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HomeMy WebLinkAboutGenerations Park Plaza II CUP-00-022 f . . BEFORE THE MERlDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR REVITALIZATION OF EXISTING BUILDING TO HOUSE A RESTAURANT/OFFICE IN OT ZONE LOCATED AT LOT 4, BLOCK 5, MERlDIAN TOWNSITE, TAX #R5672000731, MERlDIAN, IDAHO COLE ASSOCIATES, APPLICANT. 06-15-00 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OO-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having corne 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 Adrninistrator, and the Parks and Recreation Director, Torn Kuntz, 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 Recommendations to City Council issu,ed 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) - 1 e . considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 6, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen ( 15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 6,2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) - 2 . . 3. This proposed development request is in Old Town (O-T), by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at Generations Park Plaza Building 1 at 1st Street and Idaho, Meridian, Idaho and is legally described as Lot 4, Block 5, Meridian Townsite, Tax #R5672000731. 5. The owner of record of the subject property is Stewart Laney Benoit of Meridian. 6. Applicant is Cole Associates Architects of Boise. 7. The subject property is currently zoned O~T. The zoning district of O-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2L. 8. The proposed application requests a conditional use pennit for revitalization of an existing building in the OT zone to house a restaurant/office. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) - 3 . . conditional use as determined by City Ordinance. 11. The Meridian City Council recognizes the Meridian Planning and Zoning Commission's concerns of Mr. Champion dated May 9,2000. 12. The Meridian City Council tal,es judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to 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: 13.1 Off-street parking shall be provided as modified in the variance which was granted to Applicant, in Case No. V AR.OO-007, by the City Council on May 16, 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 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 REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP.OO-022) . 4 e . 13.3 Sanitary sewer 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 is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments arc not in line with actual 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. 13.4 As part of a conditional use permit, the City of Meridian may impose 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 Service, Ine., 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 when 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 parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 13.9 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. 13.10 This conditional use permit shall be subject to review 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 would need to be submitted and approved by the Zoning Administrator for any new owners/tenants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) - 5 . e 13.11 Any outdoor seating areas need to be defined for review as a part of this application. Pedestrian walkways (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. 13.12 The existing alley is proposed to be vacated. One.half of the alley (eight feet) would go to the subject property, the other half would revert back to the City of Meridian to be included as part of the expanded Generations Plaza. The current site plan shows the encroachment of an awning over the future property line. This needs to be modified to prevent such encroachment. 13.13 Applicant has proposed an alternative parking arrangement whereby cars would enter the applicant's parking lot from Pine Street and either exit through the City's parking lot on Pine Street or eastward down the alley. This proposal would require the one-way designation on this alley to be reversed and also require parking lots to be reconfiguredlrestriped. If this proposal is approved, all costs to reconfigure existing parking lots and the alley (including, but not limited to, ACHD-imposed requirements, paving, signage, curbing, landscaping, irrigation, etc.) should be borne by the applicant. 13.14 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. No drainage shall be diverted to City of Meridian property. 13.15 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 shall 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. 13.16 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. Applicant shall provide a south elevation, as this design should receive particular attention due to its adjacency to the City's Generations Plaza. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO.022) - 6 e . 13.17 To prevent confusion with City-owned facilities, the project shall be named something other than Generations Plaza. There are many issues to be considered with this project. There are two most significant issues: 1) the lack of parking and 2) redirection of the one-way alley. One school of thought on the parking issue is that surface parking lots are an inefficient, unsightly, and counterproductive use of space in the downtown 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 socialize, recreate, shop and work. Whenever possible, opportunities should be explored to replace surface lots with pedestrian friendly parks, plazas, outdoor eateries and shopping courts to enhance the overall appeal and vitality of our downtown. The City's current parking requirements reflect the dependence on the automobile. The applicant has indicated a willingness to ask employees to park in an area other than the adjacent surface parking lot. However, this requirement can also cause problems in recruiting 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 lack of parking.. Paisano' s Restaurant received a variance from the off.street parking requirements. The City needs to explore parking alternatives/solutions, which could include the following: . FOrm1ng an assessment district that could charge individual properties based on required vs. provided parking spaces (e.g., for every space the applicant does not provide, the applicant would pay a set fee). . Provide periphery parking lots/parking garage with a shuttle service to the downtown area . Impose time limits on all downtown parking which would require employees to park elsewhere. . 