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HomeMy WebLinkAboutApplicant CorrespondenceKodiak Development March 5, 2002 City of Meridian 3090 E, Gentry Way suite 150 Meddian Idaho, 83842 208-288-2228 office 288-288-2684 fax 208-941-9480 cell RECEIVED 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) Private road vs. Public road. It was stated in the hearing on 02-19-02 that a Private 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 private. Aisc 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 Christy Richardson of ACHD there are two different types of Deeds that lTD has acquired right of way. One can restrict future use (this is the type currently used) and the old deeds that did not restrict future use. For both this property and the Church's property to the south ITD acquired r.o~w in the late 80's under deeds that did not restdct 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 s~'eets they would approve access to this and the church's property provided that is does not connect to the Sear 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 I 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) Aisc, 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 tried to get Greg Johnson to agree to extent the cul--de-sac to the north of our property in Bear creek to our North property 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. Aisc Jn 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 Shad 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. e) 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. 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 durning 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. ~ ~ar 05 O~ lO:~Be Joe BROP_O_SAL CURTIS CLEAN SWEEP, INC P O BOX 44112 BOISE 113 83711 Idaho~ Public '¢J_O.Ck$ .- 1329~_=8-4(42,47} AGC (208)343-7600 (208)343-2159 = FAX DBE - 49CF26 KODIAK DEVOLPMENT 03-04-02 2287 KODIAK APPLY1 COAT OF SEALER TO 22875 SQ FT OF A6PHALT 675GALLONS OF $1,830.00 SEALER PRICE TO REMAIN THE SAME FOR 5 YEARS WE CUT OUR SEALER MAXIUM OF 15%WITH WATER Clean and fill cracks with i",ot crack filler INC Treat oil spots NA SWEEP AND DETAIl. ALL PAVED AREAS ONCE PER YEAR $100.00 Res'tripe to existing Ioyout NA PaintYellow curb NA , repaint & fire lane stencils NA Remove and replacesq ff NA IF ADDITIONAL BASE MATERIAL IS NEEDED THERE WILL BE AN EXTRA CHARGE SNOW PLOW THREE TIMES PER YEAR UPON COMPLETION AS LISTED . / Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are t~ereby accepted. You are authorized to do the work as specifiod. Payment will bc made as outlined above. Date Signature Signature DEC-13-01THU 02:38 PH TRRHSNflTION TITLE DEC-D-ZOOt T~U 02:14 Pti TRRNS~T[ON-Et~RALD FRX NO, 3880815 P, 02/06 STAT~ OF %DAHO~ l~ .kRO FOR ~R~ COUHTY OF AD~ ~ONB fl, OiUdAH~ LLOYD %, IO~O TRAHSPQ~T&T%0~ BO~Df WI&LIMI 0. ]~R0~ and OF CO~U~l, HAT%6~ L ~dgmenb ad~Gdgtng tha~ tho ~e[e~dafl~s have 6~d ~e;Dvet ~om ~he {$35,00~,00); inCl~ding l~et85~ and' costs o[ mgic; a~d the hu~ei~a~e% descl~bedf uil~ be p~, to-v~, a pubT[c ht~hvay, is ~ OU CO9D~HkTZOH - [ DE0-13-01 THU 02:39 PM TP,~NSNRTION TITLE DEO-13-200't THU 02:1~, FAX NO, 3880615 P, 03/05 :, 3. Tha~ ~he he~e~na~eE described ~EO~ELy an~ DEO-I$-01 ~U 02:$8 P~I TR~N~NATION TITLE FA>i NO, 2880815 P, 04/05 ' DI~(~-1$-~OOl T~U 0~;~.4 PH Tp~iI~TIO~EIIEI~LD~'i~a ~, ~vo~oww ....... 020'/"/C0865 ~S fO~OVS, co-v~ sl~d S~a~e uLgh~aV Ho, 69, ~ca~cc~ HQ. SE-~-3~82(~) HLghwB~ 5~a~$on ~efecen~e: 403+76.44 ~o 407+G~,40 'The a~l above described can~aine Bpp~ox~maCe~ 0.2?9 ~c~esF 0,~08 acres o~ which Ls acknoeleSged ~o be a ~r~on O~ A p~blic coed. ~0 deGtvna~e :~e pcoae;~y ~e a~d any variance ~ecween EXHIBIT' N( D~O-13-Ol THU 02:39 PM TR~I,I~N~TION TITLE F~ NO, 3880815 P, 05/05 '~' '~ 1)E0-13-2001 TI~ 02~{5 P~i TR~TIOH~EHERi~Li) F/~ HO, ~,ut~u~u ,, ~'"' 0~0"/'7COB66 / Ju~ ~9, X985 as ~nsc;~nn~ Mo. 6531S46 and [e-cecozded ~obe~ cion 404+XS o~ s~Xd a~gb~ay ~:vey ina &v,u ~--~ -*-- - '- p~ope~y ~oE said ~G~QSO, '. WARRANTY DEED Project No. SR-RS-3782(2) Parcel No. 26, Ido No. 20306 Key No. 694 THIS INDENTURE, Made this LzL. day of ~r, i/ between ERNA I. TOMLIN as Trustee of THE TOMLIN TRUST, Ada County, ~aho, Request PfONEER TITLE TIME 9, '/¢g/~ DATE JOHN ~ASTIDA RECORDER Deputy , 19~, 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 simple, 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 ti%e Southeast corner of the NE¼SE¼ 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 89P21'29" West from Station 394+31.02 of said Page 1 of 3 WARRANTY DEED Project No. SR-RS-3782(2) Parcel No. 26, Id. No. 20306 Key No. 694 State Highway No. 69, Project No. SR-RS-3782(2) Survey; 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+31.,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 t~]e 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 description. Grantor conveys unto the Grantee the right to prohibit the erec- tion or construction of any buildings or structures except irrigation or drainage structures within twenty feet (20') of the real property above described. It is expressly intended that these covenants, burdens and res- trictions shall run with the land and shall i%er selfs and assigns. TO HAVE ~D TO HOLD the said premises, unto the said Grantee and its forever bind the Grantor, with their appurtenances, successors and assigns forever. And the Page 2 of 3 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 seal the day and year first above written. ERNA I. TOMLIN ~S Trustee of the TOMLIN TRUST, created by agreement. executed October 14, !981 STATE OF ~7~O/~///O ) ) County of ~/$ ) ss. On this /_a~. day of ~, ~r,'/ , 198~_, 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~ Tsery ?ubl±c for .