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HomeMy WebLinkAboutFindings May 14, 2001 CUP O1-015 MERIDIAN PLANNING 8~ ZONING MEETING May 17, 2001 APPLICANT L.C. Development, InC. ITEM NO. 1 L REQUEST Public Hearing -- Conditional Use Permit for a Planned Unit Development for mixed use residential/Commercial in Rl and RUT zones for proposed Baltic Place Subdivision -Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: Cfi~~ Iv ~_~ el OTHER: See attached letter of deferral and proof of posting from Hubble Engineering Contacted: ~I In f~j~'1(..P1 Date: Phone: - ~~~ -~°1 ~t ~ No comment COMMENTS See attached comments No comment No comment See attached comments See attached comments See attached comments Materials presentetl at public meetings shrill become property of the City of Meridian. June 4, 2001 CUP 01-015 MERIDIAN PLANNING & ZONING MEETING June 7, 2001 APPLICANT L.C. Development, InC. ITEM NO. REQUEST Continued Public Hearing from May 17, 2001 -Conditional Use Permit for a Planned Unit Development for mixed use residential/Commercial in R1 dnd RUT zones for proposed Baltic Place Subdivision -Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY 5EWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See previous Item Packet P~yl o~,~ ~~ 2ii ~ ~~~}~~ K OTHER: Contacted: ~ (~] (~{-~ ~'1u~1~~ Date: (~ y. p ~ Phone: 32,2- $99 2 Matertah presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Cotrie CfIY COUNC[L MEMBERS Ron Andeson Keith Bird Tammy deWeezd Cherie McCandless MEMORANDUM: 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (2D8) 887-4813 City Qedc Office Faz (208) 888-4218 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer ~~ David McKinnon, Planner Re: Baltic Place Subdivision ~In~nni ~q ~ Zon>~ `J ~t~lne 21 ~ 2001 ~le.-Y,S N0. ~ ,~, $ June 18, 2001 Request for Annexation and Zoning of 12.71 Acres from R-1 and RUT (County) to C-G and R-40 by L.C. Development, Inc. (File AZ-01-008) Request for Preliminary Plat Approval of 12.71 Acres with 9 Commercial Building Lots, 1 Residential Building Lot, and 4 Other Non-building Lots by L.C. Development, Inc. (File PP-Ol -009) Request for a Conditional Use Permit for a P.U.D. Consisting of a 228-unit Apartment Complex with Clubhouse and Pool and 9 Office/Retail Buildings by L.C. Development, Inc. (File CUP-Ol -Ol ~ We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY There are three separate applications covered in this report, each addressed separately after the summary. The first of the applications is the request to annex 12.71 acres of land with zoning designations of C-G and R-40 to allow commercial development and a 228-unit apartment complex. The second application is a request for approval of a Preliminary Plat that would subdivide the property into 9 commercial building lots, 4 common lots, 1 residential apartment lot (R-40) and to allow the dedication ofright-of--way. The final application is a request for approval of a Conditional Use Permit for a Planned Development. The Comprehensive Plan Land Use Map delineates the subject property as being within the Mixed/Planned Use Development area. Ordinance 11-7-2.Q requires that properties that lie within the Mixed/Planned Development review area shall be planned and approved as a Conditional Use Permit for a Planned Development. Additionally, all developments that have HUB OF ZRE:4SLIRE YALI.EI' A Good Place to live CITY OF MERIDIAN s.n~ r~azrr.cur.a~ az-o~me. cur-o--aou.rr-oi.ao9 Planning & Zoning Commis~i/Mayor & City Council June 18, 2001 Page 2 more than one principal building on a single lot (e.g., 19 apartment buildings and a clubhouse on one lot) aze required to be developed as a Planned Development. LOCATION The subject pazcels aze located between the Meridian Cemetery and Medimont Industrial Pazk on Franklin Road approximately 1400-feet west of the intersection of Franklin and Locust Grove. SURROUNDING PROPERTIES The following aze uses that surround the subject parcel(s): North -Meridian Industrial and Business Pazk, zoned I-L. South - A narrow strip of undeveloped land zoned RUT (County), appazently owned by the Meridian Cemetery District; further south, there are a large number of pazcels, mostly undeveloped, zoned C-G. East -Medimont Industrial Pazk, zoned I-L. West -The Meridian Cemetery, zoned RUT (county) ANNEXATION & ZONING GENERAL COMMENTS 1. The legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission and place the parcels contiguous to existing city limits. 2. The requested zones of R-40 and C-G aze compatible with the Comprehensive Plan Land Use Map designation ofMixed/Planned Use Development. 3. All of the subject property is within the Urbaa Service Planning Area. 4. Essential City services will be available to all subject pazcels. ANNEXATION SITE SPECIFIC REQUIRMENTS 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. e~~ r~.az.rr.cur.ao~ ~z-memos, cc~-0~-0is, rr-0imv Planning & Zoning Commisayor & City Council June 18, 2001 Page 3 3. A development agreement shall be required as a condition of annexation. Office and retail shall be the only uses permitted in the C-G zone without further. approval through the conditional use process. ANNEXATION & ZONING STANDARD REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the pazcel shall be tiled per City Ordinance 12-4-13. 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 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 4. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking azeas. All site drainage shall be contained and disposed of on-site. 6. Off-street pazking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 7. All signage shall be in accordance with the standazds set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. Annexation Recommendation Staff supports the annexation and zoning request, with the aforementioned requirements. Balt~ Plsce.AZ.PP.CUP.doc ATr01-0OB, Cl1P-01-01 S, PP-01-009 Planning & Zoning Commis~/Mayor & City Council June 18, 200 i Page 4 PRELIMINARY PLAT REQUIREMENTS Site Specific Underground, yeaz-round pressurized irrigation must be provided to all landscape azeas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondazy source, developer shall be responsible to pay water assessments for the entire common open azea. 1. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All fencing located adjacent to the Hunter Lateral shall be built on the easement line unless an encroachment easement has been secured from the NMID. All required fencing is to be in place prior to issuance of building permits. A letter of credit, cash, or bond equaling 110% of the lowest bid for the fencing shall be submitted to the City prior to signature on the final plat. 2. Submit detailed landscaping plans, in accordance with the adopted Landscape Ordinance, for review and approval with submittal of the Final Plat. A letter of credit, cash or bond in the amount of 110% of the lowest bid for the landscaping and irrigation system shall be given to the City prior to signature on the Final Plat. General 1. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 4. Water service to this site is being proposed from extensions of existing mains. Applicant will be responsible to construct the water mains to and through this proposed development.. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 5. The developer shall be responsible for the payment of sewer and water assessment fees. Bakie Plaoe.AZ.PP.CUP.doc pZ-01-008, Cl1P-01-0I5, PP-01-009 Planning & Zoning Commis~YMayor & City Council June 18, 2001 Page 5 6. Underground pressurized irrigation must be provided to all landscape areas on site. The Preliminary Plat indicates that the irrigation system is to be owned and operated by the Nampa-Meridian Irrigation District. 7. Please submit any updated soils/groundwater monitoring data collected since the initial investigation date. Recommendation Staff recommends approval of the preliminary plat with the conditions listed above. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location (11-17-3): A. Will in fact constitute a conditional use as determined by City policy; The subject property is located in a Mixed Use Review Area (MUR) as delineated on the Comprehensive Plan's Land Use Map and is therefore required to be developed as a conditional use (11-7-2.Q.). B. Will be harmonious with and in accordance with the Comprehensive Plan and this Title; The current Comprehensive Plan Land Use Map designates the property as Mixed Planned Development which would require the property to be developed with a Conditional Use Permit. Staff finds that the requested use is harmonious with and is in accordance with the adopted Comprehensive Plan. The requested uses and submitted site plan are not in direct conformance with the Zoning Guidelines. The Applicant has requested two waivers to the Zoning Ordinance. The first requested waiver is to reduce the required setback in a C-G zone from 15' to 5' for all 9 of the commercial building lots. The reason for this request is that all of the buildings, with one exception, "front" onto common parking lots and not public right of way or adjacent property owned by another party. Staff finds that this request is not unreasonable and is harmonious with the intent of Section 11-9-1 of the Meridian City Code The second requested waiver from the Zoning Ordinance is to reduce the required landscape buffer along the Cemetery (to the west) and Medimont Subdivision (to the east) to only five feet, in order to accommodate the placement of garages. The Landscape Ordinance requires a 20-foot landscape buffer between cemeteries and multiple family Ba@ic PIax.AZPP.CUP.doc AZ-01-008, CUP-01-0-S, PP-01-009 Planning & Zoning Commis!ayor & City Council June 18, 2001 Page 6 dwellings. Likewise, a 20-foot landscape buffer is required between multi-family dwellings and warehouse or indoor manufacturing. Staff supports this waiver based on the fact that the garages will provide a visual buffer, as well as a noise buffer, that will benefit both of the neighboring uses, as well as the residents of the apartments. Pazking for the 9 commercial buildings is sufficient for the types of uses requested (office and retail). Office parking requirements aze 1 pazking space for each 400 squaze feet of gross azea of the office building and retail pazking is determined as 1 space for each 200 squaze feet of gross floor area. The applicant is proposing a total of 31,500 squaze feet of new office/retail building and is indicating 134 pazking spaces dedicated to office and retail use. If you take 31,500 square feet and divide it by 134 you can determine that the applicant has provided approximately 1 parking space for every 235 square-feet of gross floor azea. A119 of the proposed buildings cannot be used for retail uses; however, the applicant has provided enough parking for a mix of office and retail uses. Throughout the development there aze more than 12 parking stalls linearly arranged without a landscaping island as required by the Landscape Ordinance. Afive-foot-wide (min.), 50-squaze-foot (min.) landscape island is required between every 12 parking spaces. Lot 3, Block 1, does not have the minimum ten foot-wide landscape buffer along the local street as required by the adopted Landscape Ordinance. All of the items listed above will be addressed in the Conditions of Approval below. C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the ezisting or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development will not change the essential character of the general vicinity (mixed-use) and will be harmonious with the intended chazacter of the same azea. D. Will not be hazardous or disturbing to ezisting or future neighboring uses; Staff finds that the proposed development will not be disturbing to the neighboring uses such as the Meridian Cemetery or the Medimont Industrial Park, based on the screening and landscaping that has been proposed by the applicant. Staff finds that the proposed development does not meet the minimum landscape buffer requirements between land uses along the western boundary of Lots 1, 2, 4, and 6 of Block 1. The Landscape Ordinance requires that there be a 20-foot landscape buffer a~~ rma.azrr.cur.a« az~o~~aae, cur-0~-ois, rP-oi~oo9 Planning & Zoning Commiayor & City Council June 18, 2001 Page 7 between a single family residence and property zoned C-G. The objective of the buffer is to lessen the impact of more intense uses located adjacent to less intense uses. The applicant has proposed aten-foot buffer between the single-family home and undeveloped R-6 (County) zoned property based on the fact that the home is not being utilized as a typical residential home. The existing home is being utilized as a group foster home, otherwise known as a transitional treatment center, for juveniles who are on probation. Up to 10 juveniles, ages 13-17, are allowed to be housed in the home along with the house staff. Based on these findings, staff is in support of allowing a reduced setback, should the applicant make a request of the Commission and Council to reduce the setback mandated by the Landscape Ordinance. E. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; Staff finds that the proposed development should be adequately served by the essential public facilities and services listed above. F. 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; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create excessive requirements for any new facilities or services to be paid for by the public. G. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that no excessive traffic, noise, smoke, fiunes, glare or odors will result from the proposed use. H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. There will be a large number of new vehicle trips generated by this development and this will result in more delays, but it will not interrupt the ability to travel along the public streets. Baltic Pleca.AZ.PP.CUP.doc AZ-01-008, CUP-01-015, PP-01-009 Planning & Zoning Commis~ayor & City Council June 18, 2001 Page a I. Will not result in the destruction , loss or damage of a natural or scenic feature of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use, provided the Hunter Lateral is not damaged or disrupted. SITE SPECIFIC REQUIREMENTS FOR CONDITIONAL USE PERMIT 1. Landscaping shall be installed per the approved landscaping plan (to be approved by staff prior to approval of the Final Plat). 2. The monument sign dimensions as drawn on the submitted site plan conform with the sign ordinance. A separate sign permit shall be required prior to construction of the signs. 3. All commercial buildings within the subdivision shall participate in a Planned Sign Program, implemented in accordance with Ordinance 11-14-9.E. A separate Planned Sign Program application and permit shall be required. 4. The commercial pazking lots shall be used only for short-term pazking for patrons of the commercial establishment, and not for overnight use. 5. Applicant shall specifically state hours of operation for all uses within the commercial development during the public hearing. 6. Per Ordinance 12-13-7.4, the commercial building on Lot 3, Block 1 shall provide the required 10' landscape buffer along S. Baltic Place. 7. Per Ordinance 12-13-8.3.C, no lineaz group of parking exceeding 12 spaces shall be allowed without an internal planter island. 8. Six-foot-high, permanent perimeter fencing shall be required, except where the City has specifically agreed, in writing, that such fencing is not necessary. Applicant must submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. 9. According to the Landscape Ordinance, the western boundary of Lots 1, 2, 4, and 6 of Block 1 a 20-foot landscape buffer is required between the different land uses. Changes to the site plan may be made prior to the public heazing held by the City Council, or the applicant may make a request to the Commission and Council, at the public hearing, to reduce the landscape setback between different land uses. The Council and Commission may reduce the setback based on the fact that this application is a PD, which would allow a reduction in setback requirements if the Council and Commission find that it would be appropriate. Bakic Plece.AZ.PP.CUP.doe AZ.111-008, CUP-01-0I5, PP-01-009 Planning & Zoning Commis~i/Mayor & City Council June 18, 2001 Page 9 GENERAL REQUIREMENTS Off-street pazking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. 2. Paving and striping shall be in accordance with the standazds set forth in Sections 11-13- 4.D. and 11-13-4.E. of 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 of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking azeas. 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 standazds and policies. Off site disposal into a 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 regazding Shallow Injection Wells. 4. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 5. All construction shall conform to the requirements of the Americans with Disabilities Act. 6. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 7. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. Goals of the Comprehensive Plan Behic PI~e.AZ.PP.CUP.doc A7,-01-008, CUP-0l-0lS, PP-01-009 Planning & Zoning Commislyor 8t City Council June 18, 2001 Page 1D Goal 7: To provide community services to fit existing and projected needs. Economic Development Chapter 1.2 - ...set aside areas where commercial interest and activities aze to dominate. 1.4 -Positive programs should be undertaken to support existing commercial azeas to ensure their continued vitality.. . Housing Chapter 1.4 -The development of housing for all income groups close to employment and shopping centers shall be encouraged. Land Use Chapter 4.3U -Encourage new commercial development within under-utilized existing commercial areas. 4.8U -Encourage commercial uses...to locate in the Old Town district, business parks, shopping centers and neaz high-intensity activity areas, such as freeway interchanges. Community Design Chapter 2.2U -Encourage area beautification through uniform sign design that enhances the community. 