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HomeMy WebLinkAboutStaff Comments~„ ~~F r. ~. "CITY 6F ` R~'~ -_ ~.~VL ~YlG~1G~Yl ~ I ~ IDAHO yF, - rl ~rr7r ~e6~ Trtensunr V ~'Y ~~903 MAYOR Tammy de Weerd CzTY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CXTY DEPARTMENTS City Attorney/l IR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax $84-8723 Fire 540 E: Franklin Road 888-x234 /fax 895-0390 Pairks & Recreation 11 W. Bower Street 888-3579 /fax 898-550]. Planning 660 E. Watertower Lane Suite 202 884-5533 / :Fax 888-6854 Police 1401 E. Watertower lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. 'Watertower lane Suite 150 $87-2211 /fax 887-1297 - Wastewater 3401 N. 'Ten Mile Road 888-27,91 /fax 884. D744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 July 24, 2007 Mr. Matthew Rhees. The Architect's Office, PLLC 224 16~` Avenue South Nampa, ID 83651 T~.ECENE]] City of Meridian City Clerk Office RE: Denial of Carol Professional Center [Lot 10] Certificate of Zoning Compliance Dear Mr. Rbees: 'ThXS letter is in response to your application for CcrtiBcate,.of Zoning Compliance (CZC) for the construction of a 3,195 square-foot office building at 2456 N. Stokesberry Place. The subject property is currently zoned L-O. Per the Unified Development Code, Table 11-2B~3, the building setbacks for the L~O zone are as follows: Rear - 20 feet; Front -- 20 feet; and Side - 10 feet. The proposed rear building setback of 10 feet shown on the site plan does not meet the requirement of 20 feet for structures in the L-O zone. For this reason; Staff is denying your CZC application as submitted. At the time the Stokesberry Nos. 1 and 2 applications were submitted, reviewed, and approved by the City, a 20-foot rear setback was the standard. To date, this standard in the L-O district has not changed. (See Attachment A) Staff researched the previous approvals for this development, Stokesberry Subdivisions Nos. 1 and 2, to see if a reduced setback had been previously requested or approved. Staff did not find as such for the property izL question, Lot 10, Block 1, Stokesberry Subdivision No. 2. Lots 6, 7, and $, Block 1, of Stokesberry Subdivision No. 1 (the lots adjacent to the school on the west side of N. Stokesberry Place) were approved fora 10-foot rear setback through the planned development process, CUP-00-020. (See Attachment S) This modification to the standard rear setback does not apply to any of the lots in Stokesberry No. 2. Excepting the rear setback on Lots 6, 7, and 8, Block 1, no other dimensional standards were modified with the approval of Stokesberry No. 1. In 2003, a preliminary plat application was Bled with the City to re-subdivide Lots 1 through 4, Block 1, of Stokesberry Subdivision No. 1. This application was processed as Stokesberry Subdivision No. 2. Na development applications were submitted concurrently with the preliminary plat for this subdivisiorX. CITY HALL 33 EAST 7DAF10 AVENUE MERIDIAN, ).DAI~IO 83642 (208) 888-1433 CITY CLGRK -FAX 888-4218 FINANCE & [JTl LCTY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8719 Printed on recycled paper The City can not evaluate or approve reductions in building setbacks with preliminary plat applications. This must be accomplished with a supplementary application such as variance, planned development, or zoning text amendment. And, as previously stated, no such application was submitted concurrently with platting of Stakesberry No. 2. Please note the attached application and narrative submitted with the application for platting of Stokesberry No. 2. In the narrative, Jim Coslett, J-U-B Engineers, Inc., states, "All of the lots are designed to comply with the standards of the [Meridian] Zoning Ordinance and Comprehensive Plan and no variances are sought or required." (See Attachment C) Additionally, Staff has examined the recorded minutes for the Planniig & Zoning and City Council hearings for Stokesberry Subdivision No. 2, where no mention of reductions in setbacks for any of the proposed lots was made. In fact, the Applicant's Representative, Darex- Fluke, is quoted as saying, "We meet all the [City's] standards with these lots." Said minutes can be made available to you for review, if requested. The final plat for Stokesberry No: 2 was recorded in November 2004 (Instrument No. 104143338). 