HomeMy WebLinkAboutApplicant CorrespondenceKodiak Development
March 5, 2002
City of Meridian
3090 E. Gentry Way suite 150
Meridian Idaho, 83642
208~288-2228 office
208-288-2684 fax
208-941-9460 cell
CITY OF MERIDIAN
CiTY CLERK OFFICE
Dear: Mayor and Council
This letter is a request that you reconsider your decision to deny Kodiak Subdivision and all concurrent
applications. The bases for this reconsideration are as follows;
1) Pdvate road vs. Public road, It was stated in the hearing on 02-19-02 that a Pdvate Road
may not be proper for this project. At the joint meeting with the City of Meridian and ACHD
on Monday 03-04-02 Christy Richardson explained that in cases where streets don't
interconnect with other public streets that they may be better served as pdvate. Also
attached as "A" is a breakdown of cost to maintain this road if it were a private road. This
should prove that if approved as a private road it would not be a burden to the future
property owners.
2) Permitted access to SH 69. I wanted to make sure everyone understood the requirements
to access directly onto Meridian road. As you heard from Chdsty Richardson of ACHD
there are two different types of Deeds that lTD has acquired right of way. One can restdct
future use (this is the type currently used) and the old deeds that did not resthct future use.
For both this prope~ and the Church's property to the south lTD acquired r.o.w in the late
80's under deeds that did not restrict those properties access to SH69. (See Deeds as
attached "B"). lTD has indicated to me although they prefer access for any residential to
come from existing stub streets they would approve access to this and the church's
property provided that is does not connect to the Bear Creek Subdivision.
3) Existing Annexation and Development Agreement. As you are aware annexation, zoning
and a Development Agreement have already been approved and adopted by the City
Council. This application for preliminary plat and CU are part of the conditions of that
Development Agreement. If it were the desire of The City Council of Meddian to not honor
the terms of this Development Agreement, than I would ask the City Council what they
would like to change in the agreement to allow me to develop in some manner. Its not my
desire to seek litigation in this matter but The City of Meridian must give me options. At
The City Council meeting of 02-19-02 the only option ~ heard was that I need two access
points. Well I have two access points but its oblivious that no one wants me to use the
existing one coming out of Bear Creek
4) Also, I wanted to comment on the testimony of Matt Schultz of Bear Creek. Matt stated
that they (Bear Creek) were uninformed by me of what we intended to do with our property
and that we came in under the radar. Well, I've informed Bear Creek and their partners all
along of our progress and of our intentions with our property. As a mater of fact we and
ACHD even tded to get Greg Johnson to agree to extent the cul-de-sec to the north of our
proped7 in Bear creek to our North properb/ line so we could have additional access or
could develop in a different manner, he declined to agree to that change of his plat. That
was requested prior to even Appling for annexation. Also in a conversation with Craig
Groves last night he acknowledge that I had always kept him informed regarding Kodiak
and that he and his partners had known about it but did not think it would be approved.
· Page 2
March 5, 2002
5) Lastly, I would like to comment on the statement of Shari Stiles that this plat does not meet
the Pd ordinance. It's true that this plat does not meet the current Pd ordinance, but it does
meet the Pd ordinance in place at the time the annexation and zoning was approved and
that was in place when the application was submitted. The new Pd ordinance was
adopted after this application was already in process and you can only review applications
under the existing ordinances.
6) On December 18, 2001 the city Council approved the CU and Variance for this plat with
access onto SH 69 (see attached "C"). Nothing has changed on this plat with the
exception of a Private Road vs. Public Road I would ask City Council that they stand by
there original approval.
SiI 'ely,
s L Jewett
Kodiak Subdivision
Estimate of Cost to Maintance of Private Road and Drainage
Cost Total 10 Yr. Annual Cost Cost Per Lot Notes
Sealcoating $ 3,660.00 $ 366.00 $ 12.62 once every 5 years
Snowplowing $ 6,000.00 $ 600.00 $ 20.69 3 times per year
Street Sweeping $ 1,000.00 $ 100.00 $ 3.45 once every year
Drianage Maintance $ 6,500.00 $ 650.00 $ 22.41 duming irrigation season
Heavy maintance $ 3,000.00 $ 300.00 $ 10.34 once every 10 years
Totals $ 20,160.00 $ 2,016.00 $ 69.52
Cost Per Month Per Lot $ 5.79
Items normally paid by Home Owners Associations and not done by ACriD on a normal year.
~r 05 0£ lO:~Ga 3oe Zubi~pe~ ~08-3~3-~158 P'~
RD P_O_S_A L
CURTIS CLEAN SWEEP, INC
P O BOX 44112
BOISE ID 83711
AGC QBE ~ 49CF26
(208)343-7600
(208)343-2159 = FAX
~Z~N.~T_B, UGTIO N Li .C~_~__~. 29615
KODIAK DEVOLPMENT
2287 KODIAK
03-04-02
APPLYICOAT OF SEALER TO 22875 SQ FT OF ASPHALT 675GALLONS OF
SEALER PRICE TO REMAIN THE SAME FOR 5 YEARS
WE CUT OUR SEALER MAXIUM OF I$%WITH WATER
Clean and fill cracks witl~ iaot creck fille~'
Treat oil spots
SWEEP AND DETAIL ALL PAVED AREA~ ONCE PER YEAR
Res~Tipe to existing I~yout
PaintYellow curb
, repaint & fire lane stencirs
Remove and replacesq ff
IF ADDITIONAL BASE MATERIAL IS NEEDED THEFLE WILL BE AN EXTRA CHARGE
SNOW PLOW THREE TIMES PER YEAR
$1,830.00
INC
NA
$'100.00
NA
NA
NA
NA
$600.00
UPON COMPLETION AS LISTED
This pmlx3sa) ~ ;' · ....
