HomeMy WebLinkAboutBoise West RV CUP-04-001
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A 224 STALL
R.V. RESORT WITH 4 BUILDINGS
AND AMENITIES ON 13 ACRES IN
A CoG ZONE, LOCATED ON THE
NORTH SIDE OF THE
UNIMPROVED PENNWOOD
STREET, APPROXIMA TEL Y 200
FEET WEST OF MERIDIAN ROAD,
AND 300 FEET SOUTH OF
FRANKLIN ROAD IN SECTION 13,
TOWNSHIP 3 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
AARON C. HOEFT,
APPLICANT
CIC 04-06-04
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Case No. CUP-04-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on April 6, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning
Department, Brad Watson of the Public Works Department, Aaron Hoeft, and Larry Rackham,
appeared and testified, and the City Council having duly considered the evidence and the record
in this matter and the Recommendations to City Council issued by the Planning and Zoning
Commission who conducted a public hearing and the Council having heard and taken oral and
written testimony, and having duly considered the matter, the City Council hereby makes the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 1 OF 27
following Findings of Fact, Conclusions of Law and Decision and Order to-wit:
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 April 6, 2004, 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 April 6, 2004, public hearings; 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.
2.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 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.
This proposed development request is in a CoG zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
Council on this application.
4.
The property is located on the north side of the unimproved Pennwood Street,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 27
approximately 200 feet west of Meridian Road, and 300 feet south of Franklin Road in Section
13, Township 3 North, Range 1 West, Meridian, Idaho.
5.
The owner of record of the subject property is Troutner Business Park
Development Corporation, Mary Ballantyne, President, who has given notarized consent for the
applicant, Aaron C. Hoeft, to submit the requested conditional use permit.
99362.
6.
Applicant is Aaron C. Hoeft, 2404 Stateline Road, Walla Walla, Washington
7.
The subject property is currently zoned CoG. The zoning district of CoG is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8.
The proposed application requests a Conditional Use Permit for a 224 stall R.V.
resort with 4 buildings and amenities on 13 acres in the CoG zone.
Plan.
10.
9.
The proposed application is in compliance with the Meridian Comprehensive
The use proposed within the subject application will in fact, constitute a
conditional use as determined by City ordinance.
11.
record.
12.
There were ten (10) letters in support of the proposed project submitted into
The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
13.
Giving due consideration to the comment received from the governmental
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
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subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Amend Site Specific Condition #7 on page 11 to allow dust-tree gravel in the back-in
parking areas.
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE)
1. All conditions of the previously approved Annexation/Zoning, Development Agreement,
Troutner Park Subdivision #1, and the Preliminary Plat for Troutner Park #2 (PP-03-034)
shall also be considered conditions of this Conditional Use Permit (CUP-04-001).
2. Prior to CZC submittal, 3rd Avenue shall be vacated and abandoned by ACHD and Troutner
Park Subdivision #2 shall be recorded.
3. Pennwood Street, from Meridian Road to and abutting this site, shall be constructed and
approved by ACHD prior to occupancy.
4. Construct the bath and laundry facility on the north side of the Eight Mile Lateral, to be in
general alignment with the drive aisle that crosses the lateral.
5. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning
Department.
6. The design, construction, and maintenance of the propane tank and distribution shall be in
accordance with the International Fire Code, MCC 11-12-2.A.1, and MCC 11-12-3.C.
Coordinate with the Meridian Fire Chief.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
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7. Construct all drive aisles to be a minimum of24 feet wide (measured from back of
concrete curb to back of concrete curb). All internal drive aisles shall have a turning
radius of 28-feet inside and 48-feet outside. The parking areas for R.V.s, tow vehicles,
and passenger cars/trucks, shall be a dust-free surface consisting of either: concrete,
asphalt pavement, or asphalt grindings. (Please note that "dust-tree gravel" does geaemte
dHst ','iflea yeu drive ea it, thereføre it is prohibited. is allowed within the back-in stall
areas.) All parallel parking stalls shall be constructed 23-feet long and 9-feet wide.
Parking stalls 52, 67, and 69 shall either be redesigned to be 19-feet long, or be signed as
compact. All "standard" 90-degree parking stalls shall be at least 9 feet wide and 19 feet
deep. Provide a minimum of 5-feet oflandscaping along the east property line abutting
the office and parking lot. The eastem most parking stall shall be required to have a
minimum of 5-feet of back-up area as well. All vehicular parking stalls shall be designed
and constructed in accordance with MCC 11-13-4.
8. Construct a minimum 5-foot wide landscape buffer along the north property line, a minimum
IS-foot wide landscape buffer along the west property line, and a minimum 20-foot wide
landscape buffer adjacent to the Hope Arm Apartments on the east side of the site, as
proposed. A detailed landscape plan, designed in accordance with MCC 12-13 and reflecting
the changes noted below, shall be submitted for the site with the first CZC application. The
landscaping shown on the submitted site plan is approved, with the following modifications:
.
