HomeMy WebLinkAboutSalisbury Subdivision No. 2 CUP-04-016
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/03/04
IN THE MATTER OF THE REQUEST)
FOR CONDITIONAL USE PERMIT )
APPROVAL FOR A PLANNED )
DEVELOPMENT FOR REDUCED LOT)
FRONTAGES, LOT SIZE AND BLOCK)
LENGTHS LESS THAN 500' ON 19.7 )
ACRES IN A PROPOSED R-8 ZONE)
FOR SALISBURY SUBDIVISION NO.2)
)
)
Case No. CUP-04-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
EARL, MASON & STANFIELD, INC.,
Applicant
The above entitled conditional use pennit application having come before the City
Council on August 3,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Scott Stanfield and Jeff Wood, 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 following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT
1.
The property is approximately 19.7 acres in size and is located on the west side of Meridian
Road, north of Waterbury Park Subdivision, in Section 1, Township 3 North, Range 1 West.
2.
Woodside Properties, LLC is the current property owner and Jeffrey A. Wood submitted
notarized consent for the subject application.
3.
The Applicant is Earl, Mason and Stanfield, Inc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-OR.O16
PAGE 1 OF 12
4.
The subject property is currently zoned RUT. There is, however, an application for
annexation and zoning to R-8 before the City Council. The zoning ofR-8 is defined
within the City of Meridian Zoning and Development Ordinance Section 11-7-2.
5.
The property, which is the subject of this application, is within the Area of Impact of the
City of Meridian.
6.
The Applicant proposes to develop the subject property in the following manner: A
residential subdivision with 81 buildable lots and 11 common/other lots.
7.
The South Slough lies contiguous to the subject property and is a feature that will need to
be protected.
8.
The Applicant requests the Conditional Use Pennit for a Planned Development consisting
of 81 building lots with reductions to street frontage, lot size and block length
requirements. The Planned Residential Development designation within the City of
Meridian Zoning and Development Ordinance requires a Conditional Use Permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-8-1).
9.
The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
10.
The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
The Meridian City Council of the City of Meridian hereby approves the requested
Conditional Use Pennit as requested by the Applicant for the property described in the
application, subject to the following:
A.
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments, as follows:
SITE SPECIFIC Conditions of Approval (CUP 1 pm
1. All conditions of the accompanying Preliminary Plat application shall also be
considered conditions of the CUP.
2.
This conditional use pennit shall be subject to the expiration provisions set forth in
MCC 11-17-4.B.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-QR-O16
PAGE 2 OF 12
3.
The project shall confonn to the modified dimensional standards, as follows:
. Minimum lot frontage: 50 feet
. Minimum lot size: 4,550 square feet
. Minimum block length: 300 feet (measured along the longest distance within a
contiguous block)
4.
The following amenities are required for the project: The first is a gazebo with a
picnic area. The second amenity is a minimum 10-foot pathway along the South
Slough. Both amenities are located on Lot 14, Block 1, as depicted on the landscape
plan.
5.
All construction and site improvements shall confonn to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
B. Adopt the Recommendations of ACHD as follows:
6.
Site Specific Conditions of Approval
1.
Extend West Sedgewick Drive from the east property line approximately 220-feet
south of the north property line, as proposed.
2.
Extend Indian Rocks Street from the east property line approximately 96-feet
north of the south property line, as proposed.
3.
Construct a stub street to the north property line approximately 105-feet west of
the east property line, as proposed. Construct a temporary turnaround at the
terminus of the roadway and install a sign at the tenninus of the stub street stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
4.
Construct a stub street to the north property line approximately 100 feet east of the
west property line. Install a sign at the terminus of the stub street stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
5.
Construct the internal roadways as 36-foot street sections with curb, gutter and 5-
foot concrete sidewalk. If the sidewalk is located outside of the public right-of-
way, provide the District with an easement for the sidewalk
OR
Construct the internal roadways as 32-feet of pavement, a 2-foot concrete ribbon
and a 5-foot concrete sidewalk that is detached by an 8-foot drainage swale
**IF the Commission approves an alternative street section and
**IF the development meets ALL of the criteria that has been established.
Complete the right-of-way exchange process for the Venable Lane right-of-way
abutting the site for a fully improved right-of-way that is identified on the site plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDMSI0N NO.2; CASE NO. CUP-OR-O16
PAGE 3 OF 12
9.
as Venable Way.