Acceptance of Proposal - The above prices, specifications end conditions are satisfactory and are hereby accepted.
You are authorized to do the work as s~ecifiod. Payment will bc n3adcas outlined above.
Oato Signature
Signature
DI~0-13-01 THU 02:38 711 TRRNSNRTION TITLE
TaU 02:14 H1
FAX NO, 3880815
8848 10
01.077 0863
'IN ~H~, DiST'RIC'~ COO~,'~ 0~' ?fie '~O0'~TH .IODICIAL DISTRICT OF THE
ST).~ O~ IDa#O; ll~.~l) FOR TII]~ COUHT~ ~ ).DA
IOAqO TRA~S~O~T~IOH
)
)
)
case
OF COND~;14N~IO~
OF C02DE2~T[O~ ' I
~udq~en~ ad)udgin~
{$$$,000.00~, ~aol~dinq in~e~eS~ aud' cos~a
NOW T~FO~, IT
hecei~a~tec dasccibe6; .ill be pot, to-~i~, a ~ubTic hithway~ is a
DEC-13-OI TBU 02:39 PM TR~NSNATION TITLE
~' '*~ ~-13-~001 ~U o~:~ ,..
FAX NO, 3880615
~B~ N~, ~u~luuluu
DI~O-13-OI THU 02:39 PH TR~NSN~.TION TITLE Fh~ NO, 3880615 r, u~/uo
Lafld $lcueged ~n ~a
& ute1 u~ ~ ,, ._~ -~ --.-e-~ee2f2~ s~bua~ $~veY as ShOWn on
the ~a~s t~a~o~.n ......... and be~a
3 BOF~; ~nge 1 ~es~, Bok~e ~;kdti~; ,,
described i~ ~ha~ cez~aLn ~i~ ~c~ a~d ~e-geco~de~ Oc~oba~ 15,
. , · shO~ O~
.~ .... L_-e.,,~hc:lV l~ne Ot s&za ~cd~
SLghwa~ 5ta~on ~e~erence; 403+~6,44 Zo 40~+61,40
An~ ~hc o~ way ~encL~t c~.~e co?~ .....
- ' a~d ~he ACtUal
shall nsc be co~S~ed as a
d~scc~pt~ou,
DEO-!B-O1 THU 02:$9 PM TRANSNP~TION TITLE
'DEO~I~J-S>O01 THU 02q,~ P~ T£PJijSbltTIOH~EHI:R~D
FAX NO, 3880815
P, 05/05
~0S+16 of said R ~ ~--- ~ ,fl acres for ~he ~uX~ose
wL~h the ~gbt and p~v~lege ot zng~cna u .... '
WARP~NTY DEED
Project No. SR-RS-3782(2)
Parcel No. 26, Id. No. 20306
Key No. 694
THIS INDENTURE, Made this /zz~ day of ~,i/
between ERNA I. TOMLIN as Trustee of THE TOMLIN TRUST,
Ada County, ~ahO,
Request
PIONEER TITLE CO.
TIME ~). '/~ ,,~ M
DATE
3ONN ~AEIiOA
RECORDER
Oeput~
,
created by
agreement executed on October 14, 1981, Grantor, and the STATE OF
IDAHO, by and through the IDAHO TRANSPORTATION BOARD for the DIVISION
OF HIGHWAYS, 3311 West State Street, Boise, Idaho 83703, Grantee.
WiTNESSETH: That the Grantor~ for and in consideration of One and
No/100 Dollars ($1.00), paid to her, receipt whereof is acknowledged,
has granted, bargained, sold, and conveyed and by these presents does
grant, bargain~ sell and convey untO the Grantee, its successors and
assigns forever, in fee s~mple, the following described real estate
together with all rights of access between the right of way of the said
project and the remaining contiguous real property belonging to the
GrantOr except for: Three points of access to be located on the left
(Westerly) side between Stations 394+31.02 and 405+76.44 of said High-
way Survey so long as there is a minimum spacing of 660.0 feet between
each approach situated in the County of Ada, State of Idaho, to-wit:
A parcel of land being on the Westerly side of the centerline
of State Highway No. 69, Project No. SR-RS-3782(2) Highway
Survey as shown on the plans thereof now on file in the
office of the Idaho Transportation Department, Division of
Highways, and being a portion of the NE¼SE¼ of Section 24,
Township 3 North, Range 1 West, Boise Meridian, described as
follows, to-wit:
Beginnin~ at the Sout~east corner of the NE¼SE~ of Section
24, Township 3 North, Range 1 West, Boise Meridian;
thence North 89~26'02'' West along the South line of said
NE!~SE¼ a distance of 65.0 feet, more or less, to a point in a
line parallel with and 65.0 feet Westerly from the centerline
and bears North 89021'29'' West from Station 394+31.02 of said
Page 1 of 3
WAR~NTY DEED
Project No. SR-RS-3782(2)
Parcel No. 26, Id. No. 20306
Key No. 694
State Highway No. 69, Project No.
