HomeMy WebLinkAboutValeri Heights Subdivision CUP-00-014
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
GOLD RIVER COMPANIES, INc., FORA)
CONDITIONAL USE PERMIT FOR MULTI- )
FAMILY TOWNHOUSE/OFFICE VALERI)
HEIGHTS SUBDIVISION ZONED R-15 AND )
L-O LOCATED AT THE NORTHEAST CORNER)
OF W. PINE STREET AND S. TEN MILE ROAD)
MERIDIAN, IDAHO )
)
Revised CJC 10-08-00
CASE NO. CUP-OO.O14
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
. \'
This matter coming before the City Council on the 5'h day of September,
2000, 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:
1. That the Applicant of the property is granted a conditional use permit for a
multi-family townhouse/office Valeri Heights Subdivision, the proposed application
request of a conditional use permit for the construction, development, maintenance
and use for a multi-family townhouse/office Valeri Heights Subdivision, as described
in the "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21
2000 CITY OF MERIDIAN CITY CLERK OFFICE, Drawn By: DAB, Checked By:
David A. Bailey, P.E., Project No. C9913, Sheet PP-l, for Valeri Heights Planned
Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold
River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION", for the
development of the aforementioned planned commercial development for a
commercial development consisting of a multi-family townhouse/office Valeri Heights
Subdivision and which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 14
BY GOLD RIVER COMPANIES, INC / CUP-OO-OI4
(RoI5) Medium High Residential District:
A parcel ofland situated in a portion ofthe S 1/2 of the NW1/4 of Section 11 T.3N.,
R. 1 W., B.M., Ada County, Idaho and being particularly described as follows:
Commencing at a brass cap marking the W 1/4 comer of said Section II, thence
along the West line of said NW 1/4 N 00°25'27" E a distance of 460.09 feet to a
point from which a brass cap marking the NW comer of said Section bears N
00°25'27" E a distance of 2196.33 feet said point being the POINT OF
BEGINNING;
Thence continuing along said Section line N 00°25'27" E a distance of 239.80 feet to
a 5/8 inch rebar;
Thence leaving said Section S 87°35'23" E a distance of 507.94 feet to a 5/8 inch
rebar;
Thence N 80°40'45" E a distance of 344.45 feet to a point;
Thence S 61 °0 1'2 7" E a distance of 14.33 feet to a point;
Thence S 00°49'03" W a distance of 739.62 feet to a 5/8 inch rebar;
Thence along the South line of said NWI/4 N 89°10'57" W a distance of 485.79 feet
to a point;
Thence leaving said Section line N 00°49'03" E a distance of 86.04 feet to a point;
Thence along the arc of a curve to the right having a radius of 100.00 feet, a central
angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing
NIl °51'28" E to a point;
Thence N 22°53'52" E a distance of 51.44 feet to a point;
Thence N 67°06'08" W a distance of 43.08 feet to a point;
Thence N 89°10'57" W a distance of 156.38 feet to a point;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 14
BY GOLD RIVER COMPANIES, INC. / CUP-OO-OI4
Thence N 00°25'27" E a distance of 273.96 feet to a point;
Thence N 89°34'33" W a distance of 200.50 feet to the POINT OF BEGINNING.
Said parcel contains 10.96 acres more or less and is subject to all existing easements
and rights-of-way of record or implied.
and
(L.a) Limited Office District:
A parcel ofland situated in a portion of the S V2 of the NW 1/4 of Section 11, T.
