RecommendationBEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP-02-041
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A PLANNED ) RECOMMENDATION TO CITY
DEVELOPMENT IN R-40 & C-C ) COUNCIL
ZONES )
WARDLE & ASSOCIATES,
Applicant
The property is located on the west side of N. Locust Grove Road, 1/4 mile south of E.
Fairview Ave., Meridian.
2. The owner of record of the subject property is L. C. Development, Inc., P.O. Box 518,
Meridian, Idaho 83642.
Applicant is Jonathan Wardle, Wardle & Associates, 50 Broadway Ave., Suite B, Boise,
Idaho 83702.
4. The subject property is currently zoned R-40 & C-C. The zoning districts of R-40 & C-C
are defined within the City of Meridian Zoning and Development Ordinance, Section 1I-
7-2.
5. The Applicant requests the Conditional Use Permit for a Planned Development in an
R-40 & C-C zone. A Planned Development within the City of Meridian Zoning and
Development Ordinance requires a Conditional Use Permit be obtained for that use.
6. The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
The Planning and Zoning Commission recognized the concerns of Wendel Bigham, Joint
School District No. 2, expressed in his letter dated November 4, 2002.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR LOCUST
GROVE PLACE SUBDIVISION BY WARDLE & ASSOCIATES — CUP-02-041 Page I
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City Council
of the City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, subject to the following:
A. Adopt the Recommendations of the Planning & Zoning Commission as follows:
1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the
L-O zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O
zone will require a new conditional use permit.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Permit)
1. Applicant shall meet all of the requirements of the preliminary plat as a condition
of the Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the
Fair Housing Act.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road
abutting the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling
the final plat for signature by the ACHD Commission or prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of-way dedication after receipt of all requested material. The owner
will be paid the fair market value of the right-of-way dedicated which is an addition to
existing ACHD right-of-way if the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect
at that time (currently Ordinance #196), if funds are available.
2. Either provide an $8,800.00 Public Right's -of -Way Road Trust deposit for the
construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior
to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot
wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk
shall be located 2-feet within the new right-of-way and at the correct vertical difference
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR LOCUST
GROVE PLACE SUBDIVISION BY WARDLE & ASSOCIATES — CUP-02-041 Page 2
from the center of the road (see District staff). Coordinate the location and design of the
sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of
the right-of-way, the applicant must provide an easement.
3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet
north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet
wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road
and install pavement tapers with 15-foot radii abutting the existing roadway edge. The
applicant shall provide a plan showing how the private road grade meets the public road.
District Policy requires a design approach speed of 20 MPH and a maximum intersection
approach grade of 2% for at least 40-feet.
4. Construct Locust View Street to intersect Locust Grove Road approximately 100-
feet south of the north property line, as proposed. Pave Locust View Street a minimum of
24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust
Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge. The applicant shall provide a plan showing how the private road grade meets the
public road. District Policy requires a design approach speed of 20 MPH and a maximum
intersection approach grade of 2% for at least 40-feet.
5. The applicant shall provide the District with a copy of a recorded cross access
easement for the parcels within the development to use the private roads within the
development for access to the public street system.
6. Other than the private streets approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR LOCUST
GROVE PLACE SUBDIVISION BY WARDLE & ASSOCIATES — CUP-02-041 Page 3
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval
for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire -flow of 1,000 gallons per minute shall be available for duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III -A
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR LOCUST
GROVE PLACE SUBDIVISION BY WARDLE & ASSOCIATES — CUP-02-041 Page 4
4"
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. An approved turn -around is required for any dead -ends over 150' in the commercial
area.
8. On street parking shall be restricted to one side on all streets to provide a minimum of a
20' clear driving surface available at all times.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR LOCUST
GROVE PLACE SUBDIVISION BY WARDLE & ASSOCIATES — CUP-02-041 Page 5