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Schmeckpepper, Merlyn & Brandon CUP 00-036.,ITY CLERK FILE CHECKLIST Project Name: Schmeckpeper Tri-Plex File No. Contact Name: Merlyn or Brandon Schmeckpeper Phone: CUP 00-036 888-9494 Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: July 11, 2000 Transmittals to agencies and others: _ June 8, 2000 ❑x Notice to newspaper with publish dates: _ 0 Certifieds to property owners: _ Planning and Zoning Commission Recommendation Notes: City Council Level: 51 Transmittals to agencies and others: Notice to newspaper with publish dates ❑x Certifieds to property owners: City Council Action: 23 -Jun -00 and 7 -Jul -00 June 19, 2000 T] Approve ❑ Deny Hearing Date: August 1, 2000 n/a n/a and n/a n/a x❑ Approve ❑ Deny x❑ Findings / Conclusions / Order received from attorney on: August 4, 2000 Notes: Findings / Conclusions / Order. Resolutions: Original Res /Copy Cert: Minutebook Approved by Council' Copy Res / Copy Cert: City Clerk City Engineer Copies Disbursed: City Planner City Attorney Sterling Codifiers F]Findings Recorded Project File Copy Res / Original Cert: Development Agreement: Ada County (CPAs) Applicard (nun -CPAs) F] Sent for signatures: Recorded Ordinances: Original: Minutebook Copies to: City Clerk ❑ Signed by all parties: State Tax Comm. State Treasurer, Auditor. Assessor ❑ Approved by Council: Sterling Codifiers City Attorney City Engineer F—]Recorded:Project CityPlanner rile Copies Disbursed: AP❑ ficant (if appl) Findings l Orders: Original Minutebook Ordinance No. Resolution No. Copies to: Applicant Project file A b Council: City Engineer Coy Ptner ppY CM Attoorrney F-1" Recorded: Deadline: 10 days Record Vacation Findings " Recorded Development Agreements: OriginatFireproof File Copies to:Applicam Published in newspaper: Project file Copies Disbursed: City Engineer City Planar City Attorney No second public hearing for a CUP in Old Town NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on July 11, 2000 for the purpose of reviewing and considering the application of Merlyn and Brandon Schmeckpeper for a conditional use permit for proposed triplex/apartment complex in Old Town located north side of King between 2nd and 3rd Streets. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19th day of June, 2000. WILLIAM G. BERG, JFV, GITY CLERK PUBLISH June 23 and July 7, 2000. SEAL r f / SI y 4 Y� © \ Sent By: City of Meridian; w w F- z %e uj C) W Lij a. V U) ca x LLI LY - 2088886854; _i I {�I�I I May -18-00 11:13AM; Page 6/6 1! U. TF. IF] "yr CS WN cp IL 1j 0 o TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11 2000 FILE NUMBER: CUP -00-036 REQUEST: Triplex apartment complex in Old Town currently bare ground BY: Merlyn & Brandon Schmeckpeper LOCATION OF PROPERTY OR PROJECT: 2101214 King Street, east of First and south of railroad tracks—north side of King between 2"d and 3rd - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 •Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11 2000 FILE NUMBER: CUP -00-036 REQUEST: Triplex apartment complex in Old Town currently bare ground BY: Merlyn & Brandon Schmeckpeper LOCATION OF PROPERTY OR PROJECT: 2101214 King Street, east of First and south of railroad tracks—north side of King between 2"d and 3rd - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: r% CITY OF MERIDIAN APPLICATION FOR A CONDITION USE PERMIT R�°ESD MAY 23 2000 CITY OF MERIDIAN PLANNING & ZONING NAME: Merlyn D. Schmeckpeper (owner/applicant) ADDRESS: 157 E. Ada St., Meridian 83642 PHONE: 208/888-9494 NAME: Brandon Schmeckpeper (applicant) ADDRESS: 8810 Churchill Rd., Boise 83709 PHONE: 208/283-9494 GENERAL LOCATION: 210/214 King St., Meridian. Old Town area East of l' St. and South of railroad tracks. Property is located on North side of King St. between 2nd St. and 3rd St. ZONING CLASSIFICATION: Old Town I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number: 519-86-4951 FsF1; LEGAL DECRIPTION: SUBDIVISION: Bowers 2°d Addition to Meridian, BLOCK 7, East 6' of Lot 9, ALL of Lot 10 and West 20' of Lot 11. PROOF OF OWNERSHIP: Attached DESCRIPTION OF EXISTING USE: Bare ground PRESENT USE OF SUBJECT PROPERTY: None PROPOSED USE OF THE SUBJECT PROPERTY: Tri-plex apartment complex. PRESENT ZONING: Old Town BUILDING MATERIALS: A. 1s` level exterior walls: 2" x 6" wood construction. B 2°d level exterior walls: 2" x 4" wood construction. C. I' and 2°d level apartment separation walls: (CMU) Concrete masonry units. D. Is' level floors: Concrete pad. E. 2°d level floors: 3/4" wood T & G flooring over engineered wood joist system (i.e. BCI or TJI). Finished with vinyl or carpet. F. Exterior wall covering: Hardi Plank siding (concrete fiber). G. Interior wall covering: 5/8" sheetrock on ceilings and wood walls. H. Roofing material: Metal. PROPERTY CHARACTERISTICS THAT MAKE CONDITIONAL USE: Land currently is a vacant lot. The area is in great need of renewal. This structure will help modernize the area and will also help provide much needed rental inventory. I do hereby agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use of this property (210/214 King St., Meridian), whether that use be residential, commercial or industrial. I will also post the property 1 week before the hearing giving notice that I have applied for a Conditional Use Permit. Signed: Merlyn D. Schmeckpeper (own r/a plicant) 2 OWNER: Mh9 " O scAmed paper2101214 King St. Brendan scMmeckpeper NORTH / EAST ELEVATIONS Meridian, Idaho 38462 � � Meridian, ID. 85642 D OWNER M : iG (,� CS Wr K►UJ cAyn3enmeckpeper SOUTH /WEST ELEVATIONS 210/214 King St. I u ° Brendon Scnmedcpeper KING STREET e e �. �e _a •� a •� •a ,� o '� e ^ o •e 'e .s 'a _ O,,p N b pn� n 0 !Y � a 8 Iv •o r oa°p o pp 6 � � 42'-0" pQO ) Qe y s v0v " e$ ogop op � b V c b T-0" T-0" N O b j b Ilyyy 'tea e � e s m O O e m e N • a O pL o ALLEY pO n°l d'� O o c a o g OWNER: Merlyn Schmeckpeper Brandon Schmeckpeper a ,57 E'Ada St. Meridian, ID. 83642 PLOT PLAN 210/214 King Street Meridian, Idaho 83642 _ _ _ _ [_LI23/00 P-1 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and Grantee heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: November 18, 1994 57 r f� unaat.n M BURKETT J A Pioneer Company c I} PIONEER TITLE COMPANY PIONEEP � it Lt cam, OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / 1` (20V"'TW0 Di )C1/ a, d WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED RONALD M. BURKETT, AN UNMARRIED MAN Grantor does hereby grant, bargain, sell and convey unto MERLYN D. SCHMECKPEPER, AN UNMARRIED MAN the Grantee whose current address is: 157 E. ADA STREET, MERIDIAN, ID 83642 County, State of Idaho, more paruculary described as the following described real property in ADA i follows, to -wit: THE EAST 6 FEET OF LOT 9 AND ALL OF LOT 10 AND THE WEST 20 FEET OF LOT 11 IN i BLOCK 7 OF BOWER'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 79, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and Grantee heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: November 18, 1994 57 r f� unaat.n M BURKETT ER r [;0 A Pioneer Company PIONEER TITLE COMPANY 50 -is ) OF ADA COUNTY PIONF-E R t� ' 8151 W. Rifleman Ave / Boise, Idaho 83704 / (2087` j `1 1� OF WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED RONALD M. BURKETT, AN UNMARRIED MAN Grantor , does hereby