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HomeMy WebLinkAboutCooper Canyon Subdivision CUP-02-002 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR COOPER ) CANYON SUBDIVISION IN A ) R-40 ZONE, LOCATED EAST ) OF N. LOCUST GROVE ROAD ) AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO ) ) WILDWOOD DEVELOPMENT, ) LLC, ) ) APPLICANT ) ) Case No. CUP-02-002 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 April 2,2002 at the hour of 6:30 p.nt., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Bany Semple, Chris Findlay, and David Callister, 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 Ylanning .and Zoning Commission who conducted a public hearing and the Council having 'heard ~nd taken oral and "vritten testimony, and having duly considered the matter, the FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 hearing scheduled for April 2, 2002, before the City Council, the first publication appearing and vvritten 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 (15) days prior to said hearing and with the notice of public hearing having been posted UpOi1 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 April 2, 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 vvith all notice and hearing ~eqttirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code ss 11-15~5 and 11~17~ S as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at east of N. Locust Grove Road and south of East Wilson Lane, Meridian, Idaho. 5. The owner of record of the subject property is the Lawrence Tuclmess Trust of Meridian, Idaho. 6. Applicant is Wildwood Development, LLC of Boise, Idaho. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R~40 before the City CounciL The zoning district of R-40 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 construction of twenty-two (22) 4-plex units (88 units) for a variety of commercial and residential projects. The R-40 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use perrt}.it be obtained for most uses- including those requested by the Applicant. (Meridian City 'Zoning and Development Ordinance, Section 11 ~8-1 )" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. 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. II. The Meridian City Council takes judicial notice of its Zoning, 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 follovving 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 E11gineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 the Conditional Use Permit. 2. Since the applicant is intending to have the ability to sell all of the lots to different builders, said applicant should address the proposed elevations and what elements are "set in stone" as design standards, for inclusion in the Development Agreement. A theme for the development must be maintained in order for the project to be considered a planned development. Existing elevations are acceptable, and all buildings must substantially comply with the building plans shown. Significant deviations from the buildings proposed vvill require a modification to the conditional use permit. 3. Two amenities are required as part of a Planned Development. The applicant is proposing 10% open space and the pathway as their two amenities. 4. The proposed dumpster locations interfere vvith visibility for cars backing out of parking spaces adjacent to the trash enclosures. The layout of these enclosures should be revised and coordinated 'with the Sanitary Services Corp. (SSC) and applicant .is' required to resolve the differences with Sanitary Services prior to the public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. S. No gating of the main access is proposed or approved. Only gating of the emergency access is allowed. Design requirements (i.e., break-away gate, etc.) shall be coordinated with the fire department. 6. Proposed parking includes 201 parking spaces, which allows for 2 spaces per unit, plus 6 accessible spaces, plus 19 visitor spaces. Parldng shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. 7. All improvements shall meet all federal requirements of the A1nericans with Disabilities Act and the Fair Housing Act. 8. The Settlers Canal shall be tiled per City Ordinance. However, the Jackson Drain shall remain open and improved as an amenity to the project with a pathvvay and associated'landscaping. 9. All common area landscaping shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 10.The pathway shall be constructed prior to isstlance of any occupancy pennit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 11. Side yard setback of five (5) feet shall be required. Applicant shall be required to meet all building code and fire code requirements. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: 1. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the Fire Department staff for the location of the emergency turnaround. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Construct curb, gutter, 5-foDt wide' concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 100-feet east of the west property line. This location meets Distlict policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 3D-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. Applicant is proposing an "emergencv access only" located approximately 190-feet north of the south property line. This access is to. be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 3D-feet into the project. This emergency access m.eets District policy and shall be approved with this application. '. ' 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District S. Meet District drainage requirements per section 8000 of the ACHD Development . Policy Manual. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. Adopt the Central District Health Department requirements as follows: 1. 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. Adopt the Rec<?mmendations of the Parks Department as follows: 1. A, 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliott Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common lot deed when completed. Additionally, comply'with the action of the Council from their meeting held on Tuesday, April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open sp~ce and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the materialit..is to be constructed with. The sport court shall be approximately half the siie'of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 2. That all improvements within the subdivision shall be completed prior to any occupancies on any of the buildings. Additionally, as long as they meet or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND . ORDER GRANTING CONDITIONAL USE PERMIT - 7 exceed the requirements of the three buildings, then they would be allowed to proceed with the Building Permit. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features, unless visitor parldng or additional useable open space is required. 