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HomeMy WebLinkAboutGenerations Plaza II CUP-00-023 i. ..;..: ..;..... c.".....:' t~ ( . . l~ ~: :. .. BEFORE THE MERlDIAN CITY COUNCIL IN THE MAlTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE IN OT ZONE, LOCATED AT LOTS 17, 18, 19 AND 20, BLOCI(S, MERlDIAN TOWNSITE, MERIDIAN, IDAHO COLE ASSOCIATES, APPLICANT. 06-15-00 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OO-023 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 6, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and the Paries and Recreation Director, Tom ICuntz, appeared and testified, and appearing on behalf of the Applicant were Stan Cole and Gary Benoit, and the City Council having duly considered the evidence and the record in this matter and the Recormnendations to City Council iss~ed by the Planning and Zoning COlnmission who conducted a public hearing and the Council having heard and talcen oral and written testimony, and having duly FINDINGS OF FACT AND CONCLUSIONS OF LA.W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARA.GE AND CONSTRUCTION OF 2-STORY RETAlUOFFICE (CUP-OO-023) - 1 y :~... ... . t. t." C."U: .. , .~ \. ...:.. . considered the lnatter, the City Council hereby mal<es the follovving Filldil1gS of Fact, Conclusions of Lavv and Decision and Order to-vvit: FINDINGS OF FACT I. A notice of a public hearing on the conditionalllse permit vvas pltblished for two (2) consecutive weel<s prior to the said public hearing scheduled for June 6, 2000, before the City Council, the first publication appearing and written notice having been lnailed to property ovvners or purchasers of record within three htmdred feet (300r) 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 nevvspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 6,2000, public hearing; and the applicant, affected property ovvners, and government subdivisions providing services "vithin 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 367-6509, 6512, and Meridian City Code 99 11~IS-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Affidavit of Publication and Proof of Posting frIed "vith the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERL\1IT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAlUOFFICE (CUP-OO-023) - 2 (:.~.'.<.:. : ( \.. 3. This proposed development request is in Old TO\VI1 (0..1"'), by reason of tIle provisions of the Meridian City Code S 11-17 -4, a public hearing vvas required before t11e City Council on this application. 4 ~ The property is located at I st and Pine, legally described as Lots I 7, 18, 19 and 20, Bloclc 5, Meridian Townsite, Meridian, Idaho. 5. The owner of record of the subject property is Stewart-laney-Benoit of Boise. 6. Applicant is Cole Associates Architects of Boise. 7. The subject property is currently zoned OT~ The zoning district of OT is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2L. 8. The proposed application requests a conditional use permit for demolition of existing auto garage and construction of 2-story retaiVoffice~ The OT 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 Policy. 11. The Meridian City Council recognizes the Meridian Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlvIIT BY COLE ASSOCIATES FOR DE1vl0LITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2..STORY RETAIUOFFICE (CUP-OO-023) - 3 (. ('.-... COlnmission's concerns of NIr. Champion dated May 9,2000. 12. The Meridian City Council ta!ces judicial notice of its Zoning, Subdivision and Developlnent Ordinances codified at Titles II and 12, Meridian City Code and all current zoning l11aps thereof and the Comprehensive Plan of the City of Meridian, a11d Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of developlnent 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 vvithin the planning jurisdiction of the City of Meridian: Adopt the recommendations of Planning and Zoning and Engineering staff as follows: 13 .1 Off..street parking shall be provided as modified in the variance which was ~ granted to Applicant, in Case No. V AR-OO-008, by the City Council on June 6, 2000, and in accordance with Americans with Disabilities Act (ADA) requirements. 13 · 2 Outside lighting shall be designed and placed so as not to direct ill umination on any nearby residential areas and in accordance with City Ordinance Section I 1-13-4~C. 13.3 Sanitary sevver and water to this facility would be via existing service lines. Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian~ An assessment agreement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2..STORY RETAIUOFFICE (CUP-OO-023) - 4 ;. ~~ ( \ . is a vehicle that protects the City of lVleridian and the Developer in the event that estimated asseSSlnents arc not in litle with actual llsages. Tl1e agreell1ent provides for reiluburselnent to the developer for over payment of assessments and paymellt to the City of 1VIeridian of any shortfall in assessments. The overpaynlentlshortfall is deterlnined after adeqllate historical usage. 