7.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with inIproving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building peITnit (or other required peITnits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-OR-O16
PAGE 4 OF 12
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confinnation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiverlvariance of said requirements or other legal reliefis granted pursuant to
the law in effect at the time the change in use is sought.
C.
Adopt the Recommendations of the Meridian Parks Department as follows:
2.
3.
4.
1.
Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C.
Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit for a Planned
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-QR-O16
PAGE 5 OF 12
Development for Reduced Lot Frontages, Lot Size and Block Lengths Less than 500' on 19.7
Acres in a Proposed R-8 Zone for Salisbury Subdivision No.2 located on the west side of
Meridian Road, north of Waterbury Park Subdivision in Section 1, Township 3 North, Range 1
West, Meridian, Idaho, subject to the following conditions of use and development, subject to the
following:
A.
B.
2.
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments, as follows:
SITE SPECIFIC Conditions of Approval (CUP 1 PD)
1.
All conditions of the accompanying Preliminary Plat application shall also be
considered conditions of the CUP.
2.
This conditional use permit shall be subject to the expiration provisions set forth
inMCC 11-17-4.B.
3.
The project shall confonn to the modified dinlensional standards, as follows:
Mininlum lot frontage: 50 feet
Minimum lot size: 4,550 square feet
Minimum block length: 300 feet (measured along the longest distance within
a contiguous block)
4.
The following amenities are required for the project: The first is a gazebo with a
picnic area. The second amenity is a minimum 10-foot pathway along the South
Slough. Both amenities are located on Lot 14, Block 1, as depicted on the
landscape plan.
5.
All construction and site improvements shall confonn to the requirements ofthe
Americans with Disabilities Act and the adopted building and fire codes.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Extend West Sedgewick Drive from the east property line approximately 220-feet
south of the north property line, as proposed.
Extend Indian Rocks Street from the east property line approximately 96-feet
north ofthe south property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-QR-O16
PAGE 6 OF 12
4.
5.
3.
Construct a stub street to the north property line approximately 1O5-feet west of
the east property line, as proposed. Construct a temporary turnaround at the
terminus of the roadway and install a sign at the terminus of the stub street stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
4.
Construct a stub street to the north property line approximately 100 feet east of the
west property line. Install a sign at the tenninus of the stub street stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
5.
Construct the internal roadways as 36-foot street sections with curb, gutter and 5-
foot concrete sidewalk. If the sidewalk is located outside of the public right-of-
way, provide the District with an easement for the sidewalk
OR
Construct the internal roadways as 32-feet of pavement, a 2-foot concrete ribbon
and a 5-foot concrete sidewalk that is detached by an 8-foot drainage swale
**IF the Commission approves an alternative street section and
**IF the development meets ALL of the criteria that has been established.
6.
Complete the right-of-way exchange process for the Venable Lane right-of-way
abutting the site for a fully inIproved right-of-way that is identified on the site plan
as Venable Way.
7.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with inIproving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDMSION NO.2; CASE NO. CUP-OR-O16
PAGE 7 OF 12
C.
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required pennits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confinnation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiverlvariance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Recommendations of the Meridian Parks Department as follows:
2.
1.
Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C.
Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-OR.O16
PAGE 8 OF 12
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
3.
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
4.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
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 pennits 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-QR-O16
PAGE 9 OF 12
4.B.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-OR.O16
PAGE 10 OF 12
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 of the conditional use peITnit
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
z~ day of
ßu~,r f
(/
ROLL CALL:
,2004.
COUNCILMAN SHAUN WARDLE
VOTED ~-
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED$~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: tf -- z1--f)4--
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDMSION NO.2; CASE NO. CUP-OR-O16
PAGE110F12
MOTION:
APPROVED:---þ-
DISAPPROVED:
Attest:
By: ,::h..\Dl ~I\ ~ D.N\J
City Clerk's Office
Dated:
~. :30/04
Z:\WorklMlMeridianlMeridian 15360MlSalisbUlY Sub No.2 AZ-O3-036 PP-O3-O42 Approval FindingslFFCLDO CUP 08 19 2004.dœ
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SALISBURY SUBDIVISION NO.2; CASE NO. CUP-OR.O16
PAGE 12 OF 12