4.4U -Encourage landscaped setbacks for new development. RECOMMENDATION Staffrecommends approval of the Annexation and Zoning, Preliminary Plat and Conditional Use Permit requests with the attached conditions and requirements. Baki¢ Place.AZPP.CUP.doc AZ-01-008, C[JP-01-015, PP-0(-009 • WHITE PETERSON WI-iIT>, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN S. DA1fU3 CHRISTOPFISR S. NYH JULiE KI.Etcr F13ct~It PtmtP A. PBTERSOx WM. F. GI()RAY, IE ERIC S. ROS3MAN D. SAMOSt Jol~rsox Tonn A. RossMnx Jltt S. JoRx>ES DAVtD M. SwARTLEY LARRY n. ~IOOxE TauRENCE R. W[nTE•• WE.tIAbI A. MoRROw xlcxorns t. woLI.EN WE.ttAivl F. NICHOLS• 'Also admitted in OR •' Also admitted in WA ATTORNEYS AT LAW NAMPA OFFICE 5700 E. axnlalainr xn., sTE. 200 ~NA}vIPA, IDAHO 83687-8402 TEL. 208)466-9272 FAX (~08) 466-0405 To: Staff A pplicant A~fected Property Owner(s) Re: Application Case No. 200 EAST CARLTON AvE., SUTTE 31 POST OFFICE BOX1150 MERIDIAN, IDAHO 83680-1 1 50 Tffi, (208) 288-2499 FAx (208) 288.2501 E-MA¢.: ®wrriaa.cot,~ July 2, 2001 CUP-01-015 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED J ~ ~ - 5 ~00~ CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Adrrunistrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findinggs and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefullyy complete (be sure it is le ible) the- Position Statement if you disa ree with the Findings and~Recommendations of the Plan>rung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Cleric prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (S) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ~ity Attorney. If you are a part of a group, it is stropgly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. V ry truly yours, 2~ Ci Attorne~Offi tY Y ~~ • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR MIXED USE RESIDENTIA/COMMERCIAL IN Rl AND RUT ZONES Case No. CUP-01-015 RECOMMENDATION TO CITY COUNCIL L.C. DEVELOPMENT, INC. Applicant 1. The property is located at Franklin Road west of Locust Grove Road, Meridian, Idaho. 2. The owner of record of the subject property is Centers Construction of Meridian. 3. Applicant is L.C. Development of Meridian. 4. The subject property is currently zoned R-1/RUT. There is however an application before the City Council for annexation and zoning of C-G/R-40. The zoning district of C-G/R-40 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for a planned unit development for mixed use residentialkommercial. The C-G/R-40 RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -PLANNED UNIT DEVELOPMENT BALTIC PLACE - L.C. DEVELOPMENT, INC. • zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the planning and zoning and engineering staff as follows: 1. Landscaping shall be installed per the approved landscaping plan (to be approved by staff prior to approval of the Final Plat). 2. The monument sign dimensions as drawn on the submitted site plan conform with the sign ordinance. A separate sign permit shall be required prior to construction of the signs. 3. All commercial buildings within the subdivision shall participate in a Planned Sign Program, implemented in accordance with Ordinance 11- 14-9.E. Aseparate Planned Sign Program application and permit shall be required. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -PLANNED UNIT DEVELOPMENT BALTIC PLACE - L.C. DEVELOPMENT, INC. • 4. The commercial parking lots shall be used only for short-term parking for patrons of the commercial establishment, and not for overnight use. 5. Applicant shall specifically state hours of operation for all uses within the commercial development during the public hearing. No uses will operate for 24 hours without a conditional use permit. 6. Standards for conditional uses request waiver for setback from 15' to 5' on all 91ots on frontages that face parking lots. A 10' buffer on other sides of buildings in commercial portions. No buildings will be closer than 20 feet. 7. Per Ordinance 12-13-8.3.C, no linear group of parking exceeding 12 spaces shall be allowed without an internal planter island. The Planning and Zoning Commission further recommends granting a waiver of extension of 13 parkig places in four areas in R-40 for not planters. 8. Six-foot-high, permanent perimeter fencing shall be required, except where the City has specifically agreed, in writing, that such fencing is not necessary. Applicant must submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. The Planning and Zoning Commission recommends a waiver from the Zoning Ordinance to reduce the required landscape buffer along the Cemetery (to the west) and Medimont Subdivision (to the eat) to only five feet, in order to accommodate the placement of garages but require solid fencing. 9. According to the Landscape Ordinance, the western boundary of Lots 1, 2, 4, and 6 of Block 1 a 20-foot landscape buffer is required between the different land uses. Changes to the site plan may be made prior to the public hearing held by the City Council, or the applicant may make a request to the Commission and Council, at the public hearing, to reduce the landscape setback between different land uses. The Council and Commission may reduce the setback based on the fact that this application is a PD, which would allow a reduction in setback RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -PLANNED UNIT DEVELOPMENT BALTIC PLACE - L.C. DEVELOPMENT, INC. requirements if the Council and Commission find that it would be appropriate. The Planning and Zoning Commission further recommend a 5' buffer on frontages, 10' on other sides and 20' between buildings. The City and applicant will work together on fencing requirements. Applicant with work with the property owner to the west concerning abuffer/fence. 10. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. 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. 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 a 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. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -PLANNED UNIT DEVELOPMENT BALTIC PLACE - L.C. DEVELOPMENT, INC. Adopt the Recommendations of the Central District Health Dept as follows: 16. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 17. Run-off is not to create a mosquito breeding problem. 18. stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 19. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ey/Z:\Work\MUvleridian\Meridian 15360M\Recommendations\CUP01015Ba1ticPl.wpd RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT -PLANNED UNIT DEVELOPMENT BALTIC PLACE - L.C. DEVELOPMENT, INC. June 18, 2001 MERIDIAN PLANNING & ZONING MEETING June 21, 2001 CUP 01-015 APPLICANT L.C. Development, Inc. ITEM NO. 8 REQUEST Continued Public Hearing from June 7, 2001 -Conditional Use Permit for a Planned Unit Development for mixed use residential/Commercial in R1 and RUT zones for proposed Baltic Place Subdivision -East Franklin Road west of South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILpING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See previous I#em Packet s G~~ Y~ U~"~ ~ ~'~~' L~ I~ OTHER: Contacted: m f~ ~,,, i 1 M Date: ~~_ Phone: ~~ a - ~~ ~ Materials presented ~ pubNc meeftngs shop become properly of the City of Meridian. July 13, 2001 CUP O1-015 MERIDIAN CITY COUNCIL MEETING JUIy 17, 2001 APPLICANT L.C. Development, Ir1C. ITEM NO. 13 REQUEST Public Hearing -- Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision -- Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See P>l<Z Item Packet See attached Recommendations C~~ ~ ~~1~ dal Contacted: ~~1(~.W'? ~ ~ c ~ Date: Phone: ,~ ~ ~,~ ~~ G~ ~~_--- Materials pres~ed at public meetings shall become roperfy of the City of Meridian. RECEIVED AUG i ~ 1001 interoffice MEMORANDUM City of Meridian To: William G. Berg, Jr. From: David M. Swartle Subject: BALTIC PLACE SUBDIVISION BY: L.C. CONSTRUCTION, INC. FOR CONDITIONAL USE PERMIT IN R-40 AND C-G ZONES File No.: CUP-O1-015 Date: August 13, 2001 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and the ORDER. Please place this matter upon the Regular Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Worlc\M\Meridian\Meridian 15360M\Baltic P1aceAZA1-008 PPO1-009 CUPO1-015\C11cLtrCUPffcls&Order.doc • • August 3, X001 CUP 01-015 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2001 APPLICANT L.C. Development, InC. ITEM NO. ~p? REQUEST Continued Public Hearing from July 17, 2001 -Request for a Conditional Use Permit far a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision -Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICt: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See previous Item Packet ~~P~w ,~~ w Gyp ~~te'"7 ~~~~ k~~ ~~4x OTHER: Contacted: ~~(1j L )n N L (' k s 1 Date: Phone: ~ 3g 3$ 1 Materials preserraed at publk meetings ahaN become properly of the City of Meridian. L August 17, 2001 CUP 01-015 MERIDIAN CITY COUNCIL MEETING August 21, 2001 APPLICANT L.C. Development, Inc. ITEM NO. ~ - L REQUEST Findings -- Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision -- Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • COMMENTS See attached Findings ~1 ~'~Y ~{v r"" ~Pk. ~~~~ ~~ ~ Contacted: ~ Q ~ ~ ~)~ ~ X, ~ Date: ~ Phone: q. ~ ~ - 3g ~ "~, Materials presented of public meetings shall become property of the City of Meridian. ~ RECEIVED au~ Z s zoos i me rof ice C~ OF MERIDIAN MEMORANDUM To: William G. Berg, Jr. From: David M. Subject: Baltic Place Subdivision By: L.C. Construction, Inc. File No. CUP-Ol-015 -Revised Findings of Fact and Conclusions of Law and Order of Conditional Approval of Conditional Use Permit and Order Date: August 29, 2001 Will: Regarding the above referenced matter, please find enclosed the revised, original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF CONDITONAL USE PERMIT and Order for the upcoming Council meeting to be held on Tuesday, September 4, 2001. Please replace the old Findings that were prepared with this new set for the September 4, 2001 meeting. If you have any questions please give me a call. Z:\Worlc\M\Meridian\Meridian 15360M\13altic PlaceAZ01-008 PPO1-009 CUPO1-015\BergRevisedCLJP01-015FF.doc • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08-08-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BALTIC PLACE SUBDIVISION IN PROPOSED R-40 AND C-G ZONES, LOCATED AT FRANIQ.IN ROAD WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO L.C. CONSTRUCTION, INC. APPLICANT Case No. CUP-01-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 17, 2001 and continued until August 8, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Shawn Nickels, and appearing with comments or concerns was: Kevin Abernathy, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 • written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 17, 2001 and continued until August 8, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 17, 2001 and continued until August 8, 2001, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 ~~ • forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-40 and C-G zones and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at Franklin Road west of Locust Grove Road, Meridian, Idaho. 5. The owner of record of the subject property is Centers Construction of Meridian, Idaho. 6. Applicant is L.C. Development of Meridian, Idaho. 7. The subject property is currently zoned R-1/RUT. There is, however, an application before the City Council for annexation and zoning of C-G/R-40. The zoning district of C-G/R-40 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a planned unit development for mixed use residential commercial. The C-G/R-40 zoning designations within the City of Meridian Zoning and Development Ordinance require a conditional use permit be obtained for most uses including those requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 i ! by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Adopt the Recommendations of the planning and zoning and engineering staff as follows: 1. Landscaping shall be installed per the approved landscaping plan (to be approved by staff prior to approval of the Final Plat). 2. The monument sign dimensions as drawn on the submitted site plan conform with the sign ordinance. A separate sign permit shall be required prior to construction of the signs. 3. All commercial buildings within the subdivision shall participate in a Planned Sign Program, implemented in accordance with Ordinance 11- 14-9.E. Aseparate Planned Sign Program application and permit shall be required. 4. The commercial parking lots shall be used only for short-term parking for patrons of the commercial establishment, and not for overnight use. 5. Applicant shall specifically state hours of operation for all uses within the commercial development during the public hearing. No uses shall operate for 24 hours without a conditional use permit. 6. Per Ordinance 12-13-7,4, the commercial. building on Lot 3, Block 1 shall provide the required 10' landscape buffer along S. Baltic Place. 7. Per Ordinance 12-13-8.3.C, no linear group of parking exceeding 12 spaces shall be allowed without an internal planter island. The Planning and Zoning Commission and City Council further recommend granting a waiver to allow 13 parking spaces in four areas between planters. Commercial areas shall fully comply with the landscape ordinance. 