13~4 AB part of a conditional use permit, the City of Meridian may ilnpose restrictions and conditions in addition to current City Ordinances. 13.5 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service1 Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence. 13.6 Submit a letter of plan approval from Ada County Highway District vvhen applying for a Certificate of Zoning Compliance. 13.7 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8' at planting. 13.8 Handicap parl<.ing, associated signage and building construction shall meet the requirements of the Americans vvith Disabilities Act. 13.9 No signage has been proposedJ and none is approved with this application. All signage will be subject to design review and require separate permits. Tenlporary signs, banners, flags, etc., vviIl be specifically prohibited. 13.10 This conditional use permit shall be subject to revievv upon ten (10) days notice to the applicant. The current applicant is shown to be the architect. · Cole Associates. The applicant should .be the owner of the property (Laneyland) . Transfer of the conditional use permit "viII need. to be submitted and approved by the Zoning Administrator for any new owners/tenants. 13 · II Any outdoor seating areas need to be defined for review as a part of this application. Pedestrian walkways (minimum vvidth of five feet) associated . with any outdoor seating areas need to be provided on the applicant's Ovvn . property. This nlay entail reduction i11 size of the building. The patio vviII FINDINGS OF FACT A1'1D CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING f\UTO GARAGE AND CONSTRUCTION OF 2-STO.RY RETAIUOFFICE (CUP..OO-023) - 5 (.~.~..... .(:".... ... .. . ( . . ... be allovved in the vacated area~ There needs to be 8' of alleyvvay '\tvhicll "viII be covered with pavers~ An easement vviII be created at the existing alleyvvay for se""ver etc and maintain the existing flow of traffic in the alleyvvay and to \vorlc closely "vith ACHD in this respect. 13 · 12 The existing alley is proposed to be vacated . One-half of tIle alley ( eight feet) vVOllld go to the subject property, the other half vvould revert bacl< to the City of Meridian to be included as part of the expanded Generations Plaza~ The current site plan shovvs the encroachment of an awning over the future property line. This needs to be modified to prevent such encroachment. 13~13 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be Sllbmitted to the City Engineer for all off-street parl<ing areas. All site drainage shall be contained and disposed of on-site. No drainage shall be diverted to City of Meridian property. 13 ~ 14 Applicant is proposing to vacate a portion of the alley. The City has an existing sewer main in this alley. If the alley is vacated, the applicant would be required to provide an easement to the City for maintenance of this lil1e. The easement agreement shall include provisions that, should the sewer line need to be repaired] all costs to replace improvements on applicant's property will be borne by the applicant. 13 · 15 The lad, of windows on portions of the east side of the building seems to detract from the overall project. The Planning & Zoning Commission should state their design criteria concerns and make recommendations to the applicant. Also, please provide a south elevation, as this design should receive particular attention due to its adjacency to the City's Generations Plaza~ North side of east elevation, the applicant will create some sort of symmetry for the building to achieve an aesthetically pleasing appearance. 13.16 To prevent confusion vvith City-owned facilities, the project should be named something other than Generations Plaza4 13.17 Maintain the existing flow of traffic in the alleyvvay; worl( closely with ACHD on the same. There are many issues to be considered with this project~ Staff considers two of the most Sigt1ificant issues the lacl, of parking a11d redirection of the one~vvay alley. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) ~ 6 (.. . One 5c11001 of thOllght on the parl<ing issue is t11at surface parl<ing lots are an inefficient, llnsightly, and counterproductive use of space in the dO\1Vl1tO\Vl1 core and reSlllt in lovver densities~ They contribute to more auton1obiles in the dOvvntovV!1 core searching for parl<ing~ This creates a less inviting environment for pedestrians seel<.ing to use the dOvvntovvn core to socialize, recreate, shop and vvorl(. VYhenever possible, opportllnities should be explored to replace surface lots "vith pedestrian friendly parl<s, plazas, outdoor eateries and shopping courts to enhance the overall appeal and vitality of our dOvVIltOwn. The City's current parlcing requirements reflect the dependence on the automobile. The applicant has indicated a willingness to asl( employees to parl< in an area other than the adjacent surface parl<ing lot. Hovvever, this requirement CaI1 also cause problems in recnliting prospective tenants and employees due to the inconvenience. Some jurisdictions actually have a maximum amount of