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) - 7 . . Adopt the Recommendation of the Meridian Fire Department as follows: 13.18 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 13.19 Fire sprinkler systems would need to be approved by Meridian Fire Department. Adopt the Recommendation of the Central District Health Department as follows: 13.20 Applicant shall submit plans for review for a food establishment. Adopt the Recommendation of Sanitary Services as follows: 13.2 i The dumpster enclosure and gates are too small. This complex would generate approximately 3 yards of waste per week, 21 to 25 cans per week. Adopt the Recommendations of the Ada County Highway District from their letter dated May 19,2000, ss follows: 13.22 Replace unused curb cuts on E. 1st Street and Pine Street with standard curb, gutter and concrete sidewalk to match existing improvements. 13.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine Street with new 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. 1 st Street have been proposed and none are approved with this application. 13.25 Located the approach to the entrance only alley on Pine Street approximately 100-feeteast ofE. 1 st 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. 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 this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP.OO-022) - 8 . . 13.27 If the east/west alley is changed to east bound, pave the alley from the site's east property line to 2nd street. 13.28 If the alley is vacated along the south property line the applicant shall be required to close the alley/E. 1 st Street approach with curbs, gutters, and sidewalks to match the existing improvements. Coordinate the alley vacation with the District's Right-of-Way staff. 13.29 Other than the alley access specifically approved with this application, direct lot or parcel access to Pine Street is prohibited. 13.30 A request for modification, variance or waiver of any requirement or policy outlined in the conditions shall be made in writing to the ACHD Planning and Development Supervisor. 13.31 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. 13.32 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193. 13.33 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 13.34 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 13.35 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 13.36 The responsibility of the applicant shall be to verify all existing utilities . within the right-of-way. Existing utilities damaged by the applicantshall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) . 9 e . repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 13.37 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13.38 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the ACHD of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change is use is sought. Adopt the Recommendations of the Parks and Recreation Department as follows: 13.39 The vacation of the alley to the north of Generations Plaza is agreeable, but the developer shall be responsible for improvements and maintenance to the entire of alley width. The 16 feet includes the cities half of the alley, which will serve as the sidewalk for the developers building. Material used for the alley shall be agreed upon by the City and developer. 13.40 The developer shall be responsible for improvements to the sidewalk from Idaho Street to the alley. The City and developer shall agree upon sidewalk materials. 13.41 The developer shall also be responsible for improvements and maintenance of a three-foot wide landscape buffer along the edge of the east building, between the patio and the alley. Landscape specifications and level of maintenance shall be approved by the Parks Depanment. The City will provide irrigation water. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00-022) . 10 e . 13.42 The developer shall be responsible for improvements and maintenance to the entire leased area. The Parks Department shall approve the patio design, landscape specifications, and level of maintenance. Irrigation water shall be provided by the City. The Planning and Zoning Commission further recommend that the sidewalk on the north side of the building be deleted. 14. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 14.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial" . 1 s. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 18. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFPICE (CUP-00-022) - 11 e . detri.mental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 6 7 ~ 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP -00-022) - 12 e . 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 S 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 the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, actIVltIes, 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 Old Town (O-T), a public hearing shall be conducted with notice to be published and provided to property owners FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP.00-022) - 13 e . or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Cormnission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved \-vith conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO.022) - 14 e . C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21,' 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPONTHEABGVEAND 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 revitalization of an existing building in the OT zone to house a restaurant/office, subject to the following conditions of use and development: Adopt the recommendations of Planning and Zoning and Engineering staff as follows: 1.1 Off-street parking shall be provided as modified in the variance which was . granted to Applicant, in Case No. VAR-00-007, by the City Council on May 16, 2000, and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00-022) - 15 e - 1.2 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. 1.3 Sanitary sewer 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 is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments arc not in line with actual 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. 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 when applying for a Certificate of Zoning Compliance. 