Survey;
tion
or
SR-RS-3782(2) Highway
thence North 0°38'31'' East along said parallel line 1145.42
feet to a point in the property line common to the properties
of Erna I. Tomlin and William O. Aaron and opposite Station
405+76.44 of said Highway Survey;
thence South 86°29'29" East along said common property line
65.0 feet, more or less, to a point in the East line of said
NE¼SE¼;
thence South 0°38'31'' West along said East 'line 1,144.0 feet,
more or less, to the PLACE OF BEGINNING.
Highway Station Reference: 394+3].~02 to 405+76.44
The area above described contains approximately 1.707 acres,
0.656 acres of which is acknowledged to be a portion of a
public road.
The bearings as shown in the above land description, unless
otherwise noted, are from the Idaho Plane Coordinate System,
based on the transverse mercator projection for the West Zone
of Idaho.
Any right of way fencing to be constructed is not necessarily
intended to designate the property line and any variance
between the location of right of way fencing and the actual
property line as herein described shall not be construed as a
modification or alteration of this~descripti°n-
Grantor conveys untO the Grantee the right to prohibit the erec-
or construction of any buildings or structures except irrigation
drainage structures within twenty feet (20') of the real property
above described.
It is expressly intended that
trictions shall run with the land
these covenants, burdens and res-
and shall forever bind the Grantor,
her heirs and assigns.
TO HAVE ~D TO HOLD the said premises, with their appurtenances,
unto the said Grantee and its successors and assigns forever. And the
page 2 of 3
JbL UUC
WARRANTY DEED
Project No. SR-RS-3782(2)
Parcel No. 26, Id. No. 20306
Key No. 694
Grantor does hereby covenant to and with the said Grantee, that she is
the owner in fee simple of said premises; that they are free from all
encumbrances and that she will warrant and defend the same from all
lawful claims whatsoever.
It is expressly understood and agreed by the parties hereto that
this Deed corrects the Grantor's title in that certain Warranty Deed by
and between the same parties dated March 5, 1987~ recorded March 19,
1987 as Instrument No. 8716161, records of Ada County, Idaho.
IN WITNESS WHEREOF, Grantor has hereunto set her hand and
day and year first above written.
seal the
ERNA I. TOMLIN .AS Trustee of the ~
TOMLIN TRUST, created by agreement
executed October 14, 1981
)
County of /~ JP/~ )
ss.
On this _~, day of /~c,'/ , 1982, before me, the
undersigned, a Notary Public %n and for said State, personally appeared
ERNA I. TOMLIN, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she executed
the same as Trustee of the TOMLIN TRUST created by agreement executed
October 14, 1981.
IN WITNESS WHEREOF,
official seal the day and
$ ~., **.~ -..
.-..
I have hereunto set my hand and affixed my
year in this certificate first above written:
ary Public fGr ,.~-*~--~U
iding at /'~e~,;~'~
commission expires /-~9~
Page 3 of 3
December 28, 2001
CUP 01-029
MERIDIAN CITY COUNCIL MEETING January 2, 2002
APPLICANT Kodiak Development, LLC ITEM NO. ~-A
REQUEST Findings - Request for a Planned Unit Development for o pdvate RV Storage and
reduced lot .i7,~. in an R-8 zone for proposed Kodiak Subdivision - 2435 South Meddian Road
AGENCY
CiTY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A'r[ORNEY
CITY POLICE DEPT:
CITY FiRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See uffached Findtn;Is
Contacted:
Date: Phone:
Materials presented ut public meetings shall become properly of the City of Meridian.
interoffice
MEMORANDUM
To: William G. Berg, Jr./7_
From: William F. Nichols~y,r
Subject: KODIAK SUBDIVISION BY: KODIAK DEVELOPMENT, LLC, FOR
CONDITIONAL USE PERMIT 1N R-8 ZONE
File No.: CUP-01-029
Date: December 21, 2001
Will:
Please find attached the original FINDINGS OF FACT
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS. Please place this
matter upon the Regular Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\Wor k~vl~,teridia n~vleridian 15360M~(odiak Sub PP0 I-016 CUO01-029 VAR0 £-019\CltcLt r CUP f fcls&Or der doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 12-18-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
UNIT DEVELOPMENT FOR A
PRIVATE RV STORAGE AND
REDUCED LOT SIZES IN A
RESIDENTIAL SUBDIVISION,
IN A R-4 ZONE FOR KODIAK
SUBDIVISION, LOCATED AT
2435 S. MERIDIAN ROAD,
MERIDIAN, IDAHO
KODIAK DEVELOPMENT, LLC
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-01-029
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on December 4, 2001, and continued until December 18,
2001, at the hour of 6:30 p,m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and also appearing and testifying were: Fire Chief Kenny Bowers, Bill
Musser of the Meridian Police Department, Christy Richardson from the Ada County
Highway District, Jim Jewett and Dan Richards, and the City Council having duly
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-029) 1
considered the evidence and the record in this matter and the Recommendations to
City Council issued by the Planning and Zoning Commission xvho conducted a public
hearing and the Council having heard and taken oral and xvritten testilnony, and
having duly considered the matter, the City Council hereby makes the follo~ving
Findings of Fact, Conclusions of Laxv and Decision and Order to-~vit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for
December 4, 2001, and continued until December 18, 2001, before the City Council,
the first publication appearing and written notice having been mailed to property
o~waers or purchasers of record ~vithin 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 December 4, 2001, and continued until December 18, 2001,
public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-O 1-029) 2
Meridian, having been given tull opportunity to express comments and submit
evidence.