Organic mulch such as bark or soil aid shall be applied to all planting areas.
Gravel/rock mulch is prohibited in required landscape areas.
Either acquire a license agreement from Nampa-Meridian Irrigation District for the
trees proposed within the irrigation easement on the west side of the property, OR
plant trees along the west property line in accordance with MCC 12-13.
Fencing along Pennwood Street and the west property line shall be restricted to 8 feet
(measured from the top/back of curb or existing grade).
Fencing adjacent to the entrance onPennwood Street shall taper down to a maximum
of3-feet within 20 feet ofthe drive aisle.
.
.
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9. All irrigation ditches, laterals or canals, exclusive of the Eight Mile Lateral, intersecting,
crossing or lying adjacent and contiguous to the area being developed shall be tiled per MCC
12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to
the Public Works Department. Iflateral users association approval can not be obtained, plans
will be reviewed and approved by the City Engineer prior to issuance of a Certificate of
Zoning Compliance (CZC).
10. Provide a Meridian Fire Department approved secondarylemergency access to this site. Said
access shall be a minimum of 20-feet wide and improved for all-weather conditions able to
withstand 70,000 lbs. impact. Twenty-foot swing gates with locks approved by the Fire
Department will be required. The applicant shall coordinate the fire hydrant locations with
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 27
the Meridian Fire Department and Meridian Public Works Department.
11. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary
Services Company (SSe) staff. Trash enclosures must be built in the location and to the size
approved by SSC (see specifications below). All dumpster(s) must be screened in accordance
with MCC 11-12-1.C.
12. All signageshall be in accordance with the standards set forth in MCC 11-14. All signs will
require a separate sign permit in compliance with the sign ordinance. Unless otherwise
approved, no temporary signage, flags, banners or flashing signs will be permitted.
13. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
14. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to and
including a 100-year storm event.
15. Water and sanitary sewer service to this proposed project is from existing mains adjacent to
the site. Staff anticipates that both public and private mains will be required to provide
service to the project. The designer shall furnish the Public Works Department a new site
plan showing existing and proposed utility mains. Project designer to coordinate main sizing
and routing with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service.
16. Outdoor fire pits and the operation of generators are prohibited on this site.
17. All exterior lighting shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with MCC 11-13-4c.
18. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair
Housing Act.
19. Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be
installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE60F27
surety in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc.
20. Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility
for compliance.
21. The subject conditional use permit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or limitation ofthe
permit (MCC 11-17-11).
22. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
C.
Adopt the Recommendations of ACHD as follows:
1. On February 10, 2004, the District received a transmittal from the City of Meridian
requesting comments and recommendations on a conditional use permit request for a 224-
stall R.V. Resort. This project site is currently being reviewed for a vacation and
abandonment request by the property owner. The District was to hold a public hearing on
the vacation request on April 14, 2004 (tentatively). In order to adequately evaluate the
roadway system in and surrounding the site, the District will review the referenced
application after the public hearing process for the vacation request.
2. Comply with all future requirements of the Ada County Highway District.
D.
Adopt the Meridian Fire Department Recommendations as follows:
1. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
2. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE70F27
5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. Coordinate the location of fire hydrants with the Fire
Department and the Meridian Public Works Department.
7. A minimum of two points of access will be required for this development.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide. Streets with less than a 29' street width
shall have no parking. Streets with less than 33' shall have parking only on one side.
9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
10. The Fire Department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost ofthis installation is to be
borne by the developer.
E.
Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design ofthe subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F.
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 27
2. All laterals and waste ways must be protected.
3. The District's Eight Mile Lateral courses through this proposed project. This easement
must be protected and any encroachment without a signed License Agreement and
approved plan, before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the Nampa & Meridian Irrigation District must review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
6. NMID recommends that irrigation water be made available to all developments within the
Nampa & Meridian Irrigation District.
G.
Adopt the recommendations ofthe Sanitary Services Company (SSe) as follows:
I. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a
vehicle parked in front of it.
2. Drive-on capability is required for 6 and 8 cubic yard containers. Allow a minimum of 60
feet frontal clearance.
3. Ensure that enough enclosures are provided to meet waste generation points and volumes. In
some cases waste enclosures may need to be enlarged to meet volumes or more enclosures
may need to be provided.
4. Provide a concrete pad inside of all enclosures. Asphalt will not stand the test of time.
5. Provide an 8 foot concrete apron in front of all waste enclosures. Especially those enclosures
that handle 6 and 8 cubic yard containers.
6. Provide gate locks for both open and closed positions.
7. Provide a minimum of 10 feet clearance inside of the enclosure gates with the gates in the
open position.
8. Install bumpers or stops inside of the enclosure to prevent the container from damaging
enclosure walls and gates.
9. When possible, design the enclosure with an easy pedestrian access point other than the front
gates. This will ensure less mess in the enclosure as well as reduce gate damage.