grant, bargain, sell and convey unto MERLYN D. SCHMECKPEPER, AN UNMARRIED MAN the Grantee , whose current address is: 157 E. ADA STREET, MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: THE EAST 6 FEET OF LOT 9 AND ALL OF LOT 10 AND THE WEST 20 FEET OF LOT 11 IN BLOCK 7 OF BOWER'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 79, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and Grantee heirs and assigns forever. And the said Grantor dces hereby covenant to and with the said Grantee the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: November 18, 1994 STATE OF IDAHO , County of ADA , ss. On this _JB _day of November , in the year of 199, before me THE UNDERSIGNED _ , anotary public. per- sonally appeared RONALD M BU K . T known or identiftdivats%t be the person whose name is subscribed to the within instrument, and aclmowled%sto$Sl� •• executed the same. G % :� Notary Public:— * : `• * Residing at: BOT SF. , IDAHO_-- �� pU B L`G My Commission Expires: 9Z28/200O__._____ ......... O rF OF MERLYN D. SCHMECKPEPER, TRUSTEE r DBA QUANTUM COMPANY 92-151/1241 118 2 157 E. ADA AVE. MERIDIAN, ID 83642 DATE s !!`\ PAY TO 1 E ORDER OF \ Tu t r �Ay { h.3 H o cl � : DOLLARS FARMERS & MERCHANTS STATE BANK PREMIER MERIDIAN OFFICE ACCOUNT ' R Q BOX 328 MERIDIAN, IDAHO 83880.0328 (208) 858-8919 i MEMO 1:124101S131:1182 S0367S84061i' August 10, 2000 CUP 00-036 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Merlyn and Brandon Schmeckpeper ITEM NO. K REQUEST Findings - Request for Conditional Use Permit to construct a tri-plex currently in an OT zone at 210/214 King Street - east of First Street and south of the railroad tracks AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Findings ltljrr vj_-11 See attached OTHER: Contacted: &a mm Sekiya _,Date: Phone: -- Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols Subject: MERLYN AND BRANDON SCHMECKPEPER File No.: CUP -00-036 Date: August 2, 2000 Will: [RECEIVE AUG 0 4 2000 CITY OF (MERIDIAN CITY rl FRK nrmt-c Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their August 1, 2000, meeting. The Findings will be on the Council's agenda for their August 15, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Additionally, please note that I have not heard back from the Planning and Zoning or Public Works Departments with response to these Findings. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msg/ZAWork\N4\Meridian 15360M\Schmeckpeper CUP036\C1kLtrCUPffc1s&0rder Ada Cottn1111,_.1qia4W ,2)ijt,i,t Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tell usaachd.ada.id. us July 26, 2000 _y. V Brandon Schmeckpeper 8810 Churchill Rd. Boise, Idaho 83709 Re: Staff Level Approval MCUP 00-036 Facts and Findings: 210-214 King Street Triplex City of Nleridia;: f'ity Clerk Offic= A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to construct a 2,940 -square foot triplex. The 0.14 -acre site is located on the north side of King Street between 2nd and 3' streets in Meridian. This development is estimated to generate 30 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on May 23, 2000, and submitted to the District on June 14, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. On June 19, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 20, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. This application was originally scheduled for Commission hearing on July 5, 2000. The applicant appealed Site Specific Requirement #6 which required the applicant to pave the alley abutting the site and to the nearest public street. The Commission never acted on the appeal and the applicant subsequently withdrew the appeal. The application was approved as a staff level approval on July 19, 2000. D. The applicant is proposing a 42 -foot driveway on King Street in addition to a 42 -foot driveway on the alley. District policy allows for a maximum driveway width of 20 -feet, with a minimum separation of 5 -feet between driveways. The applicant should be required to redraw the site plan to provide a single driveway no more than 20 -feet in width or two driveways, one 20 -feet in width, the other 12 -feet in width, with 10 -feet of separation between driveways. The following requirements are provided as conditions for approval: Site Specific Requirements: Construct one curb cut driveway on King Street to a maximum width of 20 -feet or build two curb cut driveways (each with a maximum of 20 -feet in width) with a minimum of 5 -feet of separation. 2. Pave the driveways to their full required width to a point of a minimum of 20 -feet beyond the edge King Street. Construct rolled curb, gutter, and five-foot wide concrete sidewalk and match paving on King Street abutting the parcel. 4. Widen King Street abutting the parcel to provide 18 -feet of pavement from centerline. Pave the alley abutting the site to a width of 12 -feet from the eastern property line to 2"d Street (approximately 100 -feet). 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall Page 2 MCUP 00-036 specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's ori final decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Page 3 MCUP 00-036 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. SmWely, arry and Development Supervisor cc: Project file City of Meridian Chron Page 4 MCUP 00-036 Fl -A i i IJ T. l -]T! i r1 ff, I I 0 CD m BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MERLYN AND BRANDON SCHMECI(PEPER, FOR A CONDITIONAL USE PERMIT FOR A TRIPLEX APARTMENT COMPLEX IN OT ZONE, LOCATED AT 210-214 KING STREET, MERIDIAN, IDAHO Fire torr Cl�.�lj► 11 Case No. CUP -00-036 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council for public hearing on August 1, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was Brandon Schmeckpeper, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI<PEPER / CUP -00-036 and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 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 (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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI(PEPER / CUP -00-036 an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in an Old Town (O -T) zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI(PEPER / CUP -00-036 Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 1, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN &. BRANDON SCHMECI(PEPER / CUP -00-036 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. The property is located at 210-214 King Street, Meridian, Idaho. 4. The owner of record of the subject property is Merlyn Schmeckpeper of Meridian. 5. Applicant is Brandon Schmeckpeper of Boise, Idaho. 6. The subject property is currently zoned OT. The zoning district of OT is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2 L. 7. The proposed application requests a conditional use permit for triplex apartment complex. The OT zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional -use permit be obtained for most FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / Page 5 of 13 MERLYN & BRANDON SCHMECI(PEPER / CUP -00-036 uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 10. The requested conditional use is described in the "PLOT PLAN, Revision Date: 5/19/00, A -O, 210/214 King Street, Owner: Merlyn Schmeckpeper and Brandon Schmeckpeper", Merlyn Schmeckpeper and Brandon Schmeckpeper, developer, for a triplex apartment complex in Old Town, located 210-214 King Street, Meridian, Idaho, and which property is described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 20 feet of Lot 11 in Block 7 of Bower's Second Addition, according to the plat thereof, filed in Book 2 of Plats at Page 79, records of Ada County, Idaho. