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HomeMy WebLinkAboutSchroeder Apartments RZ03-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08-OS-03 IN THE MATTER OF THE REQUEST FOR REZONE OF .165 ACRES FOR SCHROEDER APARTMENTS FROM R-4 TO O-T, LOCATED AT 921 WEST 2xn STREET, MERIDIAN, IDAHO H. JOHN COOK, Applicant. Case No: RZ-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .165 acres having come on for public hearing on August 5, 2003, at the hour of 7:00 o'clock p.m., and Council having received the report of Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Anna Powell Planning Director for the Planning and Zoning Department, John Cook, and John Schroeder, appeazed and testified, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TOO-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 1 OF 19 FINDINGS OF FACT The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to 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 boundazies 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 that 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 hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and Meridian City Code §§11-15-5 and 11-16-1. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately .165 acres in size and is at 921 West 2"a Street, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 2 OF 19 City Hall, 33 East Idaho, Meridian, Idaho. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 5. The owner of record of the subject property is John T. Schroeder and Margaret M. Lezamiz, 3786 S. Suntree, Boise, Idaho 83706. 6. The Applicant is H. John Cook, and the current owners of the subject property have consented to the application filed by the applicant. The property is presently zoned as R-4, and consists of a single family residence which is a run-down older home. The existing structure will be removed and replaced with parking, drainage, landscaping, sprinkler system, lighting, and the four-unit apartment building. The subject property is currently zoned R-4, which does not allow apartment buildings. Therefore, the applicant is also requesting rezone of the property to O-T (Old Town), which requires approval of a conditional use permit for apartments. 8. The Applicant requests the property be rezoned to O-T. 9. The proposed site is bordered to the north by Meridian Elementary School, zoned R-4, the south by multi-family residential, zoned R-4, and to the east and west by single- family residential, zoned R-4. 10. The subject property is within the Area of Impact of the City of Meridian. 11. The entire pazcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: afour-unit two story apartment complex with four single gazages and four open parking spaces. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 3 OF 19 13. The Applicant's requested rezoning of the subject real property as O-T is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Old Town. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appeazance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 4 OF 19 property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The applicant shall maximize the number of trees on the site, as determined by P&Z staff, and increase the minimum caliper size from 2" to 2 ''h" to mitigate for trees recently removed from the site to accommodate the proposed project. 2. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2"d Street abutting the parcel. The applicant is proposing to construct curb, gutter and sidewalk improvements from the frontage of the project to the centerline 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 turnazound easement over the parking area for the apartment complex FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 5 OF 19 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 neazest street and abutting the pazcel. 6. Reconstruct the alley intersection with Pine Avenue; the back-of--curb radius may be less than 15-feet when it is impractical to remove the 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. Pazking 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 azea 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 2nd 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 in the District's June 25, 2003 report. C. 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. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 6 OF 19 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 turn around. Approved as submitted. 6. Dumpster must be located 5' from any combustible construction. D. Adopt the Recommendations of the Water Department as follows: The water service line to this property will need upgraded. E. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 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. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. 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 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. G. Adopt the Recommendations of Sanitary Service Company as follows: Waste services for Schroeder Apartments aze to be provided on 2nd Street with an enclosure large enough to accommodate 6 to 8 95 gallon carts, or as otherwise approved by SSC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ•03-007) PAGE 7 OF 19 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 2nd Street. 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. 16. It is found that the requested zoning designation of O-T is harmonious with and in accordance with the effective Comprehensive Plan (02') and Future Land Use Map which designates 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". 17. It is not anticipated that the applicant intends to rezone the subject property again in the future, and the proposed re-zone and accompanying development plans comply with the requested zone. 18. It is found that the applicant has submitted detailed development plans for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TOO-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (12z-03-007) PAGE 8 OF 19 Conditional Use Permit for the property. It is further found that the proposed 4-plex apartment use will only be allowed with the approval of a Conditional Use Permit in the proposed O-T zone. 19. It is found that the recent adoption of the City's new Comprehensive Plan has provided the applicant with the ability to request the O-T zone for the subject property. The lot to the south also has an existing 4-unit apartment building on it. 20. It is found that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood and intended chazacter of the area. The existing building(s) will be removed from the site. 21. It is found that the requested rezone should not be disturbing to existing or future neighboring uses. Through the comp plan process, the City determined that compact, infill development was an appropriate use for the azea. Any future use of the property that will have a significant impact on the properties will require conditional use approval, and adjoining property owners will have an opportunity to comment. It is anticipated that the proposed apartment use will not be hazardous or disturbing to the neighboring uses. 22. It is found that the proposed uses can be served adequately by all essential public services and facilities. Drainage will need to be retained on site. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone will not be detrimental to the community's economic welfare. 24. It is found that the proposed O-T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 9 OF 19 conditions that aze detrimental to the general welfare of the community. 25. It is found that the proposed O-T zoning will not interfere with general traffic patterns on any public streets. Review of the revised ACHD report, dated June 24, 2003, will provide a full report on traffic issues. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. It is apparent from an aerial photo of the site that several significant trees were removed from the site prior to submitting this application. It is recommended that the applicant be required to maximize the number of new trees on site and increase the size of the trees from 2" minimum to 2 %z minimum to help meet the intent of Ordinance 12-13-13-6. 27. It is also found that the proposed rezone would be in the best interest of the City by allowing a property owner to make improvements to the property for re-development that would otherwise not be allowed without the rezone. 28. 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 The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State: 2. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 10 OF 19 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Old Town District, (O-T) is defined in the Zoning Ordinance at 11-7-2 L as follows: (L-O) Old Town District: The purpose of the OT District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The District shall be served by the Municipal water and sewer systems of the City. Development in this District must give attention to the handling of high volume of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TOO-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE Il OF 19 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of--way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundazies are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundazie5 are so indicated that they are approximately pazallel to the centerlines or street lines of streets, or the centerlines or right-of--way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 12 OF 19 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (R7r03-007) PAGE 13 OF 19 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: The Applicant's request for rezone of .165 acres as a four-unit two story apartment complex with four single garages and four open parking spaces, is subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The applicant shall maximize the number of trees on the site, as determined by P&Z staff, and increase the minimum caliper size from 2" to 2 %" to mitigate for trees recently removed from the site to accommodate the proposed project. 2. All construction shall conform to the requirements of the Americans with Disabilities Act. B. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Construct rolled curb, gutter, 5-foot wide concrete sidewalk and match paving on West 2nd Street abutting the parcel. The applicant is proposing to construct curb, gutter and sidewalk improvements from the frontage of the project to the centerline 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 14 OF 19 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 turnaround 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. 6. Reconstruct the alley intersection with Pine Avenue; the back-of--curb radius may be less than 15-feet when it is impractical to remove the 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. Pazking 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 pazking stalls that take access to West 2"a 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 in the District's June 25, 2003 report. C. 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 of400' apart. 1997 UFC Appendix III-A An additional Fire Hydrant will be required to be installed at West Second and Pine. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 15 OF 19 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 locations will be submitted to the Public Works for plan review. 4. Operational fire hydrants and temporary or permanent street signs aze 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 turn around. Approved as submitted. 6. Dumpster must be located 5' from any combustible construction. D. Adopt the Recommendations of the Water Department as follows: 1. The water service line to this property will need upgraded. E. Adopt the Recommendations of Central District Health Department as follows: 1. 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. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. 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 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. G. Adopt the Recommendations of Sanitary Service Company as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TOO-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 16 OF 19 Waste services for Schroder Apartments aze to be provided on 2nd 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 aze for clazification: 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 azea. 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. 3. The City Attorney shall prepaze for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (O-T) Old Town District (Meridian City Code § 11-7-2 L) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TOO-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 17 OF 19 mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. 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 fmal 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 may be adversely affected by this decision 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 d~t' ~, 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TOO-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-007) PAGE 18 OF 19 COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT CORRIE (TIE BREAKER) DATED: ~ ~J-O3 MOTION: APPROVED: DISAPPROVED: D. Corrie Attest,:/ \,.~`~y OF MER/p~ ./G 'ice ~ .~. /~. ~ , ,~ ~ \~oaPO~ Teo ~G G. Berg, Jr., City Copy served upon Applicant, the and the City Attorney. SEAL 9 n~ City Clerk Public VOTED~ic_. VOTED g-~~-03 Z:\WorklMlMeridianN9eridian 15360M\Schroeder Apartments RZ-03-007 COP-03-0261PfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .165 ACRES FROM R-4 TO O-T BY: H. JOHN COOK FOR SCHROEDER APARTMENTS - / (RZ-03-00~ PAGE 19 OF 19 COUNTY Irrhrrrnl nllll \`,IIt 1111111 1111111/1 /// ~'\~GpliPOrZq ~~Q ~/ J~%~ SEAL ~ ~~' o :~ ;,,,~ CoUNN ~o`,,,,.~ 111f/I rl ltll Illltl~~"`