10. Approval of the trash enclosure design will be required prior to issuance ofa Certificate of
Zoning Compliance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDffiONAL USE PERMIT
PAGE 9 OF 27
H.
Adopt the recommendations of the Meridian Police Department as follows:
1. The proposed development does not offer natural surveillance opportunities of the public
areas. Prior to the next public hearing, the applicant shall meet with the Police Chief
andlor Planning staff to discuss features that increase visibility, including but not limited
to: doors and windows that look out on the public areas, front porches, and adequate
nighttime lighting.
2. To increase emergency access to the site, the applicant shall provide an emergency access
to the west.
3. The pedestrian access to the proposed bath and laundry facility is not well-defined. The
applicant shall revise the site-plan to make the facility more visible and provide better
pedestrian access.
I.
Adopt the action of the City Council taken at their April 6, 2004 meeting as follows:
For clarification:
1. ACHD has not acted upon the application because it has not yet heard the
vacation of the street.
2. An assessment agreement will be required which will allow the Public Works
Department to re-assess the connection fees based on actual usage within the R.V.
Resort.
3. The applicant is in agreement with all of staffs conditions, including the
requirement of a re-assessment agreement. The applicant's agreement to
conditions response letter is on file with the Meridian City Clerk's office.
4. The rules and regulations of the RV. Resort addresses vehicle noise for the resort.
5. The requested name change to Boise Meridian RV. Resort is hereby accepted and
approved.
14.
The applicant, Aaron C. Hoeft, has requested approval of a conditional use permit for
a new 224 stall RV. Park on 13 acres within a CoG zone. The site is located within Troutner
Business Park, on the north side of Penn wood Street, approximately 200 feet west of Meridian Road.
A CUP application is required because RV. Parks are not specifically listed in the schedule of use
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 27
control, because the development agreement in effect on this property requires all development to
obtain CUP approval, and because there are multiple buildings proposed on the same parcel. The
R.V. Park is proposed to be on Lots 10-15, Block 2, Lots 1-3 and 5-8, Block 3, of Troutner Park
Subdivision #1. The current owner of the lots listed above is proposing to re-plat the lots to make
one lot for the R.V. Park. In January of2004, the City approved the preliminary plat of Troutner
Park Subdivision #2, and the concurrent vacation oOrd A venue through this site. In order to comply
with City ordinances, Troutner Park Subdivision #2 must be recorded and the vacation oOrd Avenue
by ACHD must be completed before submittal for a certificate of zoning compliance. Access to the
224 stall R.V. Park is proposed from one 46-foot-wide driveway offPennwood Street. There is a
vehicle staging area adjacent to the office so when multiple vehicles check-in at the same time they
are not stacking into the street or blocking the drive-aisle. The internal drive-aisles are 24-feetwide.
There are 25 pull-throughR.V. stalls, 199 back-in R.V. stalls, and 75 additional parking stalls on the
site. Pennwood Street, from Meridian Road to and adjacent to the site. is currently not constructed.
For each R.V.lot, there will be a tree, picnicldinnertable, a concrete patio, and full utility hook-ups,
which include: sewer, water, television, phone, electrical and wireless internet. Within the office
building near the entrance, there is a shower/bath, an indoor swimming pool, a spa, laundry facilities,
a library, and a conference room. Other amenities on the site include a miniature golf course, a
playground, dog runs, propane distribution, and a second bathroom and laundry facility, north of the
Eight Mile Lateral. The applicant is proposing four buildings on this sit!;. The primary building is
the office facility located on the east side of the entrance. Within the office structure R.V. supplies
and other convenience items will be for sale to patrons. The office building also includes a
conference room, laundry and bath facilities, a pool, and a spa. The second building is a modular
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF27
home that will house the 24-hour, on-site manager. This home is located on the west side of the
entrance, directly across from the office. Just west of the home is a detached garage-type facility
where maintenance equipment will be kept. The fourth building is the laundry/bath facility on the
north side of the Eight Mile Lateral.
15.
It is found that the site is large enough to accommodate the proposed uses and all
yards, open spaces, parking, landscaping and other features required by ordinance.
16.
The Comprehensive Plan Future Land Use Map designates the land to be
"Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to
provide a full range of commercial and retail to serve area residents and visitors. Uses may
include retail, wholesale, service and office uses, multi-family residential, as well as appropriate
public uses such as government offices. It is found that the proposedRV. Park is harmonious
with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map.
The following Goals, Objectives, and Action items contained in the 2002 Comprehensive
Plan are applicable to this application:
. "Permit new. . .commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter IV, Goal I, Objective A, Action item 6)
. "Require all commercial businesses to install and maintain landscaping." (Chapter V,
Goal III, Objective D, Action item 5)
. "Encourage infill development in vacant/underdeveloped areas within the City over
fringe area development to halt the outward progression of urban development." (Chapter
V, Goal I, Objective A)
. "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough,
and Jackson and Evans drainages) throughout commercial, industrial and residential
areas." (Chapter V, Goal I, Objective A, Action item 11)
17.
