Loading...
HomeMy WebLinkAboutBentley Apartments CUP 02-048 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MUL TI- FAMILY DWELLING UNIT IN AN O-T ZONE, LOCATED AT 518 E. BROADWAY AVENUE, MERIDIAN, IDAHO TAMURA & ASSOCIATES, APPLICANT C/C 02/25/03 ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-048 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 4,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Teresa Bentley, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT I. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 4, 2003, before the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 4, 2003, public hearings; and the applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-8 zone and by reason ofthe provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 518 E. Broadway Avenue, Meridian, Idaho. 5. The owner of record ofthe subject property is Teresa Bentley, 2929 Wildwood Street, Boise, Idaho 83713. 6. Applicant is Tamura & Associates, 499 Main Street, Boise, Idaho 83702. 7. The subject property is currently zoned R-8. There is, however, an application for rezone from R-8 to O-T zone before the City Council. The zoning district ofO-T (Old Town) is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a multi-family dwelling unit in 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). 8. The adopted Comprehensive Plan's Future Land Use Map delineates the subject property as "Old Town". 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Wendell Bigham, Joint School District No.2, expressed in his letter dated January 7,2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the govermnental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 City of Meridian, subject to the following: A. Adopt the Special Recommendations ofthe 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 foJlows: 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 aJllandscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shaJl be required to utilize any existing surface or well water for the primary source, if existing. If City water i s proposed for irrigation, developer s haJl b e responsible to pay water assessments for the landscaped areas. 4. Landscaping: PerMCC 11-13-4.B.l andMCC 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. AJI 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 shaJl be reduced to three feet (3') within twenty feet (20') ofthe north or south property line in accordance with the MCC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 6. Applicant shaJl 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 shaJl be incompliance with section ll-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 shaJl be aJlowed at a reduced width ofthree and one-halffeet (3.5') in width and shall be extended to the north and east to provide access to aJl of the parking stalls proposed for this development. STANDARD CONDITIONS OF APPROVAL I. Off-street parking shaJl 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 ofIdaho licensed architect or engineer is required and shaJl be submitted to the City Engineer (Ord. 557, 10-1-91) for aJl 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 for Idaho 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 aJl necessary applications with the Idaho Department of Water Resources regarding Shallow Injection WeJls. 4. Outside lighting, whether attached to the principal building or located within the parking lot shaJl 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. AJI signage shaJl be in accordance with the standards set forth in Ordinance 11-14 or as specificaJly approved. No temporary signage, flags, banners or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be 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 aJlowed per the ordinance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The sidewalk shaJl tie into the existing sidewalk on either side of the development. If ACHD changes this condition to aJlow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is aJlowed. 2. Provide a payment of $1 ,200 to the ACHD Maintenance Department for the paving of the aJley 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 of22-feet of back-up space (measured from the back of the parking staJl to the opposite side of the alley) for the proposed perpendicular parking off of the aJley, as proposed. 4. Comply with aJl Standard Conditions of Approval. Standard Conditions of Approval 1. 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 shaJl be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 5. An 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 shan prepare and certifY all improvement plans. 6. The applicant shan 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 shan be in conformance with an 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 fun 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, shan 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 fonows: 1. 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 fire-flow of 1,750 gallons per minute available for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 7 duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix ill-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. 4. Final Approval of the fire hydrant locations shan 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. E. Adopt the Comments of the Meridian Water Department as fonows: I. The lot is currently supplied with a 3/4 inch water meter and may need upgraded to a larger size. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features. The proposed reductions for landscaping and parking are approved. 15. That the proposed development plan is in harmony with the Amended Meridian Comprehensive Plan and that the project meets the requirements and objectives ofthe Zoning Ordinances. 16. It is found that the design concept is compatible with the other (adjacent) multi- family uses in the general neighborhood and the existing/intended character ofthe area. It is also found that the proposed improvements would bring the property closer to the intended character of the area by replacing the existing sman residential structure with a new, higher density residential uses. 17. It is not anticipated that the proposed development will have an adverse impact on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 the surrounding property. 18. It is found that the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer, if improvements are made by the applicant in accordance with existing policies, ordinances and Uniform Codes. 19. That the proposed use will not create additional requirements at public cost for public facilities and services, nor would the proposed improvements be detrimental to the economic welfare of the community. 20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in conformance with ACHD requirements. Parking access is taken off the alley, not from Broadway. 22. It is found that the proposed use win not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the fonowing standards are met and that the proposed development: (Meridian City Code 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the 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; d. That the proposed use, if it complies with an conditions of the approval imposed, will not adversely affect other property in the vicinity; e. 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, sewer; or that the person responsible for the establishment ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 g. 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; h. That the proposed use will have vehicular approaches to the property which shan be so designed as not to create interference with traffic on surrounding public streets; and i. That 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. 