allowable off-street parking. Other business owners in the downtown core are understandably concerned about the lac1< of parl<.ing. Paisano's Restaurant received a variance from the off-street parl<ing reqllireIllents. TIle City needs to explore parl<ing alternatives/solutions, which could inclllde t11e follovving: · Fanning an assessment district that could charge individual properties based on required vs. provided parl<ing spaces (e.g., for every space the applicant do~s not provide, the applicant would pay a set fee). · Provide periphery parking lots/parlG.ng garage with a Shtlttle service to the downtown area · Impose time limits on all downtown parking vvhich would require employees to park elsevvhere. · Signage to direct shoppers to alternate parking sites. As for the one..way alley issue, the Meridian Fire Department and Police Department need to seriously consider this option and the consequences related thereto. Specific design criteria needs to be established to facilitate adequate turning radii and signage. Adopt the Recommendation of the Meridian Fire Department as follows: 13 .1 $ Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydra11ts. 13.1 ~ Fire sprinkler systems will need to be approved by Meridian Fire : Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1v1IT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) .. 7 / I" ~~ 1. . Adopt the Recommendation of the Central District Healtl1 Department as follovvs: 13.20 Applicant shall SUbll1it plans for revievv for a food establishnlent4 Adopt the Recommendation of Sanitary Services as follovvs: 13 .21 The dumpster enclosure and gates are too small. This complex would generate approximately 3 yards of waste per vveel<, 21 to 25 cans per vveel(. Adopt the Recommendations of the Ada County Highway District as follovvs: 13.22 Replace unused curb cuts on E~ 17 Street and Pine Street with standard curb1 gutter and concrete sidevvall< to match existing improvements. 13.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine Street vvith nevv curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 13.24 No access points to E.lst Street have been proposed and none are approved with this application. 13.25 Locate the approach to the entrance only alley on Pine Street approximately 1 aD-feet east of E. V Street. Construct the approach as a 20-foot wide curb return with IS-foot curb radii. Sign the alley for entrance only. Coordinate signage plan vvith District staff4 13.26 Pave the new north/south alley 20-feet wide through the site to District standards. Dedicate 20-feet of right-of-way for the new alley through the parcel. 13.2~ If the alley is vacated along the south property line the applicant shall be required to close the alley/E. 1st Street approach with curbs, gutters, and sidewall<s to match the existing improvements. Coordinate the alley vacation vvith the District's Right-of44Way staff. 13.2~ Other than the alley access specifically approved with this application, direct lot or parcel access to Pine Street is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) - 8 t<" . t,.: 13.29 Applicant shall be required to "build the sidevvall( on the south side of the vacated alley. 14. The proposed uses vvithin the subject application vvill be harmonious vvith and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 14.1 The subject property is designated on the "Generalized Land Use Map" as U Commercial U . 15~ The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 16~ The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. The uses proposed vvithin the subject application will be served adequately by central public facilities and services such as highways, streets1 police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) - 9 (.:, (..,.. ... 19. The development vvill not reslut in the destructio11, 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 197 5 n hereinafter referred to for convenience as the "Act" co.dified 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 Ci ty 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 othervvise prohibited by the terms of the ordinance but allovved 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 revievv the facts and circumstances of each application for special use permit to determine prior to granting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) - 10 (. same tllat the evidential S11ovvil1g supports the finding that the follovving standards are met and that the proposed developlnent: (Meridian City Code 9 11-1 7 -3) a. Will, in fact, constitute a conditional use as determined by City policy; b~ Will be hannonious vvith and in accordance vvith the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the e..'Xisting 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 higJ:rYVays1 streets, police and fire protection, drainage structures, refuse disposal, water, sevver 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 pllblic facilities and services and 'Will not be detrimental to the economic welfare of the conununi ty; g~ Will not