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HomeMy WebLinkAboutTroy Palmer TriPlex CUP 03-038interoffice MEMORANDUM RECEIVED To: William G. Berg, Jr. From: William F. Nichols (3CT 0 9 2003 Csty Of Meridian City Clerk Offiee Subject: BY: TROY PALMER FOR CONDITIONAL USE PERMIT FOR TROY PALMER TRI-PLEX IN AN R-15 ZONE File No.: CUP-03-038 Date: September 22, 2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Wark\M1Meridian\Meridian I5360M\Troy Palmer Tri-Plea CUP-03-038\CIkLtrCUPffclsffiArder 10 09 03.dac BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/07/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A TRI-PLEX IN AN R-15 ZONE, LOCATED AT 1236 EAST 2 '/z STREET, MERIDIAN, IDAHO TROY PALMER, APPLICANT Case No. CUP-03-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on October 7, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Troy Palmer, 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 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 October 7, 2003, before the City Council, the first publication appearing and written notice having been mailed to property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTT PAGE 1 OF 17 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 considerafion 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 October 7, 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-15 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 1236 East 2'/z Street, Meridian, Idaho, and the parcel is in the city. 5. The owner of record of the subject property is Troy Palmer, 655 E. King Street, Meridian, Idaho 83642. 6. Applicant is Troy Palmer, PPN, LLC, 655 E. King Street, Meridian, Idaho 83642. 7. The subject property is currently zoned R-15 (Medium High Density Residential). The zoning district of R-15 is defined within the City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTP PAGE 2 OF 17 Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit to convert an existing single-family home into amulti-family residence (Apartment House) in an R-15 zone. Within the context of the zoning ordinance, a tri-plex is considered an apartment house. The site lies within the R-15 zone, and apartment houses aze a conditional use in the R-15 zone. In addition to converting the existing home into an apartment house, the site will be re-developed to include anew driveway off 2 '/x Street and additional off-street parking. The applicant has submitted a preliminary/fmal plat application to subdivide the site into 2-buildable lots. (A separate staff report will be prepazed for the PFP application.). The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit for Apartment Houses (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as High Density Residential. 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, Subdivisiori and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 3 OF 17 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north property line, for the required site landscaping. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate ofZoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of two-inch (2") caliper in size. 2. Parking stalls and drive aisles shall be provided in accordance with Meridian City Code, unless a variance is approved by the City Council. 3. All parking and azeas of circulation (including a minimum 5-foot back-up area for the northeastern most parking stalls) shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. STANDARD CONDITIONS OF APPROVAL 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standazds set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days nofice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 17 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking azeas. Stormwater 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall orsight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11- 12-1C. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior fo obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parking stall for given unit. 1994 UFC Table III A & B 2. Premises Identification. All numbers or addresses shall be 6" high and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 17 3. All downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of 2. UFC 901.4.4 D. Adopt the Recommendations of the Water Department as follows: There is an existing 5/8 x'/"meter that may need upgraded to supply enough water to each unit. E. Adopt the Recommendations of the Ada County Highway District as follows: If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. F. Adopt the action of the City Council taken at their October 7, 2003 meeting as follows: For clarification on the fence issue, the buffer fence on the north boundary, if it is a solid "closed vision" fence, shall not exceed three feet in height within the front setback area. This will eliminate obstruction of vision while backing out of the driveway. 2. Pertaining to the alternative compliance, the applicant still needs to paythe additional fee which is associated with the alternative compliance application review. 13. The applicant has proposed a new 15-foot wide driveway that will access parking on the west (2 spaces) and north (4 spaces) of the existing home. The two proposed parking stalls nearest 2 % Street (west) are 9' x 19'. Two of the parking stalls on the north side of the site are proposed within the existing garage (garage is 21' x 20') with 24' of back of space. The remaining two unsheltered stalls are 9' x 20' with a 1 S wide drive aisle. Meridian City Code (MCC) requires a 25' wide drive aisle and pazking stall dimensions of 9' x 19'. It is found that the subject site is large enough to accommodate the required yards, parking and other required features required by the Zoning Ordinance, with the exception of the drive aisle width and landscaping along the south property line. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERNIIT PAGE 6 OF 17 property line, for the required site landscaping . (NOTE: Due to the proximity of the existing structures to 2 %z Street, the Fire Department does not need to use the proposed 15' wide drive isle to service this site, they can use 2 '/z Street. However, if additional structures are placed further east of 2 %z Street on the site the applicant will need to satisfy the Fire Department's requirements for serviceability. ) 14. It is found that the proposed apartment house is harmonious with the current Comprehensive Plan Land Use Map (2002) which designates the property as "High Density Residential". It is also found that the development plan is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the subsequent Site-Specific and General Requirements. (See Comprehensive Plan Analysis for more detailed analysis.) 15. It is found that the proposed apartment house will be compatible with other uses in the neighborhood and with the intended chazacter of the general vicinity, with is esstentially a mix of residential and commercial uses. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. 16. It is not anticipated that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site-Specific conditions of approval and city ordinances. 17. It is found that the subject site has adequate access to Fairview Avenue and Main Street via local streets in the area. The City of Meridian Fire and Police Deparhnents currently monitor, service and protect the subject neighborhood. Sanitary Services, Inc. currently provides refuse service to the site and surrounding properties. The site currently is serviced by city water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 7 OF 17 and sewer. It is found that the proposed development is cunrently adequately served by the essential public facilities and services. 18. Because this is an infill site, and due to the fact that public facilities are provided to the site and the surrounding vicinity currently, it is found that the proposed use will not be detrimental to the economic welfare of the community, nor will it create the need for any new facilities or services to be paid for by the public. 19. The proposed use is consistent with the existing residential use on the site. It is not anticipated that the proposed, denser use, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed residential use. 20. The applicant is proposing to construct a new 15' wide driveway off East 2 %z Street, located near the site's north property line. It is found that the proposed use and associated approach will not create significant interference with any traffic on the sun-ounding public streets. 