HomeMy WebLinkAboutCherry Lane Rec CUP 99-009
, ,
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF CHERRY
LANE RECREATION, INc., FORA
CONDITIONAL USE PERMIT
FORA GOLF COURSE
CLUBHOUSE, PARKING LOT
AND TEMPORARY CLUBHOUSE
AT 4200 TALAMORE BLVD.,
MERIDIAN, IDAHO
Case No. CUP-99-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before
the City Council on the 15th day of June, 1999, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the hearing, and James A. Yost appeared on the
behalf of the Applicant, Jim Grant and Eva Gay Yost appeared and testified, James Shelly
appeared on behalf of The Lake at Cherry Lane Homeowners Association, Inc., Grant
Kingsford former Mayor of the City of Meridian, Ron Santi secretary/treasurer of the
Cherry Lane Golf Association, Deleta Cooper a senior member of the Cherry Lane Golf
Course, Jennifer Lovan-Holloway the general manager of the Cherry Lane Recreation, Ross
Parton, and Dick Johnson, the surveyor and designer, on the project, appeared and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc.. I
testified in favor of the application, and a petition was submitted in support of approval
of the conditional use permit with the condition that the phases of the Conditional Use
Permit - parking lot, relocation of the temporary clubhouse, and completion of the
permanent clubhouse will be completed within the time frame prescribed by the Planning
and Zoning Commission, Doug Campbell testified representing the Steiner Development,
LLC, and all parties having appeared and testified in favor of the application, and persons
testifying with concerns over the project were Russ Mc Rae, Gordon Margulieux and Ellen
Gasaway, and the City Council having received into the record the Recommendation to
City Council of the Planning and Zoning Commission and having reviewed the newly
submitted plans entitled the "New Proposed Clubhouse for Cherry Lane Golf Course,
Meridian, Idaho, by Architecture Northwest, P A, Randall C. Haverfield Licensed
ArchitectAR-1372, which plans designate Job No. 9918 dated May 1999, DRAWN BY:
JAT, CHECKED BY: R.H., SHEET NUMBER A-O.O I OF 8, which plans include
Architectural Cover Sheet, Basement/Foundation Plan, Main Level Floor Plan, Roof Plan,
Details & Ada Mounting Heights, Exterior Elevations, Building Sections, Wall Sections
and Details, Door and Window Schedules, and General Structural Notes, Foundation
Plan, Main Level Foundation & Framing Plan, Roof Framing Plan, Structural Details S-
5.1and Structural Details S-Y.l, and Johnson Land Surveying, Inc.: Site Plan, Light Plan
and Parking Lot Plan", the staff report and the record made before the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 2
Zoning Commission, and being fully advised in the premises, the Council finds and
concludes as follows:
FINDINGS OF FACT
l.
A notice of a public hearing on the conditional use permit was
published for two (2) consecutive weeks prior to the said p¡¡blic hearing scheduled for
June 15, 1999, before the City Council, the first publication appearing and written
notice having been mailed to property owners or p¡¡rchasers of record within three
hundred (300') feet of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public hearings
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 said J¡¡ne 15, 1999, public hearing; and the
Applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
opport¡¡nity to express comments and s¡¡bmit evidence.
2.
There has been compliance with all notice and hearing
req¡¡irements set forth in Idaho Code §§67-6509 and 67-6512; and §§1l-2-416E and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 3
II ~2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of P¡¡blication
and Proof of Posting filed with the staff report.
3.
Council takes j¡¡dicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title II Ml!nicipal 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 - January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Bol!ndary Ordinance and Map.
4.
The property is located at 4200 Talamore Blvd., which is located
west of Ten Mile Road and north of Cherry Lane, adjacent to the intersection of W.
Harbor Pointe Drive and W. Talamore Blvd., Meridian, Idaho.
5.
The Owner of record of the subject property is the City of
Meridian, and the Applicant is the lease holder of the property by that certain
"Agreement of Lease entered into by the City of Meridian and Cherry Lane Recreation,
Inc., an Idaho corporation, dated the 3rd day of October, 1978."
6.
Applicant is Cherry Lane Recreation, Inc. of 2070 Interlachen
Way, Meridian, Idaho.
7.
