HomeMy WebLinkAboutWesley Subdivision CUP-00-009
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF CENTERS
CONSTRUCTION FORA
CONDITIONAL USE PERMIT
FOR THE PROPOSED WESLEY
SUBDIVISION, AN OFFICE
BUILDING AND TOWNHOUSE
SUBDIVISION, LOCATED AT
THE WEST SIDE OF LOCUST
GROVE, 1/4 MILE NORTH OF
FAlRVIEW AVE., MERlDIAN,
IDAHO
03-29-00
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Case N Q. CUP-OO-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
This above entitled conditional use permit application having come before
the City Council for public hearing on March 7, 2000, at the hour of 7:30 p.m.., at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark,
Assistant Planner for the Planning and Zoning Department, appeared and testified, and
appearing and testifying was the Applicant, Lee Centers, and appearing and testifying on
behalf of the Applicant were: Joe Canning of B &A Engineers and Mike Spink, attorney
for the Applicant, and appearing and testifying "With comments were: Tina Mortenson,
Julie Powell, Bill Weaver, Jay Jones, Corliss Tron, Kathleen Colter, Don Brian, and an
unidentified audience member, and the matter was tabled until March 21, 2000, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 of 19
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Steve Siddoway, Assistant Planner for the Planning and Zoning Department, appeared and
testified, and Joe Canning of B & A Engineers, appeared and testified on behalf of the
Applicant, and no one appeared and testified in opposition, and upon the Findings of Fact
and Conclusions of Law and Recommendation to City Council issued by the Planning and
Zoning Commission who conducted a public hearing and having heard and taken oral and
"vritten testimony, and having duly considered the matter and the Planning and Zoning
Commission made the following Findings of Fact and Conclusions of Law and
Recommendation to City Council, and the City Council having received the staff report
and the record made before the Planning and Zoning Commission, and being fully advised
in the premises, the Council finds and concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
1. Idaho Code S 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use permits; and
(B) 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
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(C) That upon the granting of a special use permit, conditions
may be attached to a special use permit, including, but not
limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) 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 required in
an ordinance; requiring mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services 'within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code S 11-17-2.
3. Idaho Code S 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."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
5. Prior to granting a conditional use permit in a Limited Office (L-O) and
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Nledium Density Residential (R-8) zones, a public hearing shall be conducted with
notice to be published and provided to property ovvners 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
S 11-17-5, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
Chapter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
Zoning Commission; and after the recommendation of the Commission is made,
the application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission. "
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for March 7,
2000, and tabled until March 21, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (IS) days prior to said hearing and with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 of 19
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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 said March 7,
2000, and tabled until March 21, 2000, 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 opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss67-6509 and 67-6512; and Meridian City Code ss 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. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 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 Boundary Ordinance and Map.
4. The property is located at the west side of Locust Grove, 1/4 mile north of
Fairview Ave., Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 19
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5. The ovvner of record of the subject property is Centers Constmction of
Meridian, Idaho.
6. Applicant is ovvner of record.
7. The subject property is zoned Limited Office (L-O) and Medium Density
Residential (R-8). The zoning districts are defined within the City of Meridian Zoning
and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a
subdivision comprising an office building and tovvnhouses. The R-8 and L-O zoning
designation "vithin the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those required 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 "vith the Meridian Comprehensive Plan.
I O. The use proposed vvithin the subject application ,,,,ill in fact, constitute a
conditional use as determined by City Ordinance.
11. The requested conditional use is required as a condition of the
development agreement at Sections 6. Conditions Governing Development of Subject
Property.
