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HomeMy WebLinkAboutHUB Parking Facility CUP-08-020~~~~ JUL 3 i 200 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CITY OF IUi~r~li~iAN r~IT~~ CLERK OF~=If;E E~ ~ IDIAN~-- IDAHO In the Matter of Conditional Use Permit for a parking facility that does not comply with the Downtown Meridian Design Guidelines and for a parking facility in the O-T zoning district for the HUB Parking Facility, by Meridian Development Corporation Case No(s). CUP-08-020 For the Planning and Zoning Commission Hearing Date of: July 17, 2008 (Findings on August 7, 2008 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 1"7, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning reaps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-020 Page 1 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to Site/Landscape Plan and Conditions of Approval all in the attached Staff Report for the hearing date of July 17, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's site/landscape plan as evidenced by having submitted the site/landscape plan, dated June 18, 2008 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 17, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall continence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval.. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-020 Page 2 Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. 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 maybe 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. E. Attached: Staff Report for the hearing date of July 17, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-020 Page 3 By action o the Plannin & Zoning Commission at its regular meeting held on the ~= day of , 2008. COMMISSIONER DAVID MOE VOTED 4-- (Chair) COMMISSIONER MICHAEL ROHM VOTED ~-~- COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED UCH CHAIRMAN D ID MOE Attest: o s~~a~ _= ara Green, Deputy~CE~ Cl ,~o`'' ;. Copy served upon Applicant; The Planning Deparhnent, Public Works Department and City Attorney. B Dated: ~ `' (I ~~ 6 'ty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O8-020 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 STAFF REPORT Hearing Date: July 17, 2008 TO: Planning & Zoning Commission ~ LDIA1 ~I ~''~ FROM: Bill Parsons, Associate City Planner I D A H O (208) 884-5533 SUBJECT: HUB Parking Facility • CUP-08-020 Conditional Use Permit for a parking facility that does not comply with the Downtown Meridian Design Guidelines and .for a parking facility in the O-T zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Meridian Development Corporation, is requesting Conditional Use Permit (CUP) approval for a surface parking facility for Phase one of the HUB building. The proposed parking facility does not fully comply with the Downtown Meridian Design Guidelines (UDC 11-2D-4D.3). Additionally, CUP approval is required for all parking facilities in the O-T zoning district (UDC Table 11-2D-2). The property consists of 0.83 acres of land and is currently zoned O-T (Old Town). The subject site currently has several associated structures on the site that need to be removed prior to construction of the HUB Project. The applicant is proposing to develop the half block as a mixed use development in three phases. Phase one of the project is a 26,000 square foot mixed use building to include restaurant and office lease space. The proposed surface parking facility (57 stalls in total) is to provide the required parking for phase one of the project and serve as temporary parking until additional phases are constructed. The subject site is located north of E. Broadway Avenue between E. 2"d Street and E. 3`d Street. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CiJP application below. Staff recommends approval of CUP-08-020 for a surface parking facility for The HUB, as presented in the Staff Report for the hearing date of July 17, 2008, subject to .the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on July 17, 2008. At the public hearinE, the. Commission moved to approve CUP-08-020. a. Summary of Commission Public Hearin: i. In favor: Shaun Wardle ii. In opposition: None iii. Commenting iv. Written testimony: None v. Staff presenting, application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev Commission ChanEes to Staff Recommendation: i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- HUB Parking Facility CUP-08-020 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 020, as presented in the staff report for the hearing date of July 17, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on August 7, 2008. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-08- 020, as presented during the hearing on July l7, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on August 7, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-020 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 200, 226, 234, 242 E. Broadway Avenue Section 7', Township 3 North, Range 1 East b. Owner: Meridian Development Corporation 33 E. Idaho Street Meridian, ID 83642 c. Applicant /Contact: Same as Owner d. Present Zoning: O-T (Old town) e. Present Comprehensive Plan Designation: Old Town f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval for a surface parking facility for the HLJB Project in the Old Town district that does not fully comply with the Downtown Meridian Design Guidelines, per UDC 11-2D-4D.3. Additionally, CUP approval is requested for a parking facility in the O-T zoning district, as required by UDC 11-2D-2. g. Description of Applicant's Justification for CUP Approval: "Per the Meridian Guidelines: off- street parking is allowed only at the rear of the building not visible from streets and in parking structures. Parking is not allowed within the 30 feet of street facing facades. The street facing area must be used for tenant space with active uses. We are proposing under this initial phase, temporary parking along portions of Broadway and E. Third Street to meet the parking requirement for the proposed 26,000 square foot mixed use building. It is MDC intention to develop the balance of the site consist with the Downtown Meridian Design Guidelines once sufficient public parking for in the Downtown District is established." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City HUB Parking Facility CUP-08-020 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: June 30, and July 14, 2008 c. Radius notices mailed to properties within 300 feet on: June 20, 2008 d. Applicant posted notice on site by: July 7, 2008 6. LAND USE a. Existing Land Use(s): The subject has several vacant buildings on the site with associated unimproved dirt parking lots. b. Description of Character of Surrounding Area: The surrounding area is all zoned O-T (Old Town) with the exception of the residential uses to the east. The area primarily consists of dilapidated vacant buildings. and vibrant retail and residential uses to the north and east of the site. c. Adjacent Land Use and Zoning 1. North: Alley; Boys and Girls Club and Centennial Park; zoned O-T 2. East: Single Family Residences; zoned R-15 3. South: Vacant Idaho Truss site; zoned O-T 4. West: Vacant commercial buildings; zoned O-T d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing building is already served from mains located in E Broadway Ave Location of water: Existing building is already served from mains located in E Broadway Ave. Issues or concerns: None 2. Vegetation: There are existing trees on the site. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: O-T (Old Town) 7. Lot Size: 0.83 acres £ Conditional Use Information: 1. Non-residential square footage: N/A -request is for surface parking facility 2. Hours of Operation: 24 hours aday/7 days a week g. Off-Street Parking: 1. Parking spaces required: Based on 1 space per every 500 square feet of gross floor area, the UDC requires a minimum of 52 parking stalls for the 26,000 square foot multi-use building proposed with Phase one. HUB Parking Facility CUP-08-020 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the surface parking facility is proposed via the 16-foot wide one way alley adjacent to the northern property boundary. 7. COMMENTS MEETING On Tune 27, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, and the Meridian Police Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per Chapter VII of the Comprehensive Plan, the Old Town land use category "includes the historic downtown and the true community center. Uses in this category would include offices, retail, and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family. residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian arneruties would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat. boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff believes that the proposed use generally conforms to the stated purpose and intent of the Old Town designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Develop public parking areas in Old Town. (Chapter V, Goal II, Objective A, Action 13) Staff believes that the proposed parking facility will provide adequate parking for employees and patrons of the new26, 000 square foot building, as well as provide additional public parking for downtown area when the building is closed in .the evening and on weekends. Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV) Staff believes that the proposed parking facility should be compatible with existing uses in the area. Further, the subject parking is anticipated as temporary parking until additional phases for the HUB Project are constructed and a public parking facility is established in the Downtown Area. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. UNIFIED DEVEOPMENT CODE a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O-T zoning district. Parking facilities are listed as a conditional use in the O-T zone. Further, per UDC 11-2D-4.D.3, all applications that do not meet the criteria in the "Downtown Meridian Design Guidelines" are subject to a CUP. HUB Parking Facility CUP-08-020 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 17, 2008 b. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cu-Mural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: Conditional Use Permit (CUP): The HUB Parking Facility is proposed to provide parking for the first phase of the HUB project. Phase one includes a 26,000 square foot mixed use building and requires a minimum of 52 parking stalls. On the submitted site/landscape plan, the applicant is proposing a total of 57 parking stalls (55 standard stalls and 2 compact stalls). A CUP is requested for the following reasons: 1) Parking facilities require CUP approval in the O-T zoning district, per UDC Table 11-2D.2; and 2) The proposed layout of the parking facility does not fully comply with the Downtown Design Standards (UDC 11-2D-4D.3). See design standards below for more information. Downtown Design Standards for Parking (DDS): The DDS contain standards for parking in the downtown area in areas zoned O-T as follows: (Staff's analysis in italics) Number of Parking Spaces Required: If off-street parking is provided, the applicant shall provide accessible spaces as per federal accessibility standards. Three handicap accessible stalls are proposed on the site.. Location: Off-street parking is allowed only at the rear of building not visible from streets and in parking structures, Parking is not allowed within street-facing facades. This street-facing area must be used for tenant space with active uses. The proposed parking lot does not comply with this standard. The proposed surface parking facility is to provide the required parking for Phase one of the HUB project and is located along two streets. However, the surface parking is proposed as temporary parking until additional phases for the project are constructed and a public parking facility is established in the Downtown Area. At this time the applicant is not proposing a parking structure on the site. Screening: Screening of parked cars in parking structures above the