As a use, it is believed that a RV. Park should be compatible with the residential,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 27
commercial, and office uses that are in the general area. However, some of the property
owners/tenants in the first phase of the Troutner development have stated that they do not think that
an R. V. Park is well-suited for this area. If the landscaping and other improvements are constructed
as outlined in this report, it is found that the general design, construction, operation, and maintenance
should be compatible with other uses in the general neighborhood and with the existing or intended
character of the area.
18.
It is not anticipated that the proposed development will have an adverse impact on the
surrounding property.
19.
On February, 13,2004, ajoint agencyldepartment comments meeting was held with
representatives of key serve providers to this property. The Meridian Fire and Police Departments
submitted a list of conditions, and which are addressed above in number 13. Water and sanitary
sewer service are proposed to be extended from existing mains adjacent to the proposed
development. Due to the pending right-of-way vacation on this property, the ACHD is not taking
action on this application at this time.
20.
The developer will be financing the extension of sewer, water, utilities and irrigation
services to serve the project. The primary public costs to serve the future residents will be fire and
police services. It is found that there will not be excessive additional requirements at public cost and
that the proposed use will not be detrimental to the community's economic welfare.
21.
It is recognized that traffic and noise &om vehicles coming and going &om this site
will increase with the approval of this development; however, it is not believed that the amount
generated will be detrimental to the general welfare of the public. Generators associated with R. V.s
can also generate noise; the applicant is proposing to prohibit generators on-site. The applicant is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 27
proposing to sell propane to patrons of the R.V. Park. As long as the design of the propane storage is
completed in compliance with the International Fire Code and MCC it should not be detrimental. It is
not anticipated that the proposed development will create excessive noise, smoke, fumes, glare, or
odors. It is found that the proposed uses will not be detrimental to people, property or the general
welfare of the area.
22.
As of the print of these Findings, ACHD has not acted on this application. The width
of the proposed driveway (46-feet) is larger than the standard width ACHD approves and will require
approval from ACHD. It is not believed that the proposed driveway location will create an
interference with traffic.
Pennwood Street from Meridian Road to this site is currently unimproved. If the off-site
Pennwood extension is not complete by the time the R. V. Park is ready to open, then patrons will
have to drive all the way around this section to gain access to the site. There are concerns with
this scenario as it may create an interference with traffic at the Meridian Road/Franklin Road
intersection, the Franklin Road/5th Avenue intersection, and within the Troutner Business Park.
The applicant has indicated that in the purchase and sale agreement the seller will be providing
access to Meridian Road to the site within 150 days. It is recommended that Pennwood Street,
from this site to Meridian Road, be constructed and approved by ACHDprior to occupancy of
the R.V. Park.
23.
The Applicant is proposing to leave the Eight Mile Lateral open t1!fough the site. It
is found that the Eight Mile Lateral is significant natural feature that should be protected through
standard stormwater and run-off management practices. There appears to be no other natural or
scenic feature(s) of major importance in the area that may be affected by the proposed development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 27
CONCLUSIONS OF LAW
1.
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2.
The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3.
As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4.
The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 27
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5.
Prior to granting a conditional use permit in the CoG 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 City of Meridian Zoning and Development Ordinance, 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 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 ofthe Commission."
6.
Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 16 OF 27
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
7.
When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
D.
E.
8.
A.
Minimize adverse impact on other development;
B.
Control the sequence and timing of development;
C.
Control the duration of development;
Assure that the development is maintained property;
Designate the exact location and nature ofthe development;
F.
Require the provision for on-site public facilities or services; and
G.
Require more restrictive standards than those generally required, in this
Ordinance.
The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 170F27
Order that:
1.
That the above named applicant is granted a conditional use permit for a 224 stall
RV. Resort with 4 buildings and amenities on 13 acres in the CoG zone, subject to the following
conditions of use and development, subject to the following:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Amend Site Specific Condition #7 on page 11 to allow dust-free gravel in the back-in parking
areas.
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE)
1. All conditions of the previously approved Annexation/Zoning, Development Agreement,
Troutner Park Subdivision #1, and the Preliminary Plat for Troutner Park #2 (PP-O3-034)
shall also be considered conditions of this Conditional Use Permit (CUP-04-001).
2. Prior to CZC submittal, 3rd Avenue shall be vacated and abandoned by ACHD and Troutner
Park Subdivision #2 shall be recorded.
3. Pennwood Street, from Meridian Road to and abutting this site, shall be constructed and
approved by ACHD prior to occupancy.
4. Construct the bath and laundry facility on the north side of the Eight Mile Lateral, to be in
general alignment with the drive aisle that crosses the lateral.
5. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning
Department.