The subject property is currently zoned Low Density Residential
(R-4). The zoning district of Low Density Residential (R-4) is defined within the City
of Meridian Zoning and Development Ordinance, Section 11-2-408(3).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBjECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 4
8.
The proposed application requests a conditional use permit for
construction and development of a golf course clubhouse, parking lot and temporary
clubhouse. The Low Density Residential (R-4) zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-2-409).
9.
Due to the fact that the subject property is an existing golf course,
and the present temporary clubhouse is a non-conforming use in the zone, and due to
the fact that the requested use is a non-conforming use, the uses proposed within the
subject application will in fact, constitute a conditional use as provided in §§ 11-2-406
E 2 and 11-2-406 F of the City of Meridian Municipal Code.
10.
Concerns raised by two persons who testified at the hearing, and
who reside near the proposed clubhouse, centered upon two (2) issues. One witness
had concerns about parties and loud music past the hour of 10:00 o'clock p.m., and the
other was concerned about the increase of potential traffic on W. Harbor Pointe Drive.
II.
The Council finds that the lease agreement, ""Agreement of
Lease" entered into by the City of Meridian and Cherry Lane Recreation, Inc., an
Idaho corporation, dated the 3m of October, 1978", which it takes judicial notice of its
own records does not specify other than a general provision at section 12 therein
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 5
requiring compliance with the law. A restriction of clubhouse operations to not
proceed past II :00 o'clock p.m. is reasonable and would address the concerns raised
regarding the potential for clubhouse activities to impact neighboring properties.
12.
The Council finds that the traffic access for ingress and egress
from the site would not unduly burden any of the roads and streets in the vicinity of
the proposed conditional use.
13.
The Planning and Zoning Administrator, Shari Stiles, reported
that given the requirements of the City's ordinances, and the need for pedestrian access
in this residential and recreational area, there should be included in the special
conditions "Site Specific Comments" No.7, which provides "Construct five-foot-wide
sidewalks along the entire frontages ofW. Talamore Drive andW. Harbor Pointe
Drive". Applicant did not oppose the condition other than to state there may be
arrangements with other developers in the area to insure the completion of that
condition.
14.
There is concern on the part of those who have offered testimony
in support and in opposition to limit the time for the use of the temporary clubhouse,
and there is concern also that the conditional use permit is immediately needed
because the Applicant's present temporary clubhouse must be moved from its present
location by July I, 1999. Testimony was offered by Doug Campbell, representing
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBjECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 6
Steiner Development, LLC, that they would work with the Applicant to allow some
additional time to move the temporary clubhouse, so long as the conditional use permit
is granted before the I st of July, 1999, and this matter is moving forward.
15.
The application is in compliance with the Comprehensive Plan of
the City of Meridian as follows:
15.1 Meridian Comprehensive Plan Generalized Land Use Map
Infrastructure Planning Analysis Comprehensive Plan and Map
adopted on December 21 ,1993, designates the subject property as
Existing Urban; and
15.2 Goals of the Comprehensive Plan at page 5 thereof numbers 3, 5
and 6; and
15.3 Public Services, Utilities and Energy Resources at page 35 "Golf
Services" provides: "This is a leased facility. The Cherry Lane
Municipal Golf Course is a well designed nine-hole course that
attracts golf enthusiasts from throughout the Valley. The staff
includes a golf professional and greens keeper. A clubhouse will be
built in the near future to accommodate increased user demand
and golf-related services to the comml!nity"; and
15.4 Table 2 Future Needs at page 37 l!nder heading "Golf Course";
and
15.5 Open Space, Parks and Recreation "Recreation Goal Statement"
policies, number 1.1 at page 59.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBjECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 7
CONCLUSIONS OF LAW
l.
Idaho Code § 67-6512 provides in part that:
(A)
(B)
(C)
4)
5)
As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use permits; and
That a special use permit may be granted to an applicant if
the proposed use is otherwise prohibited by the terms of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plan; and
That upon the granting of a special use permit, conditions
may be attached to a special use permit, including, but not
limited to, those:
I)
Minimizing adverse impact on other development;
2)
Controlling the seq¡¡ence and timing of development;
3)
Controlling the duration of development;
Assuring that development is maintained properly;
Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally req¡¡ired in
an ordinance; requiring mitigation of effects of the
proposed development ¡¡pon service delivery by any
political s¡¡bdivision, including school districts,
providing services within the planning jurisdiction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 8
2.
