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HomeMy WebLinkAboutLocust Grove Place CUP-01-003BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-03-01 Revised 5/2/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT AND 180- UNIT APARTMENT COMPLEX, IN PROPOSED R-40 AND C-C ZONE, LOCATED AT THE WEST SIDE OF LOCUST GROVE ROAD SOUTH OF FAIRVIEW AVENUE, MERIDIAN, IDAHO LOCUST GROVE APARTMENTS, LLC AND L.C. DEVELOPMENT, INC. APPLICANT Case No. CUP-OI-O03 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 April 3, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant were Anna Powell and Lee Centers, and appearing with comments and/or concerns was Richard Livingston, and the City Council having duly considered the evidence and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 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 April 3, 200 l, 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 April 3, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code {}67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-40 and C-G zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the west side of Locust Grove Road south of Fairview Avenue, Meridian, Idaho. 5. The owner of record of the subject property is L.C. Development, Inc. of Meridian, Idaho. 6. Applicant is Locust Grove Apartments, LLC of Meridian, Idaho. 7. The subject property is currently zoned RUT. However, there is a Recommendation before the City Council to rezone the property on annexation to R- 40 and C-G. The zoning district of R-40 and C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Platmed Development and 180-Unit Apartment Complex. The R-40 and C-G zoning designation within the City of Meridian Zoning and Development Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 requires a conditional use permit be obtained for most uses inclduing those required (Meridian City Zoning and Development Ordinance, Section 11-8- by the Applicant. 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I 1 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 City of Meridian, and with the exception of the zoning of C-G for the commercial lots which is recommended to be C-C subject to the following: Adopt the Recommendations of the Planning and Zoning staff and Engineering staff as follows: 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 Off-street parldng shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot wide pedestrian walkways in accordance with City Ordinance. A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.9 12.10 12.11 12.12 12.13 building permits. Handicap parldng, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one shall be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they shall certify that all construction meets ADA and FHA Standards. Sanitary sewer service to this site is proposed via extensions from existing mains in Stonehenge Way and Scrivner Avenue. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centefline. Water service to this site shall be via extensions from extensions of an existing mains in Stonehenge Way, Schrivner Avenue, and Locust Grove. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Assessments for sewer and water service are determined during the building permit application process. This development shall be subject to applicable Latecomers fees. Latecomer fees shall be due and payable prior to signature on the final plat. The Landscape/Site Plan (Sheet Al.0) proposes a 9-foot wide landscape buffer between the north boundary of Danbury Fair Sub #7 and the row of garages in Lot 6. Ordinance 12-12, Section 9 (landscape ordinance) requires a minimum 20-foot landscape buffer between multi- family housing and single family homes and a 25-foot buffer between general retail and single family. As a PD, exceptions can be made to the standards of the district. For Lot 6 (apartment complex lot), the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 12.14 12.15 12.16 12.17 12.18 Council believes the 9-foot landscape buffer and row of garages meet the intent of Ordinance 12-12-9 (Buffers Between Different Land Uses) and can be reduced under the PD allowance. The design as proposed shall be approved. The City Council further requires that there shall be adequate screening plants within the buffer zones in conformance with the new City landscape ordinance. For Lot 2 (commercial lot), there is a 17-foot buffer between the building and the property line, which is eight (8) feet below the required 25-foot buffer width. There are no trees proposed immediately south of the building in this buffer. The requirement of evergreen trees or other adequate screening plantings shall be planted in this 17-foot strip immediately south of the building. Also there is consideration for the requirement of the additional 8 feet of buffer width to comply with Ordinance 12-12-9, although this can be reduced m~der the PD reduction allowance. Except as noted in #5 above, the Landscape Plan (Sheet Al.0) is approved with one addition: Add six (6) trees to the 25-foot Locust Grove Road street buffer. Ordinance 12-12 (new landscape ordinance) requires all trees in street buffers to be planted at 35 feet on center (average). The site has 557 feet of frontage, which requires a minimum of 16 trees. Only 10 trees are shown. These trees shall be added to the final landscape plan as submitted with the Final Plat application. The applicant is responsible to ensure no easements exist that shall predude the proposed landscaping. Note particularly any sewer easements extending north from Scrivner Avenue through the project. All landscaping shown shall be required, with the addition mentioned above. The boat and recreational vehicle parking and storage requirements are waived as part of this Planned Unit Development. One ( 1 ) additional parldng space beyond that which is required by the Zoning Ordinance shall be required for every three (3) dwelling units to accommodate visitor parldng (Ordinance 12-6-8-A-2). 