1.7 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. 1.8 Handicap parking, 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 shown to be the architect. Cole Associates. The applicant should be the owner of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00-022) - 16 e . (Laneyland). Transfer of the conditional use permit would need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 1.11 Any outdoor seating areas need to be defined for review as a part of this application. Pedestrian walkways (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. 1.12 The existing alley is proposed to be vacated. One-half of the alley (eight feet) would go to the subject property, the other half would revert back to the City of Meridian to be included as part of the expanded Generations Plaza. , The current site plan shows the encroachment of an awning over the future property line. This needs to be modified to prevent such encroachment. 1.13 Applicant has proposed an alternative parking arrangement whereby cars would enter the applicant's parking lot from Pine Street and either exit through the City's parking lot on Pine Street or eastward down the alley. This proposal would require the one-way designation on this alley to be reversed and also require parking lots to be reconfigured/restriped. If this proposal is approved, all costs to reconfigure existing parking lots and the alley (including, but not limited to, ACHD-imposed requirements, paving, signage, curbing, landscaping, irrigation, etc.) should be borne by the applicant. 1.14 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. No drainage shall be diverted to City of Meridian property. 1.15 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 shall 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. 1.16 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00-022) - 17 e e state their design criteria concerns and make reconunendations to tlle applicant. Applicant shall provide a south elevation, as this design should receive particular attention due to its adjacency to the City's Generations Plaza. 1.17 To prevent confusion with City-owned facilities, the project shall be named something other than Generations Plaza. There are many issues to be considered with this project. There are two most significant issues: 1) the lack of parking and 2) redirection of the one-way alley. One school of thought on the parking issue is that surface parking lots are an inefficient, unsightly, and counterproductive use of space in the downtown 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 socialize, recreate, shop and work. Whenever possible, opportunities should be explored to replace surface lots with pedestrian friendly parles, plazas, outdoor eateries and shopping courts to enhance the overall appeal and vitality of our downtown. The City's current parking requirements reflect the dependence on the automobile. The applicant has indicated a willingness to ask employees to park in an area other than the adjacent surface parking lot. However, this requirement can also cause problems in recruiting 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 lack of parking. Paisano' s Restaurant received a variance from the off-street parking requirements. The City needs to explore parking alternatives/solutions, which could include the following: . Forming an assessment district that could charge individual properties based on required vs. provided parking spaces (e.g., for every space the applicant does not provide, the applicant would pay a set fee). . Provide periphery parking lots/parking garage with a shuttle service to the downtown area . Impose time limits on all downtown parking which would require employees to park elsewhere. . Signage to direct shoppers to alternate parking sites. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE ( CUP .00.0 22.) . 18 . e 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: 1.18 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 1.19 Fire sprinkler systems would need to be approved by Meridian Fire Department. Adopt the Recommendation of the Central District Health Department as follows: 1.20 Applicant shall submit plans for review for a food establishment. Adopt the Recommendation of Sanitary Services as follows: 1.21 ' The dumpster enclosure and gates are too small. This complex would generate approximately 3 yards of waste per week, 21 to 25 cans per week. Adopt the Recommendations of the Ada County Highway District from their letter dated May 19,2000, ss follmvs: 1.22 Replace unused curb cuts on E. 1 st Street and Pine Street 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 sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 1.24" No access points to E. 1 st Street have been proposed and none are approved with this application. 1.25 Located the approach to the entrance only alley on Pine Street approximately 100-feet east of E. 1st 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00-022) . 19 e e 1.26 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 this parcel. 1.27 If the east/west alley is changed to east bound, pave the alley from the site's east property line to 2nd street. 1.28 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 sidewalks to match the existing improvements. Coordinate the alley vacation with the District's Right-of-Way staff. 1.29 Other than the alley access specifically approved with this application, direct lot or parcel access to Pine Street is prohibited. 1.30 A request for modification, variance or waiver of any requirement or policy outlined in the conditions shall be made in writing to the ACHD Planning and Development Supervisor. 1.31 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within sh: days of the action and shall include a minimum fee of $110.00. 1.32.. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193. 1.33 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 1.34 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) - 20 e e 1.35 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.36 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGUNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 1.37 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 1.38 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the ACHD of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change is use is sought. Adopt the Recommendations of the Parks and Recreation Department as follows: 1.39 The vacation of the alley to the north of Generations Plaza is agreeable, but the developer shall be responsible for improvements and maintenance to the entire of alley width. The 16 feet includes the cities half of the alley, which will serve as the sidewalk for the developers building. Material used for the alley shall be agreed upon by the City and developer. 