involve uses, actlVltleS, processes, materials, equipment and conditions of operation .that will be detrimental to any persons, property or the general vvelfare by reason of excessive prOdtlction of traffic, noise, smol<e, 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 Old Town (O-T), a public hearing shall be conducted with notice to be published and provided to property owners or purchase~s of record within three hundred feet (300') of the external boundaries of t11e land under consideration for the conditional use permit all in accordance with the FINDINGS OF FACT AND CONC.LUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1v1IT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP..OO-023) - 11 f... .. . provisions of Nleridian City Code ~ 11-1 7 -5 City of Meridia11 Zoning and Developnlellt Ordinance, vvhich provides as follo'Vvs: uPrior to approving a Conditional Use Permit, the applicant and the Commissiol1 and Council shall follovv 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 vvhich shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is nlade, the application shall go before the City Council "\iVithout a public hearing and the Council may approve, deny, or modify the recommendation of the Commission. n 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"\iVith conditions or denied.. The Commission shall ensure that any approval Of. approval "\iVith 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 11-1 7 -6) 7~ . When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A~ Minimize adverse impact on other development; B. Control the sequence and timing of development; c. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIO.NAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARA.GE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO..023) - 12 ,F (: . c.:. ....... 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 Compre~ensive Plan of the City of Meridian, vvhich was adopted December 21, 19931 Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERlv1IT 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 demolition of existing auto garage and construction of 2-story retai]Joffice, subject to the follo'Wing co'nditions of use and development: Adopt the recommendations of Planning and Zoning and Engineering staff as follovvs: 1.1 ,Off..street parlcing shall be provided as modified in the variance which vvas granted to Applicant, in Case No. V AR-OO-008, by the City Council on June 6, 2000, and in accordance with Americans with Disabilities Act (ADA) ~. requirements. I ~2 · Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance 'With City Ordinance Section 1 1-13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITlON OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) - 13 f~. .. {".. .:" \.. (" 1.3 Sanitary se'\over and vvater to this facility vvould be via ~'Xisting selVice lil1es. Assessments for sewer and 'Vvater selVice are detennined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated asseSSlnents arc not in line with actual usages. The agreement provides for reimbursement to tlle developer for over payment of assessments and payment to the City of Meridian of any shortfall . in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.4 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 1.5 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance~ All trash areas are to be enclosed "by a screening fence. 1.6 Submit a letter of plan approval from Ada County Highway District vvhen applying for a Certificate of Zoning COlnpliance. I. 7 All required deciduous trees are to be a minimum of 3 n caliper at the time of planting; any conifer trees are to be a minimum of 6-8' at planting. 1 ~8 Handicap parl<ing, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.9 No signage has been proposed, and none is approved with this application. " All signage will be subject to design review and require separate permits. Temporary signs, banners, flags, etc., will be specifically prohibited. 1.10 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. The current applicant is shovvn to be the architect. Cole Associates~ The applicant should be the ovvner of the property (Laneyland). Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new ovvners/tenants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER1V1IT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAlUOFFICE (CUP-OO-023 ) ~ 14 /~ ..-.. ( I ~ II Any outdoor seating areas need to be defined for revievv as a part of tllis application. Pedestrian vvallcways (minimum vvidth of five feet) associated vvith any outdoor seating areas need to be provided on the applicant's 0"Vl1 property. This may entail reduction in size of the building. The patio vvill be allowed in the vacated area. There needs to be 8r of alleyvvay which "viII be covered "vith pavers. An easement vvilI be created at the existing alle)'Yvay for sevver etc and maintain the existing flow of traffic in the alleyway and to worl( closely vvith ACHD in this respect. 