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HomeMy WebLinkAboutTroutner Buildings A & B CUP-06-038 RECEIVED DEe 1 8 2006 City Of Meridian City Clerk Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ot.G;;di~ '\ , ~ .IDAHO I ~~ -" '," :.r~^",-:Y~~'!.-::; lm In the Matter of a Conditional Use Permit request for the construction of two 7,200 square foot office buildings in an L-O zone, by Babichenko, LLC. Case No(s}. CUP-06-038 For the Planning & Zoning Commission Hearing Date of: December 7,2006 (Findings approved on December 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 7, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 7, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 7,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. 967-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-038 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Commission Chair and City Clerk and then a copy served by the Clerk upon the applicant, the Pl&ming Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Site Plan, Landscape Plan, Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 7, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code S II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated September 7, 2006 is hereby conditionally approved; and, 2. No modifications to the site specific conditions were made at the Plmming & Zoning Commission hearing. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 7, 2006 incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-038 - PAGE 2 of 4 one (1) year interval, the conditional approval of the future phases shall be null and void_ Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.I, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must bc in writing, and must bc filcd with thc City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a [mal action of the governing body of the City of Meridian, pursuant to Idaho Code 9 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. F. Attacht:d: Staff Rt::purt fur the hearing date ufDecember 7,2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CVP-06-038 - PAGE 3 of 4 By action of the Planning & Zoning Commission at its regular meeting held on the ~ \ 1"- day of 0("'(' enl hv , 2006. COMMISSIONER MICHAEL ROHM ( Chair) VOTED '-f 0. COMMISSIONER DAVID MOE VOTED \ j..f <L COMMISSIONER WENDY NEWTON-HUCKABAY VOTED l \i a () COMMISSIONER KEITH BORUP VOTED ltfCA ~~ COMMISSIONER DAVID ZAREMB~ ~~ If D-_ CHAIRMAN MICHAEL ROHM \" \ i l i \ III i \ it, i, \\\ .- :'/.0" .. 'i' . ,\\ -l 0'- "~i.-'l..>',,,,, 1,/, ,-...",~~"\ '" :~":5.t."~,;-:~-- ~ V .n. .?O;, 1 ~. V__, ~ ~.f-' '(6 -=:. ~ ~ ~ ~ ~~'~~. ~ - ...... ~,,~. ..~ .,..~_.... :~(:<:? 2- ;. - ',"~., "'j ,0 ::- ~ ~ (,{::r 19~\// -~ ~ ~ .., .<,~ ,'- "'" ~__~ 'IV "" "II/ . :-"V'{JfIIl t. \' \ If ,\ \ Copy served upon Applicant, The Planning ~&p:1ttili\Hit, Public Works Department and City Attest: Attorney. By: /u ac~ U-e. lJ,JU City Clerk Dated:_l ~. ~ '( r aLl CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-038 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: December 7, 2006 Planning & Zoning Commission Sonya Watters, Associate City Planner ot.Gridi~ '\ \ IDAHO .~ ,J. J / Troutner Buildings A & B (CUP-06-038) .~JL Conditional Use Permit for Two 7,200 square foot office buildings, by Babichenko, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Babichenko, LLC, is requesting Conditional Use Permit (CUP) approval to construct two 7,200 square foot office buildings on 1.15 acres of land in an existing L-O (Limited Oftice) zone. The site for the proposed office buildings is located at S03 S.W. Sth Avenue, within Lot 12, Block 1 of Troutner Park Subdivision. A Conditional Use Permit would not typically be required for this project as office uses are principally permitted in the L-O zoning district. However, the Development Agreement (DA) for Troutner Park Subdivision (Inst. #97044077) requires all development to obtain CUP approval prior to submittal of a Certificate of Zoning Compliance application. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-06-038 for Troutner Buildings A & B, as presented in the Staff Report for the hearing date of December 7, 2006, subject to the conditions listed in Exhibit B. The Meridian Planniol! and Zonin2 Commission heard this item on December 7. 2006. At the public hearinl!. they moved to approve CUP-06-038. a. Summary of Commission Public Hearinl!: i. In favor: James Gipson. James Gipson Associates (applicant/owner's representative) and Pavel Babichenko (applicant/owner) 11. In opposition: None Hi. Commenting: None lV. Written testimony: None v. Staffpresentinl! application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Kev Commission Chanl!es to Staff Recommendation: i. None 3. PROPOSED MOTIONS Approval After considering all staff, applicant, and public testimony, I move to approve File Number CUP- 06-038 as presented in the staff report for the hearing date of December 7, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on December 21, 2006. Denial After considering all staff, applicant and public testimony, I move deny File Number CUP-06-038 as presented in the staff report for the hearing date of December 7,2006, for Troutner Buildings A & B - CUP-06-038 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006 the following reasons: (you must state specific reasons for denial.) I further move to direct staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on December 21, 2006. Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-038 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 503 S.W. 5th Avenue (Lot 12, Block 1, Troutner Park Subdivision) Section 13, T.3N., R.IW. b. Owner / Applicant: Babichenko, LLC 6145 Corporal Lane Boise, ill 83704 c. Representative: James Gipson, James Gipson Associates d. Present Zoning: L-O (Limited Office) e. Present Comprehensive Plan Designation: Commercial f. Description of Applicant's Request: The applicant is requesting Conditional Use Permit (CUP) approval, as required by the Development Agreement for Troutner Park Subdivision, to construct two 7,200 square foot commercial office buildings in an L-O zone at 503 S.W. 5th Avenue. 1. Date of Site Plan (See Exhibit A): September 7, 2006 2. Date of Landscape Plan (See Exhibit A): September 7, 2006 3. Date of Building Elevations (See Exhibit A): September 7, 2006 g. Applicant's Statement/Justification: "There are to be two office buildings, each approximately 7,200 square feet, single level, with associated drives, parking, and landscaping. The project will be phased, with Phase I to include Building "A", and the site development consisting of drives, parking, trash enclosure, and site landscaping. The buildings are to be virtually identical, with Phase II to follow as soon as market conditions warrant." (See applicant's narrative for more detai1.) 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as required by the development agreement for this site. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Ncwspapcr notifications published on: November 20th and December 4th, 2006 c. Radius notices mailed to properties within 300 feet on: November 9th, 2006 d. Applicant posted notice on site by: November 22nd, 2006 Troutner Buildings A & B - CUP-06-038 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: This area is a rapidly transitioning commercial area. There is existing vacant commercial property as well as developed commercial uses to the east, south, and north of the proposed office buildings. The property abuts a residential subdivision on the west boundary. c. Adjacent Land Use and Zoning 1. North: Vacant commercial/office property, zoned L-Q 2. East: Commercial property, zoned C-G 3. South: Vacant commercial/office property, zoned L~O 4. West: Single-family residential (Franklin Square Subdivision), zoned R-8 d. History of Previous Actions: In 1996, the City of Meridian approved the annexation and zoning of property in Troutner Park Subdivision to C-G and L-O zones. In 1997, a Development Agreement (DA) was entered into which required all development within the subdivision to obtain CUP approval. In 1998, an amendment to the Findings of Fact and Conclusions of Law was approved that eliminated the requirement for CUP approval for the C-G zoned portions of the development but still required CUP approval tor the L-O zoned portions, which are located adjacent to existing residential homes. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Lot already serviced during construction of Troutner Business Park. Location of water: Lot already serviced during construction of Troutner Business Park. Issues or concerns: None. 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Existing Zoning: L-O 7. Lot Size: 1.152 acres f. Conditional Use Information: 1. Non-n:siut:ntial squart: footage: Two 7,200 square feet office buildings 2. Proposed maximum building height: 27.5 feet (per elevations) 3. Number of residential units: 0 g. Off-Street Parking: 1. Parking spaces required: 29 2. Parking spaces proposed: 35 Troutner Buildings A & B - CUP-06-038 PAGE 3 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 3. Compact spaces proposed: 0 h. Sunmlary of Proposed Strt:t:ts and/or Access (private, public, common drive, etc.): Access to this site is provided from S.W. 5th Avenue, an existing public street, which connects to W. Franklin Road. One access point for the subject property is proposed from S.W_ 5th Avenue. No new streets are proposed or approved with this application. Staff is generally supportive of the access point and parking lot design. ACHD has reviewed this request and has no site specific requirements at this time due to the fact that all street improvements exist. 7. COMMENTS MEETING On November 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPR1;HENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City senlices to the subject property. The City of Meridian plans to provide municipal services tv the lands in the following manner: · Sanitary sewer and water service will be extended to the project at the developer's expense. · The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. · The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-suppnrted, services will he provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. (The site has already been annexed into the City.) Troutner Buildings A & B - CUP-06-038 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, and Exhibit B for more information on landscapingfor this site. · "Plan for a variety of commercial and retail opportunities within the hnpact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed office uses will contribute to the variety of uses in this area and will be compatible with the existing residences to the west. Staff believes that the proposed office buildings are consistent with the Comprehensive Plan and the previously approved applications for this site. StafJrecommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriatefor this property. 9. ZONING ORDINANCE a. Alluwt:u Ust:s in Cummercial Districts: UDC Table 11-2B-2lists the pennitted, accessory, and conditional uses in the L-O zoning district. Offices are principally permitted uses in the L-O zone. The existing Development Agreement for this subdivision requires CUP approval for development of property within the L-O zone, adjacent to existing residential homes. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide fOT the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required. The site as proposed on the site plan, meets the dimensional standards specified in UDC Table 11-2B-3. 