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HomeMy WebLinkAboutFindings• ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11,1997 APPLICANT: A'a LLC AGENDA 17EM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FO PROFESSIONAL OFFICE BUILDING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" (~ SEE ATTACHED COMMENTS ,. ~V ~~ SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. C~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8,1997 APPLICANT: A'a LLC AGENDA ITEM NUMBER: 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS ~' ~~~~~a~ oJR' ~ Q~B~ [/ ~pr ~JQf~ ~l ~~ BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ ~ -day of ~ 19 ~~ COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROV DISAPPROVED VOTED ems, ~/ VOTEDyg~ 0 VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~?~~~ ~_ ~~ • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION A'a, LLC APPLICATION FOR CONDITIONAL USE PERMIT FOR OFFICE BUILDINGS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO SOUTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Roger Smith, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for a conditional use permit is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CONDITIONAL USE. PERMIT - A'a, LLC • reference is incorporated herein as if set forth in full. The property is approximately 4.26 acres in size. 3. The Applicant is not the owner of record of the property. The record owner of the property is Swiss Management International, Inc., and it has consented to the application for the Conditional Use Permit. 4. The property is presently zoned by Ada County as R3 Low Density Residential Zone, and is vacant land. With the consent of the record owner of the property, the Applicant has submitted an application for the annexation and zoning of the property requesting the property be zoned (L-O), Limited Office District. 5. The proposed conditional use of the property is as professional office buildings. Pursuant to the application and the accompanying letter from the Applicant's representative, the Applicant proposes the construction of three closely grouped professional office buildings located as far away from the abutting residential lots as allowed by the City's setback requirements. The three proposed buildings are designed to follow, as much as possible, the natural contours of the property so as to reduce the impact upon the nearby residential lots. The proposed landscaping adjacent to the buildings and parking areas will provide cover and a pleasing appearance. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 6. The Ada County Highway District submitted comments on the subject application, which comments are hereby incorporated herein FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CONDITIONAL USE PERMIT - A'a, LLC • as if set forth in full. Its comments included special recommendations to the Idaho Transportation Department concerning this application, which included .the following: a. Driveways on Eagle Road should be prohibited within 440 feet of Franklin. Road. A driveway on Eagle Road located a minimum of 440 feet from Franklin Road may be restricted to right turns in the future if the interchange is constructed at -the Franklin/Eagle Road intersection. The Applicant only has 400 feet of frontage on Eagle Road; therefore, the Applicant should not have any direct lot access to Eagle Road; and b. The Applicant should be required to construct a five feet wide concrete sidewalk on Eagle Road abutting the parcel, approximately 400 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first. The Ada County Highway District's comments included, but not limited to, the. following site specific requirements: a. The Applicant dedicate 54 feet of right-of-way from the centerline of Franklin Road abutting the property by means of a recordation of a final subdivision plat or execution of a warranty deed prior to.issuance of a building permit or other required permits, whichever occurs first. The owner will be compensated for this .additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188; b. The Applicant is to comply with the requirements of the Idaho Transportation Department for State Highway 55 (Eagle Road) frontage. The Applicant is to submit a letter from the Idaho Transportation Department regarding said requirements prior to District approval of the final plat or issuance of a building permit or other required permits, whichever occurs first; c. The Applicant is to construct a driveway on Franklin Road, located approximately 440 feet west of the Franklin Road/Eagle Road intersection. This driveway may be restricted to right turns only due to the construction of an interchange. The driveway's entrance off of Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CONDITIONAL USE PERMIT - A'a, LLC • Road shall be designed with 20 feet of pavement on either side of a center median. The median shall be constructed a minimum of four feet wide to a total 100 square feet area, and located outside the right-of-way of Franklin Road; d. The Applicant is to construct a five feet wide concrete sidewalk on Franklin Road abutting the property, approximately 550 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first. The Applicant is to coordinate the need for and location of an easement with District staff; and e. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 7. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments which comments are incorporated herein as if set forth in full. Their general and site specific comments included the following. GENERAL COMMENTS: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant will need to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. CONDITIONAL USE PERMIT - A'a, LLC • d. The Applicant will need to secure a surety for any uncompleted improvements prior to temporary Certificate of Occupancy being issued; e. The Applicant will need to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans; f. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; g. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior to their construction; h. Screened trash enclosures are to be provided in accordance with City ordinances. The Applicant will need to coordinate dumpster site locations with the City's solid, waste contractor. The Applicant will need to locate dumpsters so as not to impede fire access. No trash enclosure is shown on the plan; and i. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada. County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off- street parking areas. All site drainage shall be contained and disposed of on-site. SITE SPECIFIC COMMENTS: a. The legal description submitted for annexation and zoning appears to meet the minimum requirements of the City of Meridian and the Idaho State Tax Commission; b. Sanitary sewer to this site will be via an extension from the sewer main installed in Magic View Drive. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by the proposed development. The designer is to coordinate main sizing and routing with the Meridian Public Works Department; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CONDITIONAL USE PERMIT - A'a, LLC • c. Water service for this development shall be off an extension of an existing 12 inch diameter main in Franklin Road. The developer shall be responsible to extend the 12 inch diameter main in Franklin Road the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's compute model. The designer is to coordinate sizing and routing with the Meridian Public Works Department. The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; d. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties as determined by the City of Meridian; e. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt is required by City ordinance. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35 feet landscape setback is required on Eagle Road beyond the right-of-way. As the site is severely impacted by the additional right-of-way on Franklin Road, the 20 feet landscape buffer shown should be sufficient. The Applicant can obtain a license agreement with Ada County Highway District to allow some limited landscaping in this area until the right-of-way is needed for roadway construction; f. Building setbacks in the (L-O) Limited Office District zone are 30 feet from the front and 25 feet on street sides. A variance would be needed to allow a reduction in the front setback under the proposed site plan. With the high-quality building proposed, the building itself would be an asset that would be better presented without a parking lot in front of it; g. A pressurized irrigation system utilizing surface irrigation water shall be .required within this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; h. The project proposes a two-story structure which would be adjacent to residential backyard areas. Special design considerations need to be incorporated to ensure FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CONDITIONAL USE PERMIT - A'a, LLC • privacy is achieved. With the daytime office use, this should not be particularly intrusive. Retail use will not be permitted. A minimum 20 feet wide planting strip is required adjacent to residential properties per City ordinance. As the landscaping plan shows trees planted directly over the ditch which is to be tiled, the City will need verification from the Nampa & Meridian Irrigation District that the landscaping plan shown can be accomplished. A masonry fence or other suitable barrier may need to be .provided in addition to landscaping proposed; i. The Applicant is to provide pedestrian walkways adjacent to Franklin Road and Eagle Road in accordance with City ordinance and Ada County Highway District requirements; j. The Applicant is to provide evidence by recorded warranty deed that needed right-of-way has been dedicated prior to obtaining building permits. The Applicant is to provide letters of approval from the Ada County Highway District and the Idaho Transportation Department for roadway accesses prior to obtaining building permits; k. Significant changes from the site plan approved in this conditional use permit process, as determined by the Planning and Zoning Administrator, will require re- noticing and rehearing before the Planning and Zoning Commission and the Council; and 1. The site plan needs to be corrected to show the Franklin Road centerline instead of the Eagle Road centerline. 8. The Applicant responded in writing to the general and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator, which responses are incorporated herein as if set forth in full. 9. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 10. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that all codes, and all systems for firewater FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CONDITIONAL USE PERMIT - A'a, LLC ! • flows, fire hydrants and fire sprinklers will have to be met. It submitted, from the 1994 Uniform Fire Code, the fire-flow requirements for buildings and ,commented that if the City of Meridian cannot supply the required water flows in the area of this property, a fire sprinkler system will have to be installed. 11. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that it will require more data concerning the soil conditions on this proposal before it can comment; that before it can comment concerning individual sewage disposal, it will require more data concerning the depth of the high seasonal ground water; that street runoff is not to create a mosquito breeding problem; that it recommends run-off flow into grassy swales before discharging to the subsurface; and that a nutrient pathogen study may be required, if on-site subsurface sewage disposal is proposed. 