1.12 The existing alley is proposed to be vacated. One-half of the alley (eight feet) vvould go to the stlbject property, the other half vvould revert bacl< to the City of Meridian to be included as part of the ~xpanded Generations Plaza. The current site plan shovvs the encroachment of an avvning over the future property line. This needs to be modified to prevent such encroachment. 1.13 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parlcing areas. All site drainage shall be contained and disposed of on-site. No drainage shall be diverted to City of Meridian property. 1.14 Applicant is proposing to vacate a portion of the alley~ The City has an eJdsting sewer main in this alley_ If the alley is vacated, the applicant would be required to provide an easement to the City for mainte11ance of this line. The easement agreement shall include provisions that, should the sewer line need to be repaired, all costs to replace improvements on applicant's property will be borne by the applicant. 1.15 The lack of windows on portions of the east side of the building seems to detract from the overall project. The Planning & Zoning Commission should state their design criteria concerns and make recommendations to the applicant. Also, please provide a south elevation, as this design should · receive particular attention due to its adjacency to the City's Generations Plaza. North side of east elevation, the applicant will create some sort of symmetry for the building to achieve an aesthetically pleasing appearance. 1.16 To prevent confusion with City-owned facilities, the project should be named something other than Generations Plaza. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERIvlIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023 ) - 15 (..; (. 1.17 Maintain the existing flovv of traffic in the alleyvvay; vvorlc closely vvith ACHD on the saIne. There are nlany issues to be considered vvith this project. Staff considers tvvo of the most significa11t issues the lack of parl<ing and redirection of the one-vvay alley. One school of thought on the parl<ing issue is that surface parl<ing lots are an inefficient, unsightly, and counterproductive use of space in the dOwntovVll core and result in lower densities. They contribute to more automobiles in the do\vntovvn core searching for parl<ing. This creates a less inviting environment for pedestrians seel<ing to use the dOvvntovvn core to socialize, recreate, shop and worl(. VVhenever possible, opportunities should be e;qJlored to replace surface lots vvith pedestrian friendly parl<s, plazas, outdoor eateries and shopping courts to enhance the overall appeal and vitality of our dOvvntown. The City~s current parking reqllirements reflect the dependence on the automobile. The applicant has indicated a willingness to asl< employees to parle in an area other than the adjacent surface parl<ing lot. However, this requirement can also cause problems in recruiting prospective tenants and employees due to the inconvenience. Some jurisdictions actually have a mIDdn1um amount of allovvable off.street parking. Other business ovvners in the downtovvn core are understandably concerned about the lacl, of parldng. Paisano t s Restaurant received a variance from the off..street parl<ing requirements. The City needs to explore parking alternatives/solutions, vvhich could include the following: · Fanning an assessment district that could charge individual properties based on required vs. provided parl<ing spaces (e4g., for every space the applicant does not provi~e, the applicant would pay a set fee). · Provide periphery parlcing lots/parlcing garage with a shuttle service to the dovvntovvn area · Impose time limits on all dovvntovvn parking which \vould require employees to park ~lsewhere. · Signage to direct shoppers to alternate parking sites. AB for the orie-way alley issue, the Meridian Fire Department and Police Department need to seriously consider this option and the conseqtlences related thereto. Specific design criteria needs to be established to facilitate adequate turning radii and signage. Adopt the Recommendation of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF lJ\W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAlUOFFICE (CUP-OO-023) - 16 (00.. ...: j.("" .. . t,:.. ... .. 1.18 Applicants shall satisfy all fire code requirements including those pertaining to "vater flovv and fire hydrants. 1 · I 9 Fire sprinlder systelns will need to be approved by Meridian Fire Department. Adopt the Recommendation of the Central District Health Department as follovvs: 1.20 Applicant shall submit plans for revievv for a food establishment. Adopt the Recommendation of Sanitary Services as follows: 1.21 The dumpster enclosure and gates are too small. This comple.,x would generate approximately 3 yards of waste per weel<, 21 to 25 cans per weel(. Adopt the Recommendations of the Ada County Highway District as follows: 1.22 Replace unused curb cuts on E. 1 7 Street and Pine S treet with standard curb, gutter and concrete sidewalk to match existing improvements. 1.