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HomeMy WebLinkAboutBaldwin Park Subdivision No. 1BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/18/03 IN THE MATTER OF THE REQUEST FOR REQUEST FOR APPROVAL TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. 1, LOCATED AT 4196 N. ZION PARK WAY, MERIDIAN, IDAHO BY: CAPITAL DEVELOPMENT, APPLICANT CASE NO. MI-03-002 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR APPROVAL TO ALLOW A TEMPORARY SALES OFFICE The above entitled matter coming on regularly for public hearing before the City Council on March 18, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Dave Yorgason, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted his application for a request for approval to allow a temporary sales office on Lot 2 Block 5 of Baldwin Fark Subdivision No. 1, and which application is herein received and FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK S OF BALDWIN PARK SUBDIVISION NO. 1 BY CAPITAL DEVELOPMENT FOR MI-03-002 adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located at 4196 N. Zion Park Way, Meridian, Idaho. 2. The applicant of the subject property is Capital Development, Inc. whose address is 6200 N. Meeker Pl., Boise, Idaho 83713. 3. The owner of the subject property is Todd Campbell whose address is 6138 Hazbortown Pl., Boise, Idaho 83714. 4. The location of the subject property is presently located in an R-8 zone, and which subject temporary sales office will be located on Lot 2 Block 5 of Baldwin Park Subdivision No. 1. The submitted Plot Plan depicts the area of the temporary sales office. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Capital Development, Inc., has requested approval to convert one bay of any existing, attached, three car garage into a temporary sales office use in Baldwin Pazk Subdivision No. 1. The office will have two to four staff members on site for seven days a week, 12:00 pm to 6:00 pm. No specific time period was proposed with the application. The bay that would be utilized as the sales office is shown on the Plot Plan with a single man-door and two sets of multi-pane windows. The other two bays are proposed to have a standazd, double overhead FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. 1 BY CAPITAL DEVELOPMENT FORMI-03-002 - 2 door. The remainder of the dwelling unit floor plan is shown to be a standard single family layout. The lot (Lot 2, Block 5) is zoned R-8 and is located just east of Baldwin Park Subdivision's primary errtrance off of N. Linder Road. This miscellaneous application is only for approval to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1. 8. Title 11, Chapter 8 of the Meridian City Code prohibits Professional and Sales Office uses in the R-8 district. Temporary buildings are allowed as conditional uses in the R-8 district. Unless a Planned Development specifically proposes a sales office as part of the application, the MCC does not permit these uses outright. The City has allowed sales office uses that are restricted to the sale of residential lots and/or dwelling units within the subdivision for which the sales are intended. Baldwin Park Subdivision was a straight plat and not a Planned Development. Therefore, it required an Miscellaneous application (MI) to be submitted for the otherwise prohibited or conditional use. 9. Giving due consideration to the comment received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 will not impose expense upon the public if the following conditions of approval are imposed: Adopt the Recommendations of the Planning and Zoning staff as follows: The subdivision is pemutted to have no more than one temporary use, which means that only one temporary use can be in use at one time. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALD WIN PARK SUBDIVISION NO. 1 BY CAPITAL DEVELOPMENT FOR MI-03-002 - 3 2. The front yard shall be landscaped and irrigated prior to occupancy. 3. The applicant shall be responsible for providing adequate off street parking for the employees. 4. One wall sign is allowed for the temporary sales office. The sign shall be limited in size to 18% of the wall area. No other signs shall be permitted. 5. Sanitary sewer service and domestic water service shall be hooked-up for the proposed use. An assessment for sewer and water service will be determined during the building permit application process. 6. The time frame for the sales and information use is for a period of 24 mornhs. If the Applicant requires an extension ofthis permitted period, it is recommended that they submit a status of their plans to the Planning and Zoning Department after 24 months of operation (starting from the date of occupancy). The City Council must approve of any time extension beyond 30 months. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The driveway approach shall have a minimum radius of 28' inside and 48' outside radius. 2. The fire access road shall be 20' wide and have a load bearing capacity of 70,000 lbs. UFC 902.2.1 3. Streets which are greater than 150' in length and are not provided with an outlet are required to be provided with an approved turn-around. 4. Post an address on the building in 6" numbers which contrast to the background color and are on the street side of the building. 5. Provide fire extinguishers per the Uniform Fire Code. CONCLUSIONS OF LAW 1. Approval of this request to allow a temporary sales office on Lot 2 Block 5 of Baldwin Park Subdivision No. 1, is based upon the information provided by the applicant on the temporary sales office, and which the temporary sales office is to be located on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 at 4196 North Zion Park Way, Meridian, Idaho. The applicant is required to comply with the conditions as stated in Findings of Fact No. 9. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALD WIN PARK SUBDIVISION NO. 1 BY CAPITAL DEVELOPMENT FOR MI-03-002 - 4 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to allow a temporary sales office to be located on Lot 2 Block 5 of Baldwin Park Subdivision No. 1 at 4196 North Zion Park Way, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff andlor governmental entities. By action of the City Council at its regular meeting held on the day of 2003. ROLL CALL COUNCILMAN BIltD VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED COUNCII.MAN NARY VOTED MAYOR ROBERT D. CORRIE VOTED. (TIE BREAKER) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST TO ALLOW A TEMPORARY SALES OFFICE ON LOT 2 BLOCK 5 OF BALDWIN PARK SUBDIVISION NO. 1 BY CAPITAL DEVELOPMENT FOR MI-03-002 - 5