2.
There has been compliance with all notice and hearing requirements set
[brth in Idaho Code {367-6509, 6512, and Meridian City Code {}{3 11-I5-5 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 an R-8 zone and by reason of
the provisions of the Meridian City Code § 11-17-4, a public hearing ,vas required
before the City Council on this application.
4. The property is located at 2435 S. Meridian Road, Meridian, Idaho.
5. The owner of record of the subject property is Kodial< Development
LLC of Boise, Idaho.
6. Applicant is Jim Jewett of Boise, Idaho.
7. The subject property is currently zoned R-8. The zoning district of R-8
is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for a
planned unit development for a private RV storage and reduced lot sizes in a
residential subdivision. The R-8 zoning designation within the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029) 3
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 City Council recognizes that 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. The development agreement,
signed as part of the annexation, requires that the future development and use of the
property occur only through a Conditional Use Permit. Lot 2, Block 1, is intended to
be used as a daycare, and must be approved by a separate Conditional Use Permit.
The daycare use is not included as part of this planned development.
11. The City Council recognizes the concerns of Greg Johnson of Bear
Creek Development.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029) 4
govermnental 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 follmving conditions of development are
imposed and the follmving 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 IVleridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
13.1
A nesv landscape plan, in accordance with the Landscape Ordinance,
shall be submitted to the Planning and Zoning staff for approval at least
ten days prior to the City Council Hearing. The new landscape plan
shall include the required landscape buffer between the RV storage and
residential lots, and the landscape buffer bet~veen the commercial use
located on Lot 2, Block 1, and residential lot (Lot 3, Block i) to the
west. The conifers in the street buffer shall be replaced with deciduous
trees.
13.2
A six (6) foot-tall solid wood or vinyl fence shall be installed along the
interior of the required landscape buffers for the RV storage on Lot 19,
Block 1.
13.3 The RV storage use shall be for the residents of Kodiak Subdivision
only. Hours of operation shall be limited.
13.4 The entire parking surface of the RV storage lot shall be hard surfaced
,vith asphalt, and all drainage shall be retained on site.
13.5 No approval of any kind is given for development of Lot 2, Block 1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029)
5
13.6
Water service to this site will be via extensions from eMsting mains
adjacent to the proposed site. Applicant ~vill be responsible to construct
the xvater mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing ~vith the Public Works
Department. A mininrunr 20-foot wide easement centered on the main
will be required for ali mainlines outside of public right-of-ways.
Applicant shall provide the Public Works Deparunent with information
on anticipated fire flow and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should be
monitored with the Meridian Water Department.
13.7
Slope details and planting details shall be provided for the proposed
drainage pond. If slopes of 3:1 or greater are used, the pond shall be
enclosed by a perimeter fence, and the area cannot be used in the
calculation for open space.
13.8
Off-street parking shall be provided in accordance with Section 1 1-13 of
the City of Meridian Zoning and Development Ordinance as provided
on the submitted site plan.
13.9
Paving and striping shall be in accordance ~vith the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans ~vith
Disabilities Act (ADA) requirements.
13.10 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 parMng areas. Storm ~vater
treatment and disposal must be designed in accordance ~vith
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-0!-029)
6
13.11
I3.12
13.13
13.14
Adopt
follmvs:
13.15
13.16
regarding Shallow Injection Wells.
Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adioining roadways and
properties, in accordance with City Ordinance Section 11-13-4.C.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
Trash enclosures shall meet the requirements of the Sanitary Service
Company's guidelines for location and size.
All provisions required by the ACHD, Fire Department and Central
District Health, in the preliminary plat application (PP-01-016) apply
to all applications for this development.
the Recommendations of the Nampa & Meridian Irrigation District as
A Land Use Change/Site application shall be filed.
All laterals and waste ways shall be protected and all municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code §31-3805. It is
recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Additionally, the applicant shall comply with the action of the City Council
taken at their December 18,2001 meeting as follows:
13.17 The application is contingent upon the approval of the Idaho
Transportation Department and Ada County Highway District.
13.18 The hours of operation of the RV storage shall be from 7:00 a.m. to
10:00 p.m.
14. The proposed uses within the subject application ~vill be harmonious
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-O 1-029)
7
xvith and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because, the current Comprehensive
Plan Land Use Map delineates the property as "Single-family Residential". The
requested uses, residential RV storage, single-family d~vellings and a futm'e
commercial building (as allowable in an R-8 zone) have previously been found to be
harmonious ~vith the "Single-family Residential" designation and are in accordance
with the overall goals and ideas of the Comprehensive Plan.