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction,. as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN &. BRANDON SCHMECI<PEPER / CUP -00-036 delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 13. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 14. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. ` The use proposed within the subject application will not involve FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN &. BRANDON SCHMECKPEPER / CUP -00-036 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, smolce, fumes, glare or odors. 18. Sufficient parking for the proposed use of the property will be provided. 19. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for a triplex apartment complex in Old Town, located at 210-214 King Street, Meridian, Idaho, and described in the "PLOT PLAN, Revision Date: 5/19/00, A -O, 210/214 King Street, Owner: Merlyn Schmeckpeper and Brandon Schmeckpeper", Merlyn Schmeckpeper and Brandon Schmeckpeper, developer, for the development of the aforementioned project, and which property is described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 20 feet of Lot 11 in Block 7 of Bower's Second Addition, according to the plat thereof, filed in Book 2 of Plats at Page 79, records of Ada County, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN & BRANDON SCHMECI(PEPER / CUP -00-036 2. The conditional use permit granted herein is subject to the following terms and conditions: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.2 Off-street parking shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 2.3 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11 -13 -4.E. -G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2.5 . Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 2.6 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 2.7 Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN &. BRANDON SCHMECI(PEPER / CUP -00-036 2.8 Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.9 In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.10 Building Setbacks: The Applicant shall submit a Variance application and receive approval from City Council to reduce the setbacks below the 5 feet required by Ordinance. This shall be obtained prior to receiving a Certificate of Zoning Compliance. In addition, Applicant shall obtain written approval from the Building Official and Fire Department regarding the reduced setback allowance. The Planning and Zoning Commission further encouraged the City Council to approve a variance of the setback from 10 feet to 7 feet. 2.11 The Ada County Assessor maps show a 3 1/z foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site. It appears this strip of land is outside of the 56 -foot lot frontage width shown on the Site Plan. There is also no record of this strip serving as any kind of easement. The Applicant's contractor(s) shall verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 1/2 -foot strip. 2.12 Covera The Applicant shall meet the 10 -foot building setback to help reduce the overall coverage and bulk on the lot. Unless a variance is granted, as noted in 2. 10, fencing shall be required around site as approved by the Building Department. 2.13 Parking: Ordinance 1 1-13-5.B. requires two off-street parking spaces be provided per unit for multifamily dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN &. BRANDON SCHMECI(PEPER / CUP -00-036 dwelling units, which would meet the minimum off-street parking requirement. There is also the potential for off-street parking as tandem parking behind each garage, which would add another six (6) spaces. 2.14 King Street has a very narrow street section with no existing sidewalks on either side. Safety for children in the neighborhood is a concern. Regardless of unit size, a condition that on -street parking be prohibited for all tenants of this complex. 2.15 Landscaping Ordinance 11-13-4.B.1. requires landscaping be provided on site for all multi -family residences. The Applicant is proposing three (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building. The trees must be kept outside of the public right-of-way. The applicant shall be responsible to ensure that no easements exist that would preclude the proposed landscaping. 2.16 Fencing_ Fencing in Old Town shall be of the "good neighbor" quality and shall not be chainlinlc. At a minimum, some type of good neighbor fence, either open -vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. If it is not required to have permanent fencing, the Applicant shall provide temporary fencing around the site perimeter during construction to contain debris. 2.17 Additional restrictions/conditions may be imposed as part of the conditional use permit. 2.18 The Applicant shall be required to provide a 10' minimum width opening for Sanitary Service for the container service. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 of 13 USE PERMIT SUBJECT TO CONDITIONS / MERLYN S& BRANDON SCHMECI(PEPER / CUP -00-036 then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of zd , 2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILMAN deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN &. BRANDON SCHMECI(PEPER / CUP -00-036 VOTED VOTED_0e, VOTED �`__ Page 12 of 13 COUNCILMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f' — 15- e2o VOTED G VOTED MOTION: APPROVED:L DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: /.- City Clerk Dated: g' msg/Z:\Work\M\Meridian 15360M\Schmeckpeper CUP036\CUPFfCIs0rdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / MERLYN &. BRANDON SCHMECKPEPER / CUP -00-036 Page 13 of 13 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF MERLYN AND ) BRANDON SCHMECI(PEPER, FOR ) CONDITIONAL USE PERMIT FOR A ) TRIPLEX APARTMENT COMPLEX IN) OT ZONE, LOCATED AT 210-214 ) ICING STREET, MERIDIAN, IDAHO ) CASE NO. CUP -00-036 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for a triplex apartment complex in Old Town, described in the "PLOT PLAN, Revision date: 5/19/00, A -O, 210/214 King Street, Owner: Merlyn Schmeckpeper and Brandon Schmeckpeper", for Merlyn and Brandon Schmeckpeper, developer, for the development of the aforementioned project, and which property is described as: The East 6 feet of Lot 9 and all of Lot 10 and the West 20 feet of Lot 11 in Block 7 of Bower's Second Addition, according to the plat thereof, filed in Book 2 of Plats at Page 79, records of Ada County, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE I OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP -00-036 .