12. The requested conditional use is described in the revised
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 19
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"PRELIMINARY PLAT OF WESLEY SUBDIVISION, DATE: November 29, 1999,
Revision A: CM 03/15/00, Revised per Staff recommendations, DravV11 By: c.A. Auth,
Dwg. No. CAA~961129-A, By: B. &A Engineers, Inc.", for the development of the
aforementioned Wesley Subdivision for an office building and townhouses, and which
property is described as:
A portion of the northeast quarter of the southeast quarter of Section 6,
Township 3 North, Range 1 East, Boise Ivleridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the southeast corner of said Section 6, which bears SOoo10'20"
E, 2,641.31 feet from the east quarter corner of said Section 6; thence
NOooI0'20" W., 1,320.19 feet (formerly described as NOoo08'20" E, 1,320.42
feet) along the easterly boundary of said Section 6 to the southeast corner of the
northeast quarter of the southeast quarter of said Section 6, which is the Real
Point of Beginning:
Thence 589030'00" W, 981.92 feet (formerly described as S89052'W, 981.97
feet) along the southerly boundary of the northeast quarter of the southeast
quarter of said Section 6 to the southeast corner of Meridian Place Subdivision
No.1, as shown on the official plat thereof on file in the office of the Ada
County Recorder;
Thence NOooOTOO" W, 259.32 feet (formerly described as North, 257.37 feet)
along the easterly boundary of said Meridian Place Subdivision No. 1 to the
southwesterly boundary of Gem Park Subdivision, as shown on the official plat
thereof on file in the office of the Ada County Recorder;
Thence S81 o53'30"E, 298.93 feet (formerly described as S81035'30" E, 298.92
feet) along the southwesterly boundary of said Gem Park Subdivision:
Thence N89003'50" E, 685.90 feet (formerly described as N89021 '50" E, 686.83
feet) along the southerly boundary of said Gem Park Subdivision to the easterly
boundary of said Section 6;
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Thence SOool 0'2011 E, 219.79 feet (formerly described as SOoo08'20" W, 219.00
feet) along the easterly boundary of said Section 6 to the Real Point of
Beginning.
Comprising 5.029 acres, more or less.
Subject to easements or right-of-ways of record or apparent.
13. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, as herein provided for in the conditions of approval, public facilities and
services required by the proposed development will not impose expense upon the
public if the conditions of development, as set forth in the Decision and Order number
2, are found to mitigate the effects of the proposed use and development upon services
delivered by political subdivisions providing services to the subject real property vvithin
the planning jurisdiction of the City of Meridian.
14. The use proposed vvithin the subject application vvill in fact, constitute a
conditional use as determined by Council action and City Ordinance.
15. The use proposed within the subject application vvill be subject
to the conditions as set forth in the Decision and Order under number 2, and vvill be
designed, constructed, operated and maintained to be harmonious and appropriate in
appearance or intended character of the general vicinity and that such use "vill not
change the intended essential character of the same area.
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16. The use proposed vvithin the subject application vvill not be
hazardous or disturbing to existing or future neighboring uses.
17. The use proposed "vithin the subject application "viII be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer.
18. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated "vith the use.
19. The use proposed "vithin the subject application will not involve
uses, activities, processes, materials, equipment and conditions of operation that "vill be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
20. Sufficient parking for the proposed use of the property will be
provided.
21. The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 of 19
USE PER1v1IT SUBJECT TO CONDITIONS I
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DECISION AND ORDER
GRANTING CONDITIONAL USE PERIvrIT 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 Applicant and mvner of the property, and is granted a
conditional use pennit for the proposed application request of a conditional use permit
for the construction, development, m.aintenance and use for Wesley Subdivision for an
office building and townhouses and which property is described as:
A portion of the northeast quarter of the southeast quarter of Section 6,
Tovvnship 3 North, Range I East, Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the southeast corner of said Section 6, which bears SOOo 1 0'20"
E, 2,641.31 feet from the east quarter corner of said Section 6; thence
NOOo 10120'1 W., 1,320.19 feet (formerly described as NOoo08'20" E, 1,320.42
feet) along the easterly boundary of said Section 6 to the southeast corner of the
northeast quarter of the southeast quarter of said Section 6, which is the Real
Point of Beginning:
Thence S89030'00" W, 981.92 feet (formerly described as S89052'W, 981.97
feet) along the southerly boundary of the northeast quarter of the southeast
quarter of said Section 6 to the southeast corner of Meridian Place Subdivision
No.1, as shovVl1 on the official plat thereof on file in the office of the Ada
County Recorder;
Thence NOooOTOO" W, 259.32 feet (formerly described as North, 257.37 feet)
along the easterly boundary of said Meridian Place Subdivision No.1 to the
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southwesterly boundary of Gem Park Subdivision, as shovvn on the official plat
thereof on file in the office of the Ada County Recorder;
Thence S81 053'3011E, 298.93 feet (formerly described as 581035'30" E, 298.92
feet) along the southwesterly boundary of said Gem Park Subdivision:
Thence N89003'501l E, 685.90 feet (formerly described as N89021'50" E, 686.83
feet) along the southerly boundary of said Gem Park Subdivision to the easterly
boundary of said Section 6;
Thence SOoo10'2011 E, 219.79 feet (formerly described as S0000812011 W, 219.00
feet) along the easterly boundary of said Section 6 to the Real Point of
Beginning.