15. The uses proposed ~vithin the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area. It is found that the proposed buildings and uses have not been designed
to be constructed, operated and maintained in a manner that is appropriate with the
existing area. Additionally, it is found that the proposed uses will not be harmonious
in appearance with the existing or intended area of the general vicinity. The lots
within the proposed subdivision are extremely small (3,047 to 3,890 square feet),
and the lots to the north of this property, located in Bear Creek, are much larger. For
example, the adjacent building lots in Bear Creek Subdivision are between 29,315 to
11,602 square feet in size, 3-9 times the size of the lots in Kodiak Subdivision. Upon
being built, the homes in Bear Creek will have up to 6 ~/0_ residences adjacent to their
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-O 1-029) 8
rear yards. Add to this fact that all of the homes within I(odial will be two (2) stories
tall and built right to the requested rear setback (12' from property line), and it
becomes apparent that the two residential uses are not of the same character. Kodiak
is high density, whereas Bear Creek is low to medium density. The change of e,~isting
character within the general vicinity becomes more apparent ~vhen you factor in the
RV storage to be built ~vithin and accessed through Bear Creek Subdivision. The
submitted site plan indicates that only a wrought iron fence (built by Bear Creek)
will be used to separate the storage area from the surrounding residential uses. At the
minimum, the RV storage area shall have a solid wood or vinyl fence with the
appropriate landscape buffer between land uses (25 feet). The RV storage shall not
be available to the general public. In order to make the RV storage uses harmonious
and compatible with the surrounding uses, it shall be properly screened and
landscaped. Furthermore, it shall be restricted for use by only the residents of
Kodiak Subdivision. It would be very difficult for the applicant to develop the
property in a manner that would not change the intended or existing character of the
immediate vicinity. Finally, it is found that this planned development would alter
the essential character of the area. It is also found that the proposed higher density
of Kodiak is not harmonious with Bear Creek Subdivision.
16. The uses proposed within the subiect application ~vill be hazardous or
disturbing to existing or future neighboring uses. It is found that the RV storage
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-O1-029)
9
could be disturbing to the future neighboring uses, due in part to the fact that the
property is accessible through the neighboring subdivision and that the storage area
abuts single-family home lots in the adjacent subdivision. The increased traffic could
be disturbing xvithin Bear Creek, especially to those who purchase homes adjacent to
the RV storage. Additionally, landscaping and screening would help to reduce the
impact of the RV storage. Lighting within the RV storage area is also of particular
concern. Special care will need to be taken by the developer to protect the adjacent
residential lots from glare and ambient lighting.
17. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
18. The uses proposed within the subject application rvill not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors. It is found that the
increased traffic will not be detrimental to any persons, property or general welfare;
however, it will bring increased traffic into Bear Creek and onto Meridian Road.
19. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
20. Will not create excessive additional requirements at public cost for public
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029)
10
facilities and services and will not be detrimental to the economic xvelfare of the
community. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, it is found
that the proposed use would not be detrimental to the economic welfare of the
community; ho~vever, it may affect the marketability of the lots to the north and ~vest
within Bear Creek.
21. Will have vehicular approaches to the property ;vhich shall be so designed
as not to create an interference with traffic on surrounding public streets. It is found
that the proposed use will not interfere with general traffic patterns on any public
streets. ACHD has revie,ved and approved the vehicular approaches as submitted on the
site plan. ACHD has determined that the proposed shared driveway can accommodate
the increase in traffic and control ingress and egress into development and to the church
to the south.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. {}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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029) 11
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 other~vise 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 follo~ving
standards are met and that the proposed development: (Meridian City Code § 11-17-
3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
d.
uses;
e.
Will not be hazardous or disturbing to existing or future neighboring
Will be served adequately by essential public facilities and services such
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUPoO1-029)
I2
as highxvays, streets, police and fire protection, drainage structures, refuse disposaI,
,vater, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and ~vill not be detrimental to the economic ,velfare of
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Medium Densitv
Residential District (R-8), a public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record ~vithin 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 §
i 1-17-5 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 w/thom
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029)
13
6. Follo~ving 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 ~vith supportive reasons. The Commission shall recommend
that the application be approved, approved ~vith conditions or denied. The
Commission shall ensure that any approval or approval ~vith conditions of an
application shall be in accordance ~vith Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7. YVhen 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 Comprehensive Plan of the City of Meridian, which ~vas adopted December
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-O1-029)
14
21, 1993, Ord. 629, January 4, 1994 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 Order that:
i. That the above named applicant is granted a conditional use permit for
a planned unit development for a private RV storage and reduced lot sizes in a
residential subdivision in an R-8 zone located at 2435 S. Meridian Road, Meridian,
Idaho, subject to the follmving conditions of use and development:
1.1 A new landscape plan, in accordance with the Landscape Ordinance,
shall be submitted to the Planning and Zoning stag for approval at least
ten days prior to the City Conncil Hearing. The new landscape plan
shall include the required landscape buffer between the RV storage and
residential lots, and the landscape buffer between the commercial use
located on Lot 2, Block 1, and residential lot (Lot 3, Block 1) to the
west. The conifers in the street buffer shall be replaced with deciduous
trees.
1.2 A six (6) foot-tall solid wood or vinyl fence shall be installed along the
interior of the required landscape buffers for the RV storage on Lot 19,
Block i.
1.3 The RV storage use shall be for the residents of Kodiak Subdivision
only. Hours of operation shall be limited.
1.4 The entire parldng surface of the RV storage lot shall be hard surfaced
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029)
15
with asphalt, and all drainage shall be retained on site.
1.5 No approval of any ldnd is given for development of Lot 2, Block 1.
1.6
Water service to this site will be via extensions from existing mains
adjacent to the proposed site. Applicant will be responsible to construct
the water mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing with the Public Works
Department. A n~inimum 20-foot wide easement centered on the main
~vill be required for all mainlines outside of public right-of-ways.
Applicant shall provide the Public Works Department with information
on anticipated fire flo~v and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should be
monitored with the Meridian Water Department.
1.7
Slope details and planting details shall be provided for the proposed
drainage pond. If slopes of 3:1 or greater are used, the pond shall be
enclosed by a perimeter fence, and the area cannot be used in the
calculation for open space.