-N, 2. That the above named applicant is granted a conditional use permit for the operation of a triplex apartment complex in Old Town, located at 210-214 King Street, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.2 Off-street parking shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 2.3 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11 -13 -4.E. -G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2.5 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 2.6 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 2.7 Sanitary sewer and water service to this site shall be provided via existing mains adjacent to the project site. 2.8 Assessments for sewer and water service are determined during the building permit application process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP -00-036 2.9 In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 2.10 Building Setbacks: The Applicant shall submit a Variance application and receive approval from City Council to reduce the setbacks below the 5 feet required by Ordinance. This shall be obtained prior to receiving a Certificate of Zoning Compliance. In addition, Applicant shall obtain written approval from the Building Official and Fire Department regarding the reduced setback allowance. The Planning and Zoning Commission further encouraged the City Council to approve a variance of the setback from 10 feet to 7 feet. 2.11 The Ada County Assessor maps show a 3 '/z foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site. It appears this strip of land is outside of the 56 -foot lot frontage width shown on the Site Plan. There is also no record of this strip serving as any kind of easement. The Applicant's contractor(s) shall verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 '/2 -foot strip. 2.12 Coverage: The Applicant shall meet the 10 -foot building setback to help reduce the overall coverage and bulk on the lot. Unless a variance is granted, as noted in 2. 10, fencing shall be required around site as approved by the Building Department. 2.13 Parking: Ordinance 1 1-13-5.B. requires two off-street parking spaces be provided per unit for multifamily dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the dwelling units, which would meet the minimum off-street parking requirement. There is also the potential for off-street parking as tandem parking behind each garage, which would add another six (6) spaces. 2.14 King Street has a very narrow street section with no existing sidewalks on either side. Safety for children in the neighborhood is a concern. Regardless of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 MERLYN AND BRANDON SCHMECKPEPER I CUP -00-036 unit size, a condition that on -street parking be prohibited for all tenants of this complex. 2.15 Landscaping: Ordinance 11-13-4.13.1. requires landscaping be provided on site for all multi -family residences. The Applicant is proposing three (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building. The trees must be kept outside of the public right-of-way. The applicant shall be responsible to ensure that no easements exist that would preclude the proposed landscaping. 2.16 Fencing: Fencing in Old Town shall be of the "good neighbor" quality and shall not be chainlink. At a minimum, some type of good neighbor fence, either open -vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. If it is not required to have permanent fencing, the Applicant shall provide temporary fencing around the site perimeter during construction to contain debris. 2.17 Additional restrictions/conditions may be imposed as part of the conditional use permit. 2.18 The Applicant shall be required to provide a 10' minimum width opening for Sanitary Service for the container service. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP -00-036 By action of the City Council at its regular meeting held on the /571L da of u' 2000. y Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY -12— i� /�'`' Dated: City Clerk msg/Z:\Work\M\Meridian 15360M\Schmeckpeper CUP036\CUPOrder +,f4NtNtf#jjJjt1" � y Fo SEAL r �' r9T ,��IFjFFtttitf 411{t1��,,,'`1 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5 MERLYN AND BRANDON SCHMECKPEPER / CUP -00-036 certified Mailing Returni Project Name �Ce44qv File No(s) Dat of Hearing Name Address Reason for Return ZZ CL ~,Certified Mailing Retufs Project Name YY� ►�c1 File No(s) ' !�' July 24, 2000 CUP 00-036 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT Merlyn and Brandon Schmeckpeper ITEM NO. 12 REQUEST Request for Conditional Use Permit to construct a tri-plex apartment complex currently in an OT zone - 210/214 King Street - east of Frist Street and south of the RR tracks AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See affached from Sa Contacted: A/I(N COMMENTS See attached from applicant See comments dated July 5, 2000 See attached recommendations See attached Service and Lola Dansereau Date: 7/ -7? Phone: Materials presented at public meetings shall become property of the City of Meridian. To: City of Meridian Planning and Zoning Dept. 200 E. Carlton, Suite 201 Meridian, Idaho 83642 r"\ RECEIVED 4�. 1 1 2000 MY OF 1WAN Re: Tri-Plex Apartment Complex by Merlyn and Brandon Schmeckpeper (CUP -00-036) Please note for emphasis that (as the Planning and Zoning staff have pointed out in their report) this project is consistent with the Meridian Comprehensive Plan goals and policies as follows: A: Land Use Chapter 1) 1.4U encourages new development of higher density structures in the Old Town area. This project meets that criteria. 2) 2.1 U supports the development of projects which provide the City with a range of affordable housing opportunities. This project meets that objective by offering quality single bedroom apartments with garages to a housing market that has very few (if any) available to its citizens. 3) 2.3U proposes to protect property values and improve neighborhood physical conditions. This project would greatly enhance the physical condition of this neighborhood. The removal of the old shacks that were on the property were a start, but the dirt and weeds need to be replaced with a modern quality structure. This will not only improve the tax base of the site, but also improve the value of neighboring properties. 4) 2.5U encourages compatible infill development to improve existing neighborhoods and this project meets this criteria as well. B: Transportation 1) Per the criteria of 1.20U this project is properly designed for adequate parking and enclosed garages offer security and visual barriers for automobiles. CC: Housing 1) 1.1 states the objective to provide wide diversity of housing types and as stated in A 2 above this project meets that criteria. 2) 1.4 proposes the development of housing for all income groups close to employment and shopping centers. This project offers quality housing for those income groups that either by choice or income limitations are not currently in the single family housing market. 3) 1.13U proposes the infilling of random vacant lots in substantially developed, single family areas should be considered at densities similar to surrounding development. This project meets this criteria as there are other multi-plex facilities in the adjacent area. 4) Per the criteria of 1.14 this project is properly designed in order to reduce adverse impacts upon existing adjacent development. D: Comm—un it Design Chapter 1) In accordance with 5.2 this project will greatly enhance the visual quality of its surroundings. This is a very old neighborhood in great need of improved urban development. 