5. Prior to granting a conditional use permit in the Old Town District (0- T), a public hearing shan be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall fonow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shan be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shan go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission." 6. Fonowing the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shan be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 7. When the City Council approves a conditional use permit it may impose conditions ofthat approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a multi- family dwelling unit in O-T (Old Town) zone located at 518 E. Broadway Avenue, Meridian, Idaho, subject to the fonowing conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as fonows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 an landscape areas on site. Applicant shan submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shan be required to utilize any existing surface or wen 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 an multi-family residences. The Applicant is proposing several (2) two-inch caliper trees, lawn, and shrubs and staff finds 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 shan be reduced to three feet (3') within twenty feet (20') of the north or south property line in accordance with the MCC. 6. Applicant shall coordinate with Sanitary Services Corporation (SSe) regarding the location and design ofthe trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The Trash enclosure shan be incompliance with section 11-12-1.C of the MCC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 7. Significant alteration of elevations approved as part of the conditional use permit win not be considered without modification of the conditional use permit and additional public hearings. 8. The intemal sidewalk shan be allowed at a reduced width of three and one-half feet (3.5') 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 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shan 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 ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for an 0 ff-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 for Idaho 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. An 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 valid for a maximum period 0 f 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 Site Specific Conditions of Approval 1. Construct a 5-foot wide concrete sidewalk on Broadway Avenue abutting the parcel. The sidewalk shan tie into the existing sidewalk on either side of the development. If ACHD changes this condition to allow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is allowed. 2. Provide a payment of$I,200 to the ACHD Maintenance Department for the paving ofthe alley abutting the site. ACHD will be responsible for the paving of the entire aney abutting the site from East 5th Street to East 6th Street. 3. Provide a minimum of22-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 of the alley, as proposed. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. 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 shan be bome 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 an 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 shan 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 ofthe Meridian Fire Department as follows: 1. 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 fire-flow ofl,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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. F. Adopt the Comments of the Meridian Water Department as follows: 1. The lot is currently supplied with a 3/4 inch water meter and may need upgraded to a larger size. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 9 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the goveming body ofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the .f1.- Iff - day of m~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED fPv ?-- /IiJ~ COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: .;3-/&-03 VOTED - MOTION: ~ APPROVED: DISAPPROVED: By:-Jl4~~~~ City Clerk Dated: \\\\'''111111", \\\\ "'e:- 11/ \\\' _, of """FlID1'111/ ...' :'.' 1'4~ 'l ;:; ,...' a of\POA.1 f:j ~ VII "~ .: ..G ~o ~ ~ ~ ~ 3-- U-C$ SEAL ~ ~ i 2 o ~ "0':' ~.. 1'0 T 1~ . ~ .! ....... ':"fA- ~ ,~ IIllt -uuNT'i' \\", IIIIIIH/lllntH"'\ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Z:\Work\M\Meridian\Meridian I 5360MIBentley Apts RZ.()2.()09 CUP-02'()48\FIClsCUP02-048.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MULTI- FAMILY DWELLING UNIT IN AN O-T ZONE, LOCATED AT 518 E. BROADWAY AVENUE, MERIDIAN, IDAHO TAMURA & ASSOCIATES, APPLICANT C/C 03/04/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-048 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the March 4, 2003, under the provisions of Meridian City Code 9 11-17-4 for fmal action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a multi- family dwelling unit in an 0- T zone located at 518 E. Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and development: 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 ofthe Planning and Zoning and Engineering staff as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-048) -1 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. IfCityw ater is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 4. Landscaping: Per MCC ll-l3-4.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 finds that this meets the basic requirements ofthe 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 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. ORDER CONDITIONAL USE PERl\flT (CUP-02-048) -2 8. The intemal sidewalk shall be allowed at a reduced width of three and one-half feet (3.5') 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 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 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 ofIdaho 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 for Idaho 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 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: ORDER CONDITIONAL USE PERMIT (CUP-02-048) -3 Site Specific Conditions of Approval 1. 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. If ACHD changes this condition to allow a four foot (4') sidewalk to match the existing sidewalk on neighboring parcels, the reduction is allowed. 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 of22-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 1. 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 of Idaho shall prepare and certify all improvement plans. 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. ORDER CONDITIONAL USE PERMIT (CUP-02-048) -4 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 ofthe 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: 1. 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 fire-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 ill-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. ORDER CONDITIONAL USE PERMIT (CUP-02-048) -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. E. Adopt the Comments of the Meridian Water Department as follows: 1. The lot is currently supplied with a 3/4 inch water meter and may need upgraded to a larger size. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. By action ofthe City Council at its regular meeting held on the /6 -/.!l. day of /l71Mf.L ,2003. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJf~~&.,.9- City Clerk Dated: 3 - UJ--C :3 \\\\111111111//,. \,\, f M- '1,/ ", _I 0 c,'t'^ III ....',' :\"' _ "Vi ~::;.. ,,' a I\PO~. '11- ~ " c,o '''1h c. ~ >!' '<:> -;. 2 ~ ~ - - - - - - ORDER CONDmONAL USE PERMIT (CUP-02-048) -6 .-.