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HomeMy WebLinkAboutBoise West RV CUPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDLAN C/C 04-06-04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA 224 STALL R.V. RESORT WITH 4 BUILDINGS AND AMENITIES ON 13 ACRES IN A C-G 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT AARON C. HOEFT, APPLICANT The above entitled conditional use permit application having come before the City Council on Apri16, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Plarming and Zoning Director for the Planning and Zoning Deparhnent, 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 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 Apri16, 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 Apri16, 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 C-G 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 CONDTTIONAL 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 eequested conditional use permit. 6. Applicant is Aaron C. Hoeft, 2404 Stateline Road, Walla Walla, Washington 99362. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit fora 224 stall R.V. resort with 4 buildings and amenities on 13 acres in the C-G zone. 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. There were ten (10) letters in support of the proposed project submitted into record. 12. 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 CONDTPIONAL USE PERMIT PAGE 3 OF 27 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-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 USEI 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, 3~ 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 CONDTTIONAL USE PERMIT PAGE 4 OF 27 7. Construct all drive aisles to be a minimum of 24 feet wide (measured from back of concrete curb to back of concrete curb). All internal drive aisles shall have a fuming radius of 28-feet inside and 48-feet outside. The parking azeas 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-free gravel" oti . is allowed within the back-in stall areas.) All parallel parking stalls shall be constructed 23-feet long and 9-feet wide. Pazking stalls 52, 67, and 69 shall either be redesigned to be 19-feet long, or be signed as compact. Al] "standard" 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep. Provide a minimum of 5-feet of landscaping 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 15-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 of 3-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 inigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral 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 secondary/emergency 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 ]bs. 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 Depaztment. 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 approved by SSC (see specifications below). All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 12. All signage shall 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 of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking areas. Storm water treatment and disposal must be designed in accordance with Deparhnent of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City ofMeridian 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 applicafions with the Idaho Deparhnent of Water Resources regarding Shallow Injection Wells. 14. Any drainage areas (detention/retentionbasfns) 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 famish 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 CONDTTIONAL USE PERMIT PAGE 6 OF 27 surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. 20. Staffls failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat/conditionaluse 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: On February 1 Q 2004, the District received a transmittal from the City of Meridian requesting comments and recommendations on a conditional use permit request fora 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 '/~" 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 specificafions. 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 tum 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 PERNIIT PAGE 7 OF 27 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 afrer 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 Deparhnent 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. 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 of Nampa & 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. 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 (SSC) 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 yazd 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. Especiallythoseenclosurw 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 cleazance 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 easypedestrian 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 9 OF 27 H. Adopt the recommendations of the Meridian Police Department as follows: 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. Adopt the action of the City Council taken at their Apri16, 2004 meeting as follows: For clarification: 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 staffls conditions, including the requirement of a re-assessment agreement. The applicant's agreement to wnditions 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 R.V. 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 R.V. Park on 13 acres within a C-G zone. The site is located within Troutner Business Park, on the north side of Pennwood Street, approximately 200 feet west ofMeridian Road. A CUP application is required because R.V. 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 of 2004, the City approved the preliminary plat of Troutner Park Subdivision #2, and the concurrent vacation of 3`d Avenue through this site. In order to comply with City ordinances, Troutner Park Subdivision #2 must be recorded and the vacation of 3'a 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 off Pennwood 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 orblockingthedrive-aisle. The internal drive-aisles aze 24-feet wide. There are 25 pull-through R.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, picnic/dinner table, a concrete patio, and fiall 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 ofthe Eight Mile Lateral. The applicant is proposing four buildings on this site. The primary building is the office facility located on the east side ofthe 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 FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTT PAGE 11 OF 27 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 laundrylbath 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 yazds, open spaces, pazking, 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 proposed R.V. 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 R.V. Park should be compatible with the residential, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT 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 azea. 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 sun-ounding property. 19. On February, 13, 2004, a joint agency/department 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 from vehicles coming and going from 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 CONDTTIONAL 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 welfaze 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 lazger 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. Pazk 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/Sa` 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 ACHD prior to occupancy of the R.V. Park. 23. The Applicant is proposing to leave the Eight Mile Lateral open through 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) ofmajor importance in the area that maybe affected by the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 14 OF 27 CONCLUSIONS OF LAW 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 standazds 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 maybe 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 of this 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 CONDTl'IONAL 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, glaze 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. Prior to granting a conditional use permit in the C-G 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 of the 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: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the 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. 8. 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 CONDTTIONAL USE PERMIT PAGE 17 OF 27 Order that: That the above named applicant is granted a conditional use permit fora 224 stall R.V. Resort with 4 buildings and amenities on 13 acres in the C-G 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 USEI 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, 3'a Avenue shall be vacated and abandoned by ACHD and Troutner Park Subdivision #2 shall be recorded. 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. 7. Construct all drive aisles to be a minimum of 24 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 adust-free surface consisting of either: concrete, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTT PAGE 18 OF 27 asphalt pavement, or asphalt grindings. (Please note that "dust-free gravel" a~ . 