3N., R. IW., B.M., Ada County, Idaho and being particularly described as follows:
BEGINNING at a brass cap marking the W 1/4 comer of said Section, thence along
the West line of said NWI/4 N 00°25'27" E a distance of 460.09 feet to a point from
which a brass cap marking the NW corner of said Section bears N 00°25'27" E a
distance of 2196.33 feet;
Thence leaving said Section line S 89°34'33" E a distance of 200.50 feet to a point;
Thence S 0°25'27" W a distance of 273.96 feet to a point;
Thence S 89°10'57" E a distance of 156.38 feet to a point;
Thence S 6r06'08" E a distance of 43.08 feet to a point;
Thence S 22°53'52" W a distance of 51.44 feet to a point;
Thence along the arc of a curve to the left having a radius of 100.00 feet, a central
angle of 22°04'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing
S II °51'28" W to a point;
Thence S 0°49'03" W a distance of 86.04 feet to a point;
Thence along the South line of said NWI/4 N 89°10'57" W a distance of 368.85 feet
to the POINT OF BEGINNING.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 14
BY GOLD RIVER COMPANIES, INC. / CUP-OO-O14
Said parcel contains 2.87 acres more or less and is subject to all existing easements
and rights-of-way of record or implied.
2. That the above named applicant is granted a conditional use permit for a multi-
family townhouse/office Valeri Heights Subdivision, located at the Meridian, Idaho,
subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
A PD shall be allowed only as a Conditional Use in each district subject to the
standards and procedures set forth in this Section. A PD shall be governed by the
regulations of the district or districts in which said PD is located. The approval of
the Final Development Plan for a PD may provide for such exceptions from the
district regulations governing use, density, area, bulk, parking, signs, and other
regulations as may be desirable to achieve the objectives of the proposed PD,
provided such exceptions are consistent with the standards and criteria contained in
this Section.
Specific variances/exceptions that shall be approved to grant this CUP/PD as
presented would include:
a. Frontages for townhouse lots
b. Provision of 5' sidewalks in accordance with City Ordinance Section 11-9-606.B.
c. Front, street and side yard setbacks
I. I Off-street parking shall be provided in accordance with Section 11-13-4 of the
City of Meridian Zoning and Development Ordinance and/or as detailed in site-
specific requirements.
I .2Paving and striping shall be in accordance with the standards set forth in Sections
11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance
and in accordance with Americans with Disabilities Act (ADA) requirements.
1.3A 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. All site drainage shall be contained and disposed of on-site.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 14
BY GOLD RIVER COMPANIES, INc.! CUP-OO-OI4
1.40utside lighting shall be designed and placed so as not to direct illumination on
any nearby residential areas or the traveling public in accordance with City
Ordinance Section ll-13-4e.
1.5All signage shall be in accordance with the standards set forth in Section 11-14 of
the City of Meridian Zoning and Development Ordinance or as specifically approved.
No temporary signage, flags, banners or flashing signs will be permitted.
1.6Provide five-foot wide pedestrian walkways in accordance with City Ordinance
Section 12-5-2.
1.7 All construction shall conform to the requirements of the Americans with
Disabilities Act and Fair Housing Act (for residential units).
1.8Screened trash enclosures shall be provided in accordance with Ordinance 11-12-
Ie.
1.9Proposals for Planned Unit Developments shall include a minimum of ten percent
common area. Common open space shall mean land area exclusive of street rights-of-
way, buildings, parking areas, structures, and appurtenances except those
improvements that are accessible and available to all occupants of the private units
within the PD. Required landscape setbacks on Ten Mile Road and Pine Street shall
not be included in these calculations.
1.10Areas shall be provided for the anticipated needs of boats, campers and trailers.
For typical residential development, one (1) adequate space shall be provided every
two (2) living units.
1. 11 One (1) additional parking space beyond that which is required by the Zoning
Ordinance may be required for every three .(3) dwelling units to accommodate visitor
parking. Parking areas may be no closer than four feet (4') to any established street
or alleyway.
1.12An approved area shall be provided that is suitable for the services required for
the repair and maintenance of all common areas.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 14
BY GOLD RIVER COMPANIES, INC. / CUP-OO-OI4
1. 13Applicant States that two monument signs shall be proposed in the future, one at
each entrance to the site. A maximum background area of 32 sJ. and a maximum
height of 6 feet shall be placed on these signs.