1.8
Off-street parMng shall be provided in accordance ~vith Section 11-13 of
the City of Meridian Zoning and Development Ordinance as provided
on the submitted site plan.
1.9
Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
1.10
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 parMng areas. Storm water
treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-029)
16
1.11
1.12
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing ail
necessary applications ~vith the Idaho Department of Water Resources
regarding Shallow Injection Wells.
Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadsvays and
properties, in accordance ~vith City Ordinance Section 11-13-4.C.
All construction shall conform to the requirements of the Alnericans
with Disabilities Act.
1.13 Trash enclosures shall meet the requirements of the Sanitary Service
Company's guidelines for location and size.
1.i4
All provisions required by the ACHD, Fire Department and Central
District Health, in the preliminary plat application (PP-01-016) apply
to all applications for this development.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1.15 A Land Use Change/Site application shall be filed.
1.16
All laterals and waste ways shall be protected and all municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review drainage plans.
The developer shall comply with Idaho Code §31-3805. It is
recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Additionally, the applicant shall comply with the action of the City Council
taken at their December 18, 2001 meeting as follows:
1.17 The application is contingent upon the approval of the Idaho
Transportation Department and the Ada County Highway District.
I. 18 The hours of operation of the RV storage shall be from 7:00 a.m. to
10:00 p.m.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Ol-029)
17
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code § 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
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 FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit 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
day of ,2001.
ROLL CALL:
COUNCILMAN BIRD VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029)
18
COUNCILWOMAN deWEERD
VOTED
COUNCILWOMAN McCANDLESS
VOTED
COUNCILMAN NARY
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAICER)
DATED:
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:.
City Clerk
Dated:
Z:\WorkkM~leridian~leridian 15360M~(odiak Sub PPOI-016 CUO014329 VAR01-OI9~FfCIsCUPOl-029.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-029)
19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 1218/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
UNIT DEVELOPMENT FOR A
PRIVATE RV STORAGE AND
REDUCED LOT SIZES IN AN R-
8 ZONE FOR PROPOSED
KODIAK SUBDIVISION,
LOCATED AT 2435 SOUTH
MERIDIAN ROAD,
KODIAK DEVELOPMENT, LLC
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-01-029
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on December 4, 2001, and
continued until the 18TM day of December, 200I, under the provisions of Meridian
City Code § 11-17-4 for final action on conditional use permit application and the
Council having received and approving the Recommendation of the Planning and
Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditionai use permit for
a planned unit development for a private RV storage and reduced lot sizes in a
residential subdivision in an R-8 zone located at 2435 S. Meridian Road, Meridian,
Idaho, subject to the following conditions of use and development:
ORDER CONDITIONAL USE PERMIT - 1
PLANNED DEVELOPMENT BY KODIAK
DEVELOPMENT, LLC / CUP-O1-029
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
2.1
A nexv landscape plan, iii accordance with the Landscape Ordinance,
shall be submitted to the Planning and Zoning staff for approval at least
ten days prior to the City Council Hearing. The new landscape plan
shall include the required landscape buffer between the RV storage and
residential lots, and the landscape buffer between the commercial use
located on Lot 2, Block 1, and residential lot (Lot 3, Block 1) to the
west. The conifers in the street buffer shall be replaced with deciduous
trees.
2.2
A six (6) foot-tall solid wood or vinyl fence shall be installed along the
interior of the required landscape buffers for the RV storage on Lot 19,
Block 1.
2.3
The RV storage use shall be for the residents of Kodiak Subdivision
only. Hours of operation shall be limited.
2.4
The entire parMng surface of the RV storage lot shall be hard surfaced
~vith asphalt, and all drainage shall be retained on site.
2.5 No approval of any Mnd is given for development of Lot 2, Block 1.
2.6
Water service to this site will be via extensions from existing mains
adjacent to the proposed site. Applicant will be responsible to construct
the water mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing ~vith the Public Works
Department. A minimum 20-foot ~vide easement centered on the main
will be required for all mainlines outside of public right-of-~vays.
Applicant shall provide the Public Works Department with information
on anticipated fire flow and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should be
monitored with the Meridian Water Department.
2.7
Slope details and planting details shall be provided for the proposed
drainage pond. If slopes of 3:1 or greater are used, the pond shall be
enclosed by a perimeter fence, and the area cannot be used in the
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY KODIAK
DEVELOPMENT, LLC / CUP-01-029
-2
2.8
2.9
2.10
2.11
2.12
calculation for open space.
Off-street parMng shall be provided in accordance xvith Section 11-I3 of
the City of Meridian Zoning and Development Ordinance as provided
on the submitted site plan.
Paving and striping shall be in accordance ~xqth the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
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 ~vater
treatment and disposal must be designed in accordance ~vith
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction ~vhich 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.
Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and
properties, in accordance ~vith City Ordinance Section i 1-13-4.C.
All construction shall conform to the requirements of the Americans
~vith Disabilities Act.
2.13
2.14
Trash enclosures shall meet the requirements of the Sanitary Serv4ce
Company's guidelines for location and size.
All provisions required by the ACHD, Fire Department and Central
District Health, in the preliminary plat application (PP-01-016) apply
to all applications for this development.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY KODIAK
DEVELOPMENT, LLC / CUP-01-029
-3
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
folloxvs:
2.15 A Land Use Change/Site application shall be filed.
2.16
All laterals and ;vaste ~vays shall be protected and all municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall revie~v drainage plans.