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine Street with new curb, gutter and/or concrete sidewallc to match existing improvements. Segtnents to be replaced shall be determined by ACHD Construction Services staff. 1.24 No access points to E.Ist Street have been proposed and none are approved with this application. 1.25 Locate the approach to tl1e entrance only alley on Pine Street approximately IOO..feet east of E. V Street.. Construct the approach as a 20-foot wide curb return with IS-foot curb radii. Sign the alley for entrance only. Coordinate signage plan with District staff. 1.26 Pave the new north/south alley 20-feet wide through the site to District standards. Dedicate 20-feet of right-aE-way for the new alley through the parcel. 1.2 7 If the alley is vacated along the south property line the applicant shall be required to close the alleylE. 1st Street approach "vith curbs) gutters, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERM:IT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) - 17 (" (... .. . . side~vall<s to match the e.r'Xisting improvements. Coordinate the alleyvacation vvith the District's Right-of.Way staff. 1.28 Other than the alley access specifically approved vvith this application, direct lot or parcel access to Pine Street is prohibited~ 1.29 Applicant shall be required to build the sidewalk on the south side of the vacated alley. 2. The conditions shall be revievvable by the Council pursuant to Meridian City Code 9 11-17-9. 3~ The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of ap.proval of the application for a conditional use pennit. 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 Clerl< and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public W orl(s Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2..STORY RETAIUOFFICE (CUP -00-023 ) - 18 ( /.' ... (- NOTICE OF FINAL ACTION Please ta!ce 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 vvho has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within tvventy-eight (28) days after the date of this decision and order seel( a judicial revievv as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the .'? ,-. -1/\ LJ:/ -- day ofJ~ 1 2000. ROLL CA..LL: COUNCILMAN RON ANDERSON VOTED ~ COUNCILPERSON I<EITH BIRD VOTED Ct- COUNCILMAN TAlvIMY deWEERD VOTED ~ COUNCILMAN CHERIE McCANDLESS VOTED ~ NlAYOR R BERT D. CORRIE (TIE BREAI<ER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAvV AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) - 19 j. f. (.. . . MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Worl(s Department and the City Attorney. By. Dated: ~'-UJ~tJtJ \\ \ ~\1U ttUflllJI \.\\, OF t:: I/~I :..." ...c--( ~ I~/., , '" '<t;. ....- '" '" '" ~ ~ U. ~ ~ ~ msglZ:\Work\tv1.\1v1eridian 15360M\Cole Associates\CUPFindings!}23;.r; .~~A ~. ~ V v ~ -€ S~lL l ~ ....1 II- ~ ,. .J4vL · :: ~ ~~ l"''' ~ .~ ~~ q,""' ~ ~ 1?A l~.,.. 1~~ ~ ...0 ~ ...,;, "".-d I" \ " x:-- '"" /~ ~ -, ~ ,..... ~~ / ~ r} }:)OI'..Jt\rrl I\\)\ \ \' ,\" '" \ \ \ 1;J;~~j ;:H1\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR DEMOLITION OF EXISTING AUTO GARAGE AND CONSTRUCTION OF 2-STORY RETAIUOFFICE (CUP-OO-023) - 20 (::J-... coo .. . BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) COLE ASSOCIATES FOR A CONDITIONAL ) USE PERMIT FOR DEMOLITION OF ) EXISTING AUTO GARAGE AND ) CONSTRUCTION OF 2-STORY RETAIU ) OFFICE IN OT ZONE, LOCATED AT LOTS 17,) 18, 19 AND 20, BLOCI( 5, MERIDIAN ) TOWNSITE, MERIDIAN, IDAHO ) . ) 06~15-00 CASE NO~ CUP-OO..023 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City COllncil on the 20th day of June, 200Q} llnder the provisions of Meridian City Code 9 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 talces the following action: 1. That ~he Applicant of the property is granted a COllditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for demolition of existing auto garage and construction of 2-story retaiVoffice, as described in Exhibit "An attached hereto, and consisting of two pages, and incorporated herein as if set fonh in full hereat, and for the development of the aforementioned commercial development for the demolition of existing auto garage and construction of 2-story retaiVoffice, and which property is described as: Lot 17, 18, 19 and 20 in Blocl( 5 of Amended Plat of Townsite of Meridian, according to the official plat thereof] filed in Bool<. I of Plats at Page 50, records of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PER.J.V1IT - PAGE 1 OF 7 BY COLE ASSOCIATES I CUP-OO-023 (... .v" c. Ada COU11ty, Idaho, together with that part of vacated East Pine Avenue adjacent as s110vvn ill Ordinance 872, City of J\lleridian, Idaho. 2~ That the above named applicant is granted a conditiol1al use permit for the demolition of existing auto garage and construction of 2-story retaiVoffice, located at Lots 17, 18, 19 and 20, Blocl< 5, Meridian TOvvnsite, Meridian, Ida11o, subject to the follovving conditions of use and development: Adopt the recommendations of Planning and Zoning and Engineering staff as follovvs: 2.1 Off~street parl<ing shall be provided as modified in the variance which "vas granted to Applicant, in Case No. V AR-OO-008, by the City Council on June 6, 2000, and in accordance with Americans with Disabilities Act (ADA) requirements. 