Comprising 5.029 acres, more or less.
Subject to easements or right~of-ways of record or apparent.
2. The conditional use permit granted herein is subject to the following terms and
conditions:
Adopt the General Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1 Any existing irrigation/drainage ditcl1es crossing the property to be included
in this project, shall be tiled per City Ordinance. 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. No variances have been requested for tiling of any ditches
crossing this project.
2.2 Any existing domestic wells and/or septic systems vvithin this project will
have to be removed from their domestic service per City Ordinance. Wells
may be used for non-domestic purposes such as landscape irrigation.
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2.3 Off~street parking shall be provided in accordance with the City of Meridian
Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
2.4 Paving and striping shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance and in accordance
with Americans vvith Disabilities Act (ADA) requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parldng areas. All site drainage shall be contained and disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct illumination
on any nearby residential areas or the traveling public and in accordance
vvith City Ordinance.
2.7 All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs vvill be permitted.
2.8 Provide five-foot-wide sidewalks in accordance vvith City Ordinance.
2.9 .All constmction shall conform to the requirements of the Americans vvith
Disabilities Act.
2.10 The office and subdivision entry signage details are approved as
submitted 'with the application to City Council. Maximum height of the
L-shaped office street sign is 4'-6", with name plate areas not to exceed 4-
foot in width. The proposed subdivision sign may not exceed 3'-6" x 6'-
6" of sign face area and has a maximum total height of 5'_6", including
posts. Materials are to be the quality shown in the proposal. Detailed
signage plans are subject to design review and separate permits.
Temporary A-frame signs and banners shall be prohibited and will be
removed after 3 days notice to the owner.
2.11 Common Open Space: Proposals for Planned Unit Developments must
include a minimum often percent (10%) common open space. Common
open space shall mean land area exclusive of street rights-of-way,
buildings, parldng areas, stmctures, and appurtenances except those
improvements that are accessible and available to all occupants of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 of 19
USE PERMIT SUBJECT TO CONDITIONS /
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private units 'within the PD. The calculations for required open space are
as follows:
Lot 1, Block I (Locust Grove buffer area) = 3,143 SF
Lot 18, Block I (Northwest park area) [5,079 SF
Lot 35, Block 1 (Entry park area) = 8,627 SF
Total = 26,849 SF
The common area used in the project percentage calculations is:
Lot IS, Block 1 (Northwest park area) 15,079 SF Lot 35, Block 1 (Entry
park area) = S,627 SF Total = 23,706 SF (0.544 acres)
Since the net area is 4.787 acres (includes the entire site EXCEPT for the
Locust Grove R/W), the percentage of the project devoted to open space
(excluding the landscape buffer on Locust Grove) = 11.36%.
If the Locust Grove R/W is included in the calculation, the percentage of the
project devoted to open space (excluding the landscape buffer on Locust
Grove) = 10.82%.
This summarizes how the percentages were calculated. In either instance the
percentage exceeds 10% and does not include the Locust Grove landscape
buffer area.