6. The design, construction, and maintenance of the propane tank and distribution shall be in
accordance with the International Fire Code, MCC 11-12-2.A.l, and MCC ll-12-3.C.
Coordinate with the Meridian Fire Chief.
7. Construct all drive aisles to be a minimum of24 feet wide (measured from back of
concrete curb to back of concrete curb). All internal drive aisles shall have a turning
radius of 28-feet inside and 48-feet outside. The parking areas for RV.s, tow vehicles,
and passenger carsltrucks, shall be a dust-free surface consisting of either: concrete,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 27
asphalt pavement, or asphalt grindings. (Please note that "dust-free gravel" doeG geHefatø
El1:lst whell )'81:1 dRYS ell it, !heFeføre it is j'!føhiàited. is allowed within the back-in stall
areas.) All parallel parking stalls shall be constructed 23-feet long and 9-feet wide.
Parking stalls 52, 67, and 69 shall either be redesigned to be 19-feet long, or be signed as
compact. All "standard" 90-degree parking stalls shall be at least 9 feet wide and 19 feet
deep. Provide a minimum of 5-feet oflandscaping along the east property line abutting
the office and parking lot. The eastern most parking stall shall be required to have a
minimum of 5-feet of back-up area as well. All vehicular parking stalls shall be designed
and constructed in accordance with MCC 11-13-4.
8. Construct a minimum 5-foot wide landscape buffer along the north property line, a minimum
IS-foot wide landscape buffer along the west property line, and a minimum 20-foot wide
landscape buffer adjacent to the Hope Arm Apartments on the east side of the site, as
proposed. A detailed landscape plan, designed in accordance with MCC 12-13 and reflecting
the changes noted below, shall be submitted for the site with the first CZC application. The
landscaping shown on the submitted site plan is approved, with the following modifications:
.
Organic mulch such as bark or soil aid shall be applied to all planting areas.
Gravel/rock mulch is prohibited in required landscape areas.
Either acquire a license agreement from Nampa-Meridian Irrigation District for the
trees proposed within the irrigation easement on the west side of the property, OR
plant trees along the west property line in accordance with MCC 12-13.
Fencing along Pennwood Street and the west property line shall be restricted to 8 feet
(measured from the top/back of curb or existing grade).
Fencing adjacent to the entrance on Pennwood Street shall taper down to a maximum
of3-feet within 20 feet of the drive aisle.
.
.
.
9. All irrigation ditches, laterals or canals, exclusive of the Eight Mile Lateral, intersecting,
crossing or lying adjacent and contiguous to the area being developed shall be tiled per MCC
12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to
the Public Works Department. Iflateral users association approval can not be obtained, plans
will be reviewed and approved by the City Engineer prior to issuance of a Certificate of
Zoning Compliance (CZC).
10. Provide a Meridian Fire Department approved secondarylemergency access to this site. Said
access shall be a minimum of20-feet wide and improved for all-weather conditions able to
withstand 70,000 lbs. impact. Twenty-foot swing gates with locks approved by the Fire
Department will be required. The applicant shall coordinate the fire hydrant locations with
the Meridian Fire Department and Meridian Public Works Department.
11. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary
Services Company (SSC) staff. Trash enclosures must be built in the location and to the size
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 19 OF 27
approved by SSC (see specifications below). All dumpster(s) must be screened in accordance
with MCC II-l2-1.C.
12. All signage shall be in accordance with the standards set forth inMCC 11-14. All signs will
require a separate sign permit in compliance with the sign ordinance. Unless otherwise
approved, no temporary signage, flags, banners or flashing signs will be permitted.
13. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
14. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to
and including a 100-year storm event.
15. Water and sanitary sewer service to this proposed project is &om existing mains adjacent to
the site. Staff anticipates that both public and private mains will be required to provide
service to the project. The designer shall furnish the Public Works Department a new site
plan showing existing and proposed utility mains. Project designer to coordinate main sizing
and routing with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service.
16. Outdoor fire pits and the operation of generators are prohibited on this site.
17. All exterior lighting shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with MCC 11-13-4C.
18. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair
Housing Act.
19. Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall
be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or
cash surety in the amount of 11 0% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 20 OF 27
20. Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility
for compliance.
21. The subject conditional use permit may be revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or limitation of the
permit (MCC 11-17-11).
22. This conditional use permit shall be subject to the expiration provisions set forth in MCC
ll-l7-4.B.
c.
Adopt the Recommendations of ACHD as follows:
1. On February 10, 2004, the District received a transmittal from the City of Meridian
requesting comments and recommendations on a conditional use permit request for a 224-
stall RV. Resort. This project site is currently being reviewed for a vacation and
abandonment request by the property owner. The District was to hold a public hearing on
the vacation request on April 14, 2004 (tentatively). In order to adequately evaluate the
roadway system in and surrounding the site, the District will review the referenced
application after the public hearing process for the vacation request.
2. Comply with all future requirements of the Ada County Highway District.
D.