8. Six-foot-high, permanent perimeter fencing shall be required, except where the City has specifically agreed, in writing, that such fencing is not necessary. Applicant shall submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. The Planning and Zoning Commission and City Council recommend a waiver from the Zoning Ordinance to reduce the required landscape buffer along the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 Cemetery (to the west) and Medimont Subdivision (to the east) to only five feet, in order to accommodate the placement of garages but requires solid fencing. 9. According to the Landscape Ordinance, the western boundary of Lots 1; 2, 4, and 6 of Bloclc 1 a 20-foot landscape buffer is required between the different land uses. Changes to the site plan shall be made, or the applicant may make a request to the Commission and Council, at the public hearing, to reduce the landscape setback between different land uses. The Council and Commission may reduce the setback based on the fact that this application is a PD, which would allow a reduction in setback requirements if the Council and Commission find that it would be appropriate. The Planning and Zoning Commission and City Council further recommend that the buffer be reduced to 5' adjacent to Stonebridge Subdivision, and reduced from 20' to 10' on the westerly boundary. The City Council further requires 5' building setbacks for lots fronting on parking lots, with 10' setbacks for other sides and 20' between buildings. 10. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. 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. Storm water treatment and disposal shall 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations of the Central District Health Dept as follows: 17. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 18. Run-off is not to create a mosquito breeding problem. 19. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 20. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for Stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 • • 21. The District's Hunter Lateral courses along the south boundary of the proposed project. Any encroachments shall be approved and a signed License Agreement shall be in place. 22. The District also requires a Land Use Change/Site application to be filed. Adopt the Recommendations of Sanitary Service as follows: 23. Container locations and volume is inadequate. Adopt the Recommendations of the Meridian Fire Department as follows: 24. All codes shall be met, including fire hydrants, water supply, and fire sprinkler systems. Open space shall be kept clear of trash and weeds. E. Kalispell Street shall be built through. Fire hydrants shall be added to S. Baltic Place off of Franklin Road. Additionally, the Applicant shall comply with the motion made by the City Council at their August 8, 2001 meeting, as follows: 25. The Conditional Use Permit shall be phased in with the multi-family use, which is lot number 7 on the Preliminary Plat, allowed only after the improvement of widening Franklin Road to five lanes, including stoplights at the intersections of Stoddard and Locust Grove Roads. 13. The proposed uses within the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance, however, the Plan is currently under review and this area is being considered for some commercial designation, which then would be harmonious because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application 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. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. 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; d. Will not be hazardous or disturbing to existing or future neighboring FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 • uses; e. 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 conditional use shall be able to provide adequately any such services; f. 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; g. 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; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the High Density Residential District (R-40) and General Retail and Service Commercial District (C- G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 :7 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 ~ ~ 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned unit development for mixed use residential/commercial in an R-40 and C-G zones located at Franklin Road west of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the planning and zoning and engineering staff as follows: 1. Landscaping shall be installed per the approved landscaping plan (to be approved by staff prior to approval of the Final Plat). 2. The monument sign dimensions as drawn on the submitted site plan conform with the sign ordinance. A separate sign permit shall be required prior to construction of the signs. 3. All commercial buildings within the subdivision shall participate in a Planned Sign Program, implemented in accordance with Ordinance 11-14- 9.E. Aseparate Planned Sign Program application and permit shall be required. 4. The commercial parking lots shall be used only for short-term parking for patrons of the commercial establishment, and not for overnight use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 5. Applicant shall specifically state hours of operation for all uses within the commercial development during the public hearing. No uses shall operate for 24 hours without a conditional use permit. 6. Per Ordinance 12-13-7,4, the commercial building on Lot 3, Block 1 shall provide the required 10' landscape buffer along S. Baltic Place. 7. Per Ordinance 12-13-8.3.C, no linear group of parking exceeding 12 spaces shall be allowed without an internal planter island. The Planning and Zoning Commission and City Council further recommend granting a waiver to allow 13 parking spaces in four areas between planters. Commercial areas shall fully comply with the landscaping ordinance. 8. Six-foot-high, permanent perimeter fencing shall be required, except where the City has specifically agreed, in writing, that such fencing is not necessary. Applicant shall submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. The Planning and Zoning Commission and City Council recommend a waiver from the Zoning Ordinance to reduce the required landscape buffer along the Cemetery (to the west) and Medimont Subdivision (to the east) to only five feet, in order to accommodate the placement of garages but requires solid fencing. 