2.12 In order for the stormwater detention area to be considered as common
open space, it must be designed to prevent accumulated water from
standing for periods longer than 24 hours, landscaped, and contain gentle
grassy slopes that allow for recreational access and use.
2.13 Bonus Density: ". . . Variations pertaining to planned development-
maximum density, dimensional standards, and other requirements-
shall not exceed 25% of the existing requirements, and shall be
recommended [only if] one or more of the Planned Development design
and developmental objectives are met." Design objectives include
additional common open space, significant streetscaping, public plazas,
pedestrian/bicycle pathways, and/or protection of existing natural
features. As noted above, this objective is being met.
2.14 Reduced lot standards: Standards do not currently exist for townhouse
lots in R-S zones. However, they do exist for single family dwellings and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 of 19
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duplexes. The proposed tovvnhouses function more like duplexes than
single family dwellings. The minimum lot size shall be 3,375 s.f. or a 21 %
reduction in lot area.
There shall be a 40-foot minimum frontage.
20 feet from property line shall be required on all lots where it can be
accommodated.
Minimum rear setbacks shall be no less than 11.25 feet to meet the 25%
mle.
2.15 No stub roads have been provided to the property from adjacent
subdivisions. Applicant shall be allowed the proposed 850-foot cul-de-sac
length.
2.16 Sidewalks shall be required adjacent to the open space common lot and
out to Locust Grove.
2.17 The applicant shall fence the entire perimeter of the project (north, south,
and west boundaries) "vith a 6-foot white vinyl privacy fence.
2.18 At least one of the two handicap parking spaces must be van~accessible as
per ADA requirements.
2.19 One three-inch (3") caliper tree is required per 1,500 sJ. of asphalt on the
office site. The proposed plan appears to meet this requirement. However,
trees shall be added to the parking lot internal islands.
2.20 Trees are also required in the common lot open space along Locust Grove.
At least I tree per 35 lineal feet of frontage shall be required in planting
areas along Locust Grove and E. Willowbrook Drive.
2.21 State agencies recommend that grassy swales be used for pretreatment of
stormwater. Drainage swales will not be approved 'within the 20-foot-wide
planting strip adjacent to Locust Grove Road unless they are fully
vegetated and designed to accommodate the required trees.
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2.22 20-foot wide landscape buffers are required on the office lot to buffer
adjacent residential uses. The proposed site plan meets this requirement.
2.23 No trash enclosure is shmvn on the plan for the L-O lot. Applicant shall
coordinate trash receptacle locations and constmction requirements \vith
Meridian Sanitary Service Company and provide a letter of approval from
their office prior to applying for a Certificate of Zoning Compliance.
Trash enclosures must be screened on at least 3 sides per City Ordinance.
2.24 During the annexation and zoning hearing for this property, the Planning
& Zoning Commission expressed a desire to have a pedestrian easement
granted connecting to Doris Subdivision and Meridian Place Subdivision
to allow school children to get to Chief Joseph Elementary vvithoLtt being
forced out onto Locust Grove Road. If agreement to continue the paths
can be reached \vith the neighboring property mvners, such easement shall
be added to the plat.
2.25 Minimum house size is not shown on the plat. The application states that
each stmcture has 2,000 s.f. This means 1,000 s.f per dwelling unit. This
information must be added to the final plat. A two-car garage is also
required per dwelling unit.
2.26 To minimize the impact of the development on neighboring
developments, the townhouses are restricted to single story height.
Architectural features such as dormers or vvindows may be constmcted in
what may appear to be a second story, these features are only to visually
break up the roofline and facade of the structure.
2.27 A maintenance building or approved area is not required for the repair
and maintenance of all common areas ovvned by the neighborhood
association as per 12-6-8-A-3 because the maintenance of common areas
will be contracted out to a third party.
2.28 Submit a colored rendering of the project as required by Section 12-6-4 of
the Meridian Subdivision and Development Ordinance, along vvith ten
(10) copies of a revised plat/site plan with any required revisions to the
City Clerk's Office a minimum of one week prior to the hearing by the
Meridian City Council.
