MEMORANDUM TO: FROM: Mayor and Boise City Council Hal Simmons Planning Director Boise City Planning and Development Services Department DATE: May 19, 2006 RE: CUP05-00172 (Adoption of Findings & Revised Conditions of Approval) The following application has been scheduled for May 30, 2006 Project Description: Kappa Sigma Fraternity requests Conditional Use approval to utilize an existing building as a fraternity house in an R-2D (Combined Residential with Design Review) zone. Action by the Boise City Council On May 16, 2006, the Boise City Council denied an appeal of the Southeast Boise Neighborhood Association, and upheld the previous approval and findings by the Boise City Planning and Zoning Commission. The Council determined that both additions and revisions to the original conditions of approval were necessary to support the findings. Discussion: Attached is the Reason for the Decision, along with the original, modified, and additional conditions of approval for adoption by City Council.
Page 2 Reason for the Decision The fraternity house is compatible with other uses in the general neighborhood. Single and multifamily residential development, both rental and owner occupied units are located in the vicinity, along with the Boise State University campus to the north. The nature of the proposed use is similar in intensity to these existing uses. The site is large enough to accommodate the proposed use. All setback requirements have been met or exceeded and all required parking spaces have been provided. With the attached recommended conditions of approval, the proposed use will not adversely affect other property in the vicinity. The changes to the site will require design review approval to ensure adequate landscaping and screening has been provided. The proposed use will not place an undue burden on transportation or any other public facility in the vicinity. The Ada County Highway District indicated they would not have any site specific requirements for this development as all necessary improvements were previously constructed. The applicant will be required to provide a larger garbage dumpster to accommodate trash on-site. No other public agency has indicated the use will detrimentally affect the services they provide. The request is in conformance with the goals, objectives and policies of the Comprehensive Plan. The fraternity has been appropriately integrated into the neighborhood and is within walking distance of the BSU campus. (Goal 7.2) Conditions of approval will ensure the protection of a peaceful environment within the neighborhood, free from noise and disruptions. (Goal 3.3) Recommended Conditions of Approval Site Specific: 1. Construction, use and property development shall be in compliance with plans and specifications on file with the Boise City Planning and Development Services Department date stamped received on December 27, 2005 except as may be modified by the Design Review Committee or Staff, or the following conditions: 2. The applicant shall comply with the requirements of the Boise City Public Works Environmental Division. As indicated in the January 20, 2006 memo, a three yard dumpster with adequate screening shall be provided. 3. The hours of operation for functions, meetings, and gatherings of any type and duration which involve nonresidents and which go beyond the normal living function of the house shall be between 9:00 a.m. and 10:00 p.m. daily.
Page 3 4. The fraternity shall at all times have an elected, active member in the Southeast Boise Neighborhood Association. This representative shall be required to attend all regularly scheduled neighborhood association meetings. The mailing address, email information, and telephone number of this person must be provided to the neighborhood association along with a current list of all residents of the house. The designated member must be available for contact 24 hours a day, 7 days a week. 5. The fraternity shall revise its by-laws to include a requirement for a continuing education program for all members regarding this Conditional Use Permit, and the accompanying requirements. A copy of the revised by-laws must be provided to the Southeast Boise Neighborhood Association and to Planning and Development Services for the file. 6. The subject property shall be well maintained and free off trash, including litter, debris, and junk/abandoned vehicles. No member of the fraternity shall discard any trash or debris onto neighboring properties or the public right of way. 7. The property must remain occupied on a year-round basis. 8. The property shall at all times maintain the appearance of being owner-occupied, and maintained as residential in appearance. 9. Loitering in the alley or on neighboring properties is prohibited for any resident or guest of the fraternity. 10. No amplified noise from the premises shall be plainly audible within any residence not the source of the sound or plainly audible from one hundred feet of the subject property as documented by neighboring residents and the police. 11. The applicant shall submit a zoning certificate application to Design Review Staff for review and approval of the proposed landscaping. In addition to design review requirements, the plan shall address the following: a. The area between the sidewalk and the curb along Michigan Avenue shall be landscaped in a similar manner to the parkway treatment being implemented by the Southeast Boise Neighborhood Association throughout the area. b. The 5 landscape planter along the southern property line shall include a combination of deciduous and evergreen shrubs which will provide year-round visual interest. c. All required landscaping shall be installed by June 30, 2006. 12. The parking spaces along the alley shall be a minimum of 23 in length, and shall be striped accordingly. 13. The sign for the property shall be limited to 2 square feet in size and must be attached flat on the building wall or an awning below the eave.