2 L It is not found that any natural, scenic or historic features will be lost, damaged or destroyed by issuance of this conditional use. Further, the applicant is not proposing to demolish any structures or modify any of the natural built environment with the submitted application. It is found that no site improvements associated with the conditional use application should damage natural, scenic or historic features in the area. 22. The City Council recognizes the concerns of Tom Stevens, an adjacent property owner, expressed at the Planning and Zoning public hearing on September 4, 2003 meeting. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 8 OF 17 1. 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 Counci] 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 aze 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 chazacter of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 17 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 surrounding 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 R-15 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 pennit 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 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 10 OF 17 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMTI' PAGE 11 OF 17 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit to convert an existing single-family home into amulti-family residence (Apartment House) in an R-15 zone, located at 1236 East 2 'h Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north property line, for the required site landscaping. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of two-inch (2") caliper in size. 2. Parking stalls and drive aisles shall be provided in accordance with Meridian City Code, unless a variance is approved by the City Council. 3. All pazking and areas of circulation (including a minimum 5-foot back-up area for the northeastern most parking stalls) shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 17 STANDARD CONDITIONS OF APPROVAL 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed azchitect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in acwrdance with Ordinance 11-12-1C. 6. A Certificate ofZoning Compliance shall be obtained prior to applying for a building permit. 7. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10: As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 17 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parking stall for given unit. 1994 UFC Table III A & B 2. Premises Identification. All numbers or addresses shall be 6"high and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4 3. All downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of 2. UFC 901.4.4 D. Adopt the Recommendations of the Water Department as follows: There is an existing 5/8 x'/<" meter that may need upgraded to supply enough water to each unit. E. Adopt the Recommendations of the Ada County Highway District as follows: If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. F. Adopt the action of the City Council taken at their October 7, 2003 meeting as follows: For clarification on the fence issue, the buffer fence on the north boundary, if it is a solid "closed vision" fence, shall not exceed three feet in height within the front setback area. This will eliminate obstruction of vision while backing out of the driveway. 2. Pertaining to the alternative compliance, the applicant still needs to paythe additional fee which is associated with the alternative compliance application/review. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 14 OF 17 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 (IS) 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. hi 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 aze not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 17 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 condifional 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 VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc LANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 16 OF 17 MOTION: APPROVED: DISAPPROVED: Mayor Robert D. Come Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: Z:\Work\Ivl\Meridian\Ivleridian 15360M\Troy Palmer Tri-Plex CUP-03-038\PfC1s CUP-D3-038.dac FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 17 OF 17 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/07/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A TRI-PLEX IN ) AN R-15 ZONE, LOCATED AT 1236 ) EAST 2 `/z STREET, MERIDIAN, ) IDAHO ) TROY PALMER, ) APPLICANT ) Case No. CUP-03-038 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on October 7, 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 convert an existing single-family home into amulti-family residence (Apartment House) in an R-15 zone located at 1236 East 2 %z Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant has submitted a revised site/landscape plan showing the proposed alternative compliance, including a fence along the north property line, for the required site landscaping. ORDER CONDTTIONAL USE PERMIT (CUP-03-038) PAGE 1 OF 6 B. Adopt the Recommendafions of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of two-inch (2") caliper in size. 2. Parking stalls and drive aisles shall be provided in accordance with Meridian City Code, unless a variance is approved by the City Council. 3. All parking and areas of circulation (including a minimum 5-foot back-up azea for the northeastern most parking stalls) shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. STANDARD CONDITIONS OF APPROVAL 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties orrights-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater 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 ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. ORDER CONDITIONAL USE PERNIIT (CUP-03-038) PAGE 2 OF 6 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall orsight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11- 12-1 C. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 7. A building permit shall be obtained prior to the start of constnrcfion 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parking stall forgiven unit. 1994 UFC Table III A & B 2. Premises Identification. All numbers or addresses shall be 6" high and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4 3. All downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of 2. UFC 901.4.4 D. Adopt the Recommendations of the Water Department as follows: There is an existing 5/8 x'/<" meter that may need upgraded to supply enough water to each unit. ORDER CONDTl'IONAL USE PERMIT (CUP-03-038) PAGE 3 OF 6 E. Adopt the Recommendations of the Ada County Highway District as follows: 1. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. F. Adopt the action of the City Council taken at their October 7, 2003 meefing as follows: For clarification on the fence issue, the buffer fence on the north boundary, if it is a solid "closed vision" fence, shall not exceed three feet in height within the front setback area. This will eliminate obstruction of vision while backing out of the driveway. 2. Pertaining to the alternative compliance, the applicant still needs to pay the additional fee which is associated with the alternative compliance application review. 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 permit. 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 ORDER CONDTrIONAL USE PERMIT (CUP-03-038) PAGE 4 OF 6 completion date for the project. If the wmpletion 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 conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 may be adversely affected by this decision may, within twenty- ORDER CONDITIONAL USE PERNIIT (CUP-03-038) PAGE 5 OF 6 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 regulaz meeting held on the day of 2003. Attest: Robert D. Come, Mayor City of Meridian William G. Berg, Jr, City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: Z:\WorkVvPMaidianVviaidian 15360NDTroy Patna Tri-Plea CUP-03-038\OrderCUP.doc ORDER CONDITIONAL USE PERNIIT (CUP-03-038) PAGE 6 OF 6