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2.29 Assessment fees for water and sewer service shall be determined during
the building plan review process.
2.30 i\ll driveways, parking, and vehicle use areas are to be paved.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.31 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
Adopt the Central District Health Department's Recommendations as follows:
2.32 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.33 Run-off is not to create a mosquito breeding problem.
2.34 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.35 The Engineers and architects involved 'with the design of the subject
project shall obtain current best management practices for stonnwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
The Planning and Zoning Commission further recommend:
2.36 The property line be 5 feet for a 20 foot minimum setback as per Staffs
request, a sidewalk to the south lot line to Locust Grove to 7 foot.
2.37 The developer agrees to move the well away from neighbors.
2.38 The commission support Staffs request vvith reference to additional open
space.
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3. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance vvith this Decision, which shall be signed by the Mayor and City Clerk and
then a conformed copy shall be served by the Clerk upon the applicant, the Planning
and Zoning Department, Public Works Department and City Attorney and any
affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 of 19
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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 S 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 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
AI-/...
q- day
of /J;ru2..
,2000.
ROLL CALL
COUNCILMAN ANDERSON
VOTED $/L.
COUNCILMAN BIRD
-
VOTED
COUNCILMAN deWEERD
VOTED~
COUNCILMAN McCANDLESS
VOTED~--
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 of 19
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MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4-+-tJ()
MOTION: APPROVED: V'Ri%
o/-l{~~
VOTED
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
ByJl~~~~
City Clerk
Dated:
1-1-00
-
-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 of 19
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
CENTERS CONSTRUCTION FOR A )
CONDITIONAL USE PERMIT FOR THE )
PROPOSED WESLEY SUBDIVISION, AN )
OFFICE BUILDING AND TOWNHOUSE )
SUBDIVISION, LOCATED AT THE WEST )
SIDE OF LOCUST GROVE, 1/4 MILE NORTH )
OF FAIRVIEW AVE., MERIDIAN, IDAHO )
)
)
03-29-00
CASE NO. CUP~OO~009
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 4th day of April, 2000, .
under the provisions of Meridian City Code s 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 the
proposed application request of a conditional use permit for the construction,
development, maintenance and use for Wesley Subdivision for an office building and
townhouses, as described in the in the revised "PRELIMINARY PLAT OF WESLEY
SUBDIVISION, DATE: November 29, 1999, Revision A: CM 03/15/00, Revised
per Staff recommendations, Drawn By: c.A. Auth, Dwg. No. CM~961129~A, By: B.
& A Engineers, Inc.", for the development of the aforementioned Wesley Subdivision
for an office building and townhouses, and which property is described as:
A portion of the northeast quarter of the southeast quarter of Section 6, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the southeast corner of said Section 6, which bears SOOo 1 0'2011 E,
2,641.31 feet from the east quarter corner of said Section 6; thence NOoo10'20" vV.,
1,320.19 feet (formerly described as NOoo08'20" E, 1,320.42 feet) along the easterly
boundary of said Section 6 to the southeast corner of the northeast quarter of the
southeast quarter of said Section 6, which is the Real Point of Beginning:
Thence S89030'OO" W, 981.92 feet (form.erly described as S89052'W, 981.97 feet)
along the southerly boundary of the northeast quarter of the southeast quarter of said
Section 6 to the southeast corner of Meridian Place Subdivision No.1, as shown on
the official plat thereof on file in the office of the Ada County Recorder;
Thence NOooOTOO" W, 259.32 feet (formerly described as North, 257.37 feet) along
the easterly boundary of said Meridian Place Subdivision NO.1 to the southwesterly
boundary of Gem Park Subdivision, as shown on the official plat thereof on file in
the office of the Ada County Recorder;
Thence S81053'30"E, 298.93 feet (formerly described as S81035'30" E, 298.92 feet)
along the southwesterly boundary of said Gem Park Subdivision:
Thence N89003'50" E, 685.90 feet (formerly described as N89021'50" E, 686.83 feet)
along the southerly boundary of said Gem Park Subdivision to the easterly boundary
of said Section 6;
Thence SOoo10'20'1 E, 219.79 feet (formerly described as SOoo08120" W, 219.00 feet)
along the easterly boundary of said Section 6 to the Real Point of Beginning.