14. That the proposed'use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance 'with the requirements of this Ordinance; it is 'found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed high density residential uses are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to comply with Comprehensive Plan. 15. 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 0 the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services, as long as capacity in existing school facilities is available and improvements are made by the applicant in accordance with policies, ordinances and Uniform Codes. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets, however, there may be a potential bottle-neck at Locust Grove ~oad vvithout another stub street to connect to Pine Street. 21. 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. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 9 Jackson Drain is to remain open and improved with a pathway. 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 (1. C. ~6 7 -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 hearing and notice provision required, provide for the process of special and/or conditional use permits which a 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 ofits zoning ordinances. 4. The City Council has the duty and responsibility to review the f~cts 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 S 11 ~ 1 7 ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 10 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 vviII be harmonious with the Meridian Comprehensive Plan and in accordance vvith 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 prqposed use, if it complies with all conditions of the approval imposed, vvill 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 vvill 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 vvill have vehicular approaches to the property which shall be so designed as not to create interference vvith traffic OIl. 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 High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - II Residential District (R-40), 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 "vith 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 hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for larid in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Plari.nii1g and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council "vithout 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 ,.vith 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 vVi'th conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of. Meridian Zarling and Development Ordinance, and Idaho State law. (Meridia11 City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 impose conditions of that approval that reasonably: A. B. C. D. E. F. G. Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; Require the provision for on-site public facilities or services; and 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 construction of a twenty-two (22) 4-plex units (88 units) for a variety of commercial and residential projects in R-40 zone located east of N. Locust Grove Road and south FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND .ORDER GRANTING CONDITIONAL USE PERMIT - 13 of East Wilson Lane, 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 preliminmy plat as a condition of the Conditional Use Permit. 2. Since the applicant is intending to have the ability to sell all of the lots to different builders, said applicant should address the proposed elevations and what elements are "set in stone" as design standards, for inclusion in the Development Agreement. A theme for the development must be maintained in order for the project to be considered a planned development. Existing elevations are acceptable, and all buildings must substai1tially comply with the building plans shown. Significant deviations from the buildings proposed will require a 1110dification to the conditional use permit. , , . 3. Two amenities are required as part of a Planned Development. The applicant is proposing 10% open space and the pathway as their two amenities. 4. The proposed dumpster locations interfere with visibility for cars backing out of parking spaces adjacent to the trash enclosures. The layout of these enclosures should be revised and coordinated with the Sanitary Services Corp. (SSe) and applicant is required to resolve the differences with Sanitary Services prior to the public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. 5. No gating of the main access is proposed or approved. 9nly gating of the emergency access is allowed. Design requirements (i.e., break-away gate, etc.) shall be coordinated with the fire department. 6. Proposed parking includes 201 parking ,spaces, which allows for 2 spaees per unit, plus 6 accessible spaces, plus 19 visitor spaces. Parking shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. 7. All improvements shall meet all federal requirements of the Americans with Disabilities Act and the Fair Housing Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 8. The Settlers Canal shall be tiled per City Ordinance. However, the Jackson Drain shall remain open and improved as an amenity to the project with a pathway and associated landscaping. 9. All comInon area landscaping shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 10. The pathway shall be constructed prior to issuance of any occupancy perIni t. 11. Side yard setback of five (5) feet shall be required. Applicant shall be required to meet all building code and fire code requirements. Adopt the Recomm.endations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: 1.Applicant should be required to construct an emergency turnaround located in the center of the 'proposed subdivision. Applicant should be required to work with the Fire Department staff for the location of the emergency turnaround. The following Site Specific Requirements and Standard Requirelnents must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1.Construct curb, gutter, S-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2.Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 1 OO~ feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 3D-feet and to a point 30-feet beyond the edge of pavement of'Wilson Lane. 3.Applicant is proposing an "emergency access only" located approximately 190-feet north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 access meets District policy and shall be approved with this application. 4.Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District 5.Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6.If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.Any existing irrigation facilities shall be relocated outside of the right-ofwway. 8.Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25,2002. Adopt the Central District Health Department requirements as follows: 1. 