The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of § 11-2-418
Municipal Code.
3.
The City of Meridian in its Municipal Code at § 11-2-406 E 2 and
§ 11-2-406 F has provided in part as follows:
2-406 E 2 NON-CONFORMING USES OF STRUCTURES OR OF
STRUCTURES AND LAND IN COMBINATION:
A non-conforming ¡¡se shall be extended to occupy any additional land
area only as an application shall be submitted to the Commission and in
accordance with the Conditional Use procedures of Section 2-418 of this
Ordinance.
2-406 F REPAIRS AND MAINTENANCE:
On any non-conforming structure, or portion of a structure containing a
non-conforming use, work may be done on ordinary repairs, or on repair
or replacement of non-bearing walls, fIXtures, wiring or plumbing. The
existing cubic content of a non-conforming non-conforming structure or
portion of a structure containing a non-conforming use shall not be
increased before an application shall be submitted to the commission and
in accord with the Conditional Use procedures of Section 2-418 of this
Ordinance.
4.
Idaho Code § 67-6504 provides that the City Council may exercise
all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which
Act is known as the "Local Land Use Planning Act of 1975."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 9
5.
The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, which
provides in part:
5.1
5.2
5.3
5.4
5.5
Meridian Comprehensive Plan Generalized Land Use Map
Infrastructure Planning Analysis Comprehensive Plan and Map
adopted on December 21 ,1993, designates the subject property as
Existing Urban; and
Goals of the Comprehensive Plan at page 5 thereof numbers 3, 5
and 6; and
Public Services, Utilities and Energy Resources at page 35 "Golf
Services" provides: "This is a leased facility. The Cherry Lane
Municipal Golf Course is a well designed nine-hole course that
attracts golf enthusiasts from throughout the Valley. The staff
includes a golf professional and greens keeper. A clubhouse will be
built in the near future to accommodate increased ¡¡ser demand
and golf-related services to the comml!nity"; and
Table 2 F¡¡ture Needs at page 37 l!nder heading "Golf Course";
and
Open Space, Parks and Recreation "Recreation Goal Statement"
policies, number 1.1 at page 59.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBjECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 10
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.
The Applicant is granted a conditional ¡¡se permit for the
construction of a golf course clubhouse and parking lot to be ¡¡sed in the customary
manner of the use of such facilities and construction shall be in accordance with the
submitted plans entitled "New Proposed Clubhouse for Cherry Lane Golf Course,
Meridian, Idaho, by Architecture Northwest, PA., Randall C. Haverfield Licensed
Architect, AR 1372, which plans designate Job No. 9918 dated 5-18-99, and which
plans include Site, Light and Parking Lot plans, and to place upon the Sl!bject site as
indicated on the said site, light and parking lot plans a temporary clubhouse, all of
which is subject to the following terms and conditions:
1.1
Any existing irrigation/drainage ditches crossing or adjacent to the
property shall be tiled per City Ordinance Il-9-605.M. The
ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district,
or lateral users' association, with written confirmation of said
approval submitted to the Public Works Department.
1.2
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - I I
1.5
1.6
1.7
1.8
1.9
City Ordinance Section 5- 7 -5 17. Wells may be ¡¡sed for non-
domestic purposes such as landscape irrigation.
1.3
Off-street parking shall be provided in accordance vvith Section II-
2-414 of the City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific reqwrements.
1.4
Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-4l4.D.5 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 reqwred and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-14.D.3.
All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage or flashing signs
will be permitted.
Applicant shall construct five-foot-wide sidewalks in accordance
with City Ordinance Section 11-9-606.B.ll. along the entire
frontages ofW. Talamore Drive and W. Harbor Pointe Drive.
All construction shall conform to the requirements of the
Americans with Disabilities Act.
1.10 Applicant shall provide a revised site plan detailing all existing and
proposed utilities for review by the Meridian Public Works
Department. Designer shall coordinate sizing and routing of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBjECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 12
sanitary sewer and water within the development with the Public
Works Department.
1.11
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 shall be
monitored with the Meridian Water Department to determine
whether adequate fire protection exists.
1.12 Applicant shall be reqwred to enter into an Assessment Agreement
with the City of Meridian. In addition to these assessments, "Late
Comers" fees may also be charged against this parcel to help
reimburse the parties responsible for installing mains to their
current points.