1. 14Screen trash areas on all sides. Coordinate screened trash enclosure locations and
construction requirements with Sanitary Service Company and provide a letter of
approval from their office prior to applying for building permits.
1. 15Handicap parking, associated signage and building construction shall meet the
requirements of the Americans with Disabilities Act.
1.161f a building permit is sought prior to platting of property, evidence of dedication
of additional right-of-way to ACHD (recorded warranty deeds) shall be required prior
to application for a Certificate of Zoning Compliance.
1.17There are a 27 contiguous parking stalls on the east side of the north wing of the
office building. A minimum of one (1) landscaped island/bump-out shall be added to
this row of parking.
1.18Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Malœ any corrections necessary to conform.
1.19Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
1.20Applicant shall be required to enter into a Re-Assessment Agreement with the
City of Meridian for all commercial uses.
1.21 Sanitary sewer service to this site shall be via extensions from existing mains that
were installed adjacent to the proposed development. Applicant shall be responsible
to construct the sewer mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing with the Public Works Department.
Sewer manholes are to be provided to keep the sewer lines on the south and west
sides of the centerline.
1.22Water service to this site shall be via extensions of existing mains installed in
adjacent developments. Applicant shall be responsible to construct the water mains to
and through this proposed development. Subdivision designer to coordinate main
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 14
BY GOLD RIVER COMPANIES, INC. J CUP-OO-O14
sizing and routing with the Public Works Department. Provide the Public Works
Department with information on anticipated fire flow and domestic water
requirements for the proposed site. Water service to this development is contingent
upon positive results from a hydraulic analysis by our computer model Flow and
pressure from the existing mains shall be monitored with the Meridian Water
Department.
1.23Two-hundred-fifty- and lOa-watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
1.24Underground year-round pressurized irrigation shall be provided to all landscape
areas on site. Submit hook-up and design details based on the proposed landscaping.
Due to the landscape area, primary water supply connection to the City's mains shall
not be allowed. 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 entire common open
area.
1.25Showall existing easements for irrigation/drainage facilities located within the
boundaries of this proposed development.
1.26Detailed landscape plans for the common areas, including fencing locations,
water fountain area and types of construction, shall be submitted for review and
approval with the submittal of the final plat map or prior to applying for building
permits, whichever occurs first. A letter of credit or cash surety shall be required for
the improvements prior to signature on the final plat.
1.27Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed
plans for approval with submittal of the final plat and/or building permit
applications. All required fencing is to be in place prior to applying for building
permits.
1.28Ada County Highway District three-lane improvement and installation of a
traffic signal shall be a condition of approval before any certificate of occupancy is
provided.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 14
BY GOLD RIVER COMPANIES, INC. / CUP-OO-O14
1.29Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a
condition of approval.
1.30Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting
the parcel by means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a building permit (or other required permits)
whichever occurs first.
1.31 Dedicate 35-feet of right-of-wav from the centerline of Pine Street abutting the
parcel by means of recordation of a final subdivision plat or execution of a warranty
deed prior to issuance of a building pennit (or other required permits), whichever
occurs first.
1.32Construct a 30-foot wide driveway on Pine Street, located as proposed,
approximately 320-feet east of Ten Mile Road. Pave the driveway its full width and
at least 30-feet beyond the edge of pavement of Pine Street and install pavement
tapers with IS-foot radii abutting the existing roadway edge.
1.33Construct a center turn lane on Pine Street for the Pine Street/driveway
intersection. Construct the lane to provide a minimum of lOa-feet of storage with
shadow tapers for both the approach and departure directions. Coordinate the design
of the turn lane with District staff.
1.34Construct a center turn lane on Ten Mile Road for the Lightning Wayffen Mile
Road intersection. Construct the lane to provide a minimum of lOa-feet of storage
with shadow tapers for both the approach and departure directions. Coordinate the
design of the turn lane with District staff.
1.35Construct Gray Cloud Way to connect to an existing stub street at the north
property line.