The developer shall comply xvith Idaho Code §31-3805. It is
recommended that irrigation water be made available to all
developnrents ~vithin the Nampa & Meridian Irrigation District.
Additionally, the applicant shall comply with the action of the City Council
taken at their December 18, 2001 meeting as follows:
2.17 The application is contingent upon the approval of the Idaho
Transportation Department.
2.18 The hours of operation of the RV storage shall be from 7:00 a.m. to
10:00 p.m.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
~vithout complying with the provisions of Meridian City Code § 11-17-8, acopy of
which is attached to this permit.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY KODIAK
DEVELOPMENT, LLC / CUP-01-029
-4
By action of the City Council at its regular meeting held on the
day of ,2001.
Robert D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By: Dated:
City Clerk
Z:\WorkkM~vleridiankMeridian 15360M~d(odiak Sub PP01-016 CUO01-029 VAR01-019\OrderCUP01-029.doc
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY KODIAK
DEVELOPMENT, LLC / CUP-01-029
-5
December 28, 2001 VAR 01 -O19
MERIDIAN CITY COUNCIL MEETING
APPLICANT Kodiak Development, LLC
REQUEST
January 2, 2002
ITEM NO. ~,~- ~
Findings - Request for a Variance to exceed 1,000 feet maximum length requirement
and fo allow the public rood being proposed to exceed 450 feet maximum length requirement
in an R-8 zone for proposed Kodiak Subdivision - 2435 South Meddian Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CffY A1]'ORN EY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEI]'LERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See cn~fached Findings
Contacted:
Date: Phone:
Mcfletials presented at public meetings shall become properly of the City of Mel'ldian.
Interoffice
MEMORANDUM
RECEIVED
DEC 2 8 2001
City Of Meriddan
City Clerk Office
To:
William G. Berg, Jr.
From:
Subject:
Wm. F. Nichols
Kodiak Development, LLC - Kodiak Subdivision (VAR-01-019)
Date: December 21, 2001
Please find attached the original of the Findings of Fact and Conclusions
of Law and Decision and Order Granting a Variance, pursuant to action of the Council at
their December 18, 2o01, meeting. The Findings will be on the Council=s agenda for
January 2, 2001.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Deparhaent, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\Work\M\Meridia n\Meridlan 1,S36oM\Kodlak Sub ppol.-ol6 CUOol-o'29 VAROx-Ol9\berg1221°lVAR°x-°19'd°c
BEFORE THE MERIDIAN CITY COUNCIL
C/C mqS-m
IN THE MATTER OF THE )
APPLICATION OF KODIAK )
DEVELOPMENT, LLC, FOR A )
VARIANCE TO EXCEED THE )
1,ooo FOOT BLOCK LENGTH )
AND TO ALLOW THE PUBLIC )
ROAD BEING PROPOSED TO )
EXCEED THE MAXIMUM 450 )
FEET REQUIREMENT FOR )
PROPOSED KODIAK )
SUBDMSION, LOCATED AT )
2435 S. MERIDIAN ROAD, )
MERIDIAN, IDAHO )
VAR-ol-o19
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on December 4, 2om and continued until December 18, 20o~, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying Were: Fire Chief Kenny Bowers, Bill Musser of the Meridian Police
Department, Christy Richardson of the Ada County Highway District, Jim Jewett and
Dan Richards, and the City Council having received the transmittal to agencies and
having received the variance application, having heard the testimony presented, being
fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
The City Council takes judicial notice of its Zoning, Subdivisions and
Page 1 of 8
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION
Development Ordinances codified at Title l~ Municipal Code of the City of Meridian and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted
December 21, 1993 Ordinance #629 B January 4, 1994 and Maps.
2. The requirements of Idaho Code ' ' 67-65o9, 65~6 and Meridian City Code ' '
11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Jim Jewett whose address is 3090 Gentry Way, Suite ~5o,
Meridian, Idaho 83642.
4. The owners of the property are Daniel W. Richards and Douglas M. Olson,
whose address is m85 W. Wildsheep Lane, Kuna, Idaho 83634.
5. The location of the subject property is presentlylocated in a Medium Density
Residential (R-8), and which subject property is located at on the west side of Meridian
Road, south of Overland Road, Meridian, Idaho.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map, and is attached hereto as Exhibk "A" and consisting of
three pages, and as the legal description appears in the record of proceeds of this matter,
and which is on file with the Meridian City Clerk's office.
7. The present land use of subject property is presently zoned as Medium
Density Residential (R-8), and which subject property is presently vacant and agricultural
land.
8. The proposedland use of subj eot property is to develop the subject property in
the following manner: Residential subdivision, office with a PUD.
9. That a vicinity map, attached hereto as Exhibit "A" and consisting of three
FIND1NGS OF FACT AND CONCLUSIONS OF LAW A_ND -- Page 2 of 8
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION
pages, of the proposed scale approved by the City Council showing property lines, existing
streets, proposed district and such other items as required have been furnished.
lO. The Applicant seeks a variance of the following prox4sion of the Meridian
City Code, §12-4-5, BLOCKS, and §12-4-2 F STREETS, andin the R-8 zone if granted the
re-zone, which provides as follows:
12-4-5 BLOCKS:
Every block shall be so designed as to provide two (2) tiers of lots, except where lots
back onto an arterial street, natural feature or subdivision boundary. Blocks shall
not be less than five hundred feet (50o') nor more than One thousand feet (1,ooo') in
length.
