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1991 01-22 A G E N D A SPECIAL MEETING MERIDIAN PLANNING & ZONING JANUARY 22, 1991 ITEM: 1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR APARTMENT COMPLEX BY FISCAL FUNDING, INC. (APPROVED) ~J SPECIAL MEETING PLANNING & ZONING JANUARY 22, 1991 The Special Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Moe Alidjani, Charlie Rountree, Tim Hepper, Jim Shearer: Other Present: Don Harris, Ellen Harris, Gary A. Lee, Jack Riddlemoser: ITEM #1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR APARTMENT COMPLEX BY FISCAL FUNDING, INC.: Johnson: I will now open the Public Hearing, this is a request for a Conditional Use Permit for apartment complex by Fiscal Funding, Inc.. Is there a representative present who would like to come forward and address the Commission? Gary Lee, 1990 Turnberry Way, Meridian was sworn by the Attorney. Lee: I represent Fiscal Funding Company, the owner of the property with JUB Engineers. Gave breif history of project. We requested a rezone to L-0 (Limited Office Space) with a PUD Concept with a Conditional Use Permit for different uses. Those uses included Multi-family housing, child care facilities, nursing home, retirement center, mini storage units with a planned unit development overlay. That of course was granted, the zoning was changed annexation procedures were completed and accepted. Sometime in September a portion of that was sold and that's what you see before you tonight. You have the over-all site plan before you you can see where that is. The piece that we are looking at tonight is the strip along the easterly border about 7.5 acres. We were advised by the City Clerk that Conditional Use Permits weren't transferable without authorization from the previous owner and a petition to the City Council. Apparently the previous owner Equities International didn't want to grant a transfer, so that is one of the reasons we are here before you tonight, to apply for a new Conditional Use Permit under the new owner, Fiscal Funding and we've increased the density on this site from 108 units to 120. The allowable on this particular use multi-family in that zone I believe is about 135 on that 7.5 acres so we are shy of that by quite a few units. In addition the new Concept here, the site plan before you, was redesigned to make better use of the property. He's used a different concept in building configuration, style, shape, and by doing so we've been able to maximize the open space. As you can see we have quite a few more clusters of buildings than what we show now. Johnson: were those original clusters one level or two? Lee: I believe that these were two level. This particular plan is three level we have six buildings on the site for apartments and one for recreational facility. There will b`a pool and a basketball court exterior. The building plans include one twelve unit structure up on the Pine Street side. We have three twenty four unit structures and two eighteens. These units will consist of one bedroom, one bath, two bedroom, one and a quarter bath, two bedroom two bath and three bedroom two bath. Johnson: How many three bedroom units are there? Lee: I don't know for sure. MERIDIAN PLANNING & ZONING JANUARY 22, 1991 PAGE #2 we'd planned to start construction this spring. We have originally planned to start this month. We've taken bids on the site work. As soon as we get our Conditional Use Permit straightened out we will probably start construction. The improvements, as before we've got city water and sewer that'll traverse along the Main road. We have two hundred forty one spaces for parking, these spaces will be covered. I met with Ada County Highway District yesterday during their teck review process, the only comments that they had was to have adequate separation from our entry to 11th Street, and the addition of a five foot sidewalk on Pine Street. we are going to provide a pressurized irrigation system for sprinklingthe entire site. I met with US Bureau of Reclamation and the Nampa-Meridian Irrigation District on the Nine Mile Drain and we are working on details to finish that particular design. what we will end up with there is a piped crossing on the spine road and in addition to that we will have smaller pipe in the open areas that we will cover and we will develop a landscaped slope. Johnson: What's the lighting for this project? Lee: We are working on plans for that right now. I don't know how it's going to be. Johnson: Was that just a minor alteration you had to make when you were a couple parking spots short? Lee: Yes it was. Rountree: You show alot of common ground recreation areas, is that going to be a responsibility of a rental association or is that going to be the owners responsibility? Lee: There will be a Maintenance Manager on site to take care of the entire project. Rountree: Will this be done in phases or is it going to under construction all at once? Lee: The original concept was to build the units north of Nine Mile Drain first. With it scheduled they may just go ahead and build the whole thing at once, but we will at least do the front three. Rountree: Your concept and your illustrations show kind of an upscale kind of facility. What kind of rental market are you looking at as far as who will be renting these. Johnson: What's your minimum size unit? Lee: 2 don't know. Rountree: What kind of renter are you looking for? Lee: From previous submittals they were looking at rental ranges from $350.00 to $550.00 I suppose. I don't know for sure what their market analysis shows. It will bean upscale market. Alidjani: Have you read what the City Engineer's comments were? One of those was that it was two spaces short. Lee: I talked to Eng. Smith and we have done some modifications on that plan to provide for this. It was 241. MERIDIAN PLANNING & ZONING JANUARY 22, 1991 PAGE #3 Alidjani: The second item listed in the comments states that the parking spaces shall be 9' wide and 19' long, for the 90 parking shall be 25',side parking lot do not have a 25' foot one. Lee: Right that's one of the items we corrected as well. Alidjani: Do you