180 units at two (2) stalls per unit requires 360 stalls, which is the minimum amount required by Ordinance 11-13-5.B. There are a total of 396 parldng stalls FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 12.19 12.20 2.21 12.22 12.23 proposed on the apartment complex lot. So, the apartment complex lot is exceeding the ordinance by 36 stalls. The parldng shown for the proposed commercial frontage lots meets the minimum ratio required by Ordinance I 1-13-5.B. for 100% retail occupancy and exceeds the minimum requirement for office use. However, should parking stalls need to be removed to accomrnodate the Jackson Drain pathway connection with Locust Grove, full retail occupancy would not be possible. Proposals for Planned Unit Developments shall include a minimum of ten percent common area. Comnmn open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. The stormwater detention area shall be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. Sheet A2.0 (which shows the two-bedroom floor plan and elevations) does not show any windows or architectural treatment for a 32-foot section between units in the middle of the building facade. As a 3-story building, this results in an 800 square foot section of wall with no visual break-up or variation. Eight (8) of the fifteen (15) buildings in the complex have this design, two of which are along the main entry drive to the complex. As the front elevation to the building, the City Council requires some form of architectural treatment and/or windows be added to this section of the facade. We recognize that the floorplan shows bathrooms for 20 feet of this 32-foot section and windows may not be desired, but possibly small windows could be added to the closet areas and/or some form of external treatment or feature added to the vinyl siding. Anna Powell's 1-11-01 letter with the application states that a 7' x 5' monument sign is proposed at the subdivision entrance. This size background area falls within the standards of the new sign ordinance. The entry signage for the subdivision shall be placed outside of a 10' X FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 20' dear sight triangle, measured from the projected intersection of Locust Grove Road and the entry drive; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. The City Council further requires the following conditions: 12.24 Developer shall provide 2 to 3 appropriate trees of varying types to the property owners adjacent to the southern boundary of the development. Developer shall work with the property owner adjacent to the southwest corner of the development, Mr. Leonard, to attempt to curb and prevent light and other types of pollution. 12.25 The City Council replaces the minimum 6' fence requirement to allow for up to an 8' fence along the western boundary of the development. Such a fence shall be agreed upon between the city, the developer and the property owners adjacent to the development. In addition, the developer shall provide to Mr. Leonard additional trees for his property, in excess of what is being provided to the southern property owners (2 to 3). 12.26 The City Council waives the requirement for an on site maintenance building. 12.27 The City Council requires that Jackson Drain not be tiled, and shall be left open to retain its natural features. Adopt the Recommendations of the Meridian Fire Department as follows: 12.28 To substitute the need for a second access for ingress and egress, the Applicant shall be required to widen the driveway from Locust Grove Road to a minimum of 40 feet. The three-story apartment complex shall have fire sprinkler systems installed, and all fire hydrants shall be added throughout the complex. Adopt the Recommendations of the Central District Health Department as follows: 12.29 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Welfare, Division of Environmental Quality. 12.30 Run-off is not to create a mosquito breeding problem. 12.31 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of storm water discharge is provided, then Applicant shall furnish to the PUblic Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. Additionally, adopt the action and requirement of the City Council at their April 3, 2001, meeting as follows: 12.32 Hours of Operation: All future commercial uses in Lots 1-5 and 7-9 shall be limited to hours of operation of 7:00am to 10:00pm, or as otherwise determined by the Commission and Council. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act'~ codified at Chapter 65, Tide 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the ~Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; uses; Will not be hazardous or disturbing to existing or future neighboring e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the High Density Residential District (R-40) and the Community Business District (C-C), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the reconunendation 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 Conmaission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 a planned development and 180-unit apartment complex in R-40 and C-C zones at the west side of Locust Grove Road south of Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development, and with the exception of the zoning of C-G for the commercial lots which is recommended to be C-C subject to the following: Adopt the Recommendations of the Planning and Zoning staff and Engineering staff as follows: 1.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 1.4 1.5 1.6 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 parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 1.7 A maintenance building or approved area shall be provided that is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 1.8 1.9 1.10 1.11 1.12 suitable for the services required for the repair and maintenance of all common areas. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Handicap parldng, associated signage and building construction shall meet the requirements of the ganericans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one shall be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they shall certify that all construction meets ADA and FHA Standards. Sanitary sewer service to this site is proposed via extensions from existing mains in Stonehenge Way and Scrivner Avenue. Subdivision designer to coordinate main sizing and routing with the Public WorLs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site shall be via extensions from extensions of an existing mains in Stonehenge Way, Schrivner Avenue, and Locust Grove. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Assessments for sewer and water service are determined during the building permit application process. This development shall be subject to applicable Latecomers fees. Latecomer fees shall be due and payable prior to signature on the final plat. 1.13 The Landscape/Site Han (Sheet Al.0) proposes a 9-foot wide landscape FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 buffer between the north boundary of Danbury Fair Sub #7 and the row of garages in Lot 6. Ordinance 12-12, Section 9 (landscape ordinance) requires a minimum 20-foot landscape buffer between multi- family housing and single family homes and a 25-foot buffer between general retail and single family. As a PD, exceptions can be made to the standards of the district. For Lot 6 (apartment complex lo0, the City Council believes the 9-foot landscape buffer and row of garages meet the intent of Ordinance 12-12-9 (Buffers Between Different Land Uses) and can be reduced under the PD allowance. The design as proposed shall be approved. The City Council further requires that there shall be adequate screening plants within the buffer zones in conformance with the new City landscape ordinance. 1.14 For Lot 2 (commercial lot), there is a 17-foot buffer between the building and the property line, which is eight (8) feet below the required 25-foot buffer width. There are no trees proposed immediately south of the building in this buffer. The requirement of evergreen trees or other adequate screening plantings shall be planted in this 17-foot strip immediately south of the building. Also there is consideration for the requirement of the additional 8 feet of buffer width to comply with Ordinance 12-12-9, although this can be reduced under the PD reduction allowance. 1.15 Except as noted in #5 above, the Landscape Plan (Sheet A1.0) is approved with one addition: Add six (6) trees to the 25-foot Locust Grove Road street buffer. Ordinance 12-12 (ne~v landscape ordinance) requires all trees in street buffers to be planted at 35 feet on center (average). The site has 557 feet of frontage, which requires a minimum of 16 trees. Only 10 trees are shown. These trees shall be added to the final landscape plan as Submitted with the Final Plat application. 1.16 The applicant is responsible to ensure no easements exist that shall preclude the proposed landscaping. Note particularly any sewer easements extending north from Scrivner Avenue through the project. All landscaping shown shall be required, with the addition mentioned above. 1.17 The boat and recreational vehicle parldng and storage reqnirements are waived as part of this Planned U~fit Development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 1.18 One (1) additional parking space beyond that which is required by the Zoning Ordinance shall be required for every three (3) dwelling units to accommodate visitor parking (Ordinance 12-6-8-A-2). 180 units at two (2) stalls per unit requires 360 stalls, which is the minimum amount required by Ordinance 11-13-5.B. There are a total of 396 parking stalls proposed on the apartment complex lot. So, the apartment complex lot is exceeding the ordinance by 36 stalls. 1.19 The parking shown for the proposed commercial frontage lots meets the minimum ratio required by Ordinance 11-13-5.B. for 100% fetal1 occupancy and exceeds the minimum requirement for office use. However, should parking stalls need to be removed to accommodate the ladcson Drain pathway connection with Locust Grove, full retail occupancy would not be possible. 1.20 Proposals for Planned Unit Developments shall include a minimum of ten percent common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. 1.21 The stormwater detention area shall be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to indude it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. 1.22 Sheet A2.0 (which shows the two-bedroom floor plan and elevations) does not show any windows or architectural treatment for a 32-foot section between units in the middle of the building facade. As a 3-story building, this results in an 800 square foot section of wall with no visual break-up or variation. Eight (8) of the fifteen (15) buildings in the complex have this design, two of which are along the main entry drive to the complex. As the front elevation to the building, the City Council requires some form of architectural treatment and/or windows be added to this section of the facade. We recognize that the floorplan shows bathrooms for 20 feet of this 32-foot section and windows may not be desired, but possibly small windows could be added to the closet areas and/or some form of external treatment or feature added to the vinyl siding. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 ! .23 Anna Poweil's I-11-01 letter with the application states that a 7' x 5' monument sign is proposed at the subdivision entrance. This size background area falls within the standards of the new sign ordinance. The entry signage for the subdivision shall be placed outside of a 10' X 20' clear sight triangle, measured from the projected intersection of Locust Grove Road and the entry drive; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. The City Council further requires the following conditions: 1.24 Developer shall provide 2 to 3 appropriate trees of varying types to the property owners adiacent to the southern boundary of the development. Developer shall work with the property owner adjacent to the southwest comer of the development, Mr. Leonard, to attempt to curb and prevent light and other types of pollution. 