12. The Nampa & Meridian Irrigation District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 13. The Applicant's representative testified substantially as follows. The primary purpose is the construction of three professional office buildings. The proposed project meets with the City's Comprehensive Plan for the general area in which the property is located to be rezoned to commercial and mixed use. The Applicant has received the City's requirements for the annexation and zoning, and for the issuance of a conditional use permit, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CONDITIONAL USE PERMIT - A'a, LLC • which it is in concurrence. It has responded to said requirements of the City in writing by a letter to the City. The Applicant feels that this project would be an excellent use for the property compared to other possible uses for the commercial and mixed use zone. The plan is to have a very high .quality construction of the buildings. The proposed construction and development is a split face masonry building with glass block and tinted glass on the exterior with an extensive amount of landscaping. The landscaping is to help both screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and blend into the existing terrain. The building in the northeast corner of the property is planned as two stories above ground to hide some of the parking. Some of the parking will be underneath the main building. There will be elevators in the corners of the parking area, as well as, enclosures for trash containers. The two lower buildings will be two stories each with a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are planned in the berms in the area adjacent to the roadways. With regard to the City's landscaping requirements, the Applicant proposes 20 feet landscaping buffer along Franklin Road due to the Ada County Highway District's request for right-of-way. Along Eagle Road there will be a 35 feet landscaping buffer. The Ada County Highway District has not resolved whether it will require 100 feet or 54 feet of right-of-way along Franklin Road. With FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CONDITIONAL USE PERMIT - A'a, LLC • respect to the requirements of the Ada County Highway District, the Applicant wanted 54 feet to avoid impacts upon the zoning of the property as Limited Office District and the setback requirements from Franklin Road. In the event the right-of-way is 100 feet, the Applicant would seek a 20 feet setback from Franklin Road, which would require a variance from the required 30 feet setback. The Applicant has plans for extending the City's utilities, and it has spoken with the Public Works Department. There is a plan to extend sewer along Eagle Road from Magic View Drive. The Applicant has conducted some surveying in the area and found it can service most, if not all, of the houses which abut Springwood and Autumn Drives. The water line will be extended from the existing main that is in Eagle Road and stubbed across to Franklin Road. The water line will be stubbed along the entire frontage to the west of the property boundary. The Applicant held a neighborhood meeting to discuss any of the neighbors' concerns with the proposed project. Most of the neighbors whose homes abut the proposed project were in attendance. The discussions focused primarily upon landscaping issues, the privacy issues and views of the Boise front. The Applicant believes the proposed project fits with the City's Comprehensive Plan, and that it can meet the conditions set forth in the general and specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator. 14. Commissioner MacCoy commented that he commends the designer or architect of the buildings. The proposed buildings are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CONDITIONAL USE PERMIT - A'a, LLC • • pleasing to the eye and the layout appears feasible. The project would be a nice addition to the City. 15. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. The proposed buildings are designed to accommodate the disabled. Inside the main building in the corners, there will be two elevators to serve the parking area and each level of the building. A connecting pathway will be constructed to connect the two other buildings with the main building. The plan provides handicap parking in the lower parking area to allow handicapped individuals access to the elevators and access to the buildings. With regard to lighting the property, the plans provide lighting at the southwestern boundary. The lighting will be directed towards the buildings and parking areas to decrease the impact from lights on adjacent residential properties. Provisions exist for bicycle and pedestrian access around the property. 16. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. With regard to the submitted comments, the only matter which needs to be resolved is the Ada County Highway District's right-of-way requirements along Franklin Road. The District appears not ready to commit to the 100 feet of right-of-way, and will probably require 54 feet of right-of-way. The additional space available due to the 54 feet of right-of-way will provide a little room to space the site slightly more; however, the general concept would remain the same. The request for a variance on the setback is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CONDITIONAL USE PERMIT - A'a, LLC • dependent upon the Ada .County Highway District asking for 100 feet of right-of-way. 17. In response to further questions of Commissioner Borup, the Applicant's representative stated substantially as follows. With regard to the neighborhood meeting the Applicant held, they have spoken with the neighbors and, on the evening of this public hearing, the property owner living at the most westerly side. The Applicant will survey the rear areas of the neighbors' homes, and, based on the locations of their buildings, it will try to provide landscaping that will screen the neighbors from lights from the road. However, based upon the concept of professional office buildings, it expects primarily day use. The type of tenants which the proposed project