9. According to the Landscape Ordinance, the western boundary of Lots 1, 2, 4, and 6 of Block 1 a 20-foot landscape buffer is required between the different land uses. Changes to the site plan shall be made, or the applicant may make a request to the Commission and Council, at the public hearing, to reduce the landscape setback between different land uses. The Council and Commission may reduce the setback based on the fact that this application is a PD, which would allow a reduction in setback requirements if the Council and Commission find that it would be appropriate. The Planning and Zoning Commission and City Council further recommend that the buffer be reduced to 5' adjacent to Stonebridge Subdivision, and reduced from 20' to 10' on the westerly boundary. The City Council further requires 5' building setbacks for lots fronting on parking lots, with 10' setbacks for other sides and 20' between buildings. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 • • lO.Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. 11.Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.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. Storm water treatment and disposal shall 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 a 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. 13.Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14.A11 construction shall conform to the requirements of the Americans with Disabilities Act. 15.Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 16.Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations of the Central District Health Dept as follows: 17.The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health &. Welfare, Division FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 of Environmental Quality. 18.Run-off is not to create a mosquito breeding problem. 19. stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 20.The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: 21.The District's Hunter Lateral courses along the south boundary of the proposed project. Any encroachments shall be approved and a signed License Agreement shall be in place. 22.The District also requires a Land Use Change/Site application to be filed. Adopt the Recommendations of Sanitary Service as follows: 23. Container locations and volume is inadequate. Adopt the Recommendations of the Meridian Fire Department as follows: 24.A11 codes shall be met, including fire hydrants, water supply, and fire sprinkler systems. Open space shall be kept clear of trash and weeds. E. Kalispell Street shall be built through. Fire hydrants shall be added to S. Baltic Place off of Franklin Road. Additionally, the Applicant shall comply with the motion made by the City Council at their August 8, 2001 meeting as follows: 25.The Conditional Use Permit shall be phased in with the multi-family use, which is lot number 7 on the Preliminary Plat, allowed only after the improvement of widening Franklin Road to five lanes, including stoplights at the intersections of Stoddard and Locust Grove Roads. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/08/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BALTIC PLACE SUBDIVISION IN PROPOSED R-40 AND C-G ZONES, LOCATED AT FRANIQ.IN ROAD WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO L.C. DEVELOPMENT, INC., APPLICANT Case No. CUP-O1-015 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 8TH day of August, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for planned unit development for mixed use residential/commercial in an R-40 and C-G zones located at Franklin Road west of Locust Grove Road, Meridian, Idaho, subject ORDER CONDITIONAL USE PERMIT - 1 (CUP-01-015 ) to the following conditions of use and development: Adopt the Recommendations of the planning and zoning and engineering staff as follows: 1. Landscaping shall be installed per the approved landscaping plan (to be approved by staff prior to approval of the Final Plat). 2. The monument sign dimensions as drawn on the submitted site plan conform with the sign ordinance. A separate sign permit shall be required prior to construction of the signs. 3. All commercial buildings within the subdivision shall participate in a Planned Sign Program, implemented in accordance with Ordinance 11- 14-9.E. Aseparate Planned Sign Program application and permit shall be required. 4. The commercial parking lots shall be used only for short-term parking for patrons of the commercial establishment, and not for overnight use. 5. Applicant shall specifically state hours of operation for all uses within the commercial development during the public hearing. No uses shall operate for 24 hours without a conditional use permit. 6. Per Ordinance 12-13-7,4, the commercial building on Lot 3, Bloclc 1 shall provide the required 10' landscape buffer along S. Baltic Place. 7. Per Ordinance 12-13-8.3.C, no linear group of parking exceeding 12 spaces shall be allowed without an internal planter island. The Planning and Zoning Commission and City Council further recommend granting a waiver to allow 13 parking spaces in four areas between planters. Commercial areas shall fully comply with the landscaping ordinance. 8. Six-foot-high, permanent perimeter fencing shall be required, except where the City has specifically agreed, in writing, that such fencing is not necessary. Applicant shall submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. The Planning and Zoning Commission and City Council recommend a waiver from the ORDER CONDITIONAL USE PERMIT - 2 (CUP-01-015 ) Zoning Ordinance to reduce the required landscape buffer along the Cemetery (to the west) and Medimont Subdivision (to the east) to only five feet, in order to accommodate the placement of garages but requires solid fencing. 