have an idea of the height of the building? Lee: I will let Don answer some of those questions. Hepper: How about turn arounds for emergency vehicles, is there plenty of room? Lee: Yes. Don Gile, 2009 Rock Ridge Rd., Boise, was sworn by the attorney. Gile: I am the architect on this project. There are three levels of units, it's really classified as a two and a half story not a three story, with the lower level classified as a basement although it's like a half basement. From entry level you go down a half level and up a half level. The overall height of thebuilding is not to different than a two story building, about 4z feet is the difference. The smallest unit is 673 square feet and the largest is 1100 square feet. All units have outside private decks, most of the units have walk in closets, most of them also have master bath access. The lower units have ramp access, the corridors and the doors are sized so that they are handicap adaptable. Johnson: What about exterior lighting? Gile: It will have some area lighting, like in the common area and the parking area, it would be down lighting so it wouldn't affect any of the adjacent neighborhoods. Johnson: How was Gary's estimate on the range of rent? Gile: Pretty close. Alidjani: What would be your estimation of the front elevation from the ground to the roof? Gile: About 20 to 23 ft.. Alidjani: Voiced concerns about fire fighting at that height. Have you spoke with the Fire folks? Gile: It just warily makes the 2Z stories. That has already been considered. DISCUSSION - TAPE ON FILE- Atty. Riddlemoser: Is there anything about the financing for this project that's going to put any special conditions on it or the use of it? Gile: It's just a normally financed conventional financing, not HUD subsidized or anything like that. . .. MERIDIAN PLANNING & ZONING JANUARY 22, 1991 PAGE #4 Johnson: This is a Public Hearing is there anyone else that would like to address the Commission tonight, if so please come forward. Hearing no response I will close the Public Hearing. The Motion was made by Alidjani and seconded by Shearer to approve the Findings of Fact and Conclusions of Law as prepared by the attorney. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: The Motion was made by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. Motion Carried: All Yea: The Motion was made by Shearer and seconded by Rountree to adjourn at 8:00 P.M.: Motion Carried: All Yea: J'm Johnson, Chairman L= ~~ pc: Mayor & Council P & Z Members, Atty, Eng., Bldg., Police, Gass, Stuart, Ward, Fire, ACHD, [~P7ID, Settlers, Valley News, Statesman, CDH, Hallett, Mail (1) File (1) f f • • BEFORE THE MERIDIAN PLANNING AND ZONING FISCAL FUNDING, INC. ONDITIONAL USE PERMIT WEST PINE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public heazing January 22, 1991, at the hour of 7:30 o'clock p.m_, the Petitioner appeazing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public heazing on the Conditional IIse Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 22, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the Januazy 22, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by Petitioner Fiscal Funding, Inc., and is described in the application which description is incorporated herein. 3. That the property is zoned Limited Office District (L-O), which requires a conditional use permit for the construction FINDINGS OF FACT AND CONCLUSIONS - Paqe 1 of Planned Unit Development, General Planned Residential which is the use the application requests. 4. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, adminstrative, account- ing, clerical, stenographic, public service and similar uses. Research uses shall-not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connec- tion to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. That the Planned Unit Development, General Planned Residential use proposed by Applicant is an allowed conditional use in the L-O district. 6. That sewer and water is already available to the property, but the use may .require additional charges or fees. 7. That the Applicant did not need to submit petitions signed by a least 75$ of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested by Applicant since the property is not zoned residential. 8. That there may be testimony submitted in opposition to the application, and if so the Commission reserves the right to amend these Findings. FIPIDINGS OF FACT AND CO~iCLUSIOPIS - Page 2 c. The .use apparently would be designed and constructed, to be harmonious in app- earance with the intended chazacter of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive addi- tional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfaze of the community. g. That sufficient parking for the property and the proposed use will be required. h. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, groperty or the general welfaze by reason of excessive production of traffic or noise. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. APPROVAL OF FINDINGS OF FACT. AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER $EPPER VOTEDtY(A COMMISSIONER ROIINTREE VOTED~t9_.- COMMISSIONER SHEARER VOTED, COMMISSIONER ALIDJANT VOTED•°,~ CHAIRMAN JOHNSON (Tie Breaker) VOTED FINDINGS OF FACT AND CONCLUSIONS - Paqe 4 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the Citg Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requireaents, the fire and life safety codes, and the IIniform Building Code, and other Ordinances of the City of Meridian. MOTION: APPROVED:L~~~ DISAPPROVED: JACK C. RIDDLEMOSER Attorney at Law Meridian, Idaho 83642 FINDINGS OF FACT AND CONCLUSIONS - Paqe 5 CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of .the Ordinances of the City of .Meridian have been met and complied with by Peitioner. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 57-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 (C) of the Revised and Compiled Ordinances of the City of .Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of .those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use pernut to allow the use. FINDINGS OF FACT AND CONCLUSIONS - Page 3