may attract are professionals, such as doctors working in conjunction with St. Lukes. It does not expect the proposed project to create any significant night time activity. At the same time, the Applicant will attempt to provide the neighbors some privacy and somewhat maintain their views of the Boise front. Some of the neighbors requested that the Applicant not place large trees in the line of view of Bogus Basin or the foothills. The Applicant make a sincere effort to make the landscaping and project work for the neighbors. The Applicant plans to the the ditch coursing through the property. The planting of trees over the tiled ditch has been an expressed concern of the City's staff. The Applicant will submit its plans for tiling the ditch to the Nampa & Meridian Irrigation District and meet any requirements it has. There exists a decent landscape strip between the parking area and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. CONDITIONAL USE PERMIT - A'a, LLC • • the location of the ditch. The Applicant believes it has enough room to both perform some good landscaping and meet the. requirements of the irrigation district. The ditch is entirely within the property's boundary. The Applicant does not think a privacy wall between the buildings and the neighbors to the south would work very well due to the topography on the property. A six to eight foot wall would .probably be relatively ineffective from screening the neighbors' view of the back of the buildings because of the houses are built on the hillside. The Applicant plans to provide the screening through landscaping. It is also considering some type of fence to provide some partition or separation between the residential area and the property. 18. James Haskin testified at the public hearing questioning what requirements may be imposed upon him to connect to the City's sewer and water system. 19. Sherri Holloway testified substantially as follows. Her concern, which she discussed with the Applicant's representative, is the right-of-way requirement of the Ada County Highway District. If the District requires 100 feet of right-of-way, the landscaping will move further toward her property. If the District does not require the 100 feet of right-of-way, she desires the Applicant design the landscaping so as to block her view of the traffic into the property. 20. There were no other comments by the public regarding this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. CONDITIONAL USE PERMIT - A'a, LLC • • CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of ,Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. CONDITIONAL USE PERMIT - A'a, LLC • Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The ,Planning and Zoning Commission judges this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the. Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418(C) of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits., Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the conditions for the annexation of the property a conditional use permit would be required; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth. herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 15. CONDITIONAL USE PERMIT - A'a, LLC • development will have vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public streets; e . The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use;. f. The use would not create excessive additional requirements at public cost for public facilities and services and .the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to-wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. CONDITIONAL USE PERMIT - A'a, LLC • • c. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) Any existing irrigation/drainage ditches crossing the property to be included in this .project, shall be tiled per City Ordinance 11-9-605 M. Plans shall be approved. by the appropriate irrigation/ drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department; (2) Any existing domestic wells. and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation; (3) The Applicant shall determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; (4) The Applicant shall secure a surety for any uncompleted improvements prior to temporary Certificate of Occupancy being issued; (5) The Applicant shall coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans; (6) Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; (7) All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs shall not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior to their construction; (8) Screened trash enclosures are to be provided in accordance with City ordinances. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor. The Applicant shall locate dumpsters so as not to impede fire access; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. CONDITIONAL USE PERMIT - A'a, LLC • • (9) All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable; (10) A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site; (11) Sanitary sewer to this site shall be through an extension from the sewer main installed in Magic View Drive. Approval of this application shall be contingent upon the City of Meridian's ability to accept the additional sanitary sewage generated by the proposed development. The designer is to coordinate main sizing and routing with the Meridian Public Works Department; (12) Water service for this development shall be off an extension of an existing 12 inch diameter main in Franklin Road. The developer shall be responsible to extend the 12 inch diameter main in Franklin Road the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by the City of Meridian's computer model. The designer is to coordinate sizing and routing with the Meridian Public Works Department; (13) The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; (14) The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential-properties as determined by the City of