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HomeMy WebLinkAboutSchroeder Apartments CUP 03-026BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/05/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO REMOVE AN EXISTING HOUSE AND CONSTRUCT FOUR APARTMENTS, TWO STORY WITH BEDROOMS ON UPPER LEVEL, AND FOUR SINGLE ATTACHED GARAGES IN A PROPOESED O-T ZONE FOR SCHROEDER APARTMENTS, LOCATED AT 921 WEST 2ND STREET, MERIDIAN, IDAHO Case No. CUP-03-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT H. JOHN COOK, APPLICANT The above entitled conditional use permit application having come before the City Council on August 5, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Director for the Planning and Zoning Department, John Cook, and John Schroeder, appeared and testified, 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 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 of 25 FINDINGS OF FACT 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 August 5, 2003, 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 August 5, 2003, public hearings; 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 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-4 zone 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 921 West 2"d Street, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 2 of 25 5. The owner of record of the subject property is John T. Schroeder and Margaret M. Lezamiz, 3786 S. Suntree, Boise, Idaho 83706. 6. Applicant is H. John Cook, 1111 S. Orchazd, Ste #220, Boise, Idaho. The applicant has requested the approval of a Conditional Use Permit on behalf of the owners fora 4- unit residential development on .165 acres. The subject property is currently zoned R-4. An application for Rezone to O-T is currently pending before the City of Meridian. The zoning district of O-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The proposed application requests a conditional use permit to remove an existing house and construct four apartments, two story with bedrooms on upper level, and four single attached garages in a proposed O-T zone for Schroeder Apartments. The O-T 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). 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 can-ent zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 3 of 25 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 aze 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission as follows: 1. The applicant shall comply with all conditions of the Rezone as a condition of the Conditional Use Permit. 2. The applicant shall construct curb, gutter and sidewalk adjacent to the project along W. 2"d Street and extend such improvements south one lot. From that point, curb and gutter shall be constructed to connect with Pine Street. All such improvements shall be in place prior to occupancy of the requested four-plex. 3. Walkways to the front doors ofthe aparhnents shall be 4 feet wide. Sidewalks adjacent to W. 2"d Street shall be 5 feet, minimum. 4. The applicant shall submit a recorded easement for the fire vehicle tum-around prior to issuance of a Certificate of Zoning Compliance. Regarding the trash enclosure/storage shed, the applicant will work out with staff and SSC a satisfactory arrangement considering SSC's concerns that the enclosure size will need to be adequate. A road service damage waiver will need to be signed between SSC and the owner. The enclosure will need a concrete floor and apron and drivable hazd surface as necessary between the enclosure and any vehicle tum around. 5. Add a planter between the garage doors on the east side. Extend the curb line of the northernmost parking space due east to provide for additional planting area on the north. All landscaping in the right-of way will require a license agreement with the Ada County Highway District. 6. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. The applicant shall be required to coordinate fire protection for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTT PAGE 4 of 25 new building with the Meridian Fire Department. Limited supply of water exists in this area due to small main sizing. Additional fire hydrants maybe required. Assessments for sewer and water service are to be determined during the buildingpermit application process. 8. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 9. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area., Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part ofthe conditional use pemut will not be considered without modification of the conditional use permit and additional public hearings. 11. The applicant shall submit 10 copies of a revised site and landscape plan on this project. 12. Install a new fire hydrant at Pine and 2"d, in coordination with the staff and the Fire Department. STANDARD REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standazds set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 of 25 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to bemaintained on-site. 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 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. 4. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential areas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the standazds set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian sidewalk adjacent to 2~ Street in accordance with City Ordinance. 7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Trash enclosures shall not be included in required buffer areas. 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions aze allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. An additional Fire Hydrant will be required to be installed at West Second and Pine. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 of 25 3. Final Approval ofthe fire hydrant locations shall be bythe Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. Approved as submitted. 6. Dumpster must be located 5' from any combustible construc5on. C. Adopt the Recommendations of Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. D. Adopt the Recommendations of the Ada County Highway District as follows: 1. Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2"d Street abutting the parcel continuing north wrapping around to the center of West 2"d Street abutting the school site. Improvements shall be constructed to one- half of a 36-foot street section. 