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 of landscaping 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 15-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 of 3-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 ornon-approval submitted to the Public Works Department. If lateral 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 secondary/emergency 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 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 CONDTTIONAL USE PERNIIT PAGE 19 OF 27 approved by SSC (see specifications below). All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 12. All signage shall 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 of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Pracfices for Idaho Cities and Counties and City ofMeridian 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/retentionhasins) 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 famish the Public Works Department a new site plan showing existing and proposed utilitymains. 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 110% 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 CONDTTIONAL USE PERNIIT PAGE 20 OF 27 20. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/preliminaryplat/conditionaluse does not relieve the Applicant ofresponsibility 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 fora 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). hi 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'/z" 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 comers. 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. 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 CONDTTIONAL USE PERNIIT 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 signalizafion installed as the result of the development ofthis 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 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 of Nampa & 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 PERNIIT 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 (SSC) 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 Yazd 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 enlazged 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 yazd containers. 6. Provide gate locks for both open and closed positions. 7. Provide a minimum of 10 feet cleazance 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 CONDTTIONAL USE PERMIT PAGE 23 OF 27 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 Apri16, 2004 meeting as follows: For clarification: 1. ACHD has not acted upon the application because it has not yet heard the vacafion 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 staffls 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. The requested name change to Boise Meridian R.V. Resort is hereby accepted and approved. 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 CONDTTIONAL 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 of the 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 PERMTT PAGE 25 OF 27 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 maybe 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 maybe adversely affected by the issuance or denial of the 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 2~ ~~ day of 7-Z , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED~w VOTED VOTED ~! Ccc- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 26 OF 27 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~--27 p¢ MOTION: APPROVED: DISAPPROVED: ~~.~`'y OF ME~~~ M Attest: ~.~~~~C~~r ~2°% Fo ~-~--~y _ SEAL William G. Berg, Jr., C ty Clerk ';,,yo CrsT ist •,°° .IO, ',, q ~,~. Co served u on A licant Plannin ~'~IFglDepim'~me PY P Pp , Department and the City Attorney. g "`' ~' ' ~ •' "` By: ~ ~° i Dated City Clerk Public Works ~- Z8 0; Z:\WodcU4\MeridianV~Ieridian I5360M1Boise West R.V. Resort CUP-04-OO1~FfCIsCUP04001.dac ,`,t,,, u w n p„~~, o`~a~y OF MF~yQ~,,. o SEAL 9 '~,~ 1~~ ~,9 r is1. ,, c ~ ,. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTT PAGE 27 OF 27 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/06/04 INTHE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FORA 224 STALL R.V. RESORT WITH 4 BUILDINGS AND AMENITIES ON 13 ACRES IN A C-G 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, MERH)IAN, IDAHO Case No. CUP-04-001 ORDER GRANTING CONDITIONAL USE PERMTI' AARON C. HOEFT, APPLICANT 1. This matter coming before the City Council on Apri16, 2004, under the provisions of Meridian City Code § 11-17-4 for fmal 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 fora 224 stall R.V. Resort with 4 buildings and amenities on 13 acres in a C-G 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 Recommendafions 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 USEI 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, 3'~ 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. 7. Construct all drive aisles to be a minimum of 24 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-free gravel" ote FlrAt whan ~•^•• a-=^^ ^ ~^ r ~-'~-' -', is allowed within the back-ln stall r 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 of landscaping along the east property line abutting ORDER CONDTIIONAL USE PERMIT (CUP-04-001) 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 15-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 of 3-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 ornon-approval submitted to the Public Works Department. If lateral 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 secondary/emergency access to this site. Said access shall be a minimum of 20-feet wide and improved forall-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 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-04-001) PAGE 3 OF 11 12. All signage shall be in accordance with the standazds set forth in MCC 11-14. All signs will require a sepazate 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 of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publicafion 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 famish the Public Works Department a new site plan showing existing and proposed utilitymains. 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 pazking 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 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. ORDER CONDITIONAL USE PERNIIT (CUP-04-001) PAGE 4 OF 11 20. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat/conditionaluse 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 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 fora 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). Iu 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 Deparirnent Recommendations as follows: 1. Acceptance of the water supply for fire protecfion will be by the Meridian W ater Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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 comers. £ 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. ORDER CONDTTIONAL USE PERNIIT (CUP-04-001) PAGE 5 OF 11 5. hvsure that all yet undeveloped parcels aze maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construcfion 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 emergencymedical 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 dischazge 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 of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. ORDER CONDTTIONAL USE PERMIT (CUP-04001) PAGE 6 OF 11 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 (SSC) 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 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 easypedestrian access point other than the front gates. This will ensure less mess in the enclosure as well as reduce gate damage. ORDER CONDTI'IONAL USE PERMIT (CUP-04-001) PAGE 7 OF 11 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 azeas. 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 azeas, 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 Apri16, 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 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 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. ORDER CONDITIONAL USE PERMIT' (CUP-04-001) PAGE S OF 11 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 construcfion. 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 ORDER CONDTTIONAL USE PERMIT (CUP-04-001) PAGE 9 OF 11 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 TAHINGS 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 maybe 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 maybe adversely affected by the issuance or denial of the 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 ~7~ day of /~~- , 2004. Attest: `~,.~~~,'~' '~ i6~~ A ""G ~ FO ~' SEAL William G. Berg, Jr., Ci Cle o"' = ~i~ ~~~ F ~~.. ~: ORDER CONDTTIONAL USE PERNIIT ~~~''~:;; _ (CUP-04-001) PAGE 10 OF 11 Copy served upon Applicant, the Planning and Zoning Department, Public Works and City Attorney. ~~„ BY' .t,~---, Dated: City Clerk ~8 -~ Z:\Work\M\MeridianVNeddian 15350M1Boise Wes[ RV. Resort CUP-04-001\Orde~CUP.dac ORDER CONDTTIONAL USE PERNIIT (CUP-04-001) c?~~oFwo~ro ~. F - 9~ --__--`off ` %90 ~T1SS• 0 ,~~~ tUnU PAGE 11 OF 11