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. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliott Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easeme,nt or common lot deed when completed. ' Additionally, comply vvith the action of the Council from their meeting"held on Tuesday, April 2, 2002. as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. ,vithi~1 the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and 'will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 2. That all improvements within the subdivision shall be completed prior to any occupancies on any of the buildings. Additionally, as long as they meet or exceed the requirements of the three buildings, then they would be allowed to proceed with the Building Permit. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-1 7 - 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 Departm,ent and any affected party requesting notice. 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 ~ 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ! {; 1b. day of ~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED$-....- COUNCILWOMAN TAM1vIY deWEERD VOTED~t0 COUNCILWOMAN CHERIE Mc CANDLESS VOTED je?~l--- COUNCILMAN WILLIAM L.M. NARY VOTED $t't-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: -1-(h ~f)~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ByJi~P-~ IJb City Clerk /1 ,,~ f .;..#-1 ->'""'; t- ~-! 7-0Z-- Z:\Work\M\Meridian\Meridian 15360M\Cooper Cany~ Sub ~ ,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND . ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COOPER CANYON SUBDIVISION IN A R-40 ZONE, LOCATED EAST WILSON LANE, MERIDIAN, IDAHO WILDWOOD DEVELOPMENT, LLC, . APPLICANT C/C 04/02/02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-002 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the April 2, 2002, 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: 2. That the above named applicant is granted a conditional use. permit for construction of twenty-two (22) 4-plex units (88 units) for a variety of commercial and residential projects in a R-40 zone located east of N. Locust Grove Road and ORDER CONDITIONAL USE PERMIT (CUP~02~002) - 1 south of East Wilson Lane, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminalY plat as a condition of the Conditional Use Permit. 2. Since the applicant is intending to have the ability to sell all of the lots to different builders, said applicant should address the proposed elevations and what elements are "set in stone" as design standards, for inclusion in the Development Agreement. A theme for the development must be maintained in order for the project to be considered a planned development. Existing elevations are acceptable, and all buildings must substantially comply with the building plans shown. Significant deviations from the buildings proposed will require a modification to the conditional use permit.- . 3. Two amenities are required as part of a Planned Development. The applicant is proposing 10% open space and the pathway as their two amenities. 4. The proposed dumpster locations interfere with visibility for cars backing out of parking spaces adjacent to the trash enclosures. The layout of these enclosures should be revised and coordinated with the Sanitary Services Corp. (SSe) and applicant is required to resolve the differences with Sanitary Services prior to the public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. 5. No gating of the main access is proposed or approved. Only gating of the emergency access is allowed. Design requirements (i.e., break-away gate, etc.) shall be coordinated with the fire department. 6. Proposed parking includes 201 parking spaces, which allows for 2 spa~es p'er unit, plus 6 accessible spaces, plus 19 visitor spaces. Parking shaH be installed-per the approved plan and meet all dimensional requirements of the city ordinances. "7. All improvements shall meet all federal requirements of the Americans with Disabilities Act and the Fair Housing Act. ORDER CONDITIONAL USE PERMIT (CUP-02-002) -2 8. The Settlers Canal shall be tiled per City Ordinance. However, the Jackson Drain shall remain open and improved as an amenity to the project with a pathway and associated landscaping. 9. All common area landscaping shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 10. The pathway shall be constructed prior to issuance of any occupancy permit. 1 [. Side yard setback of five (5) feet shall be required. Applicant shall be required to meet all building code and fire code requirements. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: 1. Applicant should be required to construct an emergency turnaround located in the center. of the proposed subdivision. Applicant should be required to "vork with the Fire Department staff for the location of the emergency turnaround. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Construct curb, gutter, 5~foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate ~the driveway approximately 100-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. Applicant is proposing an "emergency access only" located approximately 190-feet ORDER CONDITIONAL USE PERMIT (CUP-02-002) - 3 north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved vvith this application. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 6. If utility relocation is necessalY to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. Adopt the Central District Health Department requirements as follows: 1. 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. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by~the developer. The pathway shall connect to the Elliott Park Subdivision path. It wQuld be acceptable for the 10' vvide pathway to be an easement or common lot deed when completed. . .. Additionally, comply vvith the action of the Council from their meeting held on Tuesday, April 2, 2002 as follows: ORDER CONDITIONAL USE PERMIT (CUPw02w002) -4 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 2. That all improvements within the subdivision shall be completed prior to any occupancies on any of the buildings. Additionally, as long as they meet or exceed the requirements of the three buildings, then they would be allowed to proceed with the Building Permit. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as acondition of approval of the application fOf 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 regulaf meeting held on the ! brb- day of ~~ ~. Copy served upon Applicant, the Planning and Zoning Department, Public Works ORDER CONDITIONAL USE PERMIT (CUP-02-002) - 5 Department and City Attorney. By:dI~~~() City Clerk Dated: ~-Il./tl Z-- ;. -:c' Z:\Work\M\Meridian\tv1eridian J 5360M\Cooper Canyon Sub AZ02.002 )@_))! cup)@J)@\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-002) - 6