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Cobblestone Village CUP 99-005 -It e BEFORE THE MERIDIAN CITY COUNCIL 12-08-99 IN THE MATTER OF THE ) APPLICATION OF STAMAS ) CORPIIONIC ENTERPRISES, INC. ) FORA CONDITIONAL USE ) PERMIT FOR A MUL TI~FAMIL Y ) 96-UNIT APARTMENT ) COMPLEX (COBBLESTONE ) VILLAGE) LOCATED 1475 E. ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) Case No. CUP-99-005 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 on November 3, 1999, and Shari Stiles appeared and testified, and the matter was continued until November 16,1999, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and Joann Butler and Bryce Peterson, appeared and testified on behalf of the Applicant, and appearing in opposition of the application were: Alan Fox and Ernie Robertson, and additionally having held the application to December 7,1999, to enable Ordinance No. 848 the annexation and zoning ordinance for the subject parcel to take affect, and the City Council 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 1 e e 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 November 3, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings 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 November 3, 1999, public hearing; and the Applicant, affected property owners, and goverrunent 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 67-6512; and &&11-2-416E and 11-2~418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 2 e e Development Ordinances codified at Title 11 Municipal Code of the City of Meridian 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 1475 E. Franklin Road, Meridian, Idaho. 5. The owner of record of the subject property is Monte C. McClure of 1475 E. Franldin Road, Meridian. 6. Applicant is Stamos Corp.lIonic Enterprises of 1 Sierra Gate Plaza, 3558 Roseville, California. 7. The subject property is currently zoned Meridian High Density Residential (R~40). [City of Meridian Zoning and Development Ordinance, Section 11-2-408(B,6)]. 8. The Applicant and owner of the property, IONIC ENTERPRISES, INC., seeks to be granted a conditional use permit for construction and development of a 96 unit apartment complex, located at 1475 E. Franklin Road, Meridian, Idaho. The requested conditional use is described in the Site Plan dated (stamped) AUG 25 1999, Drawn: JTB, Project 9834, File No.: 9834Al_0, SHEET Al.O, 'TAMURA & ASSOCIATES, COBBLESTONE VILLAGE, for the development of the aforementioned projects and which property is described hereinbelow to~wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 3 e e A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89046'18" West 2,654.20 feet; thence South 00031'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89041'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00058'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046' 18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. 9. The City Council takes judicial notice that the real property which is the subject of this application was the subject of an application for annexation and zoning in Case entitled "In the Matter of the Application of Stamas Corporation/Ionic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 4 e e Enterprises, Inc., the Application for Annexation and Zoning of 6.15 acres for Cobblestone Village at the Southwest Corner of Locust Grove and Franldin Road, Meridian, Idaho, Case No. AZ~99-005", in which certain Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoningl6.15 acres for Cobblestone Village at the Southwest Corner of Locust Grove and Franklin Road were entered on the day of November, 1999. 10. The City Council takes judicial notice that the real property which is the subject of this application, and is pursuant to the City Council action in Case No. AZ.99~005 as a part of its Decision and Order therein, and the subject of a Development Agreement, which the City, by authority of the City Council action in Resolution No. 268, and the Applicant duly entered into. 11. The project is proposed as a conditional use, and through the City's Staff and Planning and Zoning Commission, will set a number of conditions of .approval to ensure that any potential detrimental element (such as lights) will not be excessive, and will be minimized. The proposed application requests a conditional use permit for a multi-family 96 unit apartment complex. The R-40, High Density Residential District, zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained. In addition a conditional use permit is required as the property is in a Mixed Planned Use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 5 . . Development area under the Meridian Comprehensive Plan. (Meridian City Zoning and Development Ordinance, Section 11~2A09). 12. The Applicant proposes to develop the subject property in the following manner: the construction and development of a 96-unit apartment complex, to include: 6 one bedroom units, 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units, with a density of 15.6 units per acre, parking of 192 spaces with 6 handicap accessible parking spaces, with the following setbacks: REQUIRED PROPOSED Front Rear Side Street Side 20' 15' 0' 20' 35' (Franldin) IS' 15' 20' 13. The City Council finds that the application is not in conflict with the Comprehensive Plan and does hereby adopt Findings of Fact nos. 15, 16, 17, 19, 20,21,22,23,24,25,28 and 29 in Case No. AZ-99-005, and references the same as if stated herein at length. 14. Residence of the South Locust Grove and Franldin Road intersection area were concerned with the effect of the additional traffic generated by the proposed project to the intersection of South Locust Grove and Franldin Roads, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE ~ 6 e e which the City Council finds can be minimized by the inclusion of the conditions herein imposed. 15. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, the public facilities and services required by the proposed development will not impose expense upon the public if the 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 and given the record in this matter to minimize the adverse impact of this development application upon other development in the area, and giving consideration to the Council's ability to also impose conditions to control the sequence, timing, duration, and maintenance of the proposed development, the following are found to be reasonable terms and conditions of the granting of this application for conditional use permit as follows: Adopt the Meridian Fire Department's Recommendations as follows: 15.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 7 e e 15.2 Appropriate fire hydrants shall be added throughout the complex. 15.3 Applicant shall install appropriate fire sprinlding systems. 15.4 Basement of the brick building shall be constructed with a sprinlding system and the appropriate number of exits. Adopt the Meridian Water Department Recommendations as follows: 15.5 The water main shall be extended to east property boundary on Franklin Road. Adopt the Central District Health Department Recommendations as follows: 15.6 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. 15.7 Run-off is not to create a mosquito breeding problem. 15.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 15.9 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 15.10 Requires all laterals and wasteways be protected. 15.11 All municipal surface drainage shall be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 8 e e 15.12 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 15.13 The Developer must contact the N amp a & Meridian Irrigation District for approval before any encroachment or change of right-of~way occurs. Developer must comply with Idaho Code & 31-3805. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.14 15.15 15.16 15.17 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5~ 7 -517 . Wells may be used for non~domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with Section 11-2-414 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 11-2-414.DA and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 9 e . 15.18 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on~site. 15.19 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 15.20 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.21 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11~9-606.B. 15.22 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.23 As stated in the 7-6~99letter from Department of Water Resources Stream Protection Specialist M. Gene Gibson to Shari Stiles, separate permits will be required from IDWR and Corps of Engineers before any activity can take place below the high water mark of Five Mile Creek. The N amp a Meridian Irrigation District (NMID) also requires separate permits prior to any construction. It appears from the revised Site Plan that the NMID~required 30-feet right-of- way from the Five Mile Creek centerline is protected and no building activity will occur below the high water mark. Applicant must confirm this and submit compliance letters from said agencies. 15.24 Applicant must submit ten (10), 8 V2" x 11" copies of building elevations for the proposed Buildings "c" and "D" prior to the 9-14-99 P&Z Commission hearing. To date, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 10 15.25 15.26 15.27 15.28 e e elevations have been received only for Buildings "A" and "B." The blueprint elevations submitted to P&Z Department on 8-26-99 also include a proposed Building "E" but no "E" is represented on the Site Plan. Please clarify . We recommend the proposed landscaping along the south boundary be incorporated with a berm at least three-feet (3') in height to provide for maximum sound barrier. Given the variance of buffer widths along this boundary line (i.e. from 16' in the center to 36' at Building "B"), the berm height and width could also vary with the buffer to provide a more integrated appearance. The proposed height of Building "D" is approximately 33 feet. The actual height of the buildings from finished grade to roof-line peal( as viewed from the south shall be no more than two (2) story. We request further detail and representation at the hearing on the actual height of the buildings from finished grade to roof~line peak as viewed from the south (Le., the 21/2-StOry versus 3-story appearance) . Assuming an above-ground height difference of 8~ 1 0 feet between Buildings A-C and Building D, staff recommend the Applicant relocate both Building "D's" to the current location of Building "B" on the west boundary and move Building "B" to the south boundary. This is to minimize the view obstruction to the south properties. The proposed parldng layout will result in a "sea of asphalt" appearance given the absence of any landscape islands or landscape bump~outs. The applicant shall revise plan to incorporate a visual break in the form of landscaping or other feature (i.e. benches or artwork) for at least every fourteen (14) adjacent parldng stalls. Staff would support the relocation of trees from the west or east buffer area to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 11 15.29 15.30 15.31 . e the parking areas since the number of proposed trees on the site is nearly double the ordinance requirement (57 required and 120+ shown). Note, though, that the landscaping represented on the final plan approved by the City Council for the CUP may not be reduced. The Site Plan currently shows 192 parking stalls on site, which is the minimum number required by the Zoning & Development Ordinance for a 96wunit complex. In order to accommodate the recommended parking lot landscaping revision, staff calculate that a minimum of four (4) stalls will need to be omitted. Staff recommend the Applicant propose a revised plan to meet this internal landscaping requirement and that the Commission and Council grant Staff authority to negotiate the final parking design. The Applicant may need to reduce the total number of dwelling units to accommodate this requirement. The garage which is located in the existing structure which is depicted on the Cobblestone Village Site Plan Al.0, File Tamura &Associates, Project No. 9834, received City of Meridian City Clerk's office on August 25, 1999, as "1 STORY BRICK WITH BASEMENT" shall be occupied and used asa maintenance facility for the development to house equipment and operations required for the repair and maintenance of all common areas of the development. There shall be no on site parking of commercial or recreational equipment or vehicles. Adopt the Ada County Highway District's Recommendations as follows: 15.32 Dedicate 48~feet of right-of~way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 12 . - 15.33 Dedicate 48~feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15.34 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits) . 