1?urther, Note 1, as it appears on the final plat for Stokesberry Subdivision No. 2, .reads, "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian, Idaho, or as allowed by conditional use." (See Attachment D) As stated above, no application for variance or planned development was submitted with preliminary plat. Therefore, all lots within Stokesberry are meant to conform to the established 20-foot rear setback for the L-O district. It is true that four buildings within Stokesberry No. 2 were previously approved by the City with 10 foot rear setbacks. However, this was a City error. And, although Staff has erred in the past, we can not perpetuate this and. approve the CZC for Lot 10, Block 1, as currently proposed. Therefore, Staff is denying the CZC application for the Carol Professional Office. In accordance with UDC lI-SA-3F and UDC lI-SA-6, you have the option to appeal this decision to the City Council. All City Council Review applications (appeals) shall be filed in writing with the Planning Department within fifteen (15) days after the date of this letter. The appeal will be forwarded to the City Council to conduct a public hearing. The appeal should specify the grounds upon which the appeal is filed. I have attached the City Council Review application aud. checklist to this letter, should you decide to file an appeal of the Director's determination. (See Attachment E) Please feel free to contact Caleb Hood at 884-5533 with any questions or concerns. Sin re y, y Anna Canning City of Meridian Planning Director ATTACHMENT A rn ~ ar r- r ~ ~ E ~ ~ •~~a •a * ~: ~~ X = ~ as W ~~ J•~ Q Y~ j O ~ ~ V z w ~r v d ,~ . I ¢I ?I I2 ~n in o o ininooo 00 ~~~~~ ~~~ i 0 0 0 0 0 °~~~~ ~~~ ~ ,,, w N a7 .-. ~- N ~ ~ Cn~ N N NN w Y U r v w N 4l7 O L7 N N N 10 K*7I C*] ~~~n i vU S~~~CV~ ~ ~ `t' d ~d~ ~ ~. Q~, °° ~~ CA ~(lJ ~~ « « ~_ _~ O pp o ~ ~ 1~1~ tp to li7 O l[)r000dN0r- Q ~ ~ ¢ ~ ~ } ~ ~ ~ c ~ ~ n t, t~ r~ =~ z ~ in in in in in in o r r r- r° Y r- N 0 0 4 ~ [qV p r .~ ~ ~ /~ ~ ' ~ Q ' U ' "~ ~N r N ~N x.. G ° ic7inaobo b oooininin°O °inino LL N N c+] N [7 N N N C+] N r- N r' f~ C C+! C*] Cd ~ ~ ~ _~ 4l ~ ~ i !. ~ fA i ,--~ ~ v ~ u~ u~ N? ~~ j N j ~' U y n m m° ui ~ ~ ~ O O V1 ~ ¢ s_ ».~ L w ca .~Q coN°~~ ~~ ~ ° ~ ~o Q a ~ cn -T-ail~cn~0.Nd t~ r•cgm N ~~_ r ~ ~~~ rn m ~•~ ` m ~ ~~~ ~UC~cn~w ~,~ O~~ ,~' 7~ ?~ ~ ~s ~ , pcJ '~ ~~~~ ~~ ~~ .-- ;~ \ ~. ,_S fi' C3 '~ ~ '~ ,) 0 N~ U ~.,~ ,~-~,. ,, J. ~~. 4 ,. „ .~ ... UNiFIGp DFVFIePMENT ,,°a' LODG „~aa 11-2B-S: STANDARDS: The standards far all development in the commercial districts shall be as follows: A. Dimensional Standards: 1. Table 11-2B-3 of this section shall be used for determining required setbacks, street and residential landscape buffers and maximum building height standards for development in each of the respective commercial districts. Subsections A2 and A3 of this section set forth certain exceptions and additional clarification for the dimensional standards. ,~_ . TABLE 11-28-3 DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS -~ TJ ,~ Dimensional Standards' C-N C-C C-G L-O Front setback (fi feet) 2p 0 1 Rear setback (in feet) 25 p 20 Interior side setback (in feet) 0 10/52 Street landscape buffer (in feet): Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to resldenti~l '~ 20 25 25 20 uses (in feet)3 Mairimum building height (in feet) 35 50 65 35 Maximum building size without 7,500 60,000 200,000 .10,000 design standard approval as .set forth in section 11-3A-19 of this title (in square feet) Parking requirements ,; See chapter 3, article C, "Off Street '~~~~ Parking And Loading Requirements", of this title Landscaping requirements See chapter 3, article B, "Landscaping Requirements", of this title .~ July 2006 City of Meridian ATTACHMENT B ~ ~ ~,~ ~.. ~ ~ _ :w t ., ~ '~ ~ G ~Iso SEFO ~~ RE THE MERIDIAN CITY COUNCIL ~.~ y IN THE MATTER OF THE APPLICATION OF J-U-B ENGINEERS, INC., FOR A CONDITIONAL USE PERMIT ra. TO.REDUCE THE REAR (WEST SETBACIC) ADJACENT TO THE SCHOOL FROM 20 FEET TO IO FEET FORhPROPOSED CAROL PROFESSIONAL CENTER IN AN L-O ZONE~~LOCATED ON THE WEST SIDE OF EAGLE ROAD BETWEEI~FAIRVIEW AND USTICIC RpAD, MERIDIAN, IDAHO ,~-. ~~ The above entitled conditional use permit application having come before ,~ the City Ct~unal for public hearing on May 16, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and ~. written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying onbehalf of J-U-B Engineers, Inc. was Nancy Taylor, and no one appeared in opposition, and having duly considered the matter FINDINGS ~F FACT AND CONCLUS10N5 OF LAW w Page 1 of 16 USE PERMI'~ SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROS ESSIONAL CENTER/ CUP-00-020 tt i - ^ 1, L G Case No. CUP-00-020 05-25-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ,.~~ 4 N G h • r ~ •. -~ and the Planning and Zoning Commission made the fallowing Findings of Fact and r •ra Conclusions of Law and Recommendation to City Council, and the City Council having ~~ .rs received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as (allows: ~~ STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. ~ Idaho Code § 67-6512 provides in part that: ;~ (A) As part of a zoning ordinance the City Council may provide - ~ s for the processing of applications fox special or conditioinal use permits; and ~~ ~ (B} ~ That a special use permit maybe granted to an applicant if the proposed use is otherwise prohibited by the terms of the ;, zoning ordinance, but may be allowed with conditions :w under specific provisions of the zoning andinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and ,r (C) That upon the granting of a special use permit, conditions ~'~ maybe attached to a special use permit, including, but not limited to, those: ~° 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; r~ FINDINGS OP PACT AND CONCLUSIONS OF, LAW -Page 2 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. s CAROL PROFESSIONAL CEN'T'ER/CUP-00-020 r; ~ fY a~ r• .. ~r ~ 4) Assuring that development is maintained properly; ~.. 