installed. The undeveloped portion of the lot shall be mowed and kept free of weeds greater than 8" tall. The Commission/Council concur with the submitted landscape plan as meeting the intent of the Landscape Ordinance with one modification: the trees along the south property line need to continue along the driveway out to Locust Grove, with one tree per 35 1.f. The plan approval is based on the following findings: A 25-foot wide street buffer is required along Locust Grove, beyond right-of-way, with one tree per 35 1.f. A 20-foot wide buffer screen (60% solid) is required adjacent to the residential lot north of the subject property. The double row of trees provided along the north side of the parking lot meets this requirement. The south property line is required to have the 5-foot perimeter buffer adjacent to the driveway and parldng areas, with one tree per 35 1.f. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.7 12.8 The landscape treatment of the ground plane is not specified on the proposed plan. All required landscape areas shall be vegetated with grass, shrubs, or other vegetative groundcover. ACHD is requiring the dedication of 48 feet of right-of-way from the centefline of Locust Grove Road. However, the Site Plan currently shows only 25 feet from centefline to edge of landscape buffer. The 25- foot wide street buffer is required beyond the 48 feet of fight-of-way dedication. 12.9 12.10 12.11 12.12 12.13 12.14 Applicant shall submit a modified site/landscape plan with the submittal for a Certificate of Zoning Compliance, showing the additional trees, correct fight-of-way, ground plane landscaping, handicap parking striping and signage, and full planting schedule. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of 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 parldng areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 12.15 12.16 be contained and disposed of on-site. 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. Applicant shall provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. 12.17 12.18 12.19 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. 12.20 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. Adopt the Recommendations of the Ada County Highway District as follows: 12.21 Applicant shall pave the driveways to their full-required width to a point beyond the edge of pavement abutting Locust Grove Road. 12.22 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.23 Applicant shall dedicate 48 feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 12.24 Applicant shall provide a $2,890 deposit to the Public Right-of-way Trust Fund at the District for the required street improvements of approximately 149 feet of curb, gutter, 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel. Adopt the Recommendations of the Central District Health Department as follows: 12.25 The building appears to be on a septic system. An accessory use application shall be made with CDHD to determine whether or not septic system is adequate for proposed use. Adopt the Recommendations of the Meridian Fire Department as follows: 12.26 An acknowledgment letter from the Fire Chief, evidencing that fire hydrants shall only be installed upon further development. A fire hydrant shall be installed upon further development of the property, or after a period of six-years, whichever comes first. 12.27 An adequate turnaround area shall be constructed. This turnaround shall utilize the planned driveway and drive aisles as proposed on the submitted site plan. 12.28 Any further development shall require a conditional use permit. 12.29 All driveways and required parking areas shall be paved in accordance with Section 11-13-4.D, unless otherwise restricted. The area in front of (to the east of) the detached two car garage shall be maintained in gravel per the requirements of the Central District Health Department. This area shall be subject to paving at the time of connection to sanitary Scwcr. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 13.1 The subject property is designated on the "Generalized Land Use Map" as "Single-Family Residential". 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 "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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 the general vicinity and that such use will not change the essential character of the same area; uses; Will not be hazardous or disturbing to existing or future neighboring 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, 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 Limited Office District (L-O), 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 Conunission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 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 2I, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 the conversion of an existing residence into an office in an L-O zone at 385 S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1.1 1.2 1.3 1.4 Sanitary sewer and water service to this site is not available to the subject site at this time. The existing sewer septic system and domestic well shall be utilized. Approval of this application needs to be subject to the requirement that sanitary sewer and water shall be extended to and through this parcel with any future development on the parcel, or after a period of six-years, which ever comes first. Applicant to coordinate routing and placement of lines with Public Works Department. Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. All trash areas are to be enclosed by a screening fence on at least three (3) sides. Applicant has stated the only signage they intend for the office building will be limited to on-building signs. No freestanding signs are proposed. If; in the future, any freestanding signs are proposed, they shall conform to the new sign ordinance, as follows: maximum height = 8 feet, maximum background area = 50 square feet. The required number of parking stalls appears to be met by the plan. The structure is 1632 s.f. Office uses require one space per 400 s.f. This shall require four parMng spaces. The handicap parldng space width does not meet ADA standards for a van-accessible space. This FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 1.5 1.7 1.8 1.9 1.10 space shall be increased to a total width of 16 feet (8-foot stall plus 8- foot aisle). The aisle shall be striped separately from the stall and van- accessible signage shall be