HomeMy WebLinkAboutBentley Apartments RZ 02-009
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF .17
ACRE FROM R-8 TO O-T ZONE
FOR BENTLEY APARTMENTS,
LOCATED AT 518 E. BROADWAY
A VENUE, MERIDIAN, IDAHO
TAMURA & ASSOCIATES,
APPLICANT
C/C 03-04-03
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Case No: RZ-02-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of .17 acre having come on
for public hearing on March 4, 2003, at the hour of 7:00 o'clock p.m., and Council having
received the report of DaVId McKinnon Planner II of the Planning and Zoning Department, and
Bruce Freckleton of the Public Works Department, and Brad Hawkins-Clark Interim Director for
the Planning and Zoning Department, and Teresa Bentley, appeared and testified, and no one
appeared in opposition, and the Council having received the record of this matter made before
the Planning and Zoning Commission, and having received their Recommendation to the City
Council, and the City Council having duly considered the evidence and the record in this matter
therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for March 4, 2003, before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS / (RZ-02-009) - 1
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers ofrecord within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said Q.earing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that 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 hearing; and the applicant,
affected property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express comments and
submit evidence.
2. There has been compliance with all notice and hearing requirements set.
forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately .17 acre in size. The property is located at
518 E. Broadway Avenue, Meridian, Idaho, and a copy of the legal description is on file at the
City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho.
5. The owner of record of the subject property is Teresa Bentley, 2929
Wildwood Street, Boise, Idaho 83713.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REWNING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 2
6.
83702.
7.
residence.
8.
9.
The Applicant is Tamura & Associates, 499 Main Street, Boise, Idaho
The property is presently zoned as R-8 and consists of a single family
The Applicant requests the property be rezoned as 0- T.
The proposed site is bordered to the north by single-family residential
(zoned R-8), to the south by industrial property (zoned I-L), to the east and westby multi-family
residential (zoned R-8).
10. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defmed in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: Remove the existing small single-family residence and construct a single four unit
multi-family apartment building.
13. The Applicant requests rezoning of the subject real property as 0- T. It is
found that the adopted Comprehensive Plan's Future Land Use Map delineates the subject
property as "Old Town (O-T)".
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. The City Council recognizes the concerns of Wendell Bigham, Joint
School District No.2, expressed in his letter dated January 7, 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 3
16. In review of the application for rezone it is provided at Meridian
City Code ~ 11-15-llfor the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section fmds that:
16.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
16.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
16.3 The proposed use will be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not change
the essential character of the same area, subject to the conditions of the
conditional use process;
16.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
16.5 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
16.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
16.7 The use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
16.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
16.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
16.10 The proposed zoning will be in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 4
16.2 Staff and Agency recommendations and/or conditions provide as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department 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 ll-13-4.B.2, underground year-round pressurized irrigation
must be provided to all landscape areas on site. Applicant shall submit irrigation performance
specifications based on the proposed landscaping when applying for a Certificate of Zoning
Compliance. Applicant shall be required to utilize any existing surface or well water for the
primary source, if existing. If City water is proposed for irrigation, developer shall be
responsible to pay water assessments for the landscaped areas.
4. Landscaping: Per MCC 11-13-4.B.1 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 of the ordinances. A
detailed landscape plan, in accordance with the Landscape Ordinance will be required at the
time CZC submission. All trees must be kept outside of the public right-of-way. The
applicant is responsible to ensure that no easements exist that would preclude the proposed
landscaping.
5. Fencing: The proposed 6 foot vinyl fencing located on the east and west property
line shall be reduced to three feet (3') within twenty feet (20') of the north or south property
line in accordance with the MCC.
6. Applicant shall coordinate with Sanitary Services Corporation (SSe) regarding the
location and design of the trash enclosure area. Submit details and written approval with a
Certificate of Zoning Compliance application. The Trash enclosUle 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 ofthe conditional use permit and additional public
hearings.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF.17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 5
8. The internal 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 ll-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.
B. Adopt the Recommendations of the ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS/(RZ-02-009) -6
Site Specific Conditions of Approval (Subiect to Development)
1. Constrnct 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 $1 ,200 to the ACHD Maintenance Department for the
paving of the alley abutting the site. ACHD will be responsible for the paving of the
entire alley abutting the site from East 5th Street to East 6th Street.
3. Provide a minimum of 22-feet of back-up space (measured from the back of the
parking stall to the opposite side of the alley) for the proposed perpendicular parking off
of the alley, as proposed.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be born.' 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 7
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 mGUNE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C.
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 III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 8
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.
D. Adopt the Comments of the Meridian Water Department as follows:
1. The lot has a single % inch meter. It may need upgraded to a larger size.
17. It is found that the adopted Comprehensive Plan's Future Land Use Map
delineates the property as "Old Town (O-T)", and the zoning designation is in accordance with
the Comprehensive Plan. The text of the Comprehensive Plan (page 99) supports the
construction of multi-family uses within the O-T zone.
17. It is found that the proposed re-zone and accompanying development plans
comply with the requested zone, and it is not anticipated that the property will be rezoned in the
future.
18. It is found that the Applicant has submitted detailed development plans for the
property as part of the application, and that the proposed development may be allowed with the
approval of a conditional use permit in the proposed 0- T zone.
