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Baltic Place MCU-14-006CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EIDIAN�- IDAHO In the Matter of the Request for Conditional Use Permit Modification for Baltic Place, Located at 82 S. Baltic Place in the C -G Zoning District, by L. C. Development, Inc. Case No(s). MCU -14-006 For the Planning & Zoning Commission Hearing Date of: January 15, 2015 (Findings on February 5, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 15, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU -14-006 Page 1 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of January 15, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 1I - 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for modification to the conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of January 15, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-513-617.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-513-617.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.1'.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be fled. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. F. Attached: Staff report for the hearing date of January 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU -14-006 Page 2 EXHIBIT A STAFF REPORT Hearing Date: January 15, 2015 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: MCU -14-006 — Baltic Place I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN 1DAH0 The applicant, L. C. Development, Inc., has applied for a modification to the existing conditional use permit/planned development (CUP -01-015) for Baltic Place Subdivision to change the interior side building setback on Lot 5, Block 1 from 10 feet to 5 feet and separation between buildings from 20 feet to 15 feet. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on January 15, 2015. At the public hearing, the Commission moved to approve the subiect MCU request. a. Summary of Commission Public Hearing: L In favor: Shari Stiles, Applicant's Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Shari Stiles, Applicant's Representative (in agreement with staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: L None c. Key Commission Changes to Staff Recommendation: L None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MCU -14- 006 as presented in the staff report for the hearing date of January 15, 2015, with the following modifications: (Add any proposed modifications.) I further recommend Staff to prepare Findings of Fact and Conclusions of Law & Order for the hearing date of February 5, 2015. Denial After considering all staff, applicant and public testimony, I move to deny File Number MCU -14-006 as presented during the hearing on January 15, 2015, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Baltic Place MCU -14-006 PAGE 1 EXHIBIT A Continuance I move to continue File Number MCU -14-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located southeast of the S. Baltic place/E. Franklin Road intersection at 82 S. Baltic Place, in the northeast'/4 of Section 18, Township 3 North, Range 1 East B. Owner(s): L. C. Development, Inc. P. O. Box 518 Meridian, ID 83680 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit modification. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 29, 2014 and January 12, 2015 C. Radius notices mailed to properties within 300 feet on: December 18, 2014 D. Applicant posted notice on site by: January 4, 2014 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is developed with a mix of office uses and is zoned C- G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: There are existing offices and a parking lot surrounding this site, zoned C -G; and a contractor's yard to the south, zoned I- L. C. History of Previous Actions: In 2001, an annexation and zoning (AZ -01-008) application was approved that included the subject property; a development agreement (Inst. 102090926) was also approved as a provision of annexation. A preliminary plat (PP -01-009) was approved that consisted of 9 commercial buildings lots, 1 residential building lot and 4 other non -building lots. A conditional use permit (CUP -01-015) for a planned unit development was approved in 2001 for mixed use residential/commercial development in the C -G and R-40 zoning districts for Baltic Place Subdivision. • In 2003, a final plat (FP -03-054) was approved for 9 commercial building lots & 3 common lots on 3.11 acres of land in a C -G zoning district, which included the subject property. D. Utilities: 1. Public Works: Baltic Place MCU -14-006 PAGE 2 EXHIBIT A a. Location of sewer: NA b. Location of water: NA c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN This property is designated High Density Residential (HDR) on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allow for the development of multi -family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi -unit structures. For more information, see pg. 21 of the Comprehensive Plan. The existing and future use of this site for commercial uses was deemed consistent with the Comprehensive Plan and approved through a planned unit development (CUP -01-015) in 2001. VIII. UNIFIED DEVELOPMENT CODE The UDC (11 -5B -6G.3) requires modifications to existing conditional use permits to be considered by the Planning and Zoning Commission at a public hearing. The Commission may modify the conditions, limitations and/or scope of the permit, in accord with the limitations and requirements of subsection Fin UDC 11-5B-6. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the conditional use permit (CUP) approved in 2001 for the Baltic Place planned unit development (PUD). The City Council required 10 foot interior side building setbacks on each of the commercial lots with a 20 foot separation between buildings. The applicant requests a reduced interior side setback from 10 feet to 5 feet and reduced separation between buildings from 20 feet to 15 feet for Lot 5, Block 1, Baltic Place Subdivision. The conceptual site plan included in Exhibit A.2 approved with the CUP/PUD shows how the site was proposed to develop. A new site plan was submitted by the applicant with this application, included in Exhibit A.3, which shows how Lot 5, Block 1 is proposed to develop with the modified setbacks. The City Code in effect in 2001 did not require a minimum interior side setback in the C -G zone or separation between buildings; however, based on the International Fire Code (IFC) in effect at that time, the Fire Department requested a greater setback and separation between buildings for fire suppression and protection. The Fire Department has reviewed the applicant's request and determined the reduced setback and separation between buildings meets current IFC and does not object to the modification. Because there does not seem to be a life safety issue with allowing the proposed separation between buildings, staff is supportive of the proposed modification to the CUP/PD as requested by the applicant. Baltic Place MCU -14-006 PAGE 3 EXHIBIT A X. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Conceptual Site Plan 3. Proposed Elevation and Site plan (dated: 11/25/14) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Baltic Place MCU -14-006 PAGE 4 Exhibit A.1: Vicinity Map 729 1005 1005 EXHIBIT A 6d 1250 1 1311 895 1 I 1251 1 149 123 5 195 1250 670 742 760 810 0 602 1300 1151 F.6-- 1239 1167 345 dd0 677701 599 621 633 655 743 870 870 d80 660 890 640 850 540 600 I 700 F- 850 910 729 1005 1005 EXHIBIT A 6d 1250 1 1311 895 1 I 1251 1 149 123 195 1250 1300 1151 1239 1167 345 Baltic Place MCU -14-006 PAGE 5 303 325 347 369 IM EXHIBIT A Exhibit A.2: Approved Conceptual Site Plan 4 isIE ffilf�fif�if� �7� 1 • .. t 1� � i O I i 1 � �� �7� �5�1 CT 1016- P'MM M s� ill: ■uuwor. -- _- � R Baltic Place MCU -14-006 PAGE 6 EXHIBIT A Exhibit A.3: Proposed Elevation and Site Plan (dated: 11/25/14) r r f 9 P �f .���0■.ol oil '.����U ���U� u � an � tS ��-��fU■ ■�UV1 �� tit � �. .�:" .� � { .�r '��0�■ ,` n FRONT ELEVATION Baltic Place MCU -14-006 PAGE 7 • p I�Cfrh: ffpYNrA 0.0 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site, except that Lot 5, Block 1 shall be allowed a 5 -foot interior side setback; a 15 -foot wide separation between buildings. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACRD has no comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Baltic Place MCU -14-006 PAGE 8 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11 -5B -6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the future use and the dimensional & development regulations of the applicable districts (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the planned use of the property is consistent and harmonious with the UDC and Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the existing and future development should be compatible with other commercial uses in the area and should not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the future use on the site will not adversely affect other property in the area. 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, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and nor will they be detrimental to the community's economic welfare. Baltic Place MCU -14-006 PAGE 9 EXHIBIT A 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. The Commission finds the existing and planned use of the site will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Baltic Place MCU -14-006 PAGE 8