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HomeMy WebLinkAboutUS West Communications CUP-00-037BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE ) APPLICATION OF US WEST ) COMMUNICATIONS, FOR A ) CONDITIONAL USE PERMIT ) FOR EXPANSION OF AN ) EXISTING BUILDING FROM ) 5,715 SQ. FT. TO 8,289 SQ. FT., ) IN AN OT ZONE, LOCATED AT ) THE NORTHEAST CORNER OF ) MERIDIAN STREET AND IDAHO ) AVENUE, MERIDIAN, IDAHO ) ) Case No. CUP-00-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City CoUncil for public heating on August 1, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Metidian, Idaho, upon the Findings of Fact and Contusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public heating and having heard and taken oral and written testimony, and Shati Stiles, Planning and Zoning Administrator, appeared and testified at ~he heating, and no one appeared in opposition, and having dttly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Contusions of Law and Recommendation to City Council, and the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 of 12 USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-00-037 having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (c) That upon the granting of a special use permit, conditions may be attached to a special use permit, induding, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-00-037 Page 2 of 12 off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, ! 994. 5. Prior to granting a conditional use permit in a Old Town (O-T) zone, 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, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 12 USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS/CUP-00-037 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." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 1, 2000, 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 said August 1, 2000, public hearing; and the Applicant, affected proPerty owners, and govemment subdivisions providing services within the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-00-037 Page 4 of 12 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 67-6512; 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. Council talces judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629- January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at the northeast comer of Meridian Street and Idaho AvenUe, Meridian, Idaho. The owner of record of the subject property is US West Communications of Montana:. 6. Applicant is Hutchison Smith Architects of Boise. 7. The subiect property is currently zoned O-T. The zoning district of O-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-00-037 Page 5 of 12 8. The proposed application requests a conditional use permit for expansion of an existing building from 5,715 sq.ft, to 8,289 sq.ft.. 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 requested conditional use is described in the "SITE / FLOOR PLAN, U S WEST MERIDIAN, Location Name: Meridian, Idaho, Address: 340170, Project: Building Addition, Date: 5-26-00, Sheet No.: A-O, by: HSA Hutchison Smith Architects, P.A.", for U S West Communications, developer, for the expansion of an existing building from 5,715 sq. ft. to 8,289 sq. ft., located at the northeast comer of Meridian Street and Idaho Avenue, Meridian, Idaho, and which property is described as: The North 68.83 feet of Lots 1, 2, & 3 and all of lots 4, 5, 7, & 8 of Block 3, of the original Meridian Townsite in Government Lot 3, Section 7, T.3N., R. 1E, BM, Ada County, Idaho. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-00-037 Page 6 of 12 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found 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. 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-O0-037 Page 7 of 12 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 19. Sufficient parking for the proposed use of the property will be provided. 20. : The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for expansion of an existing building from 5,715 sq. ft. to 8,289 sq. ft., located at the northeast comer of Meridian Street and Idaho Avenue, Meridian, Idaho, and described in the "SITE / FLOOR PLAN, FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-O0-037 Page 8 of 12 U S WEST MERIDIAN, Location Name: Meridian, Idaho, Address: 340170, Project: Building Addition, Date: 5-26-00, Sheet No.: A-O, by: HSA Hutchison Smith Architects, PA.", for U S West Communications, developer, for the development of the aforementioned project, and which property is described as: The North 68.83 feet of Lots 1, 2, & 3 and all of lots 4, 5, 7, & 8 of Block 3, of the original Meridian Townsite in Government Lot 3, Section 7, T.3N., R. 1E, BM, Ada County, Idaho. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 2.1 Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 2.2 2.3 Paving and striping shall be in accordance with the standards set forth in Sections 1 1-13-4.D. and 1 1-13-4.E. of 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 shall be required and shall be submitted to the City £ngineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1- 13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS/CUP-00-037 Page 9 of 12 2.5 2.6 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. All construction shall conform t© the requirements of the Americans with Disabilities Act. 2.7 Sanitary sewer and water service to the new building addition shall be provided by extending services from the existing mains installed adjacent to the subject site. 2.8 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage· 2.9 Applicant is proposing to add two (2) new Honey Locust street trees that shall be placed in new tree wells cut into the existing sidewalk along Meridian Road. Staff :supports the proposed locations. However, a License Agreement with ACriD shall be obtained prior to issuance of a building permit to allow locating trees in their right-of-way. 2.10 All landscaping shall be served with underground sprinkling systems. Applicant shall provide landscape irrigation details with the building permit application. Irrigation in the right-of-way shall also be included in the ACriD License Agreement. 