12-4-2 F STREETS:
Cul-De-Sacs: No street which ends in a cul-de-sac or a dead-end shall be longer than
four hundred fifty feet (450').
l 1. All property owners within three hundred feet (300') of the external
boundaries have been notified by mail, and their mailing addresses may be obtained from
the list on file with the Planning and Zoning Department.
12. The special circumstances or conditions affecting the property that the
strict application of the provisions of the Title would dearly be impracticable or
unreasonable; it is found that there are no stub streets to the north or south that would
pro~4de a natural break in the block length. Further, due to the long and narrow
dimensions of the property, when added to the limitations of sewer service that can be
made available to the property, due to its topography, it would make strict application of
Meridian City Codes 12-4-2F and 12-4-5 impractical.
t3. The strict compliance with the requirements of this Title would result in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 8
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION
extraordinary hardship to the owner, subdivider, or developer because of unusual
topography, the nature or condition of adjacent development, other physical conditions
or other conditions that make strict compliance with this Title unreasonable under the
circumstances, or that the conditions and requirements of this Title will result in
inhibiting the achievements or the objectives of this Title; it is found that the adjacent
developments do not provide stub streets to this development that could be used to
break up the block length, and the topography of the lot makes sewer service unavailable
to roughly 1/3 of the subdivision. Strict compliance with Meridian City Codes m-4-5
and 12-4-2 F would be unreasonable.
~4- That the granting of the specified variance will not be detrimental to the
public's welfare or injurious to other property in the area in which the property is situated;
it is found that the requested variance will not be detrimental to the public's welfare. Also,
the requested variance will not be injurious to other property in the area. 15. ql~lscch
variance will not have the effect of altering the interest and purpose of this Title and the
Meridian Comprehensive Plan; it is found that the issuance of a variance for this project will
not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan.
~6. Granting the variance would maintain rights which would be afforded to
others in the same situation.
~7. The Comprehensive Plan for the R-8 District is to permit the
establishment of single- and two-family dwellings at a density not exceeding those areas
where such development has or is likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of large homes into two-family
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 8
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION
dwellings in well-established neighborhoods of comparable land use. Connection to the
Municipal water and sewer systems of the City is required,
The applicant paid the fee established by the City Council for application
18.
variance.
CONCLUSIONS OF LAW
The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
prmdsions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-65~6 by
the enactment as a part of its Zoning and Development Ordinance variances, as set forth in
Meridian City Code § ~x-x8.
3. That the requirements for the processing of a variance request are set forth in
Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ xx-xS-5 and xl-W-5.
4. Application and standards for variances are set forth in Meridian City Code §
lxqS-2, and the findings which are required are set forth in Meridian City Code § lx-~8-3,
include required findings that there are special circumstances or conditions affecting the
property that strict application of the provisions of Zoning and Development Ordinance
would clearly be impracticable and unreasonable, and a finding that strict compliance with
the requirements of the Zoning and Development Ordinance would resuk in extraordinary
hardship to the owner, subdivider or developer because unusual topography, the nature or
condition of adjacent development, or other physical conditions or other conditions that
FINDI2qGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 8
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION
make strict compliance with the ordinance unreasonable under the circumstances, or that
the conditions and requirements of said ordinance will result in inhibiting the achievements
o r the objectives of the ordinance, and that the granting of a specified variance will not be
detrimental to the public's welfare or injurious to other property in the area in which the
proper%' is situated, and that such variance will not have the effect of altering the interest
and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive
5. Meridian City Code, §12-4-5, BLOCKS, and §12-4-2 F STREETS, andin the
R-8 zone if granted the re-zone, provides as follows:
12-4-5 BLOCKS:
Every block shall be so designed as to provide two (2) tiers of lots, except where lots
back onto an arterial street, natural feature or subdivision boundary. Blocks shall
not be less than five hundred feet (5oo') nor more than one thousand feet (~,ooo') in
length.
12-4-2 F STREETS:
Cul-De-Sacs: No street which ends in a cul-de-sac or a dead-end shall be longer than
four hundred fifty feet (45o').
DECISION AND ORDER
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 the Applicant is hereby granted a variance from the block and street
requirements for Kodiak Subdivision in the R-8 zone. Approval of this variance does not
mean that the City Council has approved the exact street design shown in Exhibit "A'. The
applicant must receive specific street design approval through the pending preliminary plat
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDWISION
Page 6 of 8
application.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code' 67-65m an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
a variance authorizing a variance of the Block and Street Requirements in the R-8 Zone
as provided in the Section m-4-5 and 12-4-2 F and may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter 52,
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the day of
, 2001.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE McCANDLESS VOTED
COUNCILMAN WILLIAM NARY
VOTED
MAYOR ROBERT D. COR~E ~IE BREAKER)
DATED:
VOTED
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION
Page 7 of 8
Cop3' setwed upon Applicant, the Planning and Zoning Department, Public WorKs
Department, and the City Attorney office.
By:. Dated:
City Clerk
\\NPA_NTS40_P DC\SERVER_gXWork\M~Vleridian\Meddian15360M\16adiak Sub PP01 -OI 6 CUO0 t-O29 VAR0I d)l 9\FfClsGrantVafiance.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GR.ANTING A VARIANCE / VAR-01-019
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION
Page 8 of 8