Adopt the Meridian Fire Department Recommendations as follows:
11. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
12. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 21 OF 27
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. Coordinate the location of fire hydrants with the Fire
Department and the Meridian Public Works Department.
7. A minimum of two points of access will be required for this development.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide. Streets with less than a 29' street width
shall have no parking. Streets with less than 33' shall have parking only on one side.
9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
10. The Fire Department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
E.
Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-offis not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F.
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERl\fiT
PAGE 22 OF 27
3. The District's Eight Mile Lateral courses through this proposed project. This easement must
be protected and any encroachment without a signed License Agreement and approved plan,
before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the Nampa & Meridian Irrigation District must review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
6.
NMID recommends that irrigation water be made available to all developments within the
Nampa & Meridian Irrigation District.
G.
Adopt the recommendations of the Sanitary Services Company (SSe) as follows:
1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a
vehicle parked in &ont of it.
2. Drive-on capability is required for 6 and 8 cubic yard containers. Allow a minimum of 60
feet &ontal clearance.
3. Ensure that enough enclosures are provided to meet waste generation points and volumes. In
some cases waste enclosures may need to be enlarged to meet volumes or more enclosures may
need to be provided.
4. Provide a concrete pad inside of all enclosures. Asphalt will not stand the test of time.
5. Provide an 8 foot concrete apron in front of all waste enclosures. Especially those enclosures
that handle 6 and 8 cubic yard containers.
6. Provide gate locks for both open and closed positions.
7. Provide a minimum of 10 feet clearance inside of the enclosure gates with the gates in the
open position.
8. Install bumpers or stops inside of the enclosure to prevent the container from damaging
enclosure walls and gates.
9. When possible, design the enclosure with an easy pedestrian access point other than the front
gates. This will ensure less mess in the enclosure as well as reduce gate damage.
10. Approval of the trash enclosure design will be required prior to issuance of a Certificate of
Zoning Compliance.
H.
Adopt the recommendations of the Meridian Police Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 23 OF27
1. The proposed development does not offer natural surveillance opportunities of the public
areas. Prior to the next public hearing, the applicant shall meet with the Police Chief
and/or Planning staff to discuss features that increase visibility, including but not limited
to: doors and windows that look out on the public areas, front porches, and adequate
nighttime lighting.
2. To increase emergency access to the site, the applicant shall provide an emergency access
to the west.
3. The pedestrian access to the proposed bath and laundry facility is not well-defined. The
applicant shall revise the site-plan to make the facility more visible and provide better
pedestrian access.
I.
Adopt the action of the City Council taken at their April 6, 2004 meeting as follows:
For clarification:
1. ACHD has not acted upon the application because it has not yet heard the
vacation of the street.
2. An assessment agreement will be required which will allow the Public Works
Department to re-assess the connection fees based on actual usage within the RV.
Resort.
3. The applicant is in agreement with all of staff's conditions, including the
requirement of a re-assessment agreement. The applicant's agreement to
conditions response letter is on file with the Meridian City Clerk's office.
4. The rules and regulations of the R.V. Resort addresses vehicle noise for the resort.
5. The requested name change to Boise Meridian RV. Resort is hereby accepted and
approved.
2.
The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
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.
That the City Attorney draft an Order Granting Conditional Use Permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 24 OF 27
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17-
4.B.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 25 OF 27
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
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 ofthe
conditional use permit approval 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
27-f.6- day of
/l1Jrl- Z
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 26 OF 27
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 1-27-04-
VOTED-
MOTION:
APPROVED:----Ä-
DISAPPROVED:-
Z:\WorklM\MeridianlMeridian 15360MIBoise West RV. Resort CUP-O4-001IFfCIsCUPO4-O0I.doc
Attest:
By: dl4L--k~ I (t,
City Clerk '
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 27 OF 27
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 04/06/04
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A 224 STALL
R.V. RESORT WITH 4 BUILDINGS
AND AMENITIES ON 13 ACRES IN
A CoG ZONE, LOCATED ON THE
NORTH SIDE OF THE
UNIMPROVED PENNWOOD
STREET, APPROXIMATELY 200
FEET WEST OF MERIDIAN ROAD,
AND 300 FEET SOUTH OF
FRANKLIN ROAD IN SECTION 13,
TOWNSHIP 3 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
Case No. CUP-04-001
ORDER GRANTING
CONDITIONAL USE PERMIT
AARON C. HOEFT,
APPLICANT
1.
This matter coming before the City Council on April 6, 2004, 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:
2.
That the above named applicant is granted a conditional use permit for a 224 stall
R.V. Resort with 4 buildings and amenities on 13 acres in a CoG zone, subject to the following
conditions of use and development:
ORDER CONDITIONAL USE PERMIT
(CUP-04-001)
PAGE 1 OF 11
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Amend Site Specific Condition #7 on page 11 to allow dust-free gravel in the back-in
parking areas.