15.35 Construct a 24-foot wide driveway on Franldin Road, located approximately 340~feet west 01 Locust Grove Road. The driveway shall be signed to control left turns. The design and sight distance should be reviewed and approved by Development Services staff. 15.36 Construct a 24-foot wide driveway on Locust Grove Road, located approximately 3 IS-feet south of Franldin Road. 15.37 Pave the driveways their full width and at least 30-feet beyond the edge of a pavement of Locust Grove Road and Franklin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 15.38 Construct a 5~foot wide detached concrete sidewalk on Franklin Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Franldin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 15.39 Construct a 5~foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Coordinate the location, elevation and 2rade of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 13 e __ 15.40 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 15.41 Other than the access points specifically approved with this application, direct lot or parcel access to Locust Grove Road or Pranldin Road is prohibited. The Meridian Planning and Zoning Commission offered the following recommendations: 15.42 The two buildings identified as "D" type buildings shall be reduced to two story buildings. 15.43 The unimproved right~of-way shall be maintained at the expense of the developer. 15.44 The applicant shall comply with all conditions and requirements imposed by the Ada County Highway District for this development. 16. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Pact no. 15 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 uses will not change the intended essential character of the same area. 17. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 18. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 14 e e adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 19. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 20. The uses 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. 21. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code & 67-6512 provides in part that: (A) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - IS e . (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, 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 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 S 11~2-418 Municipal Code and which Section provides at & 11-2-418 C, for the General Standards applicable to all conditional uses which are: 2.1 Will, in fact, constitute a conditional use as determined by City policy; 2.2 Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 2.3 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 16 e . 2.4 Will not be hazardous or disturbing to existing or future neighboring uses; 2.5 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 he person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; 2.6 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; 2.7 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; 2.8 Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and 2.9 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. and S 1l~2~418 H 2 provides as follows: 2.10 Upon granting of a conditional use permit, conditions may be attached to a conditional use permit including, but not limited to, those conditions which: 2.10.1 Minimize adverse impact on other development; 2.10.2 Control the sequence and timing of development; 2.10.3 Control the duration of development; 2. 1 0.4 Assure that the development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE- 17 e - 2.10.5 Designate the exact location and nature of the development; 2.10.6 Require the provision for on-site public facilities or services; and 2.10.7 Require more restrictive standards than those generally required, in this Ordinance. 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 4,1994. 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 and owner of the property, IONIC ENTERPRISES, INC., is granted a conditional use permit to develop and construct and maintain a multi~family 92 unit apartment complex in substantial compliance as depicted in the Site Plan dated "received City of Meridian City Clerk's office on August 25, 1999", FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 18 - . Drawn: JTB, Project 9834, File No.: 9834Al_0, SHEET Al.O, TAMURA & ASSOCIATES, COBBLESTONE VILLAGE, and as modified by these hereinafter contained conditions of the conditional use permit, upon the following described real property to~wit: A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89046'18" West 2,654.20 feet; thence South 00031'1 9" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89041'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No.1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00058'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046'18" East 480.70 feet to the TRUE POINT OF BEGINNING. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 19 e e Said parcel contains 6.16 acres, more or less. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow. 2.2 Appropriate fire hydrants shall be added throughout the complex. 2.3 Applicant shall install appropriate fire sprinlding systems. 2.4 Basement of the brick building shall be constructed with a sprinlding system and the appropriate number of exits. 