1.25 The City Council replaces the minimum 6' fence requirement to allow for up to an 8' fence along the western boundary of the development. SUch a fence shall be agreed upon between the city, the developer and the property owners adjacent to the development. In addition, the developer shall provide to Mr. Leonard additional trees for his property, in excess of what is being provided to the southern property owners (2 to 3). 1.26 The City Council waives the requirement for an on site maintenance building. 1.27 The City Council requires that Jackson Drain not be tiled, m~d shall be left open to retain its natural features. Adopt the Recommendations of the Meridian Fire Department as follows: 1.28 To substitute the need for a second access for ingress and egress, the Applicant shall be required to widen the driveway from Locust Grove Road to a minimum of 40 feet. The three-story apartment complex shall have fire sprinkler systems installed, and all fire hydrants shall be added throughout the complex. Adopt the Recommendations of the Central District Health Department as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 follows: 1.29 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.30 Run-off is not to create a mosquito breeding problem. 1.31 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of storm water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. Additionally, adopt the action and requirement of the City Council at their April 3, 2001, meeting as follows: 1.32 Hours of Operation: All future commercial uses in Lots 1-5 and 7-9 shall be limited to hours of operation of 7:00am to 10:00pm, or as otherwise determined by the Commission and Council. 2. The conditions shall be reviewable by the Comxcil pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval,may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the dayof /]~ff~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT O. CORRIE (TIE BREAIrdlR) DATED: VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 MOTION: APPROVED~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Z:\Wod6Iv~Vleridian~Mcridian I5360M~Locust Grove Place~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/03/01 Revised 5/2/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT AND 180- UNIT APARTMENT IN PROPOSED R-40 AND C-C ZONE, LOCATED AT THE WEST SIDE OF LOCUST GROVE ROAD SOUTH OF FAIRVIEW AVENUE, MERIDIAN, IDAHO LOCUST GROVE APARTMENTS, LLC, AND L.C. DEVELOPMENT, INC. APPLICANT Case No. CUP-OI-003 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on the 17th day of April, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Coundl having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L.C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -1 2. That the above named applicant is granted a conditional use permit for a planned development and 180-unit apartment complex in R-40 and C-G zones at the west side of Locust Grove Road south of Fairview Avenue, Meridian, Idaho, and with the exception of the zoning of C-G for the commercial lots which is recommended to be C-C subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning staff and Engineering staff as follows: 2.1 2.2 2.3 2.4 2.5 2.6 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. Ail signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot w/de pedestrian walkways in accordance with City Ordinance. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L.C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -2 2.7 2.8 2.9 2.10 2.11 2.12 A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of ail common areas. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, if covered parking is provided, at least one shall be handicap-accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they shall certify that all construction meets ADA and FHA Standards. Sanitary sewer service to this site is proposed via extensions from existing mains in Stonehenge Way and Scrivner Avenue. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site shall be via extensions from extensions of an existing mains in Stonehenge Way, Schrivner Avenue, and Locust Grove. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. Assessments for sewer and water service are determined during the building permit application process. This development shall be subject to applicable Latecomers fees. Latecomer fees shall be due and payable ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L.C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -3 prior to signature on the final plat. 2.13 The Landscape/Site Plan (Sheet A1.0) proposes a 9-foot wide landscape buffer between the north boundary of Danbury Fair Sub #7 and the row of garages in Lot 6. Ordinance 12-12, Section 9 (landscape ordinance) requires a minimum 20-foot landscape buffer between multi- family housing and single family homes and a 25-foot buffer between general retail and single family. As a PD, exceptions can be made to the standards of the district. For Lot 6 (apartment complex lot), the City Council believes the 9-foot landscape buffer and row of garages meet the intent of Ordinance 12-12-9 (Buffers Between Different Land Uses) and can be reduced under the PD allowance. The design as proposed shall be approved. The City Council further requires that there shall be adequate screening plants within the buffer zones in conformance with the new City landscape ordinance. 2.14 For Lot 2 (commercial lot), there is a 17-foot buffer between the building and the property line, which is eight (8) feet below the required 25-foot buffer width. There are no trees proposed immediately south of the building in this buffer. The requirement of evergreen trees or other adequate screening plantings shall be planted in this 17-foot strip immediately south of the building. Also there is consideration for the requirement of the additional 8 feet of buffer width to comply with Ordinance 12-12-9, although this can be reduced under the PD reduction allowance. 2.15 Except as noted in #5 above, the Landscape Plan (Sheet A1.0) is approved with one addition: Add six (6) trees to the 25-foot Locust Grove Road street buffer. Ordinance 12-12 (new landscape ordinance) requires all trees in street buffers to be planted at 35 feet on center (average). The site has 557 feet of frontage, which requires a minimum of 16 trees. Only 10 trees are shown. These trees shall be added to the final landscape plan as submitted with the Final Plat application. 