2) 6.11 U proposes to promote well-planned and well-designed affordable housing in all Meridian neighborhoods and this is the design intent of this project. Thank you for your consideration and help in this project and the improvement of a Meridian neighborhood. Merlyn and Brandon Schmeckpeper Meridian City -Rural Fire Department 540 E. Franklin Road — Meridian, Idaho 83642 Phone 208-888-1234 Fax 208-895-0390 Re: Tri-Plex Apartment Complex by Merlyn and Brandon Schmeckpeper (CUP -00-036) To Whom It May Concern: Please be advised that the set backs as submitted for Conditional Use Permit #CUP -00- 036 are acceptable to this department. Ken W. Bowers, Chief Meridian Fire Department To: City of Meridian Planning and Zoning Dept. 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Tri-Plex Apartment Complex by Merlyn and Brandon Schmeckpeper (CUP -00-036) Please be advised that the set backs as submitted for Conditional Use Permit #CUP -00- 036 are acceptable to this department. VKe 1A e (q -Se Q "T' Ol dl o vl - � la �'Lcl� l � S f8,% K Vrr>cl uc� ee 1 i + i5, oCa sdv►ctb 1 e ck)1 o,j a 6ecvcck-s-� 5fcue 5e Signed by: Department: i � J Az i •�` a r ty ;.,, .{•fir, _ 1 a i' • L t c y .fit Ia r. r t� Is I W A }may r ��� �.�.. ?. =.v •i�.^'lis, n 8. -- _-_ _ F . i YJ 1V- } � � t -- _ i '� t ; '�" �` 6 `• ii i a- }; -�' w. 4§ 2 ta, A D,4 s -r. MEMORANDUM: July 3, 2000 C To: Planning & Zoning Commission/Mayor and City Council From: Bruce Freckleton, Assistant to City Engineerc,,j?(� City of Ater, dia:r; Brad Hawkins -Clark, Planner eoC_ - .k 0 ff7c Re: Tri -Plea Apartment Complex by Merlyn & Brandon Schmeckpeper 9 Conditional Use Permit for Single Tri-Plex (CUP -00-036) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This CUP application proposes a new, single tri-plex building on an infill lot on East King Street. It lies within the Old Town district. There are two legal parcels that comprise the majority of the vacant area which formerly had single family homes (210 and 214 King). The homes have been removed. The Old Town zone requires a Conditional Use Permit for multi -family dwellings. ACHD is requiring the Applicant to construct a rolled curb, gutter and 5 -foot wide sidewalk along King Street abutting the parcel. They are also requiring the Applicant to pave the alley abutting the site from the east property line to 2nd Street, a condition the Schmeckpeper's are appealing. The ACHD Commission hearing on the appeal is currently set for 7/5/00. LOCATION The subject parcels are located mid -block on the north side of King Street in Old Town, between E. 2nd and E. 3rd Streets. All surrounding properties are also zoned Old Town. The property is located in an area designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Alley. North of the alley is a single family residence and a 4-plex (located at 229 E. Ada Ave.). There is another tri-plex located on the north side of E. Ada Avenue (210 — 214 E. Ada). South — Detached single family homes. West — A detached single family home (that fronts on E. 2nd) lies immediately west. There is also a multi- plex residential complex at the SWC of E. Ada and E. 2nd further to the west. East — A detached single family is immediately east. The next parcel contains a 4-plex (1 Vz story) and the Meridian Missionary Baptist Church lies east of the 4-plex. CUP -00-036 Schmekpeper Triplex.CUP.doc HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 MEMORANDUM: July 3, 2000 C To: Planning & Zoning Commission/Mayor and City Council From: Bruce Freckleton, Assistant to City Engineerc,,j?(� City of Ater, dia:r; Brad Hawkins -Clark, Planner eoC_ - .k 0 ff7c Re: Tri -Plea Apartment Complex by Merlyn & Brandon Schmeckpeper 9 Conditional Use Permit for Single Tri-Plex (CUP -00-036) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This CUP application proposes a new, single tri-plex building on an infill lot on East King Street. It lies within the Old Town district. There are two legal parcels that comprise the majority of the vacant area which formerly had single family homes (210 and 214 King). The homes have been removed. The Old Town zone requires a Conditional Use Permit for multi -family dwellings. ACHD is requiring the Applicant to construct a rolled curb, gutter and 5 -foot wide sidewalk along King Street abutting the parcel. They are also requiring the Applicant to pave the alley abutting the site from the east property line to 2nd Street, a condition the Schmeckpeper's are appealing. The ACHD Commission hearing on the appeal is currently set for 7/5/00. LOCATION The subject parcels are located mid -block on the north side of King Street in Old Town, between E. 2nd and E. 3rd Streets. All surrounding properties are also zoned Old Town. The property is located in an area designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Alley. North of the alley is a single family residence and a 4-plex (located at 229 E. Ada Ave.). There is another tri-plex located on the north side of E. Ada Avenue (210 — 214 E. Ada). South — Detached single family homes. West — A detached single family home (that fronts on E. 2nd) lies immediately west. There is also a multi- plex residential complex at the SWC of E. Ada and E. 2nd further to the west. East — A detached single family is immediately east. The next parcel contains a 4-plex (1 Vz story) and the Meridian Missionary Baptist Church lies east of the 4-plex. CUP -00-036 Schmekpeper Triplex.CUP.doc Mayor, Council and P&Z July 3, 2000 Page 2 GENERAL CONDITIONAL USE REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. 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. 2. Off-street parking shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 3. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11 -13 -4.E. -G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 5. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 6. Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. SITE SPECIFIC REQUIREMENTS 1. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. 3. Assessments for sewer and water service are determined during the building permit application process. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for overpayment of assessments and payment to the City of Meridian CUP -00-036 Schmekpeper Triplex.CUP.doc Mayor, Council and P&Z July 3, 2000 Page 3 of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 4. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 5. Building Setbacks: The Site Plan only shows a 7 -foot building setback from both the east and west property lines. Ordinance requires a minimum of 5 feet setback per story. The proposed tri-plex elevation shows a two-story building and would require a minimum of 10 feet setback, or an additional 3 feet per side. Single level dwellings abut the subject lot to both the east and west. The Applicant must submit a Variance application and receive approval from City Council to reduce the setbacks below the 5 feet required by Ordinance. This must be obtained prior to receiving a Certificate of Zoning Compliance. In addition, he should obtain written approval from the Building Official and Fire Department regarding the reduced setback allowance. 6. The Ada County Assessor maps show a 3 '/2 -foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site. It appears this strip of land is outside of the 56 -foot lot frontage width shown on the Site Plan. There is also no record of this strip serving as any kind of easement. The Applicant's contractor(s) should verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 %s -foot strip. 