2.5 The water main shall be extended to east property boundary on Franklin Road. 2.6 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. 2. 7 Run~off is not to create a mosquito breeding problem. 2.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.9 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.10 Requires all laterals and wasteways be protected. 2.11 All municipal surface drainage shall be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 20 e e 2.12 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.13 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code ~ 31-3805. 2.14 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9~605 .M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.15 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5~7~517. Wells may be used for non~domestic purposes such as landscape irrigation. 2.16 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site~specific requirements. 2.17 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.DA and 11-2~414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.18 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1~91) for all off-street parking areas. All site drainage shall be contained and disposed of on~site. 2.19 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 21 e e 2.20 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.21 Provide five-foot~wide sidewalks in accordance with City Ordinance Section 11 ~9~606.B. 2.22 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.23 As stated in the 7-6-99 letter from Department of Water Resources Stream Protection Specialist M. Gene Gibson to Shari Stiles, separate permits will be required from IDWR and Corps of Engineers before any activity can take place below the high water mark of Five Mile Creek. The Nampa Meridian Irrigation District (NMID) also requires separate permits prior to any construction. It appears from the revised Site Plan that the NMID~required 30~feet right~of-way from the Five Mile Creek centerline is protected and no building activity will occur below the high water mark. Applicant must confirm this and submit compliance letters from said agencies. 2.24 Applicant must submit ten (l0), 8 1/:( X 11" copies of building elevations for the proposed Buildings "C" and "D" prior to the 9~ 14~99 P&Z Commission hearing. To date, elevations have been received only for Buildings "A" and "B." The blueprint elevations submitted to P&Z Department on 8-26-99 also include a proposed Building "E" but no "E" is represented on the Site Plan. Please clarify. 2.25 We recommend the proposed landscaping along the south boundary be incorporated with a berm at least three-feet (3') in height to provide for maximum sound barrier. Given the variance of buffer widths along this boundary line (i.e. from 16' in the center to 36' at Building "B"), the berm height and width could also vary with the buffer to provide a more integrated appearance. 2.26 The proposed height of Building "D" is approximately 33 feet. The actual height of the buildings from finished grade to roof~line peak as viewed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 22 e e from the south shall be no more than two (2) story. We request further detail and representation at the hearing on the actual height of the buildings from finished grade to roof-line peak as viewed from the south (Le., the 21/2~stOry versus 3-story appearance). 2.27 Assuming an above-ground height difference of 8~10 feet between Buildings A-C and Building D, staff recommend the Applicant relocate both Building "D's" to the current location of Building "B" on the west boundary and move Building "B" to the south boundary. This is to minimize the view obstruction to the south properties. 2.28 The proposed parking layout will result in a "sea of asphalt" appearance given the absence of any landscape islands or landscape bump~outs. The applicant shall revise plan to incorporate a visual break in the form of landscaping or other feature (Le. benches or artwork) for at least every . fourteen (14) adjacent parking stalls. Staff would support the relocation of trees from the west or east buffer area to the parking areas since the number of proposed trees on the site is nearly double the ordinance requirement (57 required and 120+ shown). Note, though, that the landscaping represented on the final plan approved by the City Council for the CUP may not be reduced. 2.29 The Site Plan currently shows 192 parking stalls on site, which is the minimum number required by the Zoning & Development Ordinance for a 96-unit complex. In order to accommodate the recommended parking lot landscaping revision, staff calculate that a minimum of four (4) stalls will need to be omitted. Staff recommend the Applicant propose a revised plan to meet this internal landscaping requirement and that the Commission and Council grant Staff authority to negotiate the final parking design. The Applicant may need to reduce the total number of dwelling units to accommodate this requirement. 2.30 The garage which is located in the existing structure which is depicted on the Cobblestone Village Site Plan Al.O, File Tamura &Associates, Project No. 9834, received City of Meridian City Clerk's office on August 25, 1999, as "1 STORY BRICK WITH BASEMENT" shall be occupied and used asa maintenance facility for the development to house equipment FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 23 e e and operations required for the repair and maintenance of all common areas of the development. 2.31 There shall be no on site parking of commercial or recreational equipment or vehicles. 2.32 Dedicate 48-feet of right~of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.33 Dedicate 48.feet of right-of-way from the centerline of Pranldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.34 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 2.35 Construct a 24-foot wide driveway on Franldin Road, located approximately 340-feet west 01 Locust Grove Road. The driveway shall be signed to control left turns. The design and sight distance should be reviewed and approved by Development Services staff. 