1.13 Based on asphalt square footage of 66,850, a total of 45 three-inch
caliper trees are required for the project. Due to the issue of
buffering of adjacent properties, trees in addition to the reqwred
three-inch caliper trees should be provided. Three-inch Norway
Spruce trees will not be approved in the COl!nt of required three-
inch caliper trees. Any conifers provided shall be a minimum of 6'-
8' in height. Staff reqwres that three-inch caliper trees be provided
at 35 feet on center along W. Talamore Drive and W. Harbor
Pointe Drive, as well as within parking lot planting beds. Provide
detailed landscape plan for review and approval.
1.14 Shall review lighting plans with the City of Meridian to ensure
adjacent residential properties and the traveling public are not
impacted by glare.
1.15 Signage shall be limited to one low-profile monument type sign
near the intersection ofW. Talamore Drive and W. Harbor Pointe
Drive. Sign shall be placed outside of sight triangle. Detailed
signage plans will be subject to design review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INC. - 13
1.16 Coordinate locations and construction requirements of trash
enclosure with Sanitary Services, Inc., and provide a letter of
approval from their office prior to applying for building permits.
1.17 Handicapped accessible parking spaces and associated signage shall
be constructed in accordance with the An1ericans with Disabilities
Act.
1.18 Applicant shall provide a letter of approval from Nampa-Meridian
Irrigation District for trees shown within their easement for the
Eight Mile Lateral.
1.19 Certificates of Zoning Compliance and Occupancy must be issued
prior to any use of the property.
1.20 The temporary clubhouse shall be used for a period not to exceed
seven (7) months from the date of this order. Prior to moving of
the temporary clubhouse, a letter of credit or cash shall be received
by the City of Meridian as a guarantee for completion of the
permanent clubhouse and parking lot in the amount of Five
Hundred Thousand and No/IOOths ($500,000.00) Dollars.
1.21 The basement of the bwlding shall be provided with a fire sprinlder
system in conformance with the Uniform Fire Code.
1.22 Additional water hydrants shall be installed and operational prior
to any construction.
1.23 Applicants shall satisfy all fire code requirements.
1.24 Run-off is not to create a mosquito breeding problem.
1.25 Stormwater shall be pretreated through a grassy $Wale prior to
discl1arge to the subsurface to prevent impact to groundwater and
surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 14
. ,
1.26 The Engineers and arcl1itects involved witl1 the design of the
subject project shall obtain current best management practices for
stormwater disposal and design a stormwater management system
that prevents grol!ndwater and surface water degradation.
1.27 Applicant shall submit plans for a food establishment review.
1.28 Applicant shall submit a Land Use Change/Site Development
application for review prior to final platting.
1.29 Requires all laterals and wasteways be protected.
1.30 All municipal surface drainage shall be retained on site.
1.31 If any surface drainage leaves the site, the Nampa & Meridian
Irrigation District must review drainage plans.
1.32 The Developer must contact tl1e Nampa & Meridian Irrigation
District for approval before any encroachment or change of right-
of-way occurs.
1.33 Developer must comply with Idaho Code §31-3805.
1.34 The clubhouse shall not be operated other than for maintenance
past 1l:00 o'clocl(p.m.
2.
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 tl1e applicant, tl1e Planning and
Zoning Department, the Public Works Department and any affected party requested
notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBjECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - IS
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 whicl1 may be adversely affected by the issuance or
denial of the conditional use permit may within twenty-eight (28) days after the date
of tl1is decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idal1O Code.
By action of the City Co¡¡ncil at its regular meeting held on June 15, 1999.
ROLL CALL
COUNCILMAN ANDERSON
VOTED ~~
COUNCILMAN BENTLEY
VOTED ß6~
COUNCILMAN BIRD
VOTED-%--'::--
COUNCILMAN ROUNTREE
VOTED ~~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 6-22--tf9'
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 16
MOTION:
APPROVED: ~-
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
BY.J/ JL þ ~/þ
City Clerk .
Dated:
msglZIWorklMlMeridian I 5360M\Cherry u.ne Golf Course CUP\CUPDecOrd,[cs
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
CHERRY LANE RECREATION, INc. - 17
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