first floor must include a solid panel up to 42 inches from floor levels. Structured parking garages will conform to the requirements of the Facade Treatment; Entrances section in these guidelines, except glazing is not required at floors above the first floor. N/A (A parking structure is not proposed with this application.) Landscaping: Surface parking lots shall be required to have streetscapes and screened at the street sides with minimum 3-foot high hedges, fences or walls. The applicant is proposing streetscape in accordance- with the MDC streetscape standards. In addition, a row of shrubs are proposed to be planted along the south and east side of the surface parking lot to screen the surface parking from the street. Staff believes the applicant generally complies with the landscape requirements of Downtown Design Guidelines. Parking Lot Landscaping: In addition, the UDC requires planter islands at the ends of parking rows and a minimum 5-foot perimeter adjacent to parking lots. Staff has reviewed the submitted HUB Parking Facility CUP-08-020 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 plan and finds the applicant complies with the UDC. Tree Mitigation: A visit to the site revealed there are existing trees on the site. However the submitted landscaping plan does not show existing trees. Nor are they referenced to be protected and incorporated into the design of the project or being identified as being removed and mitigated for. Any existing on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department. This should be included on the updated landscape plan as well. Access: Access to the surface parking facility will be provided from E. 3rd Street via a one way alley which exits onto E. 2"d Street. Direct access to E. Broadway Avenue is not proposed with this application. Staff is supportive of the ingress/egress for the proposed parking facility. Parking: Phase one of the HUB Project consists of a 26,000 square foot building. Per UDC 11- 3C-6B, aminimum of 1 vehicle parking space is required per 500 square feet of gross floor area. Per this requirement, a minimum of 52 spaces are required to be provided. On the submitted site/landscape plan the applicant has provided a total of 57 stalls (55 standard and 2 compact) and complies with the parking requirements of the UDC. Staff is supportive of the amount of parking spaces provided on the subject site. Hours of Operation: The hours of operation for the proposed use are 24 hours a day, 7 days a week. The proposed surface parking should also provide additional public parking for downtown businesses in the evening and on weekends. Staff is supportive of the proposed hours of operation for the proposed parking facility. The Commission should rely on any public testimony to determine if hours should be limited. Certificate of Zoning Compliance: On June 26, 2008, a certificate of zoning compliance for Phase one of the HLJB building was issued by the Planning Department. Occupancy for the building is subject to approval of this CUP (CUP-08-020) for the surface parking. At this time, staff is not proposing any modifications to the site/landscape plan submitted with this application; however if the Planning and Zoning Commission request additional modifications to the plans, then revised plans with the appropriate changes shall be submitted to the Planning Department for review. b. Staff Recommendation: Staff recommends approval of CUP-08-020 for a parking facility for the HUB, as presented in the Staff Report for the hearing date of July 17, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and ZoIIing Commission heard this item on July 17, 2008. At the .public. hearing, the Commission moved to approve CUP-08-020. 11. EXHIBITS A. Maps 1. Vicinity Map 2. Site/Landscape Plan (dated: June 18, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department HUB Parking Facility CUP-08-020 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC HUB Parking Facility CUP-08-020 Page 7 CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF JULY 17, 2008. A. Drawings 1. Vicinity Map E STATE AVE !' ~ N II ~ ~ ~ .- N .N- ~ 211 N - N ! !- 921 916 ! 00 ^ ~ N .~ ~ ~ N N M M ~ 1 ~ ~ 906 " N ~M-- O~ N N N N N 831 ~~ M (~ M M ~ M M M M M ~ ti Q 909 O N 00 ~O o ^ r i 1+ ') M M 336 0 M O~ r N ~ i a V N 7 N E PINE AVf ! o ( ~ M ~ N Z o a n 337 j v N M ~ M M ~ N N 211 235 N M ~ u~ °~ -1 831 R-$ 814 Z 8 ~ p ~ M 800 '~ _N N 00 .D l~/1~ 0o0 00 H BOA M ~ 24O i 3O~ M M M M = V Z E IDAHO AVE' ~) I~I~~ 713 30 ~o QV1 139 Laa C 1 1 3 N v ~~ I N M M M ~ a 111 M ~O Imo. r ~ I Z ^ ~ N N N N h M M M M 714 ~ 706 .~ ,0 200 r r~i v ~ ~ o ao o ~ ~ ~o _N 7O4 Q` r - N N N ~, M M M M M M ~ 7 E BROADWAY AVE ^'~ r - - - - F.. . VQf W Z' i _ UNIDN PACLFIC RXR 0 o ao "' 502 ;~ ~ N 218 521 M M v ~ ~ ~ ~ u+ ~ ~ ~ I 217 N 295 I-L O N O "1 300 360 ~ E BOWER ST 434 333 343 34 463 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 2. Site/Landscape Plan (dated: June 18, 2008) • _.. ,~ a ap I~ ~~~ ~a~ ~aa. ~~, A ~~~ ~~e C7 bye a~i 2 g ~:~~~ B. e ~ S '~ a~~~ Q: ~ q@ g E~i~~~@ ~' ~• A l - ~' '~ a ~ ~ ~ ~ ~ z '~ a ~ i ~ ~ ' ~ C~ ~ (; ~gg~~ •I ~: C~ : ' r ~~ O ~ C. ~ ~ 5 F11 2v 0.~ U ~ c~ '~~~ ~ ~ . . ' ~~~ t ~ , , ~ ~ 3~ ~ ~, ~'i ~Etf~ !ii(j~ I ' 9 ~ r i ' ~~ ~ ~ ~ ~ ~1 . °; ~ llit! , ~ • p p j,I. ...~-._ ~ / $, ;. o -~ x ~~A A„ ~~ .~ oz ~~_ W ~~, xWQ o~ ow ~'N~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan, prepared by Johnson Architects, dated June 18, 2008, is approved with the following changes: • The shrubs/hedges proposed along the south and east side of the surface parking facility shall be a minimum of 3feet in height at maturity. • 57 stalls shall be constructed on the site, as proposed. • , Streetscape shall be constructed in accordance with the City of Meridian Downtown Streetscape Design Guidelines. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department prior to issuance of occupancy. 