19. It is found that the recent adoption of the City's new Comprehensive Plan has
provided the applicant with the ability to request the 0- T zone for the subject property. It is also
found that there have been no physical changes in the area that dictate how the property should
be rezoned.
20. It is found that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood (four-plexes) and
intended character of the area. It is also found that additional architectural features could be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 9
added to the southern elevation of the building to give the proposed building a more attractive
street appearance.
21. It is found that the rezone to 0- T should not be disturbing to existing or future
neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the 0-
T zone may be disturbing to future or existing neighbors; however it is anticipated that the
proposed development should not be hazardous or distUlbing to the neighboring uses.
22. It is found that the proposed uses will be adequately served by all essential public
services and facilities.
23. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, it is found that the
proposed rezone would not be detrimental to the economic welfare of the community.
24. It is found that the proposed O-T zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials, equipment, and
conditions that are detrimental to the general welfare of the community.
25. It is found that the proposed 0- T zoning will not interfere with general traffic
patterns on any public streets.
26. It is not found that any natutal or scenic feature will be lost, damaged or destroyed
by approval of this rezone.
27. It is found that the zoning amendment would be in the best interest of the City by
allowing a property owner to make improvements to the property that would otherwise not be
allowed without the rezone.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REWNING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 10 .
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of Old Town (O-T) is defined in the Zoning Ordinance at
11-7-2 L as follows:
(a-v Old Town District: The purpose of the O-T District is to accommodate and
encourage further expansion of the historical core of the community; to delineate a
centralized activity center and to encourage its renewal, revitalization and growth as the
public, quasi-public, cultural, financial and recreational center of the City. A variety of
these uses integrated with general business, medium-high to high density residential, and
other related uses is encouraged in an effort to provide the appropriate mix of activities
necessary to establish a truly urban City center. The District shall be served by the
Municipal water :md sewer systems of the City. Development in this District must give
attention to the handling of high volumes of traffic, adequate parking, and pedestrian
movement, and to provide strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
4. Idaho Code 9 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particular consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
5. Idaho Code 9 67-65llA provides:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 11
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code 911-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
7. 9 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
7.2 Where district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of-way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. 9 ll-15-llofthe Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 12
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zomng.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The area will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
8.8 The use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
8.9 The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental. to any persons,
property Of the general wel.fare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 13
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately .17 acre to remove the
existing small single-family residence and construct a single four unit multi-family apartment
building under the proposed 0- T zone, is granted, subject to the terms and conditions of this
Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
SITE SPECIFIC rONDITIONS 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 ll-I3-4.B.2, underground year-round pressurized irrigation
must be provided to all landscape areas on site. Applicant shall submit irrigation performance
specifications based on.the proposed landscaping when applying for a Certificate of Zoning
Compliance. Applicant shall be required to utilize any existing surface or well water for the
primary source, if existing. If City water is proposed for irrigation, developer shall be
responsible to pay water assessments for the landscaped areas. .
4. Landscaping: Per MCC 11-13-4.B.1 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS/(RZ-02-009) -14
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. Fencin~: 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') ofthe north or south property
line in accordance with the MCC.
6. Applicant shall coordinate with Sauitary Services Corporation (SSe) 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 1I-l2-I.C of the MCC.
7. Significant alteration of elevations approved as part of the conditional use pennit will
not be considered without modification of the conditional use pennit and additional public
hearings.
8. The internal sidewalk shall be allowed at a reduced width of three and one-halffeet
(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, 10-1-9l)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 ResoUlces 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.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER OF APPROVAL OF
REWNING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 15
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 ll-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.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval (Subiect to Devel09ment)
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 $1 ,200 to the ACHD Maintenance Department for the
paving of the alley abutting the site. ACHD will be responsible for the paving of the
entire alley abutting the site from East 5th Street to East 6th Street.
3. Provide a minimum of 22-feet of back-up space (measured from the back of the
parking stall to the opposite side of the alley) for the proposed perpendicular parking off
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 shall 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO 0- T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 16
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.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Exi~ting utilities damaged by the applicant shall be repaired by the
applicant at no cos', to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 17
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The project shall have a fITe-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.
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 has a single % inch meter. It may need upgraded to a larger size.
3. The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real property which is the
subject of the application to (O-T) Old Town (Meridian City Code ~ 11-7-2 L) which ordinance
shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering stafl of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code ~ 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 18
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of the rezoning
may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review
as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on 11l1t/u;'A- I E3 , 2003.
ROLL CALL
COUNCILMAN BIRD
VOTED~
COUNCILWOMAN deWEERD
VOTED-#
COUNCILMAN NARY
VOTED
~
/J1;~
COUNCILWOMAN McCANDLESS
VOTED
-
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: :J--IB-Og
VOTED
MOTION: ~
APPROVED: ~
mSAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney. \\\\\~I~~~IIII"'1
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3 1']/'1 tJ3':' /;.r:ft\ '('; ":.
Dated:- EA/ - f ~. () ~
By:d~~~/f
City Clerk
Z:\Work\M\Meridian\Meridianl 5360M\Bentby Apts RZ-02-009 CUP-02-048\FfsCIsOrderREZ.doc
SEAL
FINDINGS OF FACT AND C;ONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .17 ACRE FROM R-8 TO O-T
FOR BENTLEY APARTMENTS I (RZ-02-009) - 19