2. In accordance with District policy the applicant shall enter into a license agreement with the District for the additional pavement and landscaping planter within the right- of-way on West 2"d Street; the agreement shall encompass right-of--way approximately 22-feet in width and approximately 60-feet in length. An agreement must be approved prior to issuance of a building permit (or other required permits), whichever occurs first. Please contact the Right-of--Way Division at 3'87-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a turnaround easement over the parking area for the aparhnent complex located to the south of the development site on West 2"d Street. The applicant shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 7 of 25 provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Should the proposed landscape planter located at the terminus of West 2„d Street abutting the school site encroach into the right-of--way the applicant shall provide the District a license agreement for the portion of the encroachment. 5. Pave the entire width of the alley to the nearest street and abutting the parcel. 6. Reconstruct the alley intersection with Pine Avenue; the back-of--curb radius maybe less than 15-feet when it is impractical to remove existing obstructions. Work with District staff for the radius. 7. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the terminus of the alley with a recorded easement over the parking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2"d Street or the alley. Driveways and parking stalls shall be paved their full width as proposed on the submitted site plan and at least 30-feet into the site beyond the edge of pavement of West 2nd Street or the alley. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 of 25 4. 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. 5. 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed 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 Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propertyunless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 9 of 25 E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: I. All laterals and waste ways must be protected. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian hrigation District and no further review will be required. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the Recommendations of the Meridian Water Department as follows: Water service line to this property will need upgraded. G. Adopt the Recommendations of Sanitary Services Company (SSC) as follows: Waste services for Schroeder Apartments are to be provided on 2"d Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as otherwise approved by SSC. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: The items below are for clarificafion: The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks and gutter in front of both the apartment complexes, as well as the neighbor's property to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. The applicant shall also be paving the alley all the way to Pine Street. This will be from the elementary school property to Pine Street. 4. The applicant shall be extending the sidewalk to the end of West 2"d Street. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 10 of 25 5. The applicant shall also be putting in a new curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apartment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. 13. It is found that the subject property is large enough to accommodate the requested use and all required features. The project is in a proposed Old Town zone, where higher densities are encouraged. 14. It is found that the Old Town zoning designation is in accord with the Comprehensive Plan's Future Land Use Map which delineates the subject property as "Old- Town". The text of the Comprehensive Plan (page 99) supports a variety of residential uses in the O-T zone. Action 3, Objective C on page 102 states to "designate Old Town as a priority high-density area." It is found that the proposed four-plex is in compliance with the Comprehensive Plan policies for Old Town. 15. It is found that the design concept to be compatible with other uses in the general neighborhood and the existing/intended character of the area. The property to the south has an existing 4-plex apartment owned by the same property owner. Other surrounding uses are single- family residential and an elementary school. It is also found that the proposed improvements would bring the property closer to the intended character of the area by replacing the existing dilapidated structure with a new, higher density residential use. 16. It is not anticipated that the proposed use will adversely affect other property in the vicinity. FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 of 25 17. It is found that the proposed infill development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer, if improvements are made by the applicant in accordance with the conditions of approval, existing ordinances, and Uniform Codes. 18. It is found that the proposed improvements would not be detrimental to the economic welfare of the community, nor would they create the need for any new facilities or services to be paid for by the public. Since the project is infill in nature, all public facilities are existing. 19. No excessive traffic, noise, smoke, fumes, glare or odors are anticipated as a result from the proposed use. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in conformance with ACHD requirements. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use permit. However, several significant trees have already been removed from the site. It is recommended that compliance with the Rezone Condition of Approval #1 to address mitigation issues. Staff will work with the applicant to maximize the number of new trees on the site and the minimum caliper of new trees will be increased by''/x inch above standard ordinance requirements. 22. The City Council recognizes the support of numerous citizens, expressed in a series of petitions and letters submitted into the record by John T. Schroeder on June 11, 2003. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 of 25 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 (LC. §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 § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTI' PAGE 13 of 25 d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. 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, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on sunounding public streets; and i. 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. 