1.36Locate driveways within the subdivision, a minimum of 50-feet from street
intersections. Pave the driveways their full width of 24 to 30-feet and at least 30-feet
beyond the edge of pavement.
1.37Stub Gray Cloud Way to the east property line. Provide a paved temporary
turnaround at the end of Gray Cloud Way with a temporary easement provided to
the District. Coordinate the turnaround with District staff.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 14
BY GOLD RIVER COMPANIES, INC. / CUP-OO-O14
1.38Construct all public roads within the subdivision as 36-foot street sections with
curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way.
1.39Construct a 5-foot wide concrete sidewalk on Pine Street abutting the site within
2-feet of the new right-of-way. Coordinate the location, elevation and grade of the
sidewalk with District staff.
1.40Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site
within 2-feet of the new right-of-way. Coordinate the location. elevation and grade of
the sidewalk with District staff.
1.411nstall a standard 30" by 30" STOP sign at the intersection of Pine Street and
the proposed driveway.
1.42Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
1.430ther than the access points specifically approved with this application. direct
lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
1.44Requests for modification, variance or waiver of any requirement or policy shall
be made in writing to the ACHD Planning and Development Supervisor, and such
request shall identify each requirement to be reconsidered and include a written
explanation of why such a requirement shall result in a substantial hardship or
inequity.
1.45Request for reconsideration shall be made in writing to the Planning and
Development Supervisor. The request shall identify each requirement to the
reconsidered and include written documentation of data that was not available to the
Commission at the time of its original decision.
1.46Payment of applicable road impact fees are required prior to building
construction.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 14
BY GOLD RIVER COMPANIES, INC,! CUP-OO-OI4
1.47 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.
1.48Applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
1.49Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
1.50Applicant shall 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.
1.51No change in the tenus 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 ACHD. Applicant shall be responsible to
obtain written confinuation of any change from ACHD.
1.52Any change by the applicant in the planned use of the property shall require the
applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force, unless a waiver/variance of said requirements or other
legal relief is granted.
1.53Applicant additionally meet the requirements within the ACHD's letter of
August 15,2000.
1.54Access to the end apartments to pull hoses will need to be improved.
1.55The District's Eightmile Lateral courses through the northeast corner ofthe
project, and therefore, the District reserves the right to deem what is necessary as a
right-of-way for operation and maintenance. Any encroachments shall be approved
through a signed license agreement.
Adopt the Recommendations of the Meridian Fire Department as follows:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE IO OF 14
BY GOLD RIVER COMPANIES, INC.! CUP-OO-O14
1.56All codes, hydrants, fire sprinkler systems shall be approved. Street name sign
and roads shall be installed before building is started.
Adopt the Recommendations of Community Planning Association of Southwest
Idaho (COMPASS) from their letter dated June 14,2000, as follows:
1.57Develop a transportation management plan in accordance with ACHD
Commuteride Program. The transportation management plan shall be submitted to
the Highway District for review and approval. Identify how the development shall
meet a 10% trip reduction goal during peak hour traffic, and also provide short and
long term scenarios for trip reduction goals.
1.58In addition to the ACHD requirements, cross walks shall be placed at both Ten
Mile Road and Pine Street for pedestrian comfort and safety, especially the children
walking to and'from school (across Pine Street).
Adopt the Recommendations of the Central District Health Department as follows:
1.59Applicant shall obtain written approval from appropriate entities for central
water and central sewage. Additionally, plan(s) for central water and central sewage
shall be submitted to and approved by the Idaho Department of Health & Welfare.
Run-off is not to create a mosquito breeding problem. Storm water shall be pre-
treated through a grassy swale prior to discharge to the subsurface to prevent impact
to ground water and surface water quality. Engineers and architects shall obtain
current best management practices for storm water disposal and design a storm water
management system for preventing groundwater and surface water degradation.
Manuals that could be used for guidance are:
1.59.1 State of Idaho Catalog of Stormwater Best Management Practices
For Idaho Cities and Counties.
Prepared by the Idaho Division of Environment Quality, July 1997.
