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HomeMy WebLinkAboutHeritage Commons CUP 02-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/21/02 Revised 06/05/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PUD FOR SINGLE FAMILY RESIDENTIAL DWELLINGS, PRIVATE OPEN SPACE WITH CLUB HOUSE, GAZEBOS, PARKS AND NEIGHBORHOOD SCALED COMMERCIAL SITE FOR THE PROPOSED HERITAGE COMMONS IN AN R-8 ZONE LOCATED ON THE WEST SIDE OF N. LOCUST GROVE ROAD BETWEEN E. USTICK ROAD AND E. MCMILLAN ROAD, MERIDIAN, IDAHO BRIGHTON CORPORATION, APPLICANT Case No. CUP-02-007 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 May 21, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and David Tumbull, Beverly Donahue, Joe Silva- Fire Marshall, Mike Wardle, Gary Smith - Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public heating scheduled for May 21, 2002, 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 extemal boundaries of the property under consideration more than fifteen (15) days prior to said heating 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 May 21, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code {}67-6509, 6512, and Meridian City Code §{} 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT Ada County zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 City Council on this application. 4. The property is located on the west side of N. Locust Grove Road between E. Ustick Road and E. McMillan Road, Meridian, Idaho. The owner of record of the subject property is Eugene Quenzer of Meridian, Idaho. 6. 7. Applicant is Brighton Corporation of Boise, Idaho. The subject property is currently zoned RUT Ada County. There is however an application for annexation and zoning to R-8 before the City Council. 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 planned development of single family dwellings, private open space with clubhouse, gazebo, parks, neighborhood scaled commercial site, and specific residential and commercial setback standards for proposed Hertiage Commons. The R-8 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 11-8-1). 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. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant has proposed three specific site plans identifying traffic circulation patterns, lot layout, and building locations. The Heritage Commons Commercial site shall be in conformance with one of the three submitted site plans. The following uses shall be permitted outright in the Heritage Commons Commercial Site Planned Development: Health Care Facilities - Clinic/Medical - Dental - Doctor's Office - Pharmacy - Optical Shop Office Retail -Bank - Dining and other food / beverage related uSes - Personal services - Retail store - Restaurant Service related to the neighborhood not identified above, but determined by the Planning Director to be of an appropriate size and scale for this location. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 The following uses will always require a CLIP in the Heritage Commons Commercial Site Planned Development: Child Care Facilities Drive-through Facilities Drive through windows will not be permitted for fast food restaurant or related food services at this location" o The Applicant is proposing a Community Center on Lot 1, Block 23 and a gazebo on Lot 1, Block 9. However, no plot plan of the lots was provided nor when the structures will be constructed. The Applicant shall state during which phase of the subdivision the community center and gazebo will be constructed and a time, to be agreed upon by the City, included in the Development Agreement. The community center shall be constructed and receive a C.O. prior to 50% of the subdivision's residential lots receiving final occupancy. A plot plan of the lot shall be submitted with a future Certificate of Zoning Compliance application for the structure. The swimming pool shall be fenced. The gazebo and improvement of Lot 1, Block 9 should occur prior to final occupancy of any lots within that phase. In the event of weather restriction, the applicant shall be allowed to bond for all required common area improvements, including landscaping, the community center and gazebo, prior to final occupancy of any unit. In that case, improvements shall be made as weather permits. As specified in paragraph 2 above, all office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. o Applicant shall submit an open space calculations breakdown, listing which lots were included in the open space calculation shown on the face of the preliminary plat. Open space must exclude all required street buffers. 6. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 7. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. o A sales and information trailer for Heritage Commons is approved with the following conditions: a. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. b. SanitarY sewer service and domestic water service may be requested for the proposed use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. c. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. d. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. e. The trailer must not be placed anywhere within this front setback of the lot, and must conform with all setbacks as set forth in the Heritage Commons conditional use permit and preliminary plat. f. No off-street parking to serve the temporary trailer is proposed. The on-street parking will need to be Closely monitored by Brighton Corporation and the City. No obstruction of a public right-of-way is permitted. g. Landscaping is required within the front setback area of the lot. The area of the lot behind the trailer must be kept free from weeds or other potential fire hazards at all times. h. The timeframe for the sales and information trailer is for a period of 48 months. If Brighton Corporation requires an extension of this permitted period, Staff recommends they submit a status of their plans to the P&Z Department after 48 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 60 months via a modification of the CUP. This timeframe will apply to a single lot, not a combination of all future lots for the trailer use. i. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Heritage Commons phases is approved without a CUP modification. A new site plan and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. Additionally, all the Recommendations of ACHD, Central District Health, the Fire Department, and Sanitary Services, applying to the Annexation and Zoning and the request for Preliminary Plat also apply to this application. Comply with the action of the City Council from their May 21, 2002 meeting as follows: 10.Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 11.The applicant shall supply staff with the Site Plans that were presented through the Power Point presentation at the Council meeting held on May 21, 2002, and said Site Plans shall be attached to these Findings as Exhibit "A" (3 pages). 12.The applicant shall supply a list of uses for the conditional use with the Site Plan, and as long as the uses are allowed, the Applicant will not have to go through another conditional use permit process as long as the uses fit the lists above in paragraph 2 of the conditions. 13. The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use, it is found that the office/commercial uses are strongly related to the primary use of the development (R-8), assuming the future uses are as proposed in the application. The uses will provide services (medical, dental, optical, neighborhood retail, etc.) that will be complementary to the residents of the subdivision, and it may provide employment opportunities as well. 14. No more than twenty percent (20%) of the total area of the project shall be devoted to the uses permitted by the exceptions. The percentage of use exception allowed will be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions, it is found that the office/commercial uses are approximately 5.1% of the total area of land included in the planned development. It is also found that the size and intensity of the excepted uses is appropriate for this location and size of development, especially given the Charter High School across the street and meeting the needs of future students. 15. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportiOnate amount of the principal or primary use or uses, it is found that until a phasing plan is submitted, this is unable to be determined. However, the developer has stated that the offiCe/commercial construction will occur after the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 principal use, residential, is well underway. 16. The uses permitted by the exception are integrated into the overall project by: a. Being located in proximity to and within convenient walking distance of the primary uses: it is found that the office/commercial uses will be within convenient walking distance of the private park and the majority of the future residents. No resident will be more than ½ mile from the uses permitted by the exception. b. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways, it is found that the site design incorporates interconnectivity through shared vehicular access points. c. Providing pedestrian and bicycle pathway connections with the primary use site, it is found that pedestrian and bicycle connections are available to the office/commerical area via sidewalks and short block lengths. The applicant could provide a path between Lots 12 and 14, Block 3 to better connect the two uses, but the 550 foot long block is not unreasonable, even without the pedestrian conneciton. d. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site, it is found that the excepted uses are located in a manner that will facilitate vehicular access fi:om the residential uses. e. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development, it is found that the landscaping and proposed building elevations of the commercial complex, gazebo and community center are consistent throughout the development. However, the commercial building elevation (which staff supports) does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 not appear to match the conceptual site plan for the commercial area (which staff does not support). Applicant should clarify the discrepancy. 17. The use(s) permitted by the exception are neighborhood or community serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character, it is found that the office/commercial use is not regional in size or character. 18. It is found that the subject property is large enough to accommodate the requested use and all other required features. 19. The current Comprenhensive Plan Land Use Map designates the property as Single Family Residential. The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. 20. It is found that there is a potential for the proposed E. Herons Crossing Drive to conflict with the three (3) existing property owners to the north. The water main shown on the neighboring property will need to be relocated in order to comply with this finding. Construction of the street and houses along the north boundary will need to take caution to contain debris and mitigate any fugitive dust. Additionally, it could be argued that the proposed number of dwelling units at thesouthwest comer of the subdivision do not provide a transition for the larger, estate- size Weaver Acres and Patrick Subdivision residents. However, Heritage Commons is consistent with the intended character of this area and staff typically does not consider single-family residential adjacent to single-family residential to be incompatible uses, regardless of lot size. 21. It is not anticipated that the proposed project will have an adverse impact on the surrounding property, however, testimony has been taken into account. 22. It is found that the proposed development can be adequately served by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 essential public facilities and services listed above. 23. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 24. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. Standard construction containment practices must be observed. 25. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. The ACHD report should be referred to for any additional information concerning this finding. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditoinal use. 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 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 heating and notice provision required, provide for the process of special and/or conditional use permits which a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 District (R-8), a public heating shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and heating 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 heating which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive 'reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: Ao B. C. D. Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 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 development of single family dwellings, private open space with clubhouse, gazebo, parks, neighborhood scaled commercial site, and specific residential and commercial setback standards for proposed Heritage Commons in an R-8 zone located on the west side of N. Locust Grove Road between E. Ustick Road and E. McMillan Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant has proposed three specific site plans identifying traffic circulation patterns, lot layout, and building locations. The Heritage Commons Commercial site shall be in conformance with one of the three submitted site plans. The following uses shall be permitted outright in the Heritage Commons Commercial Site Planned DeVelopment: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Health Care Facilities - Clinic/Medical - Dental - Doctor's Office - Pharmacy - Optical Shop Office Retail -Bank - Dining and other food / beverage related uses - Personal services - Retail store - Restaurant Service related to the nei~,hborhood, not identified above but determined by the Planning Director to be of an appropriate size and scale for this location. The following uses will always require a CLIP in the Heritage Commons Commercial Site Planned Development: Child Care Facilities Drive-through Facilities Drive through windows will not be permitted for fast food restaurant or related food services at this location" The Applicant is proposing a Community Center on Lot 1, Block 23 and a gazebo on Lot 1, Block 9. However, no plot plan of the lots was provided nor when the structures will be constructed. The Applicant shall state during which phase of the subdivision the community center and gazebo will be constructed and a time, to be agreed upon by the City, included in the Development Agreement. The community center shall be constructed and receive a C.O. prior to 50% of the subdivision's residential lots receiving final occupancy. A plot plan of the lot shall be submitted with a future Certificate of Zoning Compliance application for the structure. The swimming pool shall be fenced. The gazebo and improvement of Lot 1, Block 9 should occur prior to final occupancy of any lots within that phase. In the event of weather restriction, the applicant shall be allowed to bond for all required common area improvements, including landscaping, the community center and gazebo, prior to final occupancy of any unit. In that case, improvements shall be made as weather permits. As specified in paragraph 2 above, all office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. Applicant shall submit an open space calculations breakdown, listing which lots were included in the open space calculation shown on the face of the preliminary plat. Open space must exclude FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 o all required street buffers. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. A sales and information trailer for Heritage Commons is approved with the following conditions: a. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. b. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. c. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. d. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. e. The trailer must not be placed anywhere within this front setback of the lot, and must conform with all setbacks as set forth in the Heritage Commons conditional use permit and preliminary plat. f. No off-street parking to serve the temporary trailer is proposed. The on-street parking will need to be closely monitored by Brighton Corporation and the City. No obstruction of a public right-of-way is permitted. g. Landscaping is required within the front setback area of the lot. The area of the lot behind the trailer must be kept free from weeds or other potential fire hazards at all times. h. The timeframe for the sales and information trailer is for a period of 48 months. If Brighton Corporation requires an extension of this permitted period, Staff recommends they submit a status of their plans to the P&Z Department after 48 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 60 months via a modification of the CUP. This timeframe will apply to a single lot, not a combination of all future lots for the trailer use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 i. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Heritage Commons phases is approved without a CUP modification. A new site plan and building permit for all future trailer locations must be submitted to the City for each future location, but a CLIP should not be required for each future trailer location. Additionally, all the Recommendations of ACHD, Central District Health, the Fire Department, and Sanitary Services, applying to the Annexation and Zoning and the request for Preliminary Plat also apply to this application: Comply with the action of the City Council from their May 21, 2002 meeting as follows: 10.Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACI-ID and shall faithfully perform the terms of such agreement or agreements. 11.The applicant shall supply staffwith the Site Plans that were presented through the Power Point presentation at the Council meeting held on May 21, 2002, and said Site Plans shall be attached to these Findings as Exhibit "A" (3 pages). 12.The applicant shall supply a list of uses for the conditional use with the Site Plan, and as long as the uses are allowed, the Applicant will not have to go through another conditional use permit process as long as the uses fit the lists above in paragraph 2 of the conditions. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 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 ROLL CALL: ,2002. COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: day of VOTED MOTION: ]~ APPROVED:. J DISAPPROVED: - ' .~tttlllltllllt. ,,,,'.":; Copy served upon Ap.p licant, Planning and Zoning Department, Public Works Department and the C~ty Attorney. Z:\Work~M~vleridian~Meridian 15360Mhqeritage Commons AZ02-006 PP02-007 CUP02-007~FfClsCUP02-007.