5. Prior to granting a conditional use permit in the Old Town District (O-T), 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." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 of 25 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) 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 August 6, 2002, Resolution No. 02-382 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 of 25 Order that: That the above named applicant is granted a conditional use permit to remove an existing house and construct four apartments, two story with bedrooms on upper level, and four single attached garages in a proposed O-T zone for Schroeder Apartments located at 921 West 2"a Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission as follows: The applicant shall comply with all conditions of the Rezone as a condition of the Conditional Use Permit. The applicant shall construct curb, gutter and sidewalk adjacent to the project along W. 2"a Street and extend such improvements south one lot. From that point, curb and gutter shall be constructed to connect with Pine Street. All such improvements shall be in place prior to occupancy of the requested four-plex. 3. Walkways to the front doors of the apartments shall be 4 feet wide. Sidewalks adjacent to W 2"a Street shall be 5 feet, minimum. 4. The applicant shall submit a recorded easement for the fire vehicle turn-around prior to issuance of a Certificate of Zoning Compliance. Regarding the trash enclosure/storage shed, the applicant will work out with staff and SSC a satisfactory arrangement considering SSC's concerns that the enclosure size will need to be adequate. A road service damage waiver will need to be signed between SSC and the owner. The enclosure will need a concrete floor and apron and drivable hard surface as necessary between the enclosure and any vehicle turn around. Add a planter between the garage doors on the east side. Extend the curb line of the northernmost pazking space due east to provide for additional planting area on the north. All landscaping in the right-of way will require a license agreement with the Ada County Highway District. 6. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. The applicant shall be required to coordinate fire protection for the new building with the Meridian Fire Department. Limited supply of water exists in this area due to small main sizing. Additional fire hydrants maybe required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 16 of 25 Assessments for sewer and water service are to be determined during the building permit application process. 8. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 9. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. 11. The applicant shall submit 10 copies of a revised site and landscape plan on this project. 12. Install a new fire hydrant at Pine and 2"d, in coordinafion with the staff and the Fire Department. STANDARD REQUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in 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 architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. All drainage water is to be maintained on-site. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 17 of 25 Shallow Injection Wells. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential azeas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the standazds set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian sidewalk adjacent to 2"d Street in accordance with City Ordinance. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Trash enclosures shall not be included in required buffer azeas. 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of400' apart. 1997 UFC Appendix III-A. An additional Fire Hydrant will be required to be installed at West Second and Pine. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Departrent. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 5. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. Approved as submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 18 of 25 6. Dumpster must be located 5' from any combustible construction. C. Adopt the Recommendations of Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. D. Adopt the Recommendations of the Ada County Highway District as follows: Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2"~ Street abutting the parcel continuing north wrapping around to the. center of West 2nd Street abutting the school site. Improvements shall beconstructed tonne-half of a 36-foot street section. 2. In accordance with District policy the applicant shall enter into a license agreement with the District for the additional pavement and landscaping planter within the right- of-way on West 2"d Street; the agreement shall encompassright-of--way approximately 22-feet in width and approximately 60-feet in length. An agreement must be approved prior to issuance of a building permit (or other required permits), whichever occurs first. Please contact the Right-of--Way Division at 387-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a tumaround easement over the parking area for the apartment complex located to the south of the development site on West 2"d Street. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Should the proposed landscape planter located at the terminus of West 2"d Street abutting the school site encroach into the right-of--way the applicant shall provide the District a license agreement for the portion of the encroachment. 5. Pave the entire width of the alley to the nearest street and abutting the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 19 of 25 6. Reconstruct the alley intersecfion with Pine Avenue; the back-of--curb radius maybe less than 15-feet when it is impractical to remove existing obstructions. Work with District staff for the radius. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the terminus of the alley with a recorded easement over the pazking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2"d Street or the alley. Driveways and pazking stalls shall be paved their full width as proposed on the submitted site plan and at least 30-feet into the site beyond the edge of pavement of West 2"a Street or the alley. 10. Comply with all Standard Conditions of Approval. 5tandazd Conditions of Arororoval Any existing irrigation facilities shall be relocated outside oftheright-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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. 5. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 20 of 25 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) aze compromised during any phase of construction. 