10. ANALYSIS a. Analysis of .Facts Leading to Statf Recommendation: Staff is generally supportive of the proposed site design as shown on the CUP Site Plan, labeled Sheet 1, dated September 7, 2006, and the landscaping/elevations as proposed on the Landscape Plan, Sheet 2, dated September 7, 2006, with the following comments: Existing Development Agreement.;. The Development Agreement (DA) in effect for this property, recorded as Instrument #97044077, requires future office uses that are within the L- o zone in the Troutner Park Subdivision to be approved through the Conditional Use Permit process. In accordance with the DA, the applicant has submitted a CUP for the proposed office buildings. Parking: The applicant is proposing to construct 35 parking stalls for this use; 29 parking stalls are required by Ordinance. The proposed parking stalls and drive aisles shown on the Site Plan comply with the dimensional requirements shown in Table 11-3C-l of the UDC. Additionally, UDC 11-3C-6G requires that one bicycle parking space be provided for every 25 vehicle parking spaces. Provide a minimum of a one space bicycle parking facility for each Troutner Buildings A & B - CUP-06-038 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 building to be located as close to the building entrance as possible in compliance with UDC 11.3C-5C. (See Exhibit B) Landscaping: The landscape plan prepared by James Gipson Associates on September 7, 2006, labeled Sheet 2, is approved with no changes from the Planning Department. A 20-foot wide landscape buffer is required, as proposed, on the west boundary of the property adjacent to the existing residential homes. Landscaping shall be maintained on the site in a healthy, growing condition at all times. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. Submit the landscape plan at the time of submittal of a Certificate of Zoning Compliance application. Elevations: Elevations were submitted for the proposed buildings and included on the landscape plan. The buildings are proposed to be 27.5 feet tall, which complies with the maximum building height of 35 feet allowed in the L-Q zone per UDC Table 11-2B-3. The buildings are proposed to have vinyl frame windows and architectural fiberglass shingles with cast stone on the pillars and stucco and exterior walls. The Planning Department approves of the proposed elevations and construction materials. Certificate of Zoning Compliance~ The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-IA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the applicant shall be required to obtain a CZC permit from the Planning Department for each building. b. Staff Recommendation: Staff recommends approval of CUP-06-038 for Troutner Buildings A & B, as presented in the Staff Report for the hearing date of December 7, 2006, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Plannine and Zonin2 Commission heard this item on December 7.2006. At the public hearine. they moved to approve CUP-06-038. 11. EXHmITS A. Drawings 1. CUP Site Plan (dated September 7,2006) 2. Landscape Plan/Elevations (dated September 7, 2006) B. Conditions of Approval 1. Planning Department 2. Publil.: Wurks Dtl'artIllt:llt 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada Cuunly Highway Dislril.:l C. Required Conditional Use Permit Findings from Unified Development Code Troutner Buildings A & B - CUP-06-038 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 A. Drawings 1. CUP Site Plan Exhibit A Page 1 ... - .. -.- -- . .~. a--- l .....~. i .. .. ~ i "c1;\ ~~ ~ fl"~ l; 8~ii !! ~...1'i1 "- Ui<.clUJ ~ _ N I !fjt I !I! I!! It I h hi) I d t I ~ -lriiIiiivlll....1'T:i - .'-'- - - ....,III!"G8~. ~ .............-._~'____~.~w-..:..._....- .,..",,_~. j II II '. \ I l ~ -;;i~'~/~ .~ j · ,-' ".;;-~' -"".. -.'. I . ': 'I 1 : co /" /1'\ ...." .....1-&:. I ~ ~~. -:. .... .' .n,,--- ._~:d: ~H I . -- I I i ;::.~ \ . 'f n y'11o- i 13 ;,,~~ I t ,)-.. dmll - I :l~. i I ~ 'lll't I: .. -II ~ =.1--:: .~: :i .-Lr : I I "I I ~"L__~J I "'---~ I v~! ~~~J ~ "Ii' J ~. ~, Ii ti 1 ~ ~ !l !i~~1 { u:.~ u hI !. H>>! : ~ tj h H:~ n i !j1 .d-~df J Ii ! L~ ~ H JIll i . A I ~Uel. ~I H! ~ 1~11 i~Ji ii ; n >- 'l.lnl J Illt Ji ~ 1 .}, it ~ JlWi JI~" .: ~t ~~- 19lj a IIftll ffim :t h ~ ~ !~: i~~~ t t. . i! I 1!!!!.~ , i irij . II' ~!II~ i,;;. .~! f . ., il- .~ -J I ~' ;,"/J 1'~1 w" ~ q:::::( I I j .~. ~"'.....' I(J ."._-~ ~I t il 6/' ~ . li;;L.,1 .' ,- ~ 'l.Lc----l'(: i,h iCJt.:Z] i '.1. ~1":-,~:::"liUil ,--"--- 1 il II I .__""".J t ~.. f .' · ~I. I]f.'! · W CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 2. Landscape Plan/Elevations .. "......----- - -- - -......-- "I -......~.j, 1111I:'" ......,... >:.i......l I ; I ~. . . Exhibit A Page 2 ~~ , c I!t~ .l h ~ ~~ ~ ~ t,.._ ~ ~~; ~ ~~I~ III i~lIo(" Iii , i dl ! i ft .1111111 i1. Ih 1 ..f ~ Iv Ij ! flldi III J - ~ . .. Illh! H , , , · I .I'IU '1" i · ~ I;~ ~~H U i lUlU 1.1 : ~~~~~~, I ~~l~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all conditions of approval for Troutner Park Suhdivision and Development Agreement Instrument No. 97044077. The Site Plan labeled Sheet 1, prepared by James Gipson Associates, and dated September 7, 2006, is approved subject to the conditions listed below. 1.2 Provide a minimum of a one space bicycle parking facility for each building to be located as close to the building entrance as possible in compliance with UDC 11-3C-SC. 1.3 The landscape plan prepared by James Gipson Associates on September 7, 2006, labeled Sheet 2, is approved with no changes. Landscaping shall be maintained on the site in a healthy, growing condition at all times. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11- 3B-14. 1.7 To ensure that all of the conditions of approval for CUP-06-038 are complied with, the applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for each building, prior to construction. 