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally requixed in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, R, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian "City Code §~ 11-1.7-2. 3. ~ ldahoYCode §, 67-6504 provides that the City Council may exercise all of `-`the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. ~ The City of Meridian has enacted the Comprehensive Plan City of ~, Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Limited Office (L-O) `~ ~ .r zone, a public hearing shall be conducted with native 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, which provides as follows: n ,, .~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 of X b USE FERMI-~ SUBJECT TQ~CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER /CUP-00-020 ~~~~ ~ ~ - ~; "Prior to approving a Conditional Use Permit, the applicant and the Com'~ftission and Council shall fallow notice and hearing procedures provided in Chater 15 of this Title. Provided, however, that conditional use applications For land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." ~~ STATEMENT OF FACTS RELATPVE TO LEGAL AUTHORITY AND JURISDICTION FINDIlVGS OF FACT 1. A notice of a public hearing on the conditional use pernut was published for two (2) consecutive weeks prior to the said public hearing scheduled for May I6, 2000, before the City Council, the first publication appearing and written notice having been~mailed to property owners yr purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than n fifteen (X 5) 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, radzo and television _iL M stations as public service announcements; and the matter having been duly considered by the City Council at the said May I b, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the FINDINGS ~F FACT AND CONCLUSIONS OF LAW --Page 4 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUl'-00-020 ~ .. ~ r ~ _s m .I~ :. •~ ~_ Y~ i7 ~: planning ju~sdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with alI notice and hearing requirements set forth in Idaho Code §§67-6504 and 67-6512; and Meridian City Code §§ 1 ].-IS-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. .Council takes judicial notice of its Zoning, Subdivision and y ,, Development Ordinances codified at Meridian City Code Title I l and Title 12 and all current zoning maps thereof and 'the Cc~mmprehensive Plan of the City of Meridian ,,, .... adopted December 21, ].993 Ordinance #6~~ -January 4, 1994 and Maps and the ~~ Ordinance establishing the impact Area Boundary Ordinance and Map. 4. 'The property is located at west side of Eagle Road between Fairview and Ustick Road, Meridian, Idaho. 5. ~~ The owner of record of the subject property is Jon Barnes of Boise. :c ,~ 6. ~ Applicant is JUB Engineers of Boise. 7. ~" The subject property is currently zoned R-T. There is an application before the Cvity Council for annexation and zoning to Limited Office (]Cr0). The zoning district of L-O is defined within the City of Meridian Zoning and Development Si ~7 Ordinance, Section 11-7-2. ~~ ,~ ~,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 of 1 b USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROCESSIONAL CENTER/ CUP-00-020 «: ~- ~ ~ ~ ~~ .. {~; .~_ 8. :The proposed application requests a conditional use permit for reduction in rear setback. The L-O 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 i 1-8-I ). Y 9. The Meridian Planning and Zoning Commission recognizes that the n proposed application is in compliance with the Meridian Comprehensive Plan. ri I0. ~ The use proposed within the subject application will in fact, constitute a .,~ conditional use as determined by City Ordinance. ~, I I . ~ The requested conditional use is described in the "PRELIMINARY PLAT OF CAROI;CPROFESSIONAL CENTER, Date: 5-8-00, Drawn By: PJE, Design By: p ^ GAL, Checked By: GAL, Project No. 11507, Sheet 1 of 3, BY: J-U-B ENGINEERS, ._ x INC., PRO~?ERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER", ~~o reduce the rear (west setback) adjacent to the school from 20 feet to 10 feet for the proposed Carol Professional Center, and which property is described as: i. n A parcel of land ,being a portion of the Southeast I/4 of the Northeast 1/4 of Section 5, T.3N.; R.IE., B:M., Ada County, Idaho, and more particularly described as follows: ~, Commencing at a point marking the Northeast corner of Section S, T.3N., R lE B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the A FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-00-020 ~n Southeast corner o£ the NE 1/4 of Said Section 5. Said point being the REAL POIl~T OF BEGZNNZNG; thence leaving said Easterly line Noz-th 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; -~ ti ., thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; thence North 00°36'05" East, 50.00 feet to a point; theme North 89°40'37" West, 105.00 feet to a point; theme North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats~`at page 3164 in the office of the Recorder, Ada County, Zdaho; theme South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; theme South 00°36'05" West along said boundary 648.63 feet to the REAL POINT.OF BEGINNING. Said parcel contains 7.73 acres, more or less. }12. ~' Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planing ~`~ jurisdiction,~as herein provided for in the conditions of approval, public facilities and services req~i.red by the proposed development will not impose expense upon the .. ° public if the conditions of development, as set forth in the Decision and Order number 2, are fount~ta mitigate the effects of the proposed use and development upon serrvices s FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 of I6 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-00-020 :~ ;~ -~: ~; ~, ~ ~ ~ r r r.~ delivered by~political subdivisions providing services to the subject real property within the plannin~ jurisdiction of the City of Meridian. r: x 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject applicatian will be subject Bi ~ to the conditions as set firth in the Decision anc Order under number 2, and will be a. 1' ~ ~ designed, constructed, operated and maintained to be harmonious and appropriate in appeazance,pr intended chazacter of the general vicinity and that such use will not change the~intended essg~ntial character of the same area. 15. ~ The use proposed within the subject application will no~be hazardous or ., disturbing to existing oz future neighboring uses. 1'~i. '~ The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and ilre protection, drainage structures, refuse disposal, water and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash Fees o~charges, if any assaCiated with the use. 18. ~ The use proposed within the subject application will not involve 'FINDINGS OF PACT AND CONCLUSIONS OF LAW --Page 8 of X 6 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-00-020 r ~~ _ _ r~ ., uses, activit;es, processes, materials, equipment and conditions of operation that wall be r~.. iAl detrimental~to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. r~ 19. ^ Sufficient parking for the proposed use of the property will be provided. 20. The use will nit result in the destruction, loss or damage of natural ~, or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOIN`~ FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. ~ That the Applicant/Owner of the property, is granted a conditional use permit for the proposed application request of a conditional use permit to reduce the rear (west se''"tback) adjacent to the school from 20 feet to 10 feet for the proposed a Carol Professional Center, and described in the ""PRELIMINARY PLAT OF CAROL'ROFESSIONAL CENTER, Date: 5-8-00, Drawn By: PJE, Design By: .4 GAL, Checked By: GAL, Project No. 11507, Sheet 1 of 3, BY: J-U-B ENGINEERS, INC., PRO~?ERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER",,for the development of the aforementioned project, and which property is described as: r~s FINDINGS QF FACT AND CONCLUSIONS OF LAW -Page 9 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER /CUP-00-020 ~~ i~r,- e~ :~ ~ .~I ~ ~ ~, ~ - x A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Sectian 5, T.3N., R.IE., B.M., Ada Caunty, Idaho, and more particularly described as .follows: ' . -~~ Commencing at a point marking the Northeast comer of Section 5, T.3N., R1E., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section S, 2,6I I.S2 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POT,~TT OF BEGINNING; theme leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; theme leaving said Southerly boundary North 00°36'OS" East, 250.00 feet to a point thence North 89°40'37" West, 143.00 Feet to a point; • - - .„ thence North 00°36'OS" East, 50.00 feet to a point; .. ~ ,~ thence North 89°40'37" West, 105.00 feet to a point; ,. ~ theme North 00°36'05" East, 354.16 feet to a paint on the Southerly boundary of Carol's Subdivision as Shawn on the Official Plat thereof recorded Book 3'8"'of Plats~at page 3164 in the office of the Recorder, Ada County, Idaho; r' .. ~, u. thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a paint on the Easterly boundary of said Section 5; "' thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 ages, more or less. r The onditional use permit gxanted herein is subject to the following terms and conditions: "~ FINDINGS O~' FACT AND CONCLUSIONS OF LAW -Page X O of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-00-020 ,,, ~~; r ~~ ~~ xs ~ w n ,~ ~ 1.1 tl Deterntine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepazed by a soil scientist with the design of site drainage plan. 1.2 Coordinate f re hydrant placement with the City of ,Meridian Public Works Department. 