Comprising 5.029 acres, more or less.
Subject to easements or right-of-ways of record or apparent.
2. That the above named applicant is granted a conditional use permit for Wesley
Subdivision for an office building and townhouses, located at the west side of Locust
Grove, 1/4 mile north of Fairview Ave., Meridian, Idaho, subject to the follO'vving
conditions of use and development:
Adopt the General Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The ditches
to be piped should be shO'vvn 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. No variances have been requested for tiling
of any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems 'within this project will
have to be removed from their domestic service per City Ordinance. Wells
may be used for non-domestic purposes such as landscape irrigation.
2.3 Off~street parking shall be provided in accordance with the City of
Meridian Zoning and Development Ordinance and/or as detailed in site-
specific requirements.
2.4 Paving and striping shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance and in
accordance 'with Americans "vith Disabilities Act (ADA) requirements.
2.5 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer for all off-street
parking areas. All site drainage shall be contained and disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas or the traveling public and in
accordance with City Ordinance.
2.7 All signage shall be in accordance with the standards set forth in the City of
Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance.
2.9 All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.10 The office and subdivision entry signage details are approved as
submitted with the application to City Council. Maximum height of
the L-shaped office street sign is 4'-6", "vi th name plate areas not to
exceed 4-foot in width. The proposed subdivision sign may not exceed
3'-6" x 6'_6" of sign face area and has a m~'Cimum total height of 5'-6",
including posts. Materials are to be the quality shown in the proposal.
Detailed signage plans are subject to design review and separate permits.
Temporary A-frame signs and banners shall be prohibited and will be
removed after 3 days notice to the owner.
2.11 Common Open Space: Proposals for Planned Unit Developments must
include a minimum of ten percent (10%) conunon open space. 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. The calculations for required open space
are as follows:
Lot I, Block 1 (Locust Grove buffer area) == 3,143 SF
Lot 18, Block 1 (Northwest park area) 15,079 SF
Lot 35, Block 1 (Entry park area) == 8,627 SF
Total == 26,849 SF
The common area used in the project percentage calculations is:
Lot 18, Block 1 (Northwest park area) 15,079 SF Lot 35, Block I (Entry
park area) = 8,627 SF Total = 23,706 SF (0.544 acres)
Since the net area is 4.787 acres (includes the entire site EXCEPT for the
Locust Grove R/W), the percentage of the project devoted to open space
(excluding the landscape buffer on Locust Grove) = 11.36%.
If the Locust Grove MV is included in the calculation, the percentage of the
project devoted to open space (excluding the landscape buffer on Locust
Grove) = 10.82%.
This summarizes how the percentages were calculated. In either instance the
percentage exceeds 10% and does not include the Locust Grove landscape
buffer area.
2.12 In order for the stormwater detention area to be considered as common
open space, it must be designed to prevent accumulated water from
standing for periods longer than 24 hours, landscaped, and contain
gentle grassy slopes that allow for recreational access and use.
2.13 Bonus Density: ". . . Variations pertaining to planned development-
maximum density, dimensional standards, and other requirements-
shall not exceed 25% of the existing requirements, and shall be
recommended [only if] one or more of the Planned Development design
and developmental objectives are met." Design objectives include
additional common open space, significant streetscaping, public plazas,
pedestrian/bicycle pathways, and/or protection of existing natural
features. As noted above, this objective is being met.
2.14 Reduced lot standards: Standards do not currently exist for tovvnhouse
lots in R-8 zones. However, they do exist for single family dwellings and
duplexes. The proposed townhouses function more like duplexes than
single family dwellings. The minimum lot size shall be 3,375 s.f. or a
21 % reduction in lot area.
There shall be a 40-foot minimum frontage.