Page 4 14. Alcohol shall be prohibited outside the building. 15. The Boise Fire Department has reviewed this application and has no objection. Any deviation from this plan is subject to Fire Department approval. For further information regarding fire memo PRE05-00329 contact David S. Miller, at 384-3827. 16. The applicant shall comply with the requirements of the Boise City Public Works Department (BCPW) for drainage, sewers, and street lights per Department comments dated January 6, 2006. Please contact BCPW at 384-3900. All items required by BCPW shall be included on the plans/specifications that are submitted for a Building Permit. Please note that any changes or modifications by the owner to the approved plans must be submitted to the Public Works Department for approval. 17. All conditions of the Ada County Highway District associated with this development shall be complied with. General: 18. No change in the terms and conditions of this approval shall be valid unless in writing and signed by the applicant or his authorized representative, and an authorized representative of the City of Boise. The burden shall be upon the applicant to obtain the written confirmation of any change and not upon the City of Boise. 19. 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 City of its intent to change the planned use of the property described herein unless a variance in said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 20. Prior to a building permit and prior to any construction on the site, and an Erosion and Sediment Control Permit must be obtained from the Building Division of the Planning and Development Services Department. 21. An Occupancy Permit will not be issued by the Building Department until all of these condition(s) have been complied with. In the event a condition(s) cannot be met by desired date of occupancy, the Planning Director will determine whether the condition(s) is bondable or should be completed, and if determined to be bondable, a bond will be required in the amount of 110% of the value of the condition(s) which are incomplete. 22. Trash receptacles, on-grade and roof-top mechanical and electrical equipment shall be screened from public view by use of an approved sight-obscuring fence and/or hedging. 23. Vision Triangles as defined in Section 11-01-03 and Section 11-10-04.4G. of the Boise City Zoning Ordinance shall remain clear of all sight obstructions.
Page 5 24. A detailed grading and drainage plan shall be submitted for review and approval by the Ada County Highway District and Boise City Public Works Department before a Building Permit is issued. 25. The applicant or his/her contractor shall obtain a right-of-way permit from the Ada County Highway District prior to any construction in the public right-of-way. 26. This approval does not include approval of any signage. A separate Sign Permit will be required from the Boise City Planning and Development Services Department prior to installation of sign(s). 27. All landscaping shall be maintained in a healthy and attractive condition and shall be irrigated by an appropriate underground irrigation system. 28. All parking areas and driveways shall be paved, marked and provided with approved wheel restraints, and shall be designed and laid out to conform to the minimum standards required by the Boise City Zoning Ordinance. 29. Any future division of this parcel into individual lots or parcels, for the purpose of selling the separate lots to individual owners, will be required to comply with all provisions of Boise City Code, Title 9, Chapter 20, including lot frontage on a public or approved private street, and all requirements for preliminary and final platting. 30. Construction, use and property development shall be in conformance with all applicable requirements of the Boise City Code. 31. The applicant shall obtain Building Permits prior to any work commencing on the property. 32. Specific building construction requirements of the Uniform Building and Uniform Fire Codes will apply. However, these provisions are best addressed at building permit application. 33. Failure to abide by any condition of this Conditional Use Permit shall be grounds for revocation by the Boise City Planning and Zoning Commission. 34. This conditional use shall be valid for a period not to exceed eighteen (18) months from the date of approval by the Planning and Zoning Commission. Within this period, the holder of the permit must: A. Acquire construction permits and commence placement of permanent footings and structures on or in the ground. The definition of structures in this context shall include sewer lines, water lines, or building foundations; or B. Commence the use permitted by the permits in accordance with the conditions of approval.
Page 6 35. Prior to the expiration of this conditional use, the Commission may, upon written request by the holder, grant a one-year time extension. A maximum of three (3) extensions may be granted. 36. All development authorized by this conditional use approval must be completed within 5 years (60 months) from the date of the Commission's approval or the applicant will be required to submit a new conditional use application.