Meridian; (15) All' landscaping shall meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt shall be required. Detailed landscape plans shall be submitted for review during the building permit approval process; FINDINGS OF-FACT AND CONCLUSIONS OF LAW - Page 18. CONDITIONAL USE PERMIT - A'a, LLC (16) A minimum 35 feet landscape setback is required on Eagle Road beyond the right-of-way; (17) As the property site is severely impacted by the additional right-of-way on Franklin Road, the landscape buffer on Franklin Road shall be determined and approved by City staff; (18) Building setbacks in the (L-O) Limited Office District zone are 30 feet from the front and 25 feet on street sides. A variance shall be required to allow a reduction in the front setback; (19) A pressurized irrigation system utilizing surface irrigation water is required within this development. Any. proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed shall be reviewed closely due to the size of the area to be watered; (20) As the project proposes two-story structures adjacent to residential backyard areas, special design considerations shall be incorporated to ensure privacy for the residential area is achieved; (21) Retail use shall not be permitted; (22) A minimum 20 feet wide planting strip shall be required adjacent to residential properties per City ordinance; (23) As the landscaping plan shows trees planted directly over the ditch which is to be tiled, the Applicant shall submit written verification from the Nampa & Meridian Irrigation District that the proposed landscaping plan is acceptable; (24) Unless otherwise permitted by City staff, a masonry fence or other suitable barrier shall be provided in addition to landscaping proposed; (25) Pedestrian walkways adjacent to Franklin Road and Eagle Road shall be required in accordance with City ordinance and Ada County Highway District requirements; (26) Evidence by recorded warranty deed shall be provided to show that needed right-of-way has been dedicated prior to obtaining building permits; FINDINGS OF FACT AND CONCLUSIONS OF LAW -.Page 19. CONDITIONAL USE PERMIT - A'a, LLC (27) Letters of approval from the Ada County Highway District and the Idaho Transportation Department shall be provided for roadway accesses prior to obtaining building permits; and (28) Significant changes from the site plan presented for this conditional use permit, as determined by the Planning and Zoning Administrator, shall require re-noticing and rehearing before the Planning and Zoning Commission and the Council. d. The Applicant shall meet and comply with the comments, recommendations and requirements of the Meridian Police Department; e. The Applicant must meet and comply with the comments, recommendations and requirements of 'the Meridian Fire Department, which include, but are not limited to the following: (1) All codes shall be met; (2) All requirements of systems for firewater flows, fire hydrants and fire sprinklers shall be met; and (3) If fire-flow requirements for buildings, as provided in the 1994 Uniform Fire Code, cannot supply the required water flows for this property, a fire sprinkler system shall be installed. f. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which include, but are not limited to the following: (1) The Applicant .shall dedicate 54 feet of right-of- way from the centerline of Franklin Road abutting the property by means of a recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit or other required permits, whichever occurs first; (2) The Applicant shall comply with the requirements of the Idaho Transportation Department for State Highway 55 (Eagle Road) frontage; (3) The Applicant shall submit a letter from the Idaho Transportation Department regarding its requirements prior to District approval of the final plat, issuance of a building permit or other required permits, whichever occurs first; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. CONDITIONAL USE PERMIT - A'a, LLC • (4) The Applicant shall construct a driveway on Franklin Road, located approximately 440 feet west of the Franklin Road/Eagle Road intersection; (5) The driveway's entrance off of Franklin Road shall be designed with 20 feet of pavement on either side of a center median. The median shall be constructed a minimum of four feet wide to a total 100 square feet area, and located outside the right-of-way of Franklin-Road; (6) The Applicant shall construct a five feet wide concrete sidewalk on Franklin Road abutting the property, approximately .550 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first; (7) The Applicant shall coordinate the need for and location of easement(s) with District staff; and (8) Other than the access point(s) specifically approved by Ada County Highway District, direct lot or parcel access to Franklin Road shall be prohibited. g. The Applicant must meet and comply with the comments, recommendations and requirements of the Central District Health Department; h. The Applicant must meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District; and i. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 21. CONDITIONAL USE PERMIT - A'a, LLC APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these .Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~a 4~ DECISION AND RECOMMENDATION . --- - - The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. FINDINGS OF FACT AND NCLUSIONS OF LAW - Page 22. CONDITIONAL USE PERMIT - A'a, LLC MOTION: Y~ APPROVED DISAPPROVED: ~ '. HUB OF TREASURE VALLEY t WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C L E G ENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX' (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Departrnent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor March 6, 1997 TO: Planning & Zoning Commission, Mayor and Council FROM: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator SUBJECT: Request for Annexation and Zoning to L-O with a Conditional Use Permit for a Professional Office Building by A'a LLC (Roger Smith) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process. 