20 feet from property line shall be required on all lots where it can be
accommodated.
Minimum rear setbacks shall be no less than 11.25 feet to meet the 25%
rule.
2.15 No stub roads have been provided to the property from adjacent
subdivisions. Applicant shall be allowed the proposed 8S0-foot cul-de-
sac length.
2.16 Sidewalks shall be required adjacent to the open space common lot and
out to Locust Grove.
2.17 The applicant shall fence the entire perimeter of the project (north,
south, and west boundaries) with a 6-foot white vinyl privacy fence.
2.18 At least one of the two handicap parking spaces must be van-accessible
as per ADA requirements.
2.19 One three-inch (3") caliper tree is required per 1,500 sJ. of asphalt on
the office site. The proposed plan appears to meet this requirement.
However, trees shall be added to the parking lot internal islands.
2.20 Trees are also required in the common lot open space along Locust
Grove. At least 1 tree per 35 lineal feet of frontage shall be required in
planting areas along Locust Grove and E. Willowbrook Drive.
2.21 State agencies recommend that grassy swales be used for pretreatment
of stormwater. Drainage swales will not be approved 'within the 20-foot-
wide planting strip adjacent to Locust Grove Road unless they are fully
vegetated and designed to accommodate the required trees.
2.22 20-foot wide landscape buffers are required on the office lot to buffer
adjacent residential uses. The proposed site plan meets this requirement.
2.23 No trash enclosure is shown on the plan for the L-O lot. Applicant shall
coordinate trash receptacle locations and construction requirements
with Meridian Sanitary Service Company and provide a letter of
approval from their office prior to applying for a Certificate of Zoning
Compliance. Trash enclosures must be screened on at least 3 sides per
City Ordinance.
2.24 During the annexation and zoning hearing for this property, the
Planning & Zoning Commission expressed a desire to have a pedestrian
easement granted connecting to Doris Subdivision and Meridian Place
Subdivision to allow school children to get to Chief Joseph Elementary
'without being forced out onto Locust Grove Road. If agreement to
continue the paths can be reached with the neighboring property
owners, such easement shall be added to the plat.
2.25 Minimum house size is not shown on the plat. The application states
that each structure has 2,000 sJ. This means 1,000 sJ per dwelling unit.
This information must be added to the final plat. A two-car garage is
also required per dwelling unit.
2.26 To minimize the impact of the development on neighboring
developments, the tovvnhouses are restricted to single story height.
Architectural features such as dormers or vvindows may be constructed
in what may appear to be a second story, these features are only to
visually break up the roofline and facade of the structure.
2.27 A maintenance building or approved area is not required for the repair
and maintenance of all common areas owned by the neighborhood
association as per 12-6-8-A-3 because the maintenance of common areas
vvill be contracted out to a third party.
2.28 Submit a colored rendering of the project as required by Section 12-6-4
of the Meridian Subdivision and Development Ordinance, along "vith
ten (10) copies of a revised plat/site plan with any required revisions to
the City Clerk's Office a minimum of one week prior to the hearing by
the Meridian City Council.
2.29 Assessment fees for water and sewer service shall be determined during
the building plan review process.
2.30 All driveways, parking, and vehicle use areas are to be paved.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.31 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
Adopt the Central District Health Department's Recommendations as follows:
2.32 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.33 Run-off is not to create a mosquito breeding problem.
2.34 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.35 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
The Planning and Zoning Commission further recommend:
2.36 The property line be 5 feet for a 20 foot minimum setback. as per Staff's
request, a sidewalk to the south lot line to Locust Grove to 7 foot.
2.37 The developer agrees to move the well away from neighbors.
2.38 The commission support Staff's request vvith reference to additional
open space.
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
vvithout complying with the provisions of Meridian City Code S 11~I7-8, a copy of
which is attached to this permit.
By act~ City Council at its regular meeting held on the
, ~d ~~
Robert D. Corrie, Mayor City of Meridian
4&
day of
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Departmel and City Attorney.
~~JJe
Dated:
f-/f-(Jo
By"
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