1.3 Provide the Public Works Department with information on anticipated fixe flow and domestic water requirements for the proposed site. ]..4 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. ]..S ~~ Assessment fees for water and sewer service are determined during the ,:,building plan review process. Applicant shall be required to enter into an ~`' Assessment Agreement with the City of Meridian. Zn addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible fo;r installing the water and sewer mains to their cuxxent points. 1.d ~` Lighting plans shall ensure that lights do not cause glare or impact °~ adjacent residential properties or the traveling public, as detemuned by ~ the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. g 1.7 ~ 'The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit shall become null and void if work does not commence within one year of approval and construction is not complete within two yeazs from date of approval. The conditional use pernnit shall be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with _ the approved conditional use permit. 1.8 ~ One monument sign is proposed for the site. An elevation was submitted with the CUP application. The sign has a background area of approximately 130 s.f.. The City's draft sign ordinance proposes project +p~, ~: center signs in the L-O zone be allowed a maximum background area of FINDINGS OAF FACT AND CONCLUSIONS OF LA.W -Page 11 of 16 USE PERMITA$UB)ECT TO CONDITIONS / j-U-B ENGINEERS, INC. CAROL I'RC)FESSIONAL CENTER/ CUP-00-020 ~' ~ ., _ _; ~ ~ ~ ~J~ :, 80 s.f . A size restriction shall be placed as a condition on this project and tl~e sign area be reduced to SO s.f.. No location for the sign was called out ..~ on the Site/Landscape Plan. Applicant shall designate sign location for review and approval by the Commission. All signage is subject to design review and sepazate application to the City. I.9 The .Association's Architectural Review Committee shall establish a coordinated sign program for all signs within the complex so materials complement building architecture style and create a unified, consistent theme. All signage is subject to design review and separate application to the City. -+ I . I O The maximum allowed building coverage in the L-O zone is 50% per Iot. ~ A couple of the proposed building pads appear close to this maximum. The Applicant shall provide coverage calculations for all lots to demonstrate compliance with this ordinance. The building envelope sizes may vary depending on :Future lot owners, but the general location, ` r maximum size an'd orientatioxi for each lot shall be approved with this application. I .I I -The building pads shown on each lot da not reflect building orientation. ,~ While the proposed elevations are similar for the front and rear, ~ Applicant shall designate intended building orientations for Lot 1 and Lot Z, Block I (i.e. Eagle Rd. or the cul-de-sac). x x I .I2 ~; Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Provide a letter of approval '' from Sanitary Service Company p~,or to applying for building permits. ~~ ~~ '~ ~ ~ 1.13 ~ Provide a letter of approval from Ada County Highway District prior to ~~ applying far any building permits that approves of the location of all curb cuts. Letter of approval shall include retarded warranty deed ar recorded plat for all necessary roadway dedications. I . I4 =' No details of hours of operation are provided. The office uses/hours shall ,~,, be harmonious with the residential homes to the north and east. r az~ ~u a~ FINDINGS 6~ FACT AND CONCLUSIONS OF LAW -Page 12 of 16 USE PERMIT SUBJECT TO CONDITIONS /~J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER /CUP-00-020 ~~ ' ':.~ ~ +~ .L ~ ~ •f z 1.15 a The minimum parking stall dimensions (as required~y Ordinance 11-13- 4.F.) are not met on a majority of the stalls shown on Sheet Ll. The '~' majority meet the minimum 9-foot width but do not meet the minimum ° 19-foot length. Approval for reducing the length to 17 feet where a two • foot overhang is available but will depend, in part, on the berm ratio. However, an 18 foot minimum where stalls abut sidewalks shall be required. The main problem lies with the proposed compact stalls on the eastern most boundary. Ordinance 11-13-4.G. allows Applicant's to petition the Commission for compact spaces, but only at a minimum size of 7 I/2' width and 1 S' length. These stalls are shown at 13' length. Extending these stalls by two feet will reduce the drive aisle width from 25' to 23'. Support of a 24' aisle could be approved, but not a 23' aisle. Additionally, the compact stalls shall be dispersed evenly throughout the complex and not in a single row. At least 70% of the stalls in this row should be standard size. The applicant shall address all of these parking '" dimension concerns. - 1.16 ~ No total off-street parking counts were provided as part of the application. This must be provided prior to the P&Z Commission '~ hearing. There are a total of 333 stalls sewing all eight (8) building lots, or an average of 42 stalls per building. The ordinance requires 1 stall per ~' 400 sq. ft. of gross floor area for professional office uses. The 333 stalls would serve approximately 133,000 sq. ft. of office space. The proposed building pads (single story) are dimensioned at approximately 73,000 sq. ft. Since individual CUP applications are not being required for each future building, all off-street parking requirements shall be met on each lot. The plan appears to meet the minimum as is, but once~the changes required in #9 above are made, it will impact the total number. 