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Surety will be secured for any uncompleted improvements prior to temporary Certificate of Occupancy being issued. 5. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department polices. Fire hydrant locations shall be depicted on development plans. 6. Handicap parking, associated signage and building constn>tction shall meet the requirements of the Americans with Disabilities Act. 7. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and C:\UFFiCE\WP W[N\W pDUCS\AgLLCgNX,CtJp • • P&Z Cornrnission/Mayor & Council March 6, 1997 Page 2 approval of the Planning & Zoning Department. Sign permits are to be obtained prior to their construction. 8. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid.waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. No trash enclosure is shown on the plan. 9. All driveway and pazking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, pazking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on~site. 10. Respond, in writing, to each of the comments contained in this memorandum, both General and Site Specific, and submit to the City Clerk's Oftice prior to the scheduled hearing. The legal description submitted for annexation and zoning appeazs to meet the minimum requirements of the City of Meridian and the Idaho State Tax Commission. 2. Sanitary sewer service to this site will be via an extension from the sewer main installed in Magic View Drive. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. 3. Water service for this development shall be off of an extension of an existing 12-inch diameter main iri Franklin Road. Developer shall be responsible to extend the 12-inch diameter main in Franklin Road for the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. The subdivision designer is to coordinate sizing and routing with the Meridian Public Works Department. The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance. 4. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian. C:\OFFICE1WpW W\WppOCS{gAI,LCpNX.CUP • • P&Z Commission/Mayor & Council March 6, 1997 Page 3 5. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. Underground sprinkling and a minimum of one (1) three-inch (3 ") caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35-foot landscape setback is required on Eagle Road beyond required right-of--way. As the site is severely impacted by the additional right-of--way on Franklin Road, the 20-foot landscape buffer shown should be sufficient. The Applicant can obtain a license agreement with Ada County Highway District to allow some limited landscaping in this area until the right-of- way is needed for roadway construction. 6. Building setbacks in the L-O zone are 30 feet from the front and 25 feet on street sides. A variance would be needed to allow a reduction in the front setback under the proposed site plan. With the high-quality building proposed, the building itself would be an asset that would be better presented without a parking lot in front of it. 7. A pressurized irrigation system utilizing surface irrigation water shall be required within this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. 8. The project proposes two-story structures which would be adjacent to residential backyard areas. Special design considerations need to be incorporated to ensure privacy is achieved. With the daytime office use, this should not be particularly intrusive. Retail use will not be permitted. A minimum 20-foot-wide planting strip is required adjacent to residential properties per City Ordinance. As the landscaping plan shows trees planted directly over the ditch which is to be tiled, the City will need verification from Nampa- Meridian Irrigation District that the landscaping plan shown can be accomplished. A masonry fence or other suitable barrier may need to be provided in addition to landscaping proposed. 9. Provide pedestrian walkways adjacent to Franklin Road and Eagle Road in accordance with City Ordinance and Ada County Highway District requirements. 10. Applicant is to provide evidence (recorded warranty deed) that needed right-of--way has been dedicated prior to obtaining building permits. Provide letters of approval from Ada County Highway District and the Idaho Transportation Department for roadway accesses prior to obtaining building permits. 11. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning & Zoning Administrator, will require re-noticing. and rehearing before the Planning & Zoning Commission and Council. C:~OFFICE~WP WlMglpDpCg41AI,LCANXCUP • • P&Z Commission/Mayor & Council March 6, 1997 Page 4 12. The site plan need to be corrected to show the Franklin Road centerline instead of Eagle Road. 13. A development agreement is required as a condition of annexation and zoning. C:\OFFICE\W P W Q9\ W PDOC S~AALLCANX CUP MERIDIAN CITY COUNCIL MEETING: Mav 6 1997 APPLICANT: A'a LLC ITEM NUMBER; 7 REQUEST• PUBL~ HEARWG' REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS GA ENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS MINUTES FROM 3-11-97 P ~ Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~ ~~~ 41~~ ~f~~ J OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: Mav 20.1997 APPLICANT: ITEM NUMBER; 8 REQUEST:REQUEST FOR A CUP FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ' V MERIDIAN SCHOOL DISTRICT: ^ Q MERIDIAN POST OFFICE: I ~ U~" ~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~ ~ .~ ~v CENTRAL DISTRICT HEALTH: ~~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ~/ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ day of ~ ~ 199 . ~' ~ ~ ~ COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUI~;CILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) VOTED ~~ ~ VOTED ~ -~(/~ VOTED VOTED ~~' l~- VOTED (INITIAL) APPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - C/~~