7. Coverage: The Zoning Ordinance does not provide a maximum lot coverage for residentially -zoned lots. In Old Town, there is typically greater lot coverage than on parcels or lots on the urban fringe. The proposed tri-plex has a high percentage of lot coverage (approximately 2,940 s.f. building footprint on a 6,104 s.f lot, or 48% coverage). As a two-story building, the bulk on the lot is emphasized. Staff recommends the Applicant meet the 10 -foot building setback to help reduce the overall coverage and bulk on the lot. 8. Parking: Ordinance 11-13-5.B. requires two off-street parking spaces be provided perunit for multi- family dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the dwelling units, which would meet the minimum off-street parking requirement. There is also the potential for off-street parking as tandem parking behind each garage, which would add another six (6) spaces. 9. Since floor plans were not submitted with the application, we do not know the number of bedrooms per unit. If the complex provides three-bedroom units, Staff would have a concern that the two CUP -00-036 Schmekpeper Triplex.CUP.doc Mayor, Council and P&Z July 3, 2000 Page 4 spaces per unit would be inadequate. King Street has a very narrow street section with no existing sidewalks on either side. Safety for children in the neighborhood is a concern. Regardless of unit size, Staff recommends a condition that on -street parking be prohibited for all tenants of this complex. 10. Landscaping: Ordinance 11-13-4.13.1. requires landscaping be provided on site for all multi -family residences. The Applicant is proposing three (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building. The trees must be kept outside of the public right-of-way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. 11. Fencing: The Applicant did not address fencing on their proposed Site Plan. Please be prepared to comment on this item at the public hearing. The Zoning & Development Ordinance does not address fencing requirements for multi -family housing but the City has typically required some form of fencing for such projects. Fencing in Old Town should be of the "good neighbor" quality and should not be chainlink. At a minimum, Staff recommends some type of good neighbor fence, either open - vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. Should the Commission choose not to require permanent fencing, the Applicant must provide temporary fencing around the site perimeter during construction to contain debris. Recommendation Staff recommends approval of this application with the conditions noted above. COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Land Use Chapter 1.4U — Encourage new development that reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 2. lU — Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.3U — Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.5U — Encourage compatible infill development that will improve existing neighborhoods. CUP -00-036 Schmekpeper Triplex.CUP.doc Mayor, Council and P&Z July 3, 2000 Page 5 Transportation 1.20U — Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Housing 1.1 - ...provide for a wide diversity of housing types... in a variety of locations suitable for residential development. 1.4 — The development of housing for all income groups close to employment and shopping centers shall be encouraged. 1.13U — Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if a.) The cost of such a parcel of land precludes development at surrounding densities; or b.) Development of uses other than single-family structures are compatible with surrounding development. 1.14 — Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. Community Design Chanter 5.2 — Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.11 U — Promote well-planned and well -designated affordable housing in all Meridian neighborhoods. CUP -00-036 Schmekpeper Triplex.CUP.doc WHITE, PETERSON, PA%ss, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JDLIEI�FdAtsCFiElt 200 EAST CARLTON AVENUE NAMPA OFFICE WGt " M. F. Y, Iii BRENT J. JOHNSON POST OFFICE BOX 1150 104 Nm H AvENuS SouTH D. SAMUEL JOHNSON MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 WimiAM A. MORROW NAMPA, IDAHO 83653-0247 WiLuAM F. Nicxocs TEL. (208) 466-9272 CHRISTOPHER S. NYE TEL 208) 288-2499 FAX (208) 466.4405 PEnip A. PETERSON FAX (308) 288-2501 STEPHEN L. PRuss ERic S. RossMAN PLEASE REPLY To TODD A. ROSSMAN MERIDIAN OFFICE DAVID M. SWARTLEY TERRENCE R. WHITE To: St July 19, 2000 RECEIVED paff p licant Affected Property OwnerC Owner(s) JUL 2 � ���� ITY OF ME141pIgN ciry �, FRK Re: Application Case No. CUP -00-036 OFFICE Hearing Date: August 1, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the'l Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters arep resented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planiung and Zoning Commission; and That you carefully complete (be sure it is le'ble) the Position Statement if You disagree with the Findings and7ecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing; if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, C"Attey'sQf ice IY/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A TRIPLEX APARTMENT COMPLEX IN OT ZONE MERLYN & BRANDON SCHMECKPEPER Applicant Case No. CUP -00-036 RECOMMENDATION TO CITY COUNCIL 1. The property is located at 210-214 I(ing Street, Meridian, Idaho. 2. The owner of record of the subject property is Merlyn Schmeckpeper of Meridian. 3. . Applicant is Brandon Schmeckpeper of Boise, Idaho. 4. The subject property is currently zoned OT. The zoning district of OT is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2 L. 5. The proposed application requests a conditional use permit for triplex apartment complex. The OT zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT —TRIPLEX APARTMENT COMPLEX IN OT ZONE — MERLYN & BRANDON SCHMECKPEPER 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION I . The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. 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. 1.2 Off-street parking shall be in accordance with the design standards set forth in Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with the Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 1.3 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11 -13 -4.E. -G. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT —TRIPLEX APARTMENT COMPLEX IN OT ZONE — MERLYN & BRANDON SCHMECKPEPER 1.5 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.IC 1.6 Screen trash areas on all sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. 1.7 Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. 1.8 Assessments for sewer and water service are determined during the building permit application process. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 1.9 In accordance with Ordinance No. 11-13-4.B.2., underground year- round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 1.10 Building Setbacks: The Site Plan only shows a 7 -foot building setback from both the east and west property lines. Ordinance requires a minimum of 5 feet setback per story. The proposed tri-plex elevation shows a two-story building and would require a minimum of 10 feet setback, or an additional 3 feet per side. Single level dwellings abut the subject lot to both the east and west. The Applicant must submit a Variance application and receive approval from City Council to reduce the setbacks below the 5 feet required by Ordinance. The Planning and Zoning Commission recommends approval. This must be obtained prior to receiving a Certificate of Zoning Compliance. In addition, he should obtain written approval from the Building Official and Fire Department regarding the reduced setback allowance. The Planning and Zoning Commission further encourages the City Council to approve a variance of the setback from 10 feet to 7 feet. RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT —TRIPLEX APARTMENT COMPLEX IN OT ZONE — MERLYN Sz BRANDON SCHMECKPEPER 1.11 The Ada County Assessor maps show a 3 1/2 foot wide parcel under separate ownership (Robert Strasser) between the subject parcel and the single family residence east of site. It appears this strip of land is outside of the 56 -foot lot frontage width shown on the Site Plan. There is also no record of this strip serving as any kind of easement. The Applicant's contractor(s) should verify the property boundary and ensure the setbacks are measured from the property line of record and excludes this 3 1/2 -foot strip. 1.12 Coverage: The Zoning Ordinance does not provide a maximum lot coverage for residentially -zoned lots. In Old Town, there is typically greater lot coverage than on parcels or lots on the urban fringe. The proposed tri-plex has a high percentage of lot coverage (approximately 2,940 s.f. building footprint on a 6,104 s.f lot, or 48% coverage). As a two-story building, the bulk on the lot is emphasized. Staff recommends the Applicant meet the 10 -foot building setback to help reduce the overall coverage and bulk on the lot. Unless a variance is granted as noted in 1.10 the Commission would recommend fencing around site as approved by the Building Department. 1.13 Parking: Ordinance 1 1-13-5. B. requires two off-street parking spaces be provided per unit for multifamily dwellings (garages are not required). As designed, the Applicant proposes six (6) single car garages below the dwelling units, which would meet the minimum off-street parking requirement. There is also the potential for off-street parking as tandem parking behind each garage, which would add another six (6) spaces. 1.14 Since floor plans were not submitted with the application, we do not know the number of bedrooms per unit. If the complex provides three- bedroom units, Staff would have a concern that the two spaces per unit would be inadequate. King Street has a very narrow street section with no existing sidewalks on either side. Safety for children in the neighborhood is a concern. Regardless of unit size, Staff recommends a condition that on -street parking be prohibited for all tenants of this complex. 1.15 Landscaping: Ordinance 11-13-4.B.1. requires landscaping be provided on site for all multi -family residences. The Applicant is proposing three RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT —TRIPLEX APARTMENT COMPLEX IN OT ZONE — MERLYN & BRANDON SCHMECI(PEPER (3) Class 1 broadleaf trees, one tree at three of the four lot corners, as well as shrubs along the east and west sides of the building. The trees must be kept outside of the public right-of-way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. 1.16 Fencing: Fencing in Old Town should be of the "good neighbor" quality and should not be chainlink. At a minimum, Staff recommends some type of good neighbor fence, either open -vision or solid, at least 4 feet in height, be constructed along the east and west boundaries the depth of the building footprint. Should the Commission choose not to require permanent fencing, the Applicant must provide temporary fencing around the site perimeter during construction to contain debris. ey/ZAWork\M\Meridian 15360M\Recommendations\CUP036Triplex.wpd RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT —TRIPLEX APARTMENT COMPLEX IN OT ZONE — MERLYN & BRANDON SCHMECIQ'EPER MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPAM RTENT CITY COUNCIL CITY OF MERIDIAN 9 � `204' 288-25" MEMBERS Ron Anderson 33 EAST IDAHO PUBLIUBLI C WORKS BUILDING DEPARTNIENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT 208) 884-5533 - Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19, 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE:_ July 11, 2000 FILE NUMBER: CUP -00-036 REQUEST: Triplex apartment complex in Old Town currently bare qround BY: Merlyn & Brandon Schmeckpeper LOCATION OF PROPERTY OR PROJECT: 210/214 King Street, east of First and south of railroad tracks—north side of King between 2nd and 3rd - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z —KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C _ MMY de WEERD, C/C ATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER JUN 2 0 2000 CITY OF 1i R IL MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE s RECEIVED JUN 1 2 2000 Niendlan Ch Water Suije.111I efident nb/2b/2000 09:14 2088885052 SANITARY SERVICE / PAGE 07 MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live CITE' COUNCIL MEMBERS CITY O�'j LEGAL �EPART,�IENT Ron Anderson MERIDIAN. (-'08) 288-2499 • Pa, '-M2501 Keith Bird 33 EAST IDAHO PUIXIC �4'pRKs MERIDIAN, IDA 2 BUILDING DEPARTMENT Tammy deWeerd H0 8364_ (_08) 8S7 -?3I I - Fax 587-I_,>7 (303) SS8-4.=t33 •Fax (208) 887-�8I3 Cherie "AcCand)ess PLANNING AND ZONING City Clerk Office Fax (203) 838-42 IS DEPARTMENT (208) 884.5533 - Fax 88s.G,i5, TRANSMITTAL, TO AGENCIES FOR COMMENTS ON DEVELOP WITH THE CITY OF MERIDIAN DEVELOPMENT PROJECTS To insure that your comments and recommendations will be considered Planning & Zoning Commission, please submit your comments an by the Meridian to Meridian City Hall, Attn: Will Berg, City Clerk b d recommendations TRANSMITTAL DATE: Y� June 19 2000 June 8 2000 HEARING DATE: July 11 2000 FILE NUMBER: CUP -00-03F REQUEST:_ Triplex at BY: Merl n & Brandon Sch nt LOCATION OF PROPERTY OR PROJECT 50Uth of railroari trn,,L,- - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z -_RICHARD HATCHER, P/Z —KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON. C/C CHERIE MCCANDLESS, C/C _,KEITH BIRD, C/C ,TAMMY de WEERD, C/C WATER DEPARTMENT EWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT ____CITY ATTORNEY _CITY ENGINEER _CITY PLANNER JUN 20 '00 09:22 n 2101214 Kin Street east of First and i between 2nd anti Zrd MERIDIAN SCHOOL DISTRICT --MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH �NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO -(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) 2088885052 PAGE -M7 C.P. City of Meridian 33 East Idaho Meridian, Idaho 83642 Attention William G. Berg, Jr. Dear Sir, RECEIVED JUN 2 62000 CITY OF MERIDIAN CITY CLERK OFFICE We are writing in regard to the hearing on July 11th for the purpose of reviewing and considerating the application of Merlyn and Brandon Schmeckpeper for a conditional use permit for a proposed triplex/apartment in Old Town, located between 2nd and 3rd Street. This will put the triplex/apartment next to us and