3(~ 1.17 ~` All ADA requirements must be met for each building. 1 ].8 ~ The parking row against the east boundary shows fifty-five (55) stalls in a single row. This is a large expanse of asphalt without any visual/saftening break. At least two (2) landscape islands/bump-outs with dimensions ;;~; equivalent to a single stall shall be provided within this row. ids ::~ 1.19 The inclusion of bicycle racks at each office building shall be required. FINDINGS ~F FACT AND CONCLUSIONS OF LAW -- Page I3 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROCESSIONAL CENTER /CUP-00-020 e~ !a 545 ~i :! ~ Y~i ~ I.20`~ One, three inch (3"} caliper tree is required per 1,500 s.f. of asphalt area '' on the site (excluding rights-of--way). A total of I I5 trees are cuzrently ~" shown for the perimeter landscaping. This appears to meet the ordinance. However, in order to ensure compliance with this requirement, Applicant shall submit a calculation of the total amount of proposed asphalt area. I.2I Detailed landscape plans, including berm height, spea.es, groundcovers, shrubs and irrigation details shall be submitted with each future building's Certificate of Zoning CompliancelBuilding Permit application. X.22 The Applicant shall pay for the apticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once tl~e IQeiner property to the south develops. I.23 ~ That the Meridian School District shall be added to the Plat which ~p proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66-foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not. located within the Applicant's property and that 2S0 feet lies within the Meridian ;; School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right- of-way dedication. _, 1.24 ~ The total project has 87 more parking stalls than required by ordinance, and therefore, the Applicant shall be allowed to eliminate the compact ~~ parking spaces. £< 3. That the City Attorney draft an Order Granting Conditional Use Permit in ~, accordance with this Decision, which shall be signed by the Mayor and City Clerk and .: then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any i3 7P affected party requested notice. ~, FINDINGS ~F FACT AND CONCLUSIONS OF LAW -Page I4 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-00-020 ~- eA ~ x{ J v~ ~x T ,r• +it '~ NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-652I an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date } r of this decision and order seek a judicial review as provided by Chapter 52, Title 67, r Idaho Code. ~. By action of the City Council at its regular meeting held on the 6~ day ry of ~G~n1e- , 2000. ~~ _.. _.. ROLL CAL, COUNCILMAN ANDERSON VOTED--~~- m COUNCILMAN BIRD VOTED .~ ~t~ COUNCILMAN deWEERD VOTED~`~-- ,~ ~. •: COUNCILMAN McCANDLESS VOTED~a-' ~ W ~ - x ,~, ~ .. FINDINGS OF FACT .AND CONCLUSIONS OF LAW -Page I5 of X 6 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PRO SESSIONAL CENTER/ CUI'-00-020 3~ k' ~ F1 ~• ~i :tai r~ ~ p ~ rr r ~ -- ,, :~ :R MAYOR ROBERT D. CORRIE (TTE BREATHER) VOTED DATED: 6~ ~' ~J ~'O~ .~ ~~ ~~ MOTTQN: APPROVE DISAPPROVED: ., Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and CityAttomey. ,``,```~~`,~,,,,,,t11~~~~~~''` ~. ~ B - ` _ ~ ~~~ ~ rF Y~ = o Dated:. City Clerk - ~~~i~ ~ ~ - ~~ ~~ ~,, _~90 _riSt• .. msg/G:\Wark\M\[VEeridian 15360M\Carol Offic~AZ CUP PP\CUP1=fClsOrdDec f`'~~'~,',rr~('/~-~(1`,~~ti`~~~~~ .,, tttt etatt ~~a s~ Y ~ A f hT= ii ~_ ~1 ~'~ ,~ i~ ~ rg HI ~ AI FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 of 16 USE PERMIT SUBJECT TO CONDITIONS / J-U-B ENGINEERS, INC. CAROL PROFESSIONAL CENTER/ CUP-00-020 M y~~ ATTACHMENT C C~~ ~ ~~ CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, TD 83642 (208) 884-5533 Phone / (208) 888-6854 Fax RE UEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance -12-3-1 thru 12-3-6) GENERAL INFORMATION 1. Name of annexation and subdivision: Stokesberry Subdivision No . 2 2. Address, general location of site: West side o~F Eag 1 e Rd a pprox .. 