1.2 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to commencement of the proposed use. 1.3 To ensure that all of the conditions of approval for CUP-08-020 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to establishing a parking facility on this site. 2. PUBLIC WORKS DEPARTMENT 2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to obtaining certificates of occupancy. 2.2 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.3 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT 3.1 The ingress/egress from the alley into the surface parking shall have a turning radius of 28' inside and 48' outside turning radius and support.a weight of 75,000 GVW. 3.2 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.3 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with this application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 4.2 Alley improvements shall be able to support heavy daily traffic and support a weight of 75,000 GVW. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Sanitary Services Company did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 'Prior to issuance of a building_permit, prepare and execute a hold harmless agreement for the proposed on-street diagonal parking on Broadwav Avenue abutting_the site. The agreement shall indicate that the dia onal parking ma by e-required to be removed at the discretion of the Ada County Highway District. 7.2 Install vertical curb and gutter, an 8-foot paver/planter strip and minimum 5-foot concrete sidewalk along Broadwav Avenue abutting the site. Provide a public sidewalk easement for any portion of the sidewalk along Broadwav Avenue that is located outside of the ri t-of-wav. Enter into a license agreement with ACHD for the maintenance of the paver strip, tree wells and all street furniture to be located in the ri t-of--way., 7.3 Install vertical curb and gutter, an 8-foot paver/planter strip and minimum 5-foot concrete sidewalk along Second Street abutting the site. Provide aPublic sidewalk easement for any portion of the sidewalk along Second Street that is located outside of the right-of--wav. Enter into a license agreement with ACRD for the maintenance of the paver strip, tree wells and all street furniture to be located in the right-of-waY 7.4 Enter into a license agreement with ACHD for any commercial uses (cafe seating) located in the right-of--wav. 7.5 Install vertical curb and gutter, an 8-foot paver/planter strip and minimum 5-foot concrete sidewalk along. Third Street abutting the site. Provide a public sidewalk easement for anyportion of the sidewalk along Third Street that is located outside of the right-of--wav. Enter into a license agreement with ACRD for the maintenance of the paver strip tree wells and all street furniture to be located in the right-of-wad 7.6 Install bulb-outs at the corners where Second and Third Streets intersects Broadwav Avenue abutting the site, so that the curb face is no closer than 12 feet .from the centerline of Second and Third Streets,. and so that it matches the existing bulb-outs to the west. The bulb-outs shall have a minirnuxn 18-foot radius where they meet the regular curb line. 7.7 Comply with all Standard Conditions of Approval. 4.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-wad Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 7.2.3 Al:l utility relocation costs associated with improving street frontages abutting the site shall be borne. by the developer. 7.2.4 Replace any existing d~ged curb, gutter and sidewalk and any that may be damaged during the construction. of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all .improvement plans. 7.2.8 The applicant shall submit revised plans. for staff approval, prior to issuance of bulding_permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLIIVE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and si ng ed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden. shall be upon the applicant to obtain written confirmation of any change from the Ada County Hi way District. . 7.2.13 Any change by the applicant in the planned use of the property which is the subiect of this application, shall require the applicant to comply with all rules,. regulations, ordinances, plans,. or other re u~ry and legal restrictions in force at the time the applicant or its successors in interest advises the Hi way District of its intent to change the planned use of the subiect property unless a waiver/variance of said requirements or other legal relief is agr nted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the site is large enough to accommodate the required surface parking facility for Phase one of the HUB Building as proposed. Staff recommends the Commission rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Cormnission finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. The property is currently zoned O-T, which complies with this designation. The proposed use is generally harmonious with the applicable requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use as a parking facility should be compatible with other uses in the general area and with the existing and intended character of the area. Further, the Commission believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5: That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the subject property is currently served by public facilities such as streets, police, and fire protection. The .Commission fmds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved for a surface parking facility, the applicant will be financing any improvements required for development. The Commission finds that the proposed use will not be detrimental to the community's economic welfare. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008 7. That the proposed use will not involve activities or 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. The Commission recognizes that traffic and noise is a concern; however, the Commission does not believe that the amount generated by the continued use of the property as a parking facility will be detrimental to any persons, property, or the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C