2.11 Applicant shall clarify the height and block type for the new masonry screen walls located at the west entrance on Meridian Road and the fuel tank screen wall on the south side of the building. 2.12 The Site Plan shows a 7-foot high chainlink gate with vinyl slats situated approximately 20 feet east of the sidewalk between the library and the new addition. The gate shall be constructed of decorative steel or iron. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS/CUP-O0-037 Page 10 of 12 3. 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 conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pUrsuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit 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 Codel By action of the City Council at its regular meeting held on the of ~'~ , 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-00-037 Page 11 of 12 ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED COUNCILMAN deWEERD VOTED COUNCILMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI~R) DATED: ~9_//~-'.. 0 0 MOTION: APPRO~ VOTED .DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Dated: Department and City Attomey. By: ~~~~ ,~ City Clerk d' /' msg/Z:\WorkXMXMeridian 15360M~US West Comm CUP037XCUPFfClsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / US WEST COMMUNICATIONS / CUP-00-037 BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE ) APPLICATION OF US WEST ) COMMUNICATIONS, FOR A ) CONDITIONAL USE PERMIT FOR ) EXPANSION OF AN EXISTING ) BUILDING FROM 5,715 SQ. FT. TO ) 8,289 SQ. FT., IN AN OT ZONE, ) LOCATED AT THE NORTHEAST ) CORNER OF MERIDIAN STREET ) AND IDAHO AVENUE, MERIDIAN, ) IDAHO ) CASE NO. CUP-00-037 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1 st day of August, 2000, 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: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proPosed application request of a conditional use permit for the operation of a cornfield maze, described in the "SITE / FLOOR PLAN, U S WEST MERIDIAN, Location Name: Meridian, Idhao, Address: 340170, Project: Building Addition, Date: 5-26-00, Sheet No.: A-O, by: HSA Hutchison Smith Architects, P.A.", for U S west Communications, developer, for the development of the aforementioned project, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 U S WEST COMMUNICATIONS / CUP-00-037 The North 68~83 feet of Lots 1, 2, & 3 and all of lots 4, 5, 7, & 8 of Block 3, of the original Meridian Townsite in Government Lot 3, Section 7, T.3N., R. 1E, BM, Ada County, Idaho. 2. That the above named applicant is granted a conditional use permit for the expansion of an existing building from 5,715 sq. ft. to 8,289 sq. ft., located at the northeast comer of Meridian Street and Idaho Avenue, Meridian, Idaho, subject to the following conditions of use and development: AdoPt the Recommendations of Planning and Zoning and Engineering staff as follows: 2.1 2.2 2.3 2.4 2.5 2.6 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-sPecific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 1 1-13-4.D. and 1 1-13-4.E. of 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 shall be required and shall be submitted to the City Engineer (Ord. 557, 10-1- 91 ) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section I 1-13-4.C. All signage shall be in accordance with the standards set forth in Section 11-14 of thb City of Meridian Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 U S WEST COMMUNICATIONS / CUP-00-037 2.7 Sanitary sewer and water service to the new building addition shall be provided by extending services from the existing mains installed adjacent to the subject site. 2.8 2.9 2.10 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. Applicant is proposing to add two (2) new Honey Locust street trees that shall be placed in new tree wells cut into the existing sidewalk along Meridian Road. Staffisupports the proposed locations. However, a License Agreement with ACHD shall be obtained prior to issuance of a building permit to allow locating trees in their right-of-way. All landScaping shall be served with underground sprinkling systems. Applicant shall provide landscape irrigation details with the building permit application. Irrigation in the right-of-way shall also be included in the ACHD License Agreement. 2.11 Applicant shall clarify the height and block type for the new masonry screen wallSlocated at the west entrance on Meridian Road and the fuel tank screen wall on the south side of the building. 2.12 The Site Plan shows a 7-foot high chainlink gate with vinyl slats situated approximately 20 feet east of the sidewalk between the library and the new addition. The gate shall be constructed of decorative steel or iron. 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.' ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 U S WEST COMMUNICATIONS / CUP-00-037 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By actio ouncil at its regular meeting held on the /~ ~ day of ~o~ D. (~orrie,-Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:~~A~ (~ ~t~'Cletk ' ~' ~' Dated: msg/Z:\WorkLMLMeridian 15360M~US West Comm CUP037\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4 U S WEST COMMUNICATIONS / CUP-00-037