9. According to the Landscape Ordinance, the western boundary of Lots 1, 2, 4, and 6 of Block 1 a 20-foot landscape buffer is required between the different land uses. Changes to the site plan shall be made, or the applicant may make a request to the Commission and Council, at the public hearing, to reduce the landscape setback between different land uses. The Council and Commission may reduce the setback based on the fact that this application is a PD, which would allow a reduction in setback requirements if the Council and Commission find that it would be appropriate. The Planning and Zoning Commission and City Council further recommend that the buffer be reduced to 5' adjacent to Stonebridge Subdivision, and reduced from 20' to 10' on the westerly boundary. The City Council further requires 5' building setbacks for lots fronting on parking lots, with 10' setbacks for other sides and 20' between buildings. 10. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. 11. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. 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. Storm water treatment and disposal shall 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to ORDER CONDITIONAL USE PERMIT - 3 (CUP-01-015 ) • development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations of the Central District Health Dept as follows: 17. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 18. Run-off is not to create a mosquito breeding problem. 19. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 20. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for Stormwater disposal and design a stormwater management. system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 21.. The District's Hunter Lateral courses along the south boundary of the ORDER CONDITIONAL USE PERMIT - 4 (CUP-01-015 ) proposed project. Any encroachments shall be approved and a signed License Agreement shall be in place. 22. The District also requires a Land Use Change/Site application to be filed. Adopt the Recommendations of Sanitary Service as follows: 23. Container locations and volume is inadequate. Adopt the Recommendations of the Meridian Fire Department as follows: 24. All codes shall be met, including fire hydrants, water supply, and fire sprinkler systems. Open space shall be kept clear of trash and weeds. E. Kalispell Street shall be built through. Fire hydrants shall be added to S. Baltic Place off of Franklin Road. Additionally, the Applicant shall comply with the motion made by the City Council at their August 8, 2001 meeting, as follows: 25. The Conditional Use Permit shall be phased in with the multi-family use, which is lot number 7 on the Preliminary Plat, allowed only after the improvement of widening Franklin Road to five lanes, including stoplights at the intersections of Stoddard and Locust Grove Roads. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT - 5 (CUP-01-015 ) 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerlc and then a copy served by the Clerlc upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ROLL CALL: 2001. COUNCILMAN RON ANDERSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 • COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: City Clerk Dated: Z:\Work\NI\Meridian\Meridian 15360M\Baltic P1aceAZ01-008 PPO1-009 CUPO1-015\FfC1sCUP01-O15.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 • • August 31, 2001 CUP 01-015 MERIDIAN CITY COUNGIL MEEtING September 4, 2001 APPLICANT L.C. Development, InC. ITEM NO. 3- }} REQUEST Endings tabled from August 21,2001 -Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision -Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See alMched Revised Hndtngs ~~ ~ ~~~ ~Tr. OTHER: Contacted: ~~t~t, ~ ~l-~ ^~~(~ ~~~ ~ Date:_~ Phone: ~3~.~'~~ 12 r a AA ~ials~pre~eMed pcd ubAc mel #inga shag becpme properly o1 the Cigr of Meridian. n September 28, 2001 CUP 01-015 MERIDIAN CITY COUNCIL MEETING October 2, 2Q01 APPLICANT L.C. Development, Inc. ITEM NO. ~- REQUEST Findings tabled from September 18, 2001 -Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision -Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTQR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~4J ~ p°'s" ~.o~ ~nr'' OTHER: Contacted:~~a ~ n, Date: ~(~~ Phone: ~ ~j$ - ~~ ~ _ Moierfola presented at pubac meeilr~s shah become properly of the CNy of Merldlan. September 14, 2001 CUP 01-015 MERIDIAN CITY COUNCIL MEETING September 18, 2001 APPLICANT L.C. Development, Inc. ITEM NO. ~-K, REQUEST Findings tabled from September 4, 2001 -- Request for a Conditional Use Permit #or a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision -Franklin Road west of Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See aitached Findings ~'"~ ~~` ~~ D~ 2 Q~~ 'L l OTHER: Contacted: Date: ~ Phone: -1~~ • 3812. l.M, w~ K.ri s) Materia presented at public meetings shall become property ~ the Ctiy of Meridian. • October 12, 2001 • CUP 01-015 MERIDIAN CITY COUNCIL MEETING October 16, 2001 APPLICANT LO. Developmen#, InC. ITEM NO. REQUEST Findings -Request for a Conditional Use Permit for a Planned Unit Development for mixed use Residential/Commercial in proposed C-G and R-40 zones for proposed Baltic Place Subdivision -Franklin Road west of Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aMached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ,R/ ADA COUNTY HIGHWAY DISTRICT: ~ ~~° 3 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~~1113e~1_ri ~) - f' ~, ~ M • Date: Phone: 9~ g "~ ~' Materials presented at public meaNnpa shall become property of the City of Meridian. • ~t ~~ ~e~'a~l` interoffice City of lO~Ieridian MEMORANDUM City Clerk Office To: From: Subject: File No. Date: William G. Berg, Jr. Wm. F. Nichols Baltic Place Sub ivision By: L.C. Construction, Inc. CUP-O1-015 -Revised Findings of Fact and Conclusions of Law and Order of Conditional Approval of Conditional Use Permit and Revised Order October 8, 2001 Will: Regarding the above referenced matter, please find enclosed the revised, original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF CONDITONAL USE PERMIT and ORDER which we have prepared as instructed at the Council meeting held on Tuesday, October 2, 2001, and will be placed upon the Consent Agenda for the Council meeting to be held on October 16, 2001. Please replace the old Findings that were delivered to your office with these Findings and new Order. If you have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Baltic PlaceAZ01-008 PPO1-009 CUPO1-015\BergRevisedCUP01-015FFLtr100501.doc