~ comm±ss±on exp±res /-~ Page 3 of 3 December 28, 2001 CUP 01-029 MERIDIAN CiTY COUNCIL MEETING January 2, 2002 APPLICANT Kodiak Development, LLC ITEM NO. ~"~-/~ REQUEST Findings - Request for a Planned Unit Development for a private RV Storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision - 2435 South Meddian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATi'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: SEI-I'LERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See c~l~ched Findings Contacted: Date: Phone: MoferJals presented at public meetings shall become pmpedy of Ihe Clly of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr.//_ /~ ~/ From: William F. NicholsffTZ[7// Subject: KODIAK SUBDIVISION BY: KODIAK DEVELOPMENT, LLC, FOR CONDITIONAL USE PERMIT IN R-8 ZONE File No.: CUP-01-029 Date: December 21, 2001 Will: Please find attached the orig4nal 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:\W o r kk'M'kM e ri dia n~Me r idi a n 15360M~Kodiak Sub PP01-016 CUO01-029 VAR01-019\ClkLt r CUP ffcls&Or del 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 Shaft 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 Highxvay 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 testimony, 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 18,200 i, 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 (I 5) 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-O1-029) 2 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 1 i-i 7- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed ~vith 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 Kodiak 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. 1 I. 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 governmental subdivisions providing services in the City of Meridian planning iurisdiction public facilities and services required by the proposed development ~vill not impose expense upon the public if the follo~ving conditions of developnrent are imposed and the follo~ving 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 ,vithin the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recomnrendations of the Planning and Zoning and Engineering staff' as folloxvs: 13.1 A ne~v 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 ne~v landscape plan shall include the reqnired landscape buffer bet~veen the RV storage and residential lots, and the landscape buffer bet~veen the comnrercial use located on Lot 2, Block 1, and residential lot (Lot 3, Block 1) to the ~vest. 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 parldng 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 xvill be via extensions from existing 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 with the Public Works Deparunent. A minimmn 20-foot wide easement centered on the main Mil be required for all mainlines outside of public right-of-ways. Applicant shall provide the Public Works Department ~vith information on anticipated fire flow and domestic water requirements for the proposed site. Flo~v and pressure from the existing mains should be monitored with the Meridian Water Deparm~enr. 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 11-13 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 I 1-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance ~vith )mmricans ~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 parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-029) 6 regarding Shallow Injection Wells. 13.11 Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roa&vays and properties, in accordance with City Ordinance Section 11-13-4.C. 13.12 All construction shall conform to the requirements of the Alaxericans ,vith Disabilities Act. 13.13 Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 13.14 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 follo~vs: 13.15 A Land Use Change/Site application shai1 be filed. 13.16 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: 13.17 The application is contingent upon the approval of the Idaho Transportation Department and Ada County Highway District. I3.18 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 will be harmonious FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O1-029) 7 with and in accordance with the Meridian Comprehensive Plan and the Citv 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 future commercial building (as allowable in an R-8 zone) have previously been found to be harmonious with 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 ~vith 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 ~/_, residences adjacent to their FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-029) 8 rear yards. Add to this fact that all of the homes within Kodial 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, ,vhereas Bear Creek is low to medium densiw. The change of existing character ,vithin 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 subject application will 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-01-029) 9 could be disturbing to the future neighboring uses, due in part to the ~ct 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 ~vithin Bear Creek, especially to those 5vho purchase homes adjacent to the RV storage. Additionally, landscaping and screening ~vould 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 a~d 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 protections, drainage structures, refuse disposal, water, and sewer. 