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
SITE SPECIFIC CONDITIONS (CONDITIONAL USE)
1. All conditions of the previously approved Annexation/Zoning, Development Agreement,
Troutner Park Subdivision #1, and the Preliminary Plat for Troutner Park #2 (PP-03-034)
shall also be considered conditions of this Conditional Use Permit (CUP-04-001).
2. Prior to CZC submittal, 3rd Avenue shall be vacated and abandoned by ACHD and Troutner
Park Subdivision #2 shall be recorded.
3. Pennwood Street, from Meridian Road to and abutting this site, shall be constructed and
approved by ACHD prior to occupancy.
4. Construct the bath and laundry facility on the north side ofthe Eight Mile Lateral, to be in
general alignment with the drive aisle that crosses the lateral.
5. No building or other structure shall be erected, moved, added to or structurally altered, nor
shall any building structure or land be established or change in use on this site without first
obtaining a certificate of zoning compliance (CZC) &om the Meridian Planning and Zoning
Department.
6. The design, construction, and maintenance of the propane tank and distribution shall be in
accordance with the International Fire Code, MCC 11-12-2.A.l, and MCC 11-12-3.C.
Coordinate with the Meridian Fire Chief.
7. Construct all drive aisles to be a minimum of24 feet wide (measured from back of
concrete curb to back of concrete curb). All internal drive aisles shall have a turning
radius of 28-feet inside and 48-feet outside. The parking areas for RV.s, tow vehicles,
and passenger carsltrucks, shall be a dust-free surface consisting of either: concrete,
asphalt pavement, or asphalt grindings. (Please note that "dust-tree gravel" cloes gefler&te
clast when yea clri'le eft it, therefere it is 13rohil3itecl. is allowed within the back-in stall
areas.) All parallel parking stalls shall be constructed 23-feet long and 9-feet wide.
Parking stalls 52, 67, and 69 shall either be redesigned to be 19-feet long, or be signed as
compact. All "standard" 90-degree parking stalls shall be at least 9 feet wide and 19 feet
deep. Provide a minimum of 5-feet oflandscaping along the east property line abutting
ORDER CONDITIONAL USE PERMIT
(CUP-O4-001)
PAGE 2 OF 11
the office and parking lot. The eastern most parking stall shall be required to have a
minimum of 5-feet of back-up area as well. All vehicular parking stalls shall be designed
and constructed in accordance with MCC 11-13-4.
8. Construct a minimum 5-foot wide landscape buffer along the north property line, a minimum
IS-foot wide landscape buffer along the west property line, and a minimum 20-foot wide
landscape buffer adjacent to the Hope Arm Apartments on the east side of the site, as
proposed. A detailed landscape plan, designed in accordance with MCC 12-13 and reflecting
the changes noted below, shall be submitted for the site with the first CZC application. The
landscaping shown on the submitted site plan is approved, with the following modifications:
.
Organic mulch such as bark or soil aid shall be applied to all planting areas.
Gravellrock mulch is prohibited in required landscape areas.
Either acquire a license agreement &om Nampa-Meridian Irrigation District for the
trees proposed within the irrigation easement on the west side of the property, OR
plant trees along the west property line in accordance with MCC 12.-13.
Fencing along Pennwood Street and the west property line shall be restricted to 8 feet
(measured from the top/back of curb or existing grade).
Fencing adjacent to the entrance on Pennwood Street shall taper down to a maximum
of3-feet within 20 feet of the drive aisle.
.
.
.
9. All irrigation ditches, laterals or canals, exclusive of the Eight Mile Lateral, intersecting,
crossing or lying adjacent and contiguous to the area being developed shall be tiled per MCC
12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to
the Public Works Department. Iflateral users association approval can not be obtained, plans
will be reviewed and approved by the City Engineer prior to issuance of a Certificate of
Zoning Compliance (CZe).
10. Provide a Meridian Fire Department approved secondarylemergency access to this site. Said
access shall be a minimum of20-feet wide and improved for all-weather conditions able to
withstand 70,000 lbs. impact. Twenty-foot swing gates with locks approved by the Fire
Department will be required. The applicant shall coordinate the fire hydrant locations with
the Meridian Fire Department and Meridian Public Works Department.
11. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary
Services Company (SSe) staff. Trash enclosures must be built in the location and to the size
approved by SSC (see specifications below). All dumpster(s) must be screened in accordance
with MCC 11-12-1.C.
ORDER CONDITIONAL USE PERMIT
(CUP-O4-001)
PAGE 3 OF 11
12. All signage shall bein accordance with the standards set forth in MCC 11-14. All signs will
require a separate sign permit in compliance with the sign ordinance. Unless otherwise
approved, no temporary signage, flags, banners or flashing signs will be permitted.
13. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
14. Any drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and
including a 1O0-year storm event.
