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HomeMy WebLinkAboutBaltic Place Subdivision CUP-01-015BEFORE 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 FRANKLIN ROAD WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO L.C. CONSTRUCTION, INC. APPLICANT Case No. CUP-O1-015 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 and October 2, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - i taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Contusions 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 and October 2, 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 ma~ter having been duly considered by the City Council at the July 17, 2001 and continued until August 8, 2001 and October 2, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 2. There has been compliance with all notice and hearing requirements set 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 Franldin 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-i/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 I 1-7-2. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 require a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section i 1-8- 1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. ] 0. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 City of Meridian subject to the following: Adopt the Recommendations of the planning and zoning and engineering staff as follows: Landscaping shall be installed per the approved landscaping plan (to be approved by staff prior to approval of the Final Plat). The monument sign dimensions as drawn on the subrnitted site plan conform with the sign ordinance. A separate sign permit shall be required prior to construction of the signs. 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. The commercial parking lots shall be used only for short-term parking for patrons of the commercial establishment, and not for overnight use. Applicant shall spedfically 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. Per Ordinance 12-13-7,4, the commercial building on Lot 3, Block 1 shall provide the required Iff landscape buffer along S. Baltic Place. Per Ordinance 12-13-8.3.C, no linear group of parldng 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 coxnply with the landscape ordinance. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 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 bnt requires solid fencing. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 13. 14. 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. 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. 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 follo~vs: 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 N0anpa & Meridian Irrigation District as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 follows: 21. 22. 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. 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. I(xlispell Street shall be built through. Fire hydrants shall be added to S. Baltic Place off of Franldin Road. Additionally, the Applicant shall comply with the motion made by the City Council at their October 2, 2001 meeting, as follows: 25. No building permit shall be allowed for the apartment complex until the following conditions are met: A 5' temporary sidewalk shall be provided on the west side of the development on Franldin to Stratford in the existing Franklin Road right-of-way. A 5' permanent sidewalk shall be provided from the apartment complex to the west side of the commercial development to Franklin Road. c. Ada County Highway District's installation of a opticon activated traffic light at the Fire Station on Franklin Road. 13. The proposed uses within the subiect application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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". I4. The uses proposed within the subject application subject to the 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers cmfferred 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 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 § 1 1-17- 3) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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; uses; Will not be hazardous or disturbing to existing or future neighboring 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 Commerdal 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 OldTown 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." 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-I7-6) 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 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 Franldin 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 prior to construction of the signs. 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 parldng lots shall be used only for short-term parldng for patrons of the commercial establishment, and not for overnight use. 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. Per Ordinance 12-13-8.3.C, no linear group of parldng 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 parldng spaces in four areas between planters. Commercial areas shall fully comply with the landscaping ordinance. 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. According to the Landscape Ordinance, the western boundary of Lots 1, 2, zi, 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 malce a request to the Commission and Council, at the public hearing, to reduce the landscape setback between different land uses: The Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 and Commission may reduce the setbadc 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 parldng 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 I 1-13-4.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.AIl construction shall conform to the requirements of the Americans with Disabilities Act. 15.Trash enclosures shall meet the requirements of the Sanitary Service FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 sprinkler systems. Open space shall be kept dear of trash and weeds. E. Kalispell Street shall be built through. Fire hydrants shall be added to S. Baltic Place off of Franldin Road. Additionally, the Applicant shall comply with the motion made by the City Council at their October 2, 2001 meeting, as follows: 25. No building permit shall be allowed for the apartment complex until the following conditions are met: a. A 5' temporary sidewalk shall be provided on the west side of the development on Franklin to Stratford in the existing Franldin Road right-of-way. b. A 5' permanent sidewalk shall be provided from the apartment complex to the west side of the commercial development to Franldin Road. c. Ada County Highway District's installation of a opticon activated traffic light at the Fire Station on Franklin Road. 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 Cleric and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 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 t~/~'g~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ,/~ --/'~ -- d~)/' VOTED MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: Z:\Work~M~vleridianXCMeridian 15360M~Baltic PlaceAZOl-O08 PPOI-009 CUPOI-O15~fCIsCUPOi-O15,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 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 FRANKLIN ROAD WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO L.C. DEVELOPMENT, INC., APPLICANT Case No. CUP-01-O15 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 2~d day of October, 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 Reco~ranendation 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 Franldin 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: Landscaping shall be installed per the approved landscaping plan (to be approved by staff prior to approval of the Final Plat). 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. 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. The commercial parking lots shall be used only for short-term parldng for patrons of the commercial establishment, and not for overnight use. 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. 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. 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. 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 (CUP-01-015) -2 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. According to the Landscape Ordinance, the western boundary of Lots 1, 2, 4, and 6 of Blot< 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 iff on the westerly boundary. The City Council further requires 5' building setbacks for lots fronting on parking lots, with I0' setbacks for other sides and 20' between buildings. I0. Off-street parldng 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 ~vith 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 parldng 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 (CUP-OI-O15) -3 13. 14. development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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 I 1-13-4.C. 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. ! 8. 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 (CUP-01-O15) -4 22. proposed project. Any encroachments shall be approved and a signed License Agreement shall be in place. 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 dear of trash and weeds. E. Kalispell Street shall be built through. Fire hydrants shall be added to S. Baltic Place off of Franldin Road. Additionally, the Applicant shall comply with the motion made by the City Council at their October 2, 2001 meeting, as follows: 25. No building permit shall be allowed for the apartment complex until the following conditions are met: A 5' temporary sidewalk shall be provided on the west side of the development on Franklin to Stratford in the existing Franklin Road right-of-way. A 5' permanent sidewalk shall be provided from the apartment complex to the west side of the commercial development to Franklin Road. Ada County Highway District's installation of a opticon activated traffic light at the Fire Station on Franklin Road. 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. ORDER CONDITIONAL USE PERMIT - 5 (CUP-OI-O15) 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. By action of the City Council at its regular meeting held on the day of ~)~'TZ-~ ~ ,2001. R-B'~e~ D. ~orrie, Mayor City of Met' d'a Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Z:\Work~Vleridian~Meridian 15360M~Baltic PlaceAZ0 Dated: ORDER CONDITIONAL USE PERMIT (CUP-01-015) -6