we have no objections in him building it. We maynot be able to attend the hearing, so we are sending this letter to you. Yours truly, July 7, 2000 MERIDIAN PLANNING & ZONING MEETING: july 11 2000 ITEM NUMBER: -§- APPLICANT: MERLYN AND BRANDON SCHMECKPEPER REQUEST: CONDITIONAL USE FOR PROPOSED TRIPLEX APARTMENT COMPLEX AGENCY COM_ M _ CITY CLERK: SEE LETTER CITY ENGINEER: CITY PLANNING &ZONING DEPT. SEE STAFF COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: SEE COMMENTS MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: SEE COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Certified Mailing Returns Project Name File No(s) Tri-Plex Apts in Old Town CUP -00-036 Date of Hearing Name Address Reason for Return 1 1 -Jul -00 Cindi Atwood 223 E. 3rd St. Meridian Id 83642 Unclaimed 11 -Jul -00 Sharon Ann Barrows 215 E. 3rd St. Meridian, Id 83642 Unclaimed Statesman - P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION' :1 y DTI# dentification - - Amoun1 064514 271 631 PUBLIC HEARING Ordered by: $82.20P.0. # Rate Run Dates SHELBY NT CITY OF MERIDIAN JUNE 23, JULY 7, 2000 Number of Lines 33 EAST IDAHO STREET MERIDIAN, IDAHO 83642 55 Affidavit Legal # W ULEAPBICHR NG NOTICE IS HEREBY GIVEN pursuant *and the the ofsthetCof ity nof IdaMeridian , thath 'the Planning and Zoning Commission of . 'the City of Meridian, Idaho at the hour of 7:00 p.m. on July 11, 2000 for the purpose of reviewing and considering the applica- tions of: Of R2 297 acmes frromor nRel to R 4 foroPro- Posed single family residences located at Franklin and Linder. Bond & Shelli Campbell for a prelimi- .nary plat approval of 5.60 acres zoned R-3 for proposed single family residences located north of Ustick Road one half mile east of Meridian Road. John & Sandra Goade for preliminary plat approval of 8.29 acres zoned L -O and C -G ,for proposed Waltman Court Subdivision located at Waltman Lane and SW 5th. Sam Johnson -The Maze, LLC for con- . ditional use permit for proposed corn field maze located SE corner 1-84 and South `Eagle Road. tio& Brandon rtltp pot.codi .conditional mifor Proposed triplex .apartment Complex in Old Town located north side of King between 2nd and 3 - Streets. U.S. West Communications for condi- Tonal use permit for proposed addition of ;!,574 SF to existing 5,715 SF telephone .pquipment building located at the NE cor- ner Meridian and Idaho Avenues Williams for sdnean mit for PopoedgymnaticSacd 41 karate instruction zoned I -L located at the NE corner of Ralstin and E. Commercial. above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours A copy of the application is available sons shall be het. ard a s aidtpublicthearriing and the public is welcome and invited to submit testimony. Pub. Jun. 23, Jul. 7, 2000,'lowttfy�,_�,.,..i vkot, x N USLIG # ,10 •,,�''9�.� X OF ID 7511 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly =single =consecutive daily =odd skip insertion(s) beginning with the issue of: JUNE 23 , 2000 and ending with the issue of: JULY 7 2000 STATE OF IDAHO ) )Ss COUNTY OF ADA On this 7 day of JULY in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed tte same. Notary Public for Id o Residing at: Boise, daho My Commission expires: �� ZO'3SUd MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ikon Anderson Keith Bird Tammy dcWccrd Chcrie McCandless 9P %7Ad bbL0b888aZ HUB OF TREASURE VALLEY A Good Placc to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 L/I,7j1 (208) 885-4433 • Fax (208) SS7-x813 L.L " City Clerk OECice Fax (Z08) 355-42133 ZOOQ PS:eO 00, 2I Nnf LEGAL DEPARTMENT (208) 288-2499 - Fax 288-250 PUBLIC WORKS PUILDING DEPARTMENT (208) 887.2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 88S-6854 vii,y- of Meridian TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sr Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn.- Will Berg, City Clerk by: June 19 2000 TRANSMITTAL DATE: June 8 2000 HEARING DATE: July 11 2000 FILE NUMBER: CUP -00-036 REQUEST: Triplex apartment complex in Old Town currently bare ground BY: Merlyn & Brandon Schmecknener LOCATION OF PROPERTY OR PROJECT: 210/214 King Street, east of First and south of railroad tracks—north side of King between 2nd and 3rd - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z ,RICHARD HATCHER, P/Z _KEITH SORUP, PiZ _ROBERT CORRIE, MAYOR —RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C --,WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Ron Anderson Keith Bird Tamy 33 EAST IDAHO MERIDIAN, IDAHO 83642 PUBLIC WORKS BUILDING DEPARTMENT m deWeerd Cherie McCandless (208) 888-4433 • Fax (208) 887-4813 (2-08) 887-2211 • Fax 887-1297 City Clerk Office Fax (208) 888-42 18 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITH THE CITY OF MERIDIAN PRO JECTS To insure that your comments and recommendations will b 19 nsldered by the Meridian Planning &Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19 TRANSMITTAL DATE: June 8 2000 2000 FILE NUMBER: CUP-on_n�HEARING DATE: July 11 2000 � REQUEST BY: Merlyn & B Triplex apartmen Old U LOCATION OF PROPERTY OR PROJECT: 2101214 King Street east of Fist and �nflfh „f rail ---.j - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT IRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER side of Ki and 3rd MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) RECEIVE JUN 13 2000 CITY OF MERIDIAN CITY CLERK OFFICE 2088886854; May -18-00 11:11AM; Page 2 Sent By: City of Meridian; GRAHAM FA.RRIS 0 & JACK F BLY SANDRA KAY 226 E ADA AVE MERIDIAN 11) 83642-2730 SPENCER JOHN RJR & SPENCER NANCY J 4688 W VTcrORY RD MN.R11)lAN ID 83642-6846 419 E 03RD S1' GREEN TRFF FINANCIAL SERVICING CORPORATION 7360 S K�E TI?MPE AL 00008-5283 402 E 02ND ST KELLEY EY LARRY W & KELLE)r JUDY M 403 E 02ND MERIDIAN ID 83642-(x10(1 T) AND TRUST ES SHI-RWOOD RONALD A & SHERWOOD GRI?7'CHEN M PO BOX 13 MERIDIAN ID 83680-0013 203 P ADA ST GUNN WAYNE A & GUNN WENDI I. 209 E ADA AVE ]v ylUDIAN Ill 83642-2729 BLESSIN BARRY K 217 E ADA AVE MERIDIAN IT) 83642 2729 pl. 5 L Nffl'ED PARTNERSHIP 909 WYNDEM ?RLs i)R BOISF.ID 83702-1366 229 E ADA Sl' BOWLES BILLIE EV ANS JENNIFER A PO WX 692 130 E ADR AVE MERIDIAN ID 83642-0000 MERIDIAN ID 83642-2728 403 E 03RD ST CA PBELL ARTI IUR ► = 1)IAZ FELIX 415 E 02ND ST CARNFS CHRISTINE L NIF?RJDIAN ID 83642-0000 342 03RD I.UGAN DAWN M LIVING "TRUST MERIDIAN ID 836424)00(? 3588 VERANDA WAY GiNC.'RICH LEON W & BOISE 837QG-5459 BID BO S 11) 8 CTINGRICH IDA I t)UISE Sl" 1712 9TIi ST RAUSC:H RICHARD P & NAMPA IU H651-4759 RAUSCH T OIS J 121 F ADA ST PO BOX 278` CBWCKPFIPFR l,. MARSING ID 83639-0278 OR S RALEsNL 208 E ADA ST 157 F. 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F 2310 GEM AVI~. gN MINT ID 83617-9625 115 E KING ST RYICE.I;; DARROLD R & RYKER KAREN L 226 E 03RD NffF. DIAN ID 83642-(X100 ATWOOD CINDI 223 E 3RD S'1' MF,RIDIAN ID 83642-2719 NASH EDWARD L& NASH CYNTHIA D 226 I-: 2ND ST MERIDIAN Ill 83642-0000 BARROWS SHARON ANN 215 F, 03RD Sl' M.1::RIDIAN ID 83642-0000 MU -LER FR1f:llA L 234 WII.JJAMS AVE MERIDIAN ID 83642-2762 TORRES THOMAS T 228 E WILJJAMS AVE MERIDIAN Ill 83642-2762 2088886854; May -18-00 11:12AM; BANNER MARC & BEVERI Y ARMSTRONG JAMES S RFALIY MANAC;F=MENT ASSOC INC 5018 EMERAU) STSUIT F #100 BOISE ID 83706-0000 2201: `1 A]LLIANLS AVE FREITAS DANIEL. 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