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/21/02 Revised 06/05/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PUD FOR ) SINGLE FAMILY RESIDENTIAL ) DWELLINGS, PRIVATE OPEN ) SPACE WITH CLUB HOUSE, ) GAZEBOS, PARKS AND ) NEIGHBORHOOD SCALED ) COMMERCIAL SITE FOR THE ) PROPOSED HERITAGE ) COMMONS IN AN R-8 ZONE ) LOCATED ON THE WEST SIDE OF ) N. LOCUST GROVE ROAD ) BETWEEN E. USTICK ROAD AND ) E. MCMILLAN ROAD, MERIDIAN, ) IOAHO ) ) ) ) ) ) BRIGHTON CORPORATION, APPLICANT Case No. CUP-02-007 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the May 21, 2002, 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 planned development of single family dwellings, private open space with clubhouse, gazebo, parks, neighborhood scaled commercial site, and specific residential and commercial setback standards ORDER CONDITIONAL USE PERMIT (CUP-02-007) -1 for proposed Heritage Commons in an R-8 zone located on the west side of N. Locust Grove Road between E. Ustick Road and E. McMillan Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. The Applicant has proposed three specific site plans identifying traffic circulation patterns, lot layout, and building locations. The Heritage Commons Commercial site shall be in conformance with one of the three submitted site plans. The following uses shall be permitted outright in the Heritage Commons Commercial Site Planned Development: Health Care Facilities - Clinic/Medical - Dental - Doctor's Office - Pharmacy - Optical Shop Office Retail -Bank - Dining and other food / beverage related uses - Personal services - Retail store - Restaurant Service related to the neighborhood, not identified above, but determined by the Planning Director to be of an appropriate size and scale for this location. The following uses will always require a CUP in the Heritage Commons Commercial Site Planned Development: Child Care Facilities Drive-through Facilities Drive through windows will not be permitted for fast food restaurant or related food services at this location." The Applicant is proposing a Community Center on Lot 1, Block 23 and a gazebo on Lot 1, Block 9. However, no plot plan of the lots was provided nor when the structures will be ORDER CONDITIONAL USE PERMIT (CUP-02.007) -2 o constructed. The Applicant shall state during which phase of the subdivision the community center and gazebo will be constructed and a time, to be agreed upon by the City, included in the Development Agreement. The community center shall be constructed and receive a C.O. prior to 50% of the subdivision's residential lots receiving final occupancy. A plot plan of the lot shall be submitted with a future Certificate of Zoning Compliance application for the structure. The swimming pool shall be fenced. The gazebo and improvement of Lot 1, Block 9 should occur prior to final occupancy of any lots within that phase. In the event of weather restriction, the applicant shall be allowed to bond for all required common area improvements, including landscaping, the community center and gazebo, prior to final occupancy of any unit In that case, improvements shall be made as weather permits. As specified in pargarph 2 above, all office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. Applicant shall submit an open space calculations breakdown, listing which lots were included in the open space calculation shown on the face of the preliminary plat. Open space must exclude all required street buffers. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. A sales and information trailer for Heritage Commons is approved with the following conditions: a. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. b. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. c. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. d. Applicant must provide the Public Works and Fire Departments with information on the ORDER CONDITIONAL USE PERMIT (CUP-02-007) -3 method of fire protection to be used for the trailer. e. The trailer must not be placed anywhere within this front setback of the lot, and must conform with all setbacks as set forth in the Heritage Commons conditional use permit and preliminary plat. f. No off-street parking to serve the temporary trailer is proposed. The on-street parking will need to be closely monitored by Brighton Corporation and the City. No obstruction of a public right-of-way is permitted. g. Landscaping is required within the front setback area of the lot. The area of the lot behind the trailer must be kept free from weeds or other potential fire hazards at all times. h. The timeframe for the sales and information trailer is for a period of 48 months. If Brighton Corporation requires an extension of this permitted period, Staff recommends they submit a status of their plans to the P&Z Department after 48 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 60 months via a modification of the CLIP. This timeframe will apply to a single lot, not a combination of all future lots for the trailer use. i. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Heritage Commons phases is approved without a CUP modification. A new site plan and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. Additionally, all the Recommendations of ACHD, Central District Health, the Fire Department, and Sanitary Services, applying to the Annexation and Zoning and the request for Preliminary Plat also apply to this application. Comply with the action of the City Council from their May 21, 2002 meeting as follows: 10.Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 11.The applicant shall supply staffwith the Site Plans that were presented through the Power Point presentation at the Council meeting held on May 21, 2002, and said Site Plans shall be attached to these Findings as Exhibit "A" (3 pages). 12.The applicant shall supply a list of uses for the conditional use with the Site Plan, and as long as the uses are allowed, the Applicant will not have to go through another conditional use permit process as long as the uses fit the lists above in paragraph 2 of the conditions. ORDER CONDITIONAL USE PERMIT (CUP-02-007) -4 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. By action of the City Council at its regular meeting held on the ,2002. Robe['t D. Corrie, Mayor City of Meridian day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. % eo,,,~r~, x~ Z:XWork~efidian~efidian 15360M~efi~ge Comons AZ02-006 PP02-007 C~02~07XOrderC~.doc ORDER CONDITIONAL USE PERMIT (CUP-02-007) -5