2.2 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance ,vith City Ordinance Section I 1-13-4.C. 2.3 · Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and vvater service are determined during the building permit application process. Applicant shall be required to enter into an AsseSSlnent Agreement with the City of Meridian. An · assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments arc not in line with actllal usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2~4 As part of a conditional use permit, the City of Meridian may irnpose restrictions and conditions in addition to current City Ordinances. 2~5 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERivIIT - PAGE 2 OF 7 BY COLE ASSOCIATES / CUP-OO-023 ( (. 2~6 Submit a letter of plan approval from Ada COllnty Highvvay District vvhen applying for a Certificate of Zoning COll1pliance~ 2~ 7 All required deciduous trees are to be a minimllffi of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8' at planting. 2.8 Handicap parl<.ing, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act~ 2.9 No signage has been proposed, and none is approved vvith this application. All signage vviIl be subject to design revievv and require separate permits~ Temporary signs, banners, flags, etc., "viII be specifically prohibited~ 2.10 This conditional use permit shall be sllbject to review upon ten (10) days notice to the applicant. The current applicant is shovvn to be the architect4 Cole Associates. The applicant shOltld be the ovvner of the property (Laneyland). Transfer of the conditional tlSe permit vviIl need to be submitted and approved by the Zoning Administrator for any nevv owners/tenants. 2411 Any outdoor seating areas need to be defined for revievv as a part of this application4 Pedestrian wallcways (minimum width of five feet) associated with any outdoor seating areas need to be provided on the applicant's own property. This may entail reduction in size of the building. The patio will be allowed in the vacated area~ There needs to be 8t of alleyway which will be covered vvith pavers. An easement will be created at the existing alleyway for sewer etc and maintain the existing flow of traffic in the alleyway and to worl( closely with ACHD in this respect. 2.12 The existing alley is proposed to be vacated4 One-half of the alley (eight feet) vvould go to the subject property, the other half would revert bacl< to the City of Meridiall to be included as part of the expanded Generations Plaza. The current site plan shovvs the encroachment of an avvning over the future property line. This needs to be modified to prevent such encroachment. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERt\l1IT - PAGE 3 OF 7 BY COLE ASSOCIATES / CUP-OO-023 ./............ t~ \,.;,..... . t. ..... 2.13 A drainage pla11 designed by a State of Idaho licensed architect or engineer is required a11d sl1all be submitted to t11e City Engineer for all off..street parlcing areas. All site drainage shall be COl1tained and disposed of on-site. No draillage shall be diverted to City of Meridian property. 2.14 Applicant is proposing to vacate a portion of the alley. The City has all existing sewer main in this alley. If the alley is vacated, the applicant would be required to provide an easement to the City for maintenance of this line. The easement agreement shall include provisions that, should the sewer line need to be repaired, all costs to replace improvements on applicant~s property will be borne by the applicant. 2.15 The lack of windows on portions of the east side of the building seems to detract from the overall project. The Planni11g & Zoning Commission should state their design criteria concerns and mal<e recommendations to the applicant. Also, please provide a south elevation, as this design should receive particular attention due to its adjacency to the City's Generations Plaza. Nort11 side of east elevation, the applicant will create some sort of symmetry for the building to achieve an aesthetically pleasing appearance. 2.16 To prevent confusion with City-owned facilities, the project should be named something other than Generations Plaza. 2.17 Maintain the existing flow of traffic in the alleyway; worl( closely with ACHD on the same. T.here are many issues to be considered with this project. Staff considers two of the most significant issues the lac1( of parking and redirection of the one-way alley. One school.of thought on the parking issue is that surface parlcing lots are an inefficient, unsightly, and counterproductive use of space in the dO"Wl1town core and result in lower densities. They contribute to more automobiles in the downtown core searching for parking. This creates a less inviting environment for pedestrians seeking to use the downtown core to socialize1 recreate, shop and worl(. Whenever possible, o.pportunities should be explored to replace surface lots with pedestrian friendly parl<s, plazas, outdoor eateries and shopping courts to enhance the overall appeal and vitality of OUf dO"Wl1tovVl1. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 7 BY COLE ASSOCIATES / CUP-OO-023 (J ... \~~.... .. .. (........ The City's current parl<.i11g requirelnents reflect t11e dependence 011 the autolllobile. T11e applica11t has indicated a vvillingness to asl( employees to parl<:. in an area other than the adjacent surface parking lot. Hovvever, this requirement can also cause problems in recruiting prospective te11ants and employees due to the inconvenience~ Some jurisdictions actually have a maxilnum amount of allovvable off~street parlcing. Other business owners in the downtovvn core are understandably concerned abollt the lacl, of parking. Paisano's Restaurant received a variance from the off-street parl<ing requirements. The City needs to explore parl<ing alternatives/solutions, which could include the follovving: · Forming an assessment district that could charge individual properties based on required vs. provided parl<..ing spaces (e~g., for every space the applicant does not provide, the applicant "vould pay a set fee). · Provide periphery parl<ing lots/parl<ing garage with a shllttle service to the dOvvntovVI1 area · Impose time limits on all dOvvntown parl<ing which vvould require employees to parl( elsewhere. Signage to .tirect shoppers to alternate parl<..ing sitesA AB for the one~way alley issue1 the Meridian Fire Department and Police Department need to seriously consider this option and the consequences related thereto. Specific design criteria needs to be established to facilitate adequate turning radii and signage. Adopt the Recommendation of the Meridian Fire Department as follows: 2.18 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.19 Fire sprinlder systems will need to be approved by Meridian Fire Department. Adopt the Recommendation of the Central District Health Department as follows: 2.20 Applicant shall submit plans for review for a food establishluent. Adopt the Recommendation of Sanitary Services as follows: ~ ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PER1V1IT - PAGE 5 OF 7 BY COLE ASSOCIATES / CUP-OO-023 ( ( 2.21 The dunlpster enclosure and gates are too small. This complex vvould generate approximately 3 yards of waste per vveel<., 21 to 25 cans per weel<.. Adopt the Recolnmendations of the Ada County Highvvay District as follo\rvs: 2.22 Replace unused curb cuts on E. 17 Street and Pine Street "With standard curb, gutter and concrete sidevvall, to match existing improvements. 2.23 Replace damaged curb, gutter and/or sidewall( on E. 1st Street and Pine Street with ne'Vv curb, gutter and/or concrete sidewall( to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 2.24 No access points to E.Ist Street have been proposed and none are approved \-vith this application. 2.25 Locate the approach to the entrance only alley on Pine Street approximately I aQ-feet east of E. V Street. Construct the approach as a 20-foot "vide curb return "With I5-foot curb radii. Sign the alley for entrance only. Coordinate signage plan "With District staff. 2.26 Pave the nevv north/south alley 20-feet "Wide through the site to District standards. Dedicate 20-feet of right-of-vvay for the ne'\rv alley through the parcel. 2.27 If the alley is vacated alo11g the south property line the applicant shall be required to close the alleylE. 1st Street approach "With curbs, gutters, and sidewalks to match the existing improvements. Coordinate the alley vacation with the District' s Right-of-Way staff. 2.28 Other than the alley access specifically approved with this application, direct lot or parcel access to Pine Street is prohibited. 2.29 Applicant shall be required to build the sidevvalk on the south side of , the vacated alley. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 7 BY COLE ASSOCIATES / CUP-OO-023 (...:.. . ( .. 3. The above conditions are concluded to be reasonable and the applica11t sllall .n1eet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use perlnit is not transferable vvithout complying with the provisions of Meridian City Code S 11-1 7 -8, a copy of vvhich is attached to this permit. By actioll of the City Council at its regular meeting held on the ~~ , 2000. ./} -fA~ ?O --- day of D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: ~ Zf)~tJ{) By. , City Clerk .msglZ:\ W o rk\1vI\Meridian 15360M\Cole Associates\CUPOrder23 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERiyJIT - PAGE 7 OF 7 BY COLE ASSOCIATES / CUP-OO-023 .~~. .~ f- w w a: ,..... en r UJ ..,..- ~; I- (fJ <C ~. & ill ., J. ... ~\;~,..~. . t~; ~~. i.r ; ~ ~ ~ .~. .~l..< " :i 1.- ~+~. ~ r~~ ~ .4l:~ .~~f ,~~~~~ .~:..~>i: .. ...~ ~ .~~.. .....1... ~ : ~ . ~. ,,~~ .. I -~:-=~~~l i ! II ~ i I ! ~;;~ m \ r .~~ E= · ..~~i ~. ~ '~~ N .... 3 .~~: I ;~~-_._~. I,. ~..:. ~ .. i I III . ~ . 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