1.40 The developer shall be responsible for improvements to the sidewalk from Idaho Street to the alley. The City and developer shall agree upon sidewalk materials. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-OO-022) - 21 e e 1.41 The developer shall also be responsible for improvements and maintenance of a three-foot wide landscape buffer along the edge of the east building, between the patio and the alley. Landscape specifications and level of maintenance shall be approved by the Parks Department. The City will provide irrigation water. 1.42 The developer shall be responsible for improvements and maintenance to the entire leased area. The Parks Department shall approve the patio design, landscape specifications, and level of maintenance. Irrigation water shall be provided by the City. The Planning and Zoning Commission further recommend that the sidewalk on the north side of the building be deleted. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE aT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00.022) - 22 e . 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 -65 21 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 2o--t~ day of ~~ ,2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED-$-A.- COUNCILPERSON KEITH BIRD VOTED~ COUNCILMAN TAMMY deWEERD VOTED~'-- COUNCILMAN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:#=- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00-022) - 23 . e MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. B~P~,9--- ity Clerk / / Dated: 6-fl?.--(){) msgJZ:\ W o(k\M\Me(idian 15360M\Co!e Associates\CUPFindings022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY COLE ASSOCIATES FOR REVITALIZATION OF AN EXISTING BUILDING IN THE OT ZONE TO HOUSE A RESTAURANT /OFFICE (CUP-00-022) - 24 e e BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) COLE ASSOCIATES FOR A CONDITIONAL ) USE PERMIT FOR REVITALIZATION OF ) EXISTING BUILDING TO HOUSE A ) RESTAURANT/OFFICE IN OT ZONE, ) LOCATED LOT 4, BLOCK 5, MERlDIAN ) TOWNSITE, TAX #R5672000731, MERIDIAN,) IDAHO ) ) 06-15-00 CASE NO. CUP-OO-022 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 20th day of June, 2000, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for revitalization of an existing building in the OT zone to house a restaurant/office, as described in Exhibit "A" attached hereto, and consisting of two pages, and incorporated herein as if set forth in full hereat, and for the development of the aforementioned commercial development for the revitalization of an existing building in the OT zone to house a restaurant/office, and which property is described as: ORDER OF CONDITIONAL APPROY AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9 BY COLE ASSOCIATES / CUP-OO-022 e e Lot 4 in Block 5 of the ORIGINAL TOWNSITE OF MERIDIAN, according to the official plat thereof, filed in Book 1 of Plats at Page 29, records of Ada County, Idaho. 2. That the above named applicant is granted a conditional use permit for the revitalization of an existing building in the OT zone to house a restaurant/office, located at Lot 4, Block 5, Meridian Townsite, Tax #R5672000731 , 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 Off-street parking shall be provided as modified in the variance which was granted to Applicant, in Case No. VAR-00-007, by the City Council on May 16, 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 with City Ordinance Section 1 1-13A.C. 2.3 Sanitary sewer 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 is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments arc not in line with actual 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 impose 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9 BY COLE ASSOCIATES / CUP-OO-022 e e Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence. 2.6 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 2.7 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. 2.8 Handicap parking, 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 with this application. All signage will be subject to design review and require separate permits. Temporary signs, banners, flags, etc., will be specifically prohibited. 2.10 This conditional use permit shall be subject to review 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 would need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 2.11 Any outdoor seating areas need to be defined for review as a part of this application. Pedestrian walkways (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. 2.12 The existing alley is proposed to be vacated. One-half of the alley (eight feet) would go to the subject property, the other half would revert back to the City of Meridian to be included as part of the expanded Generations Plaza. The current site plan shows the encroachment of an awning over the future property line. This needs to be modified to prevent such encroachment. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9 BY COLE ASSOCIATES / CUP-OO-022 e e 2.13 Applicant has proposed an alternative parking arrangement whereby cars would enter the applicant's parking lot from Pine Street and either exit through the City's parking lot on Pine Street or eastward down the alley. This proposal would require the one-way designation on this alley to be reversed and also require parking lots to be reconfiguredlrestriped. If this proposal is approved, all costs to reconfigure existing parking lots and the alley (including, but not limited to, ACHD-imposed requirements, paving, signage, curbing, landscaping, irrigation, etc.) should be borne by the applicant. 2.14 A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. No drainage shall be diverted to City of Meridian property. 2.15 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 shall 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. 2.16 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. Applicant shall provide a south elevation, as this design should receive particular attention due to its adjacency to the City's Generations Plaza. 