1.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.9 Contact Trisha at the Meridian Public Works, 898-5500, to obtain addrcsscs for the site. 1.10 No signs are approved with this CUP application. All business signs require a separate sign pennit in compliance with the sign ordinance (UDC II-3D). 1.11 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use pennit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via existing sewer stubs to the property. The applicant shall install any mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than altemate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of stubs from SW 5th Avenue. The applicant shall bt: tt:spunsiblt: tu install all wakr mains necessary to serve this development, coordinate main size and routing with Public Works. 2.3 Tht: applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. 2.4 There shall be a lO-foot separation between all water mains and the high water mark of any drainage swale and 25-feet of separation between all water mains and infiltration trenches. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements such as fencing, micro-paths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.7 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.8 It shall be the responsibility of the applicant to enflure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the EnviroJUllental Protection Agency. 2.10 Applicant shall be reflponsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.11 Compaction teflt results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. ]. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle; b. The Fire hydrant shall not face a street which does not have addresses on it; c. Fire hydrant markers shall be provided per Public Works specifications; d. Fire Hydrants shall be placed on comers when spacing permits; e. Fire hydrants shall not have any vertical obstructions to outlets within 10'; f. Fire hydrants shall be place 18" above finish grade; g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5; h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a frre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 Provide a Knox box entry system for the complex prior to occupancy. 3.8 All portions of the buildings located on the project must be within 150' of a paved surface as measured around the perimeter of the building. 3.9 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.10 Where a portion of the facility or building Ilt;n;afier constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a frre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m); b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.11 There shall be a fire hydrant within 100' of all Fire Department connections. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES COMPANY 6.1 sse has no comments related to this application at this time. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Ada County Highway District does not have any site specific requirements at this time due to the fact that all street improvements exist. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006 C. Required Conditional Use Permit Findings from Unified Development Code The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That tbe site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed buildings and office uses can be accommodated on this site and meet all dimensional and development regulations of the L~O zoning district. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC 11-3C-6). Per this requirement, 29 stalls are required. There are 35 parking stalls proposed on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. The Commission finds that the project should have ample parking. The COnurllssion also finds that the subject propelty is large enough to accommodate the required yards (setbacks), parking, landscaping and other features required by the ordinance. Staff recommends the Commission rely on Staffs analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the prupused use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Designation for this property is Commercial. The property is currently zoned L-O, with a requirement for CUP approval for the use and development of the L-O zoned lots within Troutner Park Subdivision. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use)_ 3. That the design, construction, operation and maintenance will be compatible with other uses in tbe general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the office buildings should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed uses will not adversely affect other property in the area. The COlllmission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. Exhibit C CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, the Commission finds that the proposed use will be served adequately by all ofthe public facilities and scrvices listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare ofthe community. If approved, the applicant will be financing any improvements n::quired for ut:vdopment. The Commission fmds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or 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. The Commission recognizes that traffic and noise will increase with the approval of the office uses in this location; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission fmds that the proposed uses will not be detrimental to people, property or the general welfare of the area. 8. Tbat the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission fmds that there should not be any health, safety or environmental problems associated with this development. The Commission fmds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C