HomeMy WebLinkAboutBentley Apartments CUP 02-048
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A MULTI-
FAMILY DWELLING UNIT IN AN
O-T ZONE
TAMURA & ASSOCIATES,
Applicant
) Case No. CUP-02-048
)
) RECOMMENDATION TO CITY
) COUNCIL
)
) RECEIVED
FEB 2 8 2003
City Of Meriman
City Clerk Office
1. The property is located at 518 E. Broadway Ave., Meridian.
2. The owner of record ofthe subject property is Teresa Bentley, 2929 Wildwood Street,
Boise, Idaho 83713.
3. Applicant is Tamura & Associates, 499 Main Street, Boise, Idaho 83702.
4. The subject property is currently zoned R-8 (Medium Density Residential). The zoning
district ofR-8 is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
5. The Applicant requests the Conditional Use Permit for a multi-family dwelling unit in an
O-T (Old Town) zone. The O-T 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).
6. The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject ofthis will, in fact, constitute a conditional use as
determined by City policy.
8. The Planning and Zoning Commission recognized the concerns of Wendel Bigham, Joint
School District No.2, expressed in his letter dated January 7, 2003.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
BENTLEY APARTMENTS BY TAMURA & ASSOCIATES - CUP-02-048 - Page I
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City Council
ofthe City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Extend sidewalks to go in front of the parking area.
2. Existing fencing can be used; applicant is not required to put up new vinyl
fencing.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC CONDITIONS OF APPROVAL
1. Sanitary sewer and water service to this site will be provided via existing mains
adjacent to the project site.
2. Assessments for sewer and water service are determined during the building
permit application process.
3. In accordance with MCC 11-13-4.B.2, underground year-round pressurized
irrigation must be provided to all landscape areas on site. Applicant shall submit
irrigation performance specifications based on the proposed landscaping when applying
for a Certificate of Zoning Compliance. Applicant shall be required to utilize any
existing surface or well water for the primary source, if existing. If City water is
proposed for irrigation, developer shall be responsible to pay water assessments for the
landscaped areas.
4. Landscaping: Per MCC 11-13-4.B.l and MCC 12-13 landscaping is required
on site for all multi-family residences. The Applicant is proposing several (2) two-inch
caliper trees, lawn, and shrubs and staff fmds that this meets the basic requirements of
the ordinances. A detailed landscape plan, in accordance with the Landscape
Ordinance will be required at the time CZC submission. All trees must be kept outside
of the public right-of-way. The applicant is responsible to ensure that no easements
exist that would preclude the proposed landscaping.
5. Fencing: The proposed 6 foot vinyl fencing located on the east and west
property line shall be reduced to three feet (3') within twenty feet (20') of the north
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
BENTLEY APARTMENTS BY TAMURA & ASSOCIATES - CUP-OZ-048 - Page 2
or south property line in accordance with the MCC.
6. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding
the location and design of the trash enclosure area. Submit details and written approval
with a Certificate of Zoning Compliance application. The Trash enclosure shall be
incompliance with section 11-12-1.C of the MCC.
7. Significant alteration of elevations approved as part of the conditional use permit
will not be considered without modification of the conditional use permit and additional
public hearings.
8. The internal sidewalk shall be widened to five feet in width and shall be
extended to the north and east to provide access to all of the parking stalls proposed for
this development.
STANDARD CONDITIONS OF APPROVAL
I. 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.
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.
3. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. All drainage water is to be maintained on-site. Storm water treatment and
disposal must be designed in accordance with Department of Environmental Quality
1997 publication Catalog of Storm Water Best Management Practices forIdaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
4. Outside lighting, whether attached to the principal building or located within the
parking lot shall be designed and placed so as not to direct illumination on any nearby
residential areas or the traveling public in accordance with the MCC.
5. All signage shall be in accordance with the standards set forth in Ordinance 11-
14 or as specifically approved. No temporary signage, flags, banners or flashing signs
will be permitted.
6. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
BENTLEY APARTMENTS BY TAMURA & ASSOCIATES - CUP-02-048 - Page 3
valid for a maximum period of eighteen (18) months unless otherwise approved by the
City Council. During this time, the permit holder must acquire building permits and
commence the construction of permanent footings or structures. Time extensions are
allowed per the ordinance.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
I. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the
parcel. The sidewalk shall tie into the existing sidewalk on either side of the
development.
2. Provide a payment of$I,200 to the ACHD Maintenance Department for the
paving of the alley abutting the site. ACHD will be responsible for the paving of the
entire alley abutting the site from East 5th Street to East 6th Street.
3. Provide a minimum of 22-feet of back-up space (measured from the back of the
parking stall to the opposite side of the alley) for the proposed perpendicular parking off
ofthe alley, as proposed.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. 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
herein. An engineer registered in the State ofIdaho shall prepare and certify all
improvement plans.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
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6. 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.
7. 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.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant 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 any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. 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.
11. 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 Highway District 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 in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
I. The project shall have a fire-flow as required by the Uniform Fire Code for four 4-
plex buildings. This is estimated to be a fue-flow of 1,750 gallons per minute available for a
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
350' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
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BENTLEY APARTMENTS BY TAMURA & ASSOCIATES - CUP-02-048 - Page 5
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. The addresses shall be posted in 6" numbers on the street side of the building &
small unit numbers shall be posted on each entry door.
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