2.17 To prevent confusion with City-owned facilities, the project shall be named something other than Generations Plaza. There are many issues to be considered with this project. There are two most significant issues: 1) the lack of parking and 2) redirection of the one-way alley. One school of thought on the parking issue is that surface parking lots are an inefficient, unsightly, and counterproductive use of space in the downtown core and ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9 BY COLE ASSOCIATES / CUP-OO-022 e e 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 socialize, recreate, shop and work. Whenever possible, opportunities should be explored to replace surface lots with pedestrian friendly parks, plazas, outdoor eateries and shopping courts to enhance the overall appeal and vitality of our downtown. The City's current parking requirements reflect the dependence on the automobile. The applicant has indicated a willingness to ask employees to park in an area other than the adjacent surface parking lot. However, this requirement can also cause problems in recruiting 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 lack of parking. Paisano's Restaurant received a variance from the off-street parking requirements. The City needs to explore parking alternatives/solutions, which could include the following: · Forming an assessment district that could charge individual properties based on required vs. provided parking spaces (e.g., for every space the applicant does not provide, the applicant would pay a set fee). ., Provide periphery parking lots/parking garage with a shuttle service to the downtown area · ImpOse time limits on all downtown parking which would require employees to park elsewhere. . 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: 2.18 ,Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.19 Fire sprinkler systems would need to be approved by Meridian Fire Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9 BY COLE ASSOCIATES / CUP-OO-022 . e Adopt the Recommendation of the Central District Health Department as follows: 2.20 Applicant shall submit plans for review for a food establishment. Adopt the Recommendation of Sanitary Services as follows: 2.21 The dumpster enclosure and gates are too small. This complex would generate approximately 3 yards of waste per week, 21 to 25 cans per week. Adopt the Recommendations of the Ada County Highway District from their letter dated May 19,2000, ss follows: 2.22 Replace unused curb cuts on E. 1st Street and Pine Street with standard curb, gutter and concrete sidewalk to match existing improvements. 2.23 Replace damaged curb, gutter and/or sidewalk on E. 1st Street and Pine Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 2.24 No access points to E. 1st Street have been proposed and none are approved with this application. 2.25 Located the approach to the entrance only alley on Pine Street approximately 100-feet east of E. 1st Street. Construct the approach as a 20-foot wide curb return with 15-foot curb radii. Sign the alley for entrance only. Coordinate signage plan with District staff. 2.26 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 this parcel. 2.27 If the east/west alley is changed to east bound, pave the alley from the site's east property line to 2nd street. 2.28 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, ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9 BY COLE ASSOCIATES / CUP-OO-022 . . and sidewalks to match the existing improvements. Coordinate the alley vacation with the District's Right-of-Way staff. 2.29 Other than the alley access specifically approved with this application, direct lot or parcel access to Pine Street is prohibited. 2.30 A request for modification, variance or waiver of any requirement or policy outlined in the conditions shall be made in writing to the ACHD Planning and Development Supervisor. 2.31 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. 2.32 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193. 2.33 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 2.34 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 2.35 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 2.36 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event ORDER OF CQNDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9 BY COLE ASSOCIATES / CUP-OO-022 . . any ACHD conduits (spare or tIlled) are compromised during any phase of construction. 2.37 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 2.38 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the ACHD of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change is use is sought. Adopt the Recommendations of the Parks and Recreation Department as follows: 2.39 The vacation of the alley to the north of Generations Plaza is agreeable, but the developer shall be responsible for improvements and maintenance to the entire of alley width. The 16 feet includes the cities half of the alley, which will serve as the sidewalk for the developers building. Material used for the alley shall be agreed upon by the City and developer. 2.40 'The developer shall be responsible for improvements to the sidewalk from Idaho Street to the alley. The City and developer shall agree upon sidewalk materials. 2.41 The developer shall also be responsible for improvements and maintenance of a three-foot wide landscape buffer along the edge of the east building, between the patio and the alley. Landscape specifications and level of maintenance shall be approved by the Parks Department. The City will provide irrigation water. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9 BY COLE ASSOCIATES / CUP-OO-Oll . . 2.42 The developer shall be responsible for improvements and maintenance to the entire leased area. The Parks Department shall approve the patio design, landscape specifications, and level of maintenance. Irrigation water shall be provided by the City. The Planning and Zoning Commission further recommend that the sidewalk on the north side of the building be deleted. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~l/?JL , 2000. ;Zo+!i day of \... D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. .., .. By~~fJ4,9-- ity Clerk f/ Dated: 6- Ztl..-tJ 0 msg/Z:\ W ork\M\Meridian 15360M\Cole Associates\CUPOrder22 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9 BY COLE ASSOCIATES I CUP-DO-022