18. The uses proposed within the subject application 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. 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 ~velfare 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 xvelfare of the community; however, it may affect the marketability of the lots to the north and west within Bear Creek. 21. Will have vehicular approaches to the property 5vhich 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 ~vith 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 po~vers 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 otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. 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 (CUP-Ol-029) 12 as highxvays, streets, police and fire protection, drainage structures, refuse disposal, ~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 will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, properly or the general xvelfare 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 Density 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 § 1 I- 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 shaI1 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-029) 13 6. Following the public hearing and ~vithin 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council xvith 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 ~vith 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 Comprehensive Plan of the City of Meridian, which was adopted December FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-029) 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: 1. 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 following 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 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 l) 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 1. 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 xvith asphalt, and all drainage shall be retained on site. 1.5 No approval of any Mnd is given for development of Lot 2, Block 1. 1.6 Water service to this site will be via extensions from e~sting mains adjacent to the proposed site. Applicant ~vill be responsible to construct the ;vater mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing ~xdth the Public Works Department. A minimum 20-foot wide easement centered on the main will be required for all mainlines outside of public right-of-ways. Applicant shall provide the Public Works Department ~vith information on anticipated fire flow and domestic ~vater requirements for the proposed site. Flo~v and pressure from the e:cisting nrains should be monitored with the Meridian Water Departnrent. 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 parking are as. Storm ~vater 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-01-029) 16 1.11 1.12 over the recei,Ang 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 Shallo~v Injection Wells. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illulnination of the adioining roa&vays and properties, in accordance with 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. 1.14 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 rvater be made available to all developments within the Nampa & Meridian Irrigation District. Additionally, the applicant shall comply ~vith 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. 1.18 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-01-029) 17 2. The conditions shall be revie;vable by the Council pursuant to Meridian City Code § 1 I- 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 perlnit. 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: Dated: City Clerk Z:\Wor kVviVvleridianWleridian 15360M~(odiak Sub PPO [-016 CUO01-029 VARO 1-019~FfCIsCUPO 1-029.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- S 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 i8TM day of December, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a 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-01-029 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 A ne~v 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 ne~v 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 i, and residential lot (Lot 3, Block 1) to the ~vest. The conifers in the street buffer shall be replaced ,vith deciduous trees. 2.2 A slx (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 kind 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 ~vill 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 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 ~vater 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 parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance as provided on the submitted site plan. 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 ~vith 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 water 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 ~vritten authorization prior to development plan approval. The applicant is responsible for filing all 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 road~vays and properties, in accordance ~vith City Ordinance Section 11-13-4.C. All construction shall conform to the requirements of the Americans with Disabilities Act. 2.13 2.14 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-O 1-016) apply to all applications for this development. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY KODIAK DEVELOPMENT, LLC / CUP-01-029 -3 follows: 2.15 2.16 Adopt 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 reviesv drainage plans. The developer shall comply ~vith idaho Code §31-3805. It is recommended that irrigation water be made available to all developments ,vithin the Nampa St 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 without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY KODIAK DEVELOPMENT, LLC / CUP-O1-029 -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:\Wor k~vl~4eridianWieridian 15360M~Kodiak Sub PP0 I-016 CUO01-029 VAR01-019\OrderCUP01-029.doc ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY KODIAK DEVELOPMENT, LLC / CUP-01-029 -5 DecemDer 28, 2001 VAR 01-019 MERIDIAN CITY COUNCIL MEETING APPLICANT Kodiak Development, LLC REQUEST Januaw 2,2002 iTEM NO. ~'~- B Findings - Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road 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: CITY ATrORNEY 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: SETi'LERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See ~tached Findings Contacted: Date: Phone: Mete~lclls presented ~lt public meeltngs shall become properly of Ihe City of Meridian. Interoffice MEMORANDUM RECEI VED DEC 2 8 2001 City Of Meridian City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: 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 xS, 20m, meeting. The Findings will be on the Couneil=s agenda for January 2, 20m. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Merldian\Meridian 1536oM\Kodiak Sub PPm-oI6 CUOol-o29 VARo 1-o 19\berg1221o 1VARo x-o ~9.doc BEFORE THE MERIDIAN CITY COUNCIL C/C m-18-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-ox-ol9 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, 2001 and continued until December 18, 2ool, 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 ll Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December m, ~993 Ordinance #629 B January 4, 1994 and Maps. 2. The requirements of Idaho Code ' ' 67-65o9, 6516 and Meridian City Code ~ ' ~q5-5 and ~2-~1-3 as evidenced in the record of this matter. 3. The Applicant is Jim Jewett whose address is 3o90 Gentry Way, Suite ~5o, Meridian, Idaho 8364o_. 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 presently located 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 Exhibit "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 8. The proposed land use of subject property is to develop the subject property in the follo,Mng manner: Residential subdivision, office with a PUD. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of three FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 8 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019 KODIAK DEVELOPMENT, LLC / KODIAK SUBDWISION 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 provision of the Meridian City Code, §12-4-5, BLOCKS, and §m-4-2 F STREETS, and in 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 (5o0') 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'). 1 I. All property owners w/thin three hundred feet (3o0') 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 clearly be impracticable or unreasonable; it is found that there are no stub streets to the north or south that would pro~'ide 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. ~3. The strict compliance with the requirements of this Title would result in F1ND1NGS 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 12-4-5 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. tS. tlhalsmh 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 1. 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 proxdsions of Idaho Code 5 67-65i6 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 5 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §5 67-6509, 6516 and Meridian City Code 5§ 11-15-5 and 11-17-5. 4- Application and standards for variances are set forth in Meridian City Code 5 11-18-2, and the findings which are required are set forth in Meridian City Code § 11q8-3, 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 dearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 8 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019 KODIAK DEVELOPMENT, LLC / KODIAK SUBDWISION 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 or 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 §m-4-2 F STREETS, and in 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 (9) 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 (500') nor more than one thousand feet (1,ooo') in length. lo-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 ABOVEAND 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' 67-652~ 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 prmdded in the Section m-4-5 and lO-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 50, 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. CORSE ~IE BREAKE~ 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 P~e7of8 Cop3' served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By:. Dated: City Clerk \\NPA_NTS40_PDC~SERVER_Z~Work\M\Meridian\Meridian15360M\Kodiak Sub PP01-OI6 CUO014)29 VAR01-0 l 9\FfClsGran tVariance doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-019 KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION Page 8 of 8