installed. The undeveloped portion of the lot shall be mowed and kept free of weeds greater than 8" tall. The Commission/Council concur with the submitted landscape plan as meeting the intent of the Landscape Ordinance with one modification: the trees along the south property line need to continue along the driveway out to Locust Grove, with one tree per 35 1.f. The plan approval is based on the following findings: A 25-foot wide street buffer is required along Locust Grove, beyond right-of-way, with one tree per 35 1.f. A 20-foot wide buffer screen (60% solid) is required adjacent to the residential lot north of the subject property. The double row of trees provided along the north side of the parking lot meets this requirement. The south property line is required to have the 5-foot perimeter buffer adjacent to the driveway and parldng areas, with one tree per 35 1.f. The landscape treatment of the ground plane is not specified on the proposed plan. All required landscape areas shaI1 be vegetated with grass, shrubs, or other vegetative groundcover. ACHD is requiring the dedication of 48 feet of right-of-way from the centefline of Locust Grove Road. However, the Site Plan currently shows only 25 feet from centerline to edge of landscape buffer. The 25- foot wide street buffer is required beyond the 48 feet of right-of-way dedication. Applicant shall submit a modified site/landscape plan with the submittal for a Certificate of Zoning Compliance, showing the additional trees, correct right-of-way, ground plane landscaping, handicap parking striping and signage, and full planting schedule. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 1.11 1.12 1.13 1.14 1.15 1.16 1.17 Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. All required improvements shall be cornplete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (induding paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. Off-street parldng shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of 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 parldng areas. All site drainage shall be contained and disposed of on-site. 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. Applicant shall provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash endosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 1.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 1.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.20 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. Adopt the Recommendations of the Ada County Highway District as follows: 1.21 Applicant shall pave the driveways to their full-required width to a point beyond the edge of pavement abutting Locust Grove Road. 1.22 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.23 Applicant shall dedicate 48 feet of right-of-way from the centefline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed. 1.24 Applicant shall provide a $2,890 deposit to the Public Right-of-way Trust Fund at the District for the required street improvements of approximately 149 feet of curb, gutter, 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel. Adopt the Reconunendations of the Central District Health Department as follows: 1.25 The building appears to be on a septic system. An accessory use application shall be made with CDHD to determine whether or not septic system is adequate for proposed use. Adopt the Recommendations of the Meridian Fire Department as follows: 1.26 An acknowledgment letter from the Fire Chief, evidencing that fire hydrants shall only be installed upon further development. A fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 1.27 1.28 1.29 City Code § 3. hydrant shall be installed upon further development of the property, or after a period of six-years, whichever comes first. An adequate turnaround area shall be constructed. This turnaround shall utilize the planned driveway and drive aisles as proposed on the submitted site plan. Any further development shall require a conditional use permit. All driveways and required parldng areas shall be paved in accordance with Section 11-13-4.D, unless otherwise restricted. The area in front of (to the east of) the detached two car garage shall be maintained in gravel per the requirements of the Central District Health Department. This area shall be subject to paving at the time of connection to sanita~ sewer. The conditions shall be reviewable by the Coundl pursuant to Meridian 11-17-9. 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 - 17 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 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 dayof ~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHEKIE McCANDLESS MAYOR ROBERT ,~2 CORRIE (TIE BREAKER) DATED: 4-/7 ~5)/ VOTED__~g VOTED VOTED VOTED VOTED MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ~)~ J~ ~ Dated: By City ~l~rk ' e / \~qPA_NTS40_PDC~ERVER_Z~Work~VKMeridian~Meridian 15360M~O'NeilI Homes CUP01-00I~FfCIsCUP01001 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 19 BEFORE THE MERIDIAN CITY COUNCIL C/C 4/3/01 IN THE MATTER OF THE APPLICATION ) OF O'NEILL HOMES, LLC, FOR A ) CONDITIONAL USE PERMIT FOR ) CONVERSION OF AN EXISTING RESIDENCE ) INTO AN OFFICE, LOCATED IN AN L-O ZONE) MERIDIAN, IDAHO ) TOOTHMAN-ORTON ENGINEERING / JOHNSON DESIGN APPLICANT FOR: O'NEILL HOMES, L.L.C. APPLICANT. ) ) ) ) ) ) ) CASE NO. CUP-O1-001 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 3ra day of April, 200 l, 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: That the Applicant of the property is granted a conditional use permit for conversion of an existing residence into an office, as described in the "SITE/LANDSCAPE PLAN, Drawn CDM, Checked TSJ, Date JAN. 2,200, Sheet A-I.O, A-OFFICE 1.0.dwg 1-1-01, WOODBRIDGE CONSTRUCTION OFFICE, JOHNSON DESIGN, L.L.C, O'NEILL HOMES," O'Neill Homes, LLC, Developer, for the development of the aforementioned conversion of an existing residence into an office, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL HOMES CUP-01-001 PAGE i OF 6 PARCEL B A parcel of land in the SE 1/4 of the NE 1/4 of Section 18, T.3N., R. 1E., B.M., Ada County, Idaho, described as BEGINNING at the southeast comer of the northeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast corner of said Section 18; thence South 89 degrees 11 1/2' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, North 0 degrees 55' East, 149.0 feet to a steal pin; thence North 89 degrees 11 1/2' East, 436.3 feet to a steel pin; thence, South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less. That the above named Applicant is granted a conditional use permit for conversion of an existing residence into an office, located at 385 S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 2.1 2.2 Sanitary sewer and water senrice to this site is not available to the subject site at this time. The existing sewer septic system and domestic well shall be utilized. Approval of this application needs to be subject to the requirement that sanitary sewer and water shall be extended to and through this parcd with any future development on the parcel, or after a period of six-years, which ever comes first. Applicant to coordinate routing and placement of lines with Public Works Department. Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. All trash areas are to be enclosed by a screening fence on at least three (3) sides. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT/O'NEILL HOMES CUP-01-001 PAGE 2 OF 6 2.3 Applicant has stated the only signage they intend for the office building will be limited to on-building signs. No freestanding signs are proposed. If, in the future, any freestanding signs are proposed, they shall conform to the new sign ordinance, as follows: maximum height = 8 feet, maximum badcground area = 50 square feet. 2.4 The required number of parking stalls appears to be met by the plan. The structure is 1632 s.f. Office uses require one space per 400 s.f. This shall require four parking spaces. The handicap parking space width does not meet ADA standards for a van-accessible space. This space shall be increased to a total width of 16 feet (8-foot stall plus 8- foot aisle). The aisle shall be striped separately from the stall and van- accessible signage shall be installed. 2.5 The undeveloped portion of the lot shall be mowed and kept free of weeds greater than 8" tall. 2.6 The Conunission/Council concur with the submitted landscape plan as meeting the intent of the Landscape Ordinance with one modification: the trees along the south property line need to continue along the driveway out to Locust Grove, with one tree per 35 1.f. The plan approval is based on the following findings: A 25-foot wide street buffer is required along Locust Grove, beyond right-of-way, with one tree per 35 1.f. A 20-foot wide buffer screen (60% solid) is required adjacent to the residential lot north of the subject property. The double row of trees provided along the north side of the parking lot meets this requirement. The south property line is required to have the 5-foot perimeter buffer adjacent to the driveway and parldng areas, with one tree per 35 1.f. 2.7 The landscape treatment of the ground plane is not specified on the proposed plan. All required landscape areas shall be vegetated with grass, shrubs, or other vegetative groundcover. 2.8 ACHD is requiring the dedication of 48 feet of right-of-way from the centerline of Locust Grove Road. However, the Site Plan currently shows only 25 feet from centerline to edge of landscape buffer. The 25- foot wide street buffer is required beyond the 48 feet of right-of-way dedication. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL HOMES CUP-01-001 PAGE 3 OF 6 2.9 2.10 2.11 2.12 2.13 2.14 2.15 Applicant shall submit a modified site/landscape plan with the submittal for a Certificate of Zoning Compliance, showing the additional trees, correct right-of-way, ground plane landscaping, handicap parldng striping and signage, and full planting schedule. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of 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 parldng areas. All site drainage shall be contained and disposed of on-site. 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. 2.16 Applicant shall provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section I 1-13-4.B.3.c. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL HOMES CUP-O 1-001 PAGE 4 OF 6 2.17 2.18 2.19 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 1 ]-12-1 .C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. Ail construction shall conform to the requirements of the Americans with Disabilities Act. 2.20 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. Adopt the Recommendations of the Ada County Highway District as follows: 2.21 Applicant shall pave the driveways to their full-required width to a point beyond the edge of pavement abutting Locust Grove Road. 2.22 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.23 Applicant shall dedicate 48 feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed. 2.24 Applicant shall provide a $2,890 deposit to the Pnblic Right-of-way Trust Fund at the District for the required street improvements of approximately 149 feet of curb, gutter, 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel. Adopt the Recommendations of the Central District Health Department as follows: 2.25 The building appears to be on a septic system. An accessoq~ use application shall be made with CDHD to determine whether or not septic system is adequate for proposed use. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT/O'NEILL HOMES CUP-01-001 PAGE 5 OF 6 Adopt the Recommendations of the Meridian Fire Department as follows: 2.26 An acknowledgment letter from the Fire Chief, evidencing that fire hydrants shall only be installed upon further development. A fire hydrant shall be installed upon further development of the property, or after a period of six-years, whichever comes first. 2.27 An adequate turnaround area shall be constructed. This turnaround shall utilize the planned driveway and drive aisles as proposed on the submitted site plan. 2.28 Any further development shall require a conditional use permit. 2.29 All driveways and required parMng areas shall be paved in accordance with Section 11-13-4.D, unless otherwise restricted. The area in front of (to the east of) the detached two car garage shall be maintained in gravel per the requirements of the Central District Health Department. This area shall be subject to paving at the time of connection to sanitary sewer. 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. 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 perm D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: Z:\Wor kLM~Meridian~Vleridian 15360Ivl~O'Neill Homes CUP01-001 \CUPOrder01-001 .doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT/O'NEILL HOMES CUP-01-001 PAGE 6 OF 6