10. No change in the terms and wnditions of this approval shall be valid unless they aze in writing and signed 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 Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: All laterals and waste ways must be protected. If all storm drainage isretained on-site there will be no impact on Nampa & Meridian Irrigation District and no fiutkrer review will be required. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 21 of 25 F. Adopt the Recommendations of the Meridian Water Deparhnent as follows: 1. Water service line to this property will need upgraded. G. Adopt the Recommendations of Sanitary Services Company (SSC) as follows: Waste services for Schroeder Apartments are to be provided on 2"d Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as otherwise approved by SSC. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: The items below are for clarification: The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks and gutter in front of both the apartment complexes, as well as the neighbor's property to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. 3. The applicant shall also be paving the alley all the way to Pine Street. This will be from the elementary school property to Pine Street. 4. The applicant shall be extending the sidewalk to the end of West 2"a Street. 5. The applicant shall also be putting in a new curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apartment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 of 25 such requirements as a condition of approval of the applicafion 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 Clerk 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 of 25 conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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. 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. By action of the City Council at its regular meeting held on the / ~ day of ~~~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED VOTED~t(~ VOTED_ ~C+~ VOTED~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 24 of 25 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -~ DATED:~~ ~~? MOTION: APPROVED:- C~ DISAPPROVED: Attest: ~~"`u w n w t i i p~~ V \``~,~~~y OF MgRP~r~'% d .~oRPO~,yr~ •~ o .>,~~.- ~ SEAL William G. Berg, Jr, Cit Jerk = 9 00" '. 9~ ~~sr 3st •, 1 Copy served upon Applicant, Planniff~ ~i ~ gg D~~i Department and the City Attorney. ~''%~~,,, UN7~ ',~~~`~~ mnii n;tt` City Clerk Corrie Public Works ~-~y-O3 Z:\WorklMVNeridianNderidian 15360M~Schroeder Apartments RZ-03-007 CCIP-03-026\FtCIsCIJP03-026.dcc C)' \~~pt~oRq rF 9y 'd SEAL `~ / ~~'' cOUAlTi Y ~ '~~~,~" ~'~~Nn nl n:na~t. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 of 25 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/05/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO REMOVE EXISTING HOUSE AND CONSTRUCT FOUR APARTMENTS, TWO STORY WITH BEDROOMS ON UPPER LEVEL, AND FOUR SINGLE ATTACHED GARAGES IN A PROPOSED O-T ZONE FOR SCHROEDER APARTMENTS, LOCATED AT 921 WEST 2nd STREET, MERIDIAN, IDAHO Case No. CUP-03-026 ORDER GRANTING CONDITIONAL USE PERMIT H. JOHN COOK, APPLICANT This matter coming before the City Council on the August 5, 2003, 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 to remove an existing house and construct four apartments, two story with bedrooms on upper level, and four single attached garages in a proposed O-T zone for Schroeder Apartrnents located at 921 West ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 1 OF 9 2"a Street„ Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the Planning & Zoning Commission as follows: The applicant shall comply with all conditions of the Rezone as a condition of the Conditional Use Permit. 2. The applicant shall construct curb, gutter and sidewalk adjacent to the project along W. 2"a Street and extend such improvements south one lot. From that point, curb and gutter shall be constructed to connect with Pine Street. All such improvements shall be in place prior to occupancy of the requested four-plex. 3. Walkways to the front doors ofthe apartments shall be 4 feet wide. Sidewalks adjacent to W. 2"a Street shall be 5 feet, minimum. 4. The applicant shall submit a recorded easement for the fire vehicle turn-around prior to issuance of a Certificate of Zoning Compliance. Regazding the trash enclosure/storage shed, the applicant will work out with staff and SSC a satisfactory arrangement considering SSC's concerns that the enclosure size will need to be adequate. A road service damage waiver will need to be signed between SSC and the owner. The enclosure will need a concrete floor and apron and drivable hard surface as necessary between the enclosure and any vehicle turn azound. 5. Add a planter between the gazage doors on the east side. Extend the curb line of the northernmost parking space due east to provide for additional planting area on the north. All landscaping in theright-of way will require a license agreement with the Ada County Highway District. 6. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. The applicant shall be required to coordinate fire protection for the new building with the Meridian Fire Department. Limited supply of water exists in this azea due to small main sizing. Additional fire hydrants may be required. 7. Assessments for sewer and water service are to be determined during the building permit application process. 8. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying ORDER CONDITIONAL USE PERMIT (CUP-03-02~ PAGE 2 OF 9 for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. IfCity water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped areas. 9. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design ofthe trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. 10. Significant alteration of elevations approved as part ofthe conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. 11. The applicant shall submit 10 copies of a revised site and landscape plan on this project. 12. Install a new fire hydrant at Pine and 2"d, in coordination with the staff and the Fire Department. STANDARD REQUIREMENTS 1. Off-street pazking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standazds set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Enviromnental 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 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. ORDER CONDTI'IONAL USE PERMTT (CUP-03-026) PAGE 3 OF 9 4. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential areas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 6. Provide five-foot-wide pedestrian sidewalk adjacent to 2"a Street in accordance with City Ordinance. Screen trash azeas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Trash enclosures shall not be included in required buffer areas. 8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. An additional Fire Hydrant will be required to be installed at West Second and Pine. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locafions will be submitted to the Public Works for plan review. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. Approved as submitted. 6. Dumpster must be located 5' from any combustible construction. ORDER CONDTTIONAL USE PERNIIT (CUP-03-026) PAGE 4 OF 9 C. Adopt the Recommendations of Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Any existing septic system(s) must be properly abandoned. D. Adopt the Recommendations of the Ada County Highway District as follows: Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2"d Street abutting the parcel continuing north wrapping around to the center of West 2"d Street abutting the school site. Improvements shall be constructed to one- half of a 36-foot street section. 2. In accordance with District policy the applicant shall enter into a license agreement with the District for the additional pavement and landscaping planter within the right- of-way on West 2"d Street; the agreement shall encompass right-of--way approximately 22-feet in width and approximately 60-feet in length. An agreement must be approved prior to issuance of a building permit (or other required permits), whichever occurs first.. Please contact the Right-of--Way Division at 387-3271 for guidelines. 3. As proposed on the site plan submitted with the application, the applicant shall provide a tumazound easement over the parking area for the apartment complex located to the south of the development site on West 2"d Street. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Should the proposed landscape planter located at the terminus of West 2"d Street abutting the school site encroach into the right-of--way the applicant shall provide the District a license agreement for the portion of the encroachment. Pave the entire width of the alley to the neazest street and abutting the parcel. ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 5 OF 9 6. Reconstruct the alley intersection with Pine Avenue; the back-of--curb radius maybe less than 15-feet when it is impracfical to remove existing obstructions. Work with District staff for the radius. 7. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed and shall be signed accordingly. 8. Provide a turnaround at the terminus of the alley with a recorded easement over the parking area to the District. The applicant shall provide the District with a recorded easement for the turnaround prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Pave all driveway's and parking stalls that take access to West 2"d Street or the alley. Driveways and parking stalls shall be paved their full width as proposed on the submitted site plan and at least 30-feet into the site beyond the edge of pavement of West 2°d Street or the alley. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Anroroval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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. 5. 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ORDER CONDr!'IONAL USE PERMIT' (CUP-03-02~ PAGE 6 OF 9 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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. 8. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) aze compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representafive of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: All laterals and waste ways must be protected. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. If any surface drainage leaves the site, the Nampa & Meridian hrgafion District must review drainage plans. ORDER CONDITIONAL USE PERMIT (CUP-03-026) PAGE 7 OF 9 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the Recommendations of the Meridian Water Department as follows: Water service line to this property will need upgraded. G. Adopt the Recommendations of Sanitary Services Company (SSC) as follows: Waste services for Schroeder Apartments are to be provided on 2"d Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as otherwise approved by SSC. H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: The items below are for clarification: The applicant stated at the August 5, 2003 meeting that he will be putting sidewalks and gutter in front of both the apartment complexes, as well as the neighbor's property to the south. This will extend the sidewalk and gutter all the way to Pine Street. 2. The applicant shall be providing two trash enclosures so that each four-plex shall have its own trash enclosure. Sanitary Service shall need to approve the trash enclosure locations. 3. The applicant shall also be paving the alley all the way to Pine Street. This will be from the elementary school property to Pine Street. 4. The applicant shall be extending the sidewalk to the end of West 2°d Street. 5. The applicant shall also be putting in a new curb cut with disability access on the Pine Street sidewalk, this will make the ingress and egress much easier for people coming in and out of that area. 6. The applicant also addressed the issue about the window treatment for the ends of the apartment buildings, and that if windows were required to be put in at these locations there would be no head wall for a bedroom layout. ORDER CONDTTIONAL USE PERNIIT (CUP-03-026) PAGE 8 OF 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. 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 perrnit. By action of the City Council at its regular meeting held on the ~ day of J~9~ , 2003. Robert D. Corrie, Mayor City of Meridian \`111111111111//,/~ /' Attest: .~`~~~Cy OF M~Oj~9~~~'''. `~~vor3~ rFa ti _:.,,~ BEAL - ~ - William G. Berg, Jr., City erk ~, .~°° O \~ 9p ~'sr psi ~ .Z` . q ~oQ ,. c ~~~''~~, COUNTY ~ .,~~~~ ~` Copy served upon Applicant, the Planning and City Attorney. By: /LWt~---/~ ~ Dated: U City Clerk tent, Public Works Department 1111111111111 N/lll 111\~~ QF ~~~fOl ~i.~ i \CJ~\2GpPN~.q PF ~~ '. ,p3 Z:\Work\M1Meridian\Ivteridian 15360MVSclvoeder Aparimenis RZ•03-007 CUP-03-026\OrderCUP.d ORDER CONDITIONAL USE PERMIT (CUP-03-026) L - " y~ p,°~ ` 1 =~ 9p ~Sr ts"~ • ,~0\: 9 P ~''~.,,~COUNTY N aO 1\• PAGE 9 OF 9