2 mi 1 e north 3. Owner(s) of record: Propert7es es nc. Address: 1401 Sho Telephone: 345-7523 Fax: 345-5870 E-mail; 4. Applicant: Pro ernes West Inc. Address: 1401 Shoreline Drive, Boise, ID 83702 Telephone: 345-7523 Fes; 345-5870 Email: 5: Engineer: Oar A, Lee, P.E./L.S. Fig; J--U-B ENGINEERS, nc. Address: 250 'S. Beechwood Avenue, Suite 201, Boise, I 8 0 Telephone: 76 - 3 0 Fax: - E-mail: 6. Name and address to receive ,City billings- Name: Pro e r t i e s West , ,Inc . Address 1401 Shoreline ~Dri ve, Boise, ID 883702 Telephone: 3457523 PRELIMINARY PLAT FEATURES 1. Acres: ~ 4~ 15 2. Number of building lots: 15 3. Number of other lots: -0- 4. Gross density per acre: N/ A (Number of dwelling units per acre of total land to be developed) 5. Net density per acre: N/ A (Number of dwelling units per acre of land excluding roads) 6. Zoning District(s): Existing: L-0 Proposed: L-0 7. Does the plat border a potential green belt or pathway No 8. Have recreational easements been provided for? N 9. Are there proposed recreational amenities to the City? No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain 11. What school(s) service the area? N/A Da you propose any agreements for future school sites? Explain 12. Are there any other proposed amenities to the City? No Explain 13. Type of building (residential, commercial, industrial, office or combination): ice 14. Type of dwelling(s) (single family, duplexes, multiplexes, other): N/A 1 Rc~ti~. 3,'' ~/~ i of Fairview 15. Proposed development features: a. Minimum square footage of lot(s): 4 , 756 S . F . b. Minimum square footage of structure(s): 2, 475 5 . F . c. Are garages provided for? NSA Square foota~e: d. Has 1~uFfie~ agdjace~it v~o ~agrT~e-Ro~Describe: x7 st7 ng - 00 e. Who will own and maintain the pressurized izrigation system in this development? Stokesberry Business Owners Association Irrigation District: Nampa-Meridian f. Are any lots intended for multi-family dwellings? ° Type: g. Are there special set back requirements?_ No Explain;_ __ h. Were protective covenants submitted? Date: 16. Does the proposal land lack other property? ° Does it create Enclaves? STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat includes all appropriate easements. 6. Street names do not conflict with City grid system.. 7. All items noted on the preliminary plat checklist have been completed. I have read the information contained herein and certify th ati~ is e and correct and that this plat is in compliance with the above statemen , . of Applicant Rc>r. i.'2 S/03 (r~ (- July 15, 2003 Meridian City Planning and Zoning Commission City of Meridian 660 E. ~Watertower Lane, Ste. 202 Meridian, ID 83642 RE: 5tokesberry Subdivision No.2 -Preliminary Plat Members of the Commission: On behalf of our client, Properties West, Inc., we are pleased to submit this application for approval of a preliminary plat application for the replotting of Lots 1-4, Block 1 of 5tokesberry Subdivision. The project is located w>?st of Eagle Road approximately %z mile north of Fairview Road in Section 5, Township 3 North, Range 1 East. The subject property is comprised of four existing platted lots totaling approximately 4.15 acres of land. The site is within the Meridian City limits. Current zoning is Limited-Office District (L-O). This zoning designation will remain. ~.. , Site Overview This business park was previously platted under the name 5tokesberry Subdivision and is commonly known by the name of Carol Professional Center. It currently has office type buildings constructed on lots 6, 7 and $. The building on lot 6 is unoccupied. Construction of a building on the remaining lot 5 is expected in the near future. The remaining four platted lots are undeveloped. The project includes a 20' landscape strip along the north boundary and a 35' landscape strip along the east boundary abutting the right of way for Eagle Road. The landscaping for both these areas is in place and complete. Irrigation for these areas is provided by an intake structure near the 5tokesberry Lateral located in the southeast corner of the property. Project Overview Annexation / Zoning The project was annexed under the original preliminary plat application for 5tokesberry Subdivision and is located within the City of Meridian city limits. The current zoning designation is Limited-Office District (L-0). This designation is for permitting the establishment of groupings of professional offices and similar type uses. (City Ordinance 11-7-2G) Pre(imina Plat/Overa(( Pra'ect Desi n The preliminary plat contains a total of 15 buildable lots. The plat has been laid out to work within the previous plat and improvements already constructed on the site. These constraints include the existing road (N. 5tokesberry Place) and existing utilities and landscaped easement areas. The project includes a total of 0.60 acres of landscape area, approximately 14.5% of the 4.15 acre site total. Gross lot areas range from approximately 7,000 square feet to over 19,000 square feet in ~.. ~,_ Development Narrative Stokesberry Subdivision No_2 7/1S/2003 Page 2 size. The overall average lot size is approximately 12,000 square feet. Approximately 190 parking y spaces will also be provided. All of the lots as desi ned com l with the standards of the zonin ordinance an_d comprehensive plan and no variances are soug t or require . Irrigation Pressurized irrigation water is already being provided to all landscaped areas within the development and sprinkler systems are operating in all the landscape areas. Nampa-Meridian Irrigation District is the irrigation water supplier and