1.59.2Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, January 1997.
Adopt the Comments of Ada County Highway District from their letter dated May
15, 2000, as follows:
ORDER OF CONDITrONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE II OF 14
BY GOLD RIVER COMPANIES, INC. / CUP-OO-OI4
1.60The developer shall be required to install a traffic signal at the intersection of
Ten Mile and Pine Street, additionally, an agreement between ACHD and the
developer shall be necessary to assure the signal is constructed in accordance with
standards. (Because of the location being the intersection of two functional streets,
the Commission may be willing to provide the signal hardware if the developer pays
for the design and construction of the traffic signal. If the Commission does not
approve ACHD participation, the signal shall be entirely the responsibility of the
developer.)
1.6lDeveloper shall provide an interim all-way stop to provide additional safety
during the construction of the traffic signal and the initial subdivision work. The
stop sign installation shall require 36" by 36" STOP signs and 36" by 36" STOP
AHEAD signs on Ten Mile Road and north and south of Pine Street. The
installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the
two new STOP signs and the two existing STOP signs.
and additionally adopt the Comments of Ada County Highway District from their
letter dated August 15, 2000, as follows:
1.62Comply with any additional Site Specific Requirements and Standard
Requirements öf ACHD.
Adopt the action ofthe City Council from their September 19,2000 meeting as
follows:
1.63Applicant shall be required, with the two northern most apartment buildings, to
eliminate the third floor, with corresponding reduction in the number of apartments,
and malœ that apartment building a two story building. The entire complex shall
have a total of 120 units, a reduction of 8 units from the request of 128.
Additionally, adopt the Commitments from Susan Wildwood's letter dated
September 13,2000, and the Applicant's testimony, and the Applicant shall so
comply as follows:
1.64Install a traffic signal at Ten Mile Road and Pine Street.
1.65Redesign the office building to make the exterior more attractive by using
decorative window and door styles on all sides of the building; provide a weather
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 12 OF 14
BY GOLD RIVER COMPANIES, INC.! CUP-OO-OI4
access and a "cut-through" through the building from the parking lot to the traffic
signal.
1.66Restrictions on the type of businesses (no bars or taverns), and hours of
operation for the office building, specifically 0800 to 1800.
1.67Increase setbacks for garage buildings to 15 feet.
I.68Reduce the number of garage units by at least two to increase open space and
landscaping.
I.69Install fire gates between the project and Thunder Creek.
I.70Install sidewalks on the east side of Ten Mile Road between Thunder Creek and
the LDS Church.
1.7 1 Restrict the right to make application for any additional increase in the allowed
R-I5 density or change of use, except as to what is allowed in the LO designation
under the conditional use for the office building.
I.72Make up to 50 memberships available, on a paid basis, to the neighbors of the
Thunder Creek Subdivision in the Valeri Heights Homeowners' Association.
1.73Continue to work with neighbors regarding minor issues, such as fencing, parties
and other on-going activities in the project.
Adopt the further requirements ofthe City Council from their September 19, 2000
meeting as follows:
I.74Applicant to install a stoplight at the intersection of Pine Street and Ten Mile
Road with left turn lanes and sidewalks on Ten Mile.
1.75Gray Cloud Way shall be gated with a security gate which would allow access
only to pedestrians, bicycles and emergency vehicles.
No structural building permits may be issued until aU of the
improvements required by the City in this decision are built and
all other conditions are met.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 13 OF 14
BY GOLD RIVER COMPANIES, INC. / CUP-OO-OI4
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 act~°9- of the City Council at its regular meeting held on the
/V&I/'eþo/~ , 2000.
g~
day of
By~~œ¡.f)..
ity Clerk '
Dated: /!-ß~()tJ
c
ms¡;lZ:IWorklMIMeridianlMeridian 15360MlVaieri Heights AZICUPOrderi4
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 14 OF 14
BY GOLD RIVER COMPANIES, INC.! CUP-OO-OI4