15. Water and sanitary sewer service to this proposed project is from existing mains adjacent to
the site. Staff anticipates that both public and private mains will be required to provide
service to the project. The designer shall furnish the Public Works Department a new site
plan showing existing and proposed utility mains. Project designer to coordinate main sizing
and routing with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service.
16. Outdoor fire pits and the operation of generators are prohibited on this site.
17. All exterior lighting shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with MCC ll-13-4C.
18. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair
Housing Act.
19. Prior to obtaining certificate(s) of occupancy, all development improvements, including
perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be
installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc.
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20. Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility
for compliance.
21. The subject conditional use permit maybe revoked or modified by the City Council, upon
notice and hearing, for breach or violation of any condition of approval or limitation of the
permit (MCC 11-17-11).
22. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.B.
C.
Adopt the Recommendations of ACHD as follows:
1. On February 10, 2004, the District received a transmittal from the City of Meridian
requesting comments and recommendations on a conditional use permit request for a 224-
stall R.V. Resort. This project site is currently being reviewed for a vacation and
abandonment request by the property owner. The District was to hold a public hearing on
the vacation request on April 14, 2004 (tentatively). In order to adequately evaluate the
roadway system in and surrounding the site, the District will review the referenced
application after the public hearing process for the vacation request.
2. Comply with all future requirements of the Ada County Highway District.
D.
Adopt the Meridian Fire Department Recommendations as follows:
1. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
2. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside.
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5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. Coordinate the location of fire hydrants with the Fire
Department and the Meridian Public Works Department.
7. A minimum of two points of access will be required for this development.
8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide. Streets with less than a 29' street width
shall have no parking. Streets with less than 33' shall have parking only on one side.
9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
10. The Fire Department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
E.
Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F.
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
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2. All laterals and waste ways must be protected.
3. The District's Eight Mile Lateral courses through this proposed project. This easement
must be protected and any encroachment without a signed License Agreement and
approved plan, before any construction is started, is unacceptable.
4. All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the Nampa & Meridian Irrigation District must review drainage plans.
5. The Developer must comply with Idaho Code 31-3805.
6. NMID recommends that irrigation water be made available to all developments within the
Nampa & Meridian Irrigation District.
G.
Adopt the recommendations of the Sanitary Services Company (SSe) as follows:
1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a
vehicle parked in front of it.
2. Drive-on capability is required for 6 and 8 cubic yard containers. Allow a minimum of 60
feet frontal clearance.
3. Ensure that enough enclosures are provided to meet waste generation points and volumes. In
some cases waste enclosures may need to be enlarged to meet volumes or more enclosures
may need to be provided.
4. Provide a concrete pad inside of all enclosures. Asphalt will not stand the test oftime.
5. Provide an 8 foot concrete apron in front of all waste enclosures. Especially those enclosures
that handle 6 and 8 cubic yard containers.
6. Provide gate locks for both open and closed positions.
7. Provide a minimum of 10 feet clearance inside of the enclosure gates with the gates in the
open position.
8. Install bumpers or stops inside of the enclosure to prevent the container &om damaging
enclosure walls and gates.
9. When possible, design the enclosure with an easy pedestrian access point other than the &ont
gates. This will ensure less mess in the enclosure as well as reduce gate damage.
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10. Approval of the trash enclosure design will be required prior to issuance of a Certificate of
Zoning Compliance.
H.
Adopt the recommendations of the Meridian Police Department as follows:
1. The proposed development does not offer natural surveillance opportunities of the public
areas. Prior to the next public hearing, the applicant shall meet with the Police Chief
and/or Planning staffto discuss features that increase visibility, including but not limited
to: doors and windows that look out on the public areas, front porches, and adequate
nighttime lighting.
2. To increase emergency access to the site, the applicant shall provide an emergency access
to the west.
3. The pedestrian access to the proposed bath and laundry facility is not well-defined. The
applicant shall revise the site-plan to make the facility more visible and provide better
pedestrian access.
I.
Adopt the action of the City Council taken at their April 6, 2004 meeting as follows:
For clarification:
1. ACHD has not acted upon the application because it has not yet heard the
vacation of the street.
2. An assessment agreement will be required which will allow the Public Works
Department to re-assess the connection fees based on actual usage within the RV.
Resort.
3. The applicant is in agreement with all of staff's conditions, including the
requirement of a re-assessment agreement. The applicant's agreement to
conditions response letter is on file with the Meridian City Clerk's office.
4. The rules and regulations of the RV. Resort addresses vehicle noise for the resort.
5. The requested name change to Boise Meridian R.V. Resort is hereby accepted and
approved.
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.
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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.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year &om the
original date of approval by the council. If the successive phases are not submitted within one
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year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a fmal 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 approval may within twenty-eight (28) days after the date ofthis 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
2- 74 day of
/J-;w/¿
,2004.
PAGE 10 OF 11
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney ,,1\1"""""///
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ORDER CONDITIONAL USE PERMIT
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