2.36 Construct a 24~foot wide driveway on Locust Grove Road, located approximately 3 IS-feet south of Franldin Road. 2.37 Pave the driveways their full width and at least 30-feet beyond the edge of a pavement of Locust Grove Road and Franldin Road and install. pavement tapers with 15~foot radii abutting the existing roadway edge. 2.38 Construct a 5~foot wide detached concrete sidewalk on Franldin Road abutting the site. The sidewalk shall be located 2-feet within the new right~of-way of Franklin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 24 e e 2.39 Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2~feet within the new right-of-way of Locust Grove Road. Coordinate the location, elevation and 2rade of the sidewalk with District staff. 2.40 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.41 Other than the access points specifically approved with this application, direct lot or parcel access to Locust Grove Road or Franldin Road is prohibited. 2.42 The two buildings identified as "D" type buildings shall be reduced to two story buildings. 2.43 The unimproved right-of-way shall be maintained at the expense of the developer. 2.44 The applicant shall comply with all conditions and requirements imposed by the Ada County Highway District for this development. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 25 e . 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 Code. By action of the City Council at its regular meeting held on the 74 day of ~ce~b-v ,1999. ROLL CALL COUNCILMAN ANDERSON VOTED 11!J;:e~ COUNCILMAN BENTLEY VOTED $-IL- COUNCILMAN BIRD VOTED$tL COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 26 . . MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /2--7-tJ1 MOTION: APPRO~~OVED; Copy served upon Applicant, the Planning and Zoning Department, Public Works . ,,,1111111/11 Department and CIty Attorney. ,"'\\\\'Of MEA2111"" ........' :\-0( ""<>> "~" ~~'/.tf _ A~/7 /2 1- fq /0' ~~"'''\ By: ~PJ ~ Dated: / ,,' - -- I ~ ~~ Ity Clerk - =: msg/Z:\ W ork\M\Meridian I 5360M\Cobblestone Village\CUPFfClsOrd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS STAMAS CORP/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE - 27 e e BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) STAMAS CORP/IONIC ENTERPRISES, INC., ) FORA CONDITIONAL USE PERMIT FORA ) MULTI-FAMILY 96-UNIT APARTMENT ) COMPLEX (COBBLESTONE VILLAGE) ) LOCATED 1475 E. FRANKLIN ROAD, ) MERIDIAN, IDAHO ) ) CASE NO. CUP-99-005 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 3RD day of November, 1999, 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 and owner of the property, IONIC ENTERPRISES, INC., is granted a conditional use permit to develop and construct and maintain a multi- family 92 unit apartment complex as depicted in the Site Plan dated "received City of Meridian City Clerk's office on August 25, 1999", Drawn: JTB, Project 9834, File No.: 9834Al_0, SHEET Al.O, TAMURA & ASSOCIATES, COBBLESTONE VILLAGE, and as modified by these hereinafter contained conditions of the conditional use permit, for the development of the aforementioned projects and which property is described hereinbelow to~wit: A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89046'18" West 2,654.20 feet; thence South 00031'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89041'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. I recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00058'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046' 18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. 2. That the above named applicant is granted a conditional use permit for construction and development of a 92 unit apartment complex located at 1475 E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow. 2.2 Appropriate fire hydrants shall be added throughout the complex. 2.3 Applicant shall install appropriate fire sprinlding systems. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e 2.4 Basement of the brick building shall be constructed with a sprinlding system and the appropriate number of exits. 2.5 The water main shall be extended to east property boundary on Franldin Road. 2.6 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. 2.7 Run-off is not to create a mosquito breeding problem. 2.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.9 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.10 Requires all laterals and wasteways be protected. 2.11 All municipal surface drainage shall be retained on site. 2.12 If any surface drainage leaves the site, the N ampa & Meridian Irrigation District must review drainage plans. 2.13 The Developer must contact the N ampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code & 31-3805. 2.14 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 .M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) - e 2.15 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5 -7 - 517 . Wells may be used for non ~domestic purposes such as landscape irrigation. 2.16 Off-street parking shall be provided in accordance with Section 11-2~414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.17 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 1l~2~414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.18 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10~1~91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.19 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11.2A14.D.3. 2.20 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.21 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11 ~9-606.B. 2.22 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.23 As stated in the 7-6-99 letter from Department of Water Resources Stream Protection Specialist M. Gene Gibson to Shari Stiles, separate permits will be required from IDWR and Corps of Engineers before any activity can take place below the high water mark of Five Mile Creek. The Nampa Meridian Irrigation District (NMID) also requires separate ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) . e permits prior to any construction. It appears from the revised Site Plan that the NMID-required 30~feet right-of~way from the Five Mile Creek centerline is protected and no building activity will occur below the high water mark. Applicant must confirm this and submit compliance letters from said agencies. 