the Stokesberry Owners Association will awn, operate and maintain the pressure irrigation system. Transportation Primary access to the property is provided by N. Stokesberry Place via E. River Valley Street off of Eagle Road. It is anticipated that this intersection will be signalized in the future due to the fact that this intersection is located at the half-mile section mark between Fairview Avenue and Ustick Road and because it serves the River Valley Elementary School ITD is currently conducting a traffic study along this corridor of Eagle Road. East River Valley Street is striped with left and right turn pockets for turning onto Eagle Road. Based on calculations from the ITE Trip Generation Manual, it is anticipated that the Stokesberry Subdivision No. 2 development will generate between X460 and 650 vehicle trips per day. This should result in a reduction from the original site plan. The existing N. Stokesberry Place is a 58'/50' right-of-way local street section terminating in a cul~de-sac. Schools The project has River Valley Elementary School located directly to the west. Water ft Sewer Sewer service is already provided to the site by way of an 8" main on N. Stokesberry Place and additional sewer main will be constructed internally. Water is also available on N. Stokesberry Place and will be looped through the development. Fire Service The project is located in the Meridian Fire District. Augmented fire protection will be provided for the project as required by Meridian Fire with installation of public water and fire hydrants. Other Utilities Public utilities, such as power and communications are constructed on N. Stokesberry Place and will be extended underground throughout the project. F:\ProjectManagers\GAL\119271app letter.doc '1 ~~•t Development Narrative Stokesberry Subdivision No.2 7/15/2003 Page 3 Summary We believe that we have designed a viable, attractive project that complies with the spirit and ~: intent of the Meridian Comprehensive Plan and Toning Ordinance and works well with the constraints of the existing site. We look forward to working with the city on this project. Phase do not hesitate to call if there are questions regarding any portion of th~+~application. Sincerely, J-U-B ENGINEERS, INC. Jim E. Coslett, P:E. 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ATTACHMENT E j~~A~ ~.7. 7fi +,~ ~;F' 1 ~1?'c ~1~:~ ~7 .: ;. Plannin g Department i'-;. ,, ~'~ COMMISSION & COUNCIL REVIEW APPLICATION Yy . . Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit ^ Conditional Use Permit Modification ^ Design Review ^ Final Plat ^ Final Plat Modification ^ Planned Unit Development ^ Preliminary Plat ^ Private Street ^ Rezone ^ Time Extension (Commission or Council) ^ UDC Text Amendment ^ Vacation (Council) ^ Variance ^ Other STAFF USE ONLY: File number(s): Project name: Date #zled: Date conrxplete: Assigned Planner: Related files: Hearirig date: D Commission O Council Applicant Information Applicant name: Phone: Applicant address: Zip: Applicant's interest in property: ^ Own ^ Runt ^ Optioned ^ Other Owner name: Owner address: Agent name (e.g., architect, engineer, developer, representative): Firxn name: Address: Primary contact is: ^ Applicant ^ Owner ^ Agent ^ Other Contact name: E-mail: Phone: ,Zip: mm 1?hone: Zip; Phone: Pax: Subject Property Information Location/street address: Assessor's parcel number(s): Township, range, section; Current ]and use: Total acreage: Current zoning district: 660 E. Watertower Lane. Suite 2U2 Meridian, Idaho 836=42 Phone: (Zp8} 88~F-.5533 Facsimile: (208} SS8-6354 Website: ~~°w~~•.meridiancit~°.oro ~ _ .. Project Description Project/subdivision name: General description of proposed project/request: Proposed zoning districts}: Acres of each zone proposed: Type of use proposed (checlt all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized itrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (;f primary or secondary point of connection is Ciry water): Residential project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): l Bedroom: 2 or more Bedroouas: Minimum square footage of structures} (excl. garage): Minimum property size (s.f): Proposed building height: Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excl~iding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage o'f useable open space: (See Chapter 3, Article G, far qualified open space) Type of open space provided izx acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ©Single-family ^ Townhomes ^ Duplexes ^MuIti-family Non-residential Project Surnrnary (if applicable) Number of building lots: Grass #7oor area pxoposed: Hours of operation (days and houxs): Other lots: Existing (if applicable): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity; Total number of parking spaces provided: Number of connpact.spaces provided: Authorization Print applicant name: Applicant signahtre: Date: GGO E. bVa[ertower Lane, Suite 202 Meridian, Idaho S3G~2 Phone: (2D3) fi84-5533 Facsimile: (208) S8S-GSS~ Website: ~~~~~~~•.meridiancity.ore 2 (Re~~. 9/21/06