2.16 The applicant is responsible to ensure no easements exist that shall preclude the proposed landscaping. Note particularly any sewer easements extending north from Scrivner Avenue through the project. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L.C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -4 2.17 2.18 2.19 2.20 2.21 2.22 All landscaping shown shall be required, with the addition mentioned above. The boat and recreational vehicle parking and storage requirements are waived as part of this Planned Unit Development. One ( 1 ) additional parking space beyond that which is required by the Zoning Ordinance shall be required for every three (3) dwelling units to accommodate visitor parking (Ordinance 12-6-8-A-2). 180 units at two (2) stalls per unit requires 360 stalls, which is the minimum amount required by Ordinance 11-13-5.B. There are a total of 396 parking stalls proposed on the apartment complex lot. So, the apartment complex lot is exceeding the ordinance by 36 stalls. The parking shown for the proposed commerdal frontage lots meets the minimum ratio required by Ordinance 11-13-5.B. for 100% retail occupancy and exceeds the minimum requirement for office use. However, should parking stalls need to be removed to accommodate the Jackson Drain pathway connection with Locust Grove, full retail occupancy would not be possible. Proposals for Planned Unit Developments shall include a minimum of ten percent common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. The stormwater detention area shall be designed with slight slopes and grass to allow it to function as a recreation area for the subdivision to include it in the open space calculations.. The proposed subdivision is outside the service area of all existing city parks. Sheet A2.0 (which shows the two-bedroom floor plan and elevations does not show any windows or architectural treatment for a 32-foot section between units in the middle of the building facade. As a 3-story building, this results in an 800 square foot section of wall with no visual break-up or variation. Eight (8) of the fifteen (15) buildings in the ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L.C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -5 complex have this design, two of which are along the main entry drive to the complex. As the front elevation to the building, the City Council requires some form of architectural treatment and/or windows be added to this section of the facade. We recognize that the floorplan shows bathrooms for 20 feet of this 32-foot section and windows may not be desired, but possibly small windows could be added to the closet areas and/or some form of external treatment or feature added to the vinyl siding. 2.23 Anna Powell's 1-11-01 letter with the application states that a 7' x 5' monument sign is proposed at the subdivision entrance. This size background area falls within the standards of the new sign ordinance. The entry signage for the subdivision shall be placed outside of a 10' X 20' clear sight triangle, measured from the projected intersection of Locust Grove Road and the entry drive; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. The City Council further requires the following conditions: 2.24 Developer shall provide 2 to 3 appropriate trees of varying types to the property owners adjacent to the southern boundary of the development. Developer shall work with the property owner adjacent to the southwest corner of the development, Mr. Leonard, to attempt to curb and prevent light and other types of pollution. 2,25 The City Council replaces the minimum 6' fence requirement to allow for up to an 8' fence along the western boundary of the development. Such a fence shall be agreed upon between the city, the developer and the property owners adjacent to the development. In addition, the developer shall provide to Mr. Leonard additional trees for his property, in excess of what is being provided to the southern property owners (2 to 3). 2.26 The City Coundl waives the requirement for an on site maintenance building. 2.27 The City Council requires that Jackson Drain not be tiled, and shall be ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L.C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -6 left open to retain its natural features. Adopt the Recommendations of the Meridian Fire Department as follows: 2.28 To substitute the need for a second access for ingress and egress, the Applicant shall be required to widen the driveway from Locust Grove Road to a minimum of 40 feet. The three-story apartment complex shall have fire sprinkler systems installed, and all fire hydrants shall be added throughout the complex. Adopt the Recommendations of the Central District Health Department as follows: 2.29 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.30 Run-off is not to create a mosquito breeding problem. 2.31 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, or if other means of pretreatment of storm water discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to pretreat the storm water discharge shall be required. Additionally, adopt the action and requirement of the City Council at their April 3, 2001, meeting as follows: 2.32 Hours of Operation: All future commerdal uses in Lots 1-5 and 7-9 shall be limited to hours of operation of 7:00am to 10:00pm, or as otherwise determined by the Commission and Council. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L.C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -7 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 day of ,2001. l~6be~ ~. ~o/rie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Dated: Z:\W o r kWgMeridian~Vleridian 15360M~Locust Grove Place AZ PP CUP\OrderCUP01-003.doc ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT AND 180-UNIT APARTMENT COMPLEX FOR LOCUST GROVE APARTMENT, LLC AND L,C. DEVELOPMENT, INC. FOR PROPOSED LOCUST GROVE APARTMENTS -8