2.24 Applicant must submit ten (10), 8 J/2" x 11" copies of building elevations for the proposed Buildings "C" and "D" prior to the 9-14-99 P&Z Commission hearing. To date, elevations have been received only for Buildings "A" and "B." The blueprint elevations submitted to P&Z Department on 8w26-99 also include a proposed Building "E" but no "E" is represented on the Site Plan. Please clarify. 2.25 We recommend the proposed landscaping along the south boundary be incorporated with a berm at least three-feet (3') in height to provide for maximum sound barrier. Given the variance of buffer widths along this boundary line (i.e. from 16' in the center to 36' at Building "B"), the berm height and width could also vary with the buffer to provide a more integrated appearance. 2.26 The proposed height of Building "D" is approximately 33 feet. The actual height of the buildings from finished grade to roof-line peak as viewed from the south shall be no more than two (2) story. We request further detail and representation at the hearing on the actual height of the buildings from finished grade to roof-line peak as viewed from the south (i.e., the 2l/2-stOry versus 3-story appearance). 2.27 Assuming an above-ground height difference of 8-10 feet between Buildings A-C and Building D, staff recommend the Applicant relocate both Building "D's" to the current location of Building "B" on the west boundary and move Building "B" to the south boundary. This is to minimize the view obstruction to the south properties. 2.28 The proposed parking layout will result in a "sea of asphalt" appearance given the absence of any landscape islands or landscape bump-outs. The applicant shall revise plan to incorporate a visual break in the form of landscaping or other feature (i.e. benches or artwork) for at least every fourteen (14) adjacent parking stalls. Staff would support the relocation of trees from the west or east buffer area to the parking areas ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e since the number of proposed trees on the site is nearly double the ordinance requirement (57 required and 120+ shown). Note, though, that the landscaping represented on the final plan approved by the City Council for the CUP may not be reduced. 2.29 The Site Plan currently shows 192 parking stalls on site, which is the minimum number required by the Zoning & Development Ordinance for a 96-unit complex. In order to accommodate the recommended parking lot landscaping revision, staff calculate that a minimum of four (4) stalls will need to be omitted. Staff recommend the Applicant propose a revised plan to meet this internal landscaping requirement and that the Commission and Council grant Staff authority to negotiate the final parking design. The Applicant may need to reduce the total number of dwelling units to accommodate this requirement. 2.30 The garage which is located in the existing structure which is depicted on the Cobblestone Village Site Plan Al.O, File Tamura &Associates, Project No. 9834, received City of Meridian City Clerk's office on August 25, 1995, as "1 STORY BRICK WITH BASEMENT" shall be occupied and used asa maintenance facility for the development to house equipment and operations required for the repair and maintenance of all common areas of the development. 2.31 There shall be no on site parking of commercial or recreational equipment or vehicles. 2.32 Dedicate 48~feet of right~of~way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.33 Dedicate 48-feet of right~of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.34 Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT. PAGE 6 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005) e e 2.35 Construct a 24~foot wide driveway on Pranldin Road, located approximately 340-feet west 01 Locust Grove Road. The driveway shall be signed to control left turns. The design and sight distance should be reviewed and approved by Development Services staff. 2.36 Construct a 24-foot wide driveway on Locust Grove Road, located approximately 315~feet south of Franldin Road. 2.37 Pave the driveways their full width and at least 30-feet beyond the edge of a pavement of Locust Grove Road and Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 2.38 Construct a 5~foot wide detached concrete sidewalk on Franldin Road abutting the site. The sidewalk shall be located 2-feet within the new right~of~way of Franldin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.39 Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2~feet within the new right~of-way of Locust Grove Road. Coordinate the location, elevation and 2rade of the sidewalk with District staff. 2.40 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.41 Other than the access points specifically approved with this application, direct lot or parcel access to Locust Grove Road or Franldin Road is prohibited. 2.42 The two buildings identified as liD" type buildings shall be reduced to two story buildings. 2.43 The unimproved right-of-way shall be maintained at the expense of the developer. 2.44 The applicant shall comply with all conditions and requirements imposed by the Ada County Highway District for this development. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 8 STAMAS CORP/IONIC ENTERPRISES, INe. (COBBLESTONE VILLAGE - CUP-99-005) - e 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 ~ 11-2~418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. 7~ V ~action of the City Council at its regular meeting held on the _ day of ~pln.{wv, 1999. o e t D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJldL-:,f2~,~ City Clerk Dated: (2--7--tff msg/Z:\ W ork\M\Meridian 15360M\Cobblestone Village\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 8 STAMAS CORP/IONIC ENTERPRISES, INC. (COBBLESTONE VILLAGE - CUP-99-005)