HomeMy WebLinkAboutMoshers Farm Subdivision CUP-02-031
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERl\1IT FOR A PLANNED
DEVELOPMENT FOR MOSHERS
FARM SUBDIVISION IN AN R-8
ZONE, LOCATED AT 895 N. TEN
MILE ROAD, MERIDIAN, IDAHO
CMD, INC.
APPLICANT
C/C 12/10/02
Revised 01/14/03
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Case No. CUP-02-031
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 011 Decenlber 10,2002 at the hour 0[7:00 p.m~, at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, Brad Watson of the Public Works Department, Rod Ralphs, Doug Campbell, and
hma Atkinson, appeared and testified, and the City Council having duly considered the evidence
and the record in this matter and the Recommendations to City Council issued by the Planning
and Zoning Commission who conducted a public hearing and the Council having heard and
taken oral and written testimony, and having duly considered the matter, the City Council hereby
makes the following Findings of Fact, Conclusions of Law and Decision and Order .to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
(2) consecutive weeks prior to the said pu.blic hearing scheduled for December 10, 2002, before
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the 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 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 December 10, 2002, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence~
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 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~ 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 895 N. Te.n Mile Road, Meridian, Idaho.
5. The owner of record of the subject property is Betty Mosher, 895 N~ Ten Mile
Road, Meridian, Idaho 83642.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
6. Applicant is CMD, Inc., 1661 Shoreline Drive, Boise, Idaho 83702.
7~ The subject property is currently zoned RUT by Ada County. There is, however)
an application for annexation and zoning to R-8 before the City Council. The zoning district of
R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development consisting of 25 building lots, 1 single family existing home, and 6 common lots.
The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance
requires a conditional use permit be obtained for most uses including those requested by the
Applicant (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan~
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns of Wendel Bigham, Joint School
District No.2, expressed in his letter dated September 23, 2002.
12. 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 zonil1g maps thereof, and the Amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and Maps and the Ordinance estab.lishing the
Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A~ Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The elevations presented by the applicant during the hearing are acceptable and
will fit on the lots shown in response to staff comment "A" on page 9 of the staff
report~
2~ The two amenities for the planned development are recommended for approval as
follows: (1) expanded open space" with pathways and (2) half-court basketball
court
B~ Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Comments (Conditional Use Permit)
1 ~ Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2~ All site improvements (landscaping, irrigation, etc.) for the ~57-acre park/drainage
pond and pathway area shall be complete prior to the issuance of occupancy permits
for any building within the subdivision~
3. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
c~ Adopt the following Recommendations of the ACHD as may be modifie~ by ACHD from
time to time, provided, however, notice of any proposed changes, and meaningful
opportunity to comment shall be given to the City before ACHD takes any official action
to modify the requirements set forth herein.
Site Specific Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT.. 4
1. Dedicate 48-feet afright-of-way from the centerline ofTen Mile Road abutting
the parcel by means of a warranty deed~ The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested. material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with ACHD Ordinance #195~ The Applicant shall
comply with the Ada County Highway District requirements as submitted or as
expressly modified by ACHD~
2~ Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the Dis-
trict for the required street improvements of approximately 495-feet of 5-foot
wide concrete sidewalk abutting the parcel, prior to District approval of the final
plat or issuance of a building permit (or other required permits), whichever occurs
first.
3~ Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile
Road approximately IOO-feet south of the north property line, as proposed. This
roadway location meets District policy and is approved with this application~
4~ Construct West Ashley Avenue with 21-foot street sections on either side of a
center median. The median shall be constructed a minimum of 4-feet wide
(maximum 12-feet wide) to total a minimum ofa IOO-square foot area~ The
applicant will be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
5~ Construct North Brittney Court approximately 180-feet west ofTen Mile Road
(measured from centerline to centerline)~ This location meets District policy for
offset requirements and shall be approved as proposed. Construct all public roads
within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide
concrete sidewalks within 50-feet ofright-of-way~
6~ Construct an ACHD approved turnaround at the end of West Ashley Avenue and
North Brittney Court~ The turnarounds shall be constructed to prov~de a
minimum turning radius of 45-feet and provide a minimum of a ~9-fo(jt street
section on either side of any proposed center islands within the tumarounds~ The
medians shall be constructed a minimum of 4-feet wide to total a minimum of a
IOO-square foot area. Submit a design of the turnaround for review and approval
by District staff~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
7. Other than the access point specifically approved with this application, direct lot
or parcel access to Ten Mile Road is prohibited~ Lot access restrictions, as
required with this application, shall be stated on the final plat
8. Any 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
9~ Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer~
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development Contact
Construction Services at 387-6280 (with file number) for details~
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6~ The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformanc~ with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 6
9~ It is the responsibility of the applicant to verify all existing utilities within the
right-of-way~ The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way~ The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden s"hall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A~
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3 ~ Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface._with a
minimum width of 20' available at all times. UFC 902~2~2~ 1
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901~4.2 & 901..3
7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11,
12, 13, 14, 22, 24, and 25.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
E~ Adopt the Recommendation of the Narnpa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application~
F. Adopt the Recommendation of Central District Health Department 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.
2~ Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and d.esign a
stormwater managem.ent system that prevents groundwater and surface water
degradation.
G~ Adopt the action of the City Council taken at their December 10, 2002 meeting as follows:
1. The applicant shall be required to tile the Ten Mile Drain at the east end to accept
the sidewalk and the tiling shall be sufficient enough to allow the sidewalk to be
extended, and applicant shall install railing between the edge of the tile and the
sidewalk to promote pedestrian safety.
2. That the Applicant, due to the existing house located in the southeast comer on
Lot 27 Block 1 of the property, shall be allowed a 12 foot rear setbacku
3. The Applicant shall be allowed a minimum house size to be 1,150 sq~ ft~
14~ 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; it is found
that the subject property is large enough to accommodate the requested use and all other required
features. Th.e submitted elevations for the homes that will be located within this subdivision will
not fit on all of the building lots proposed for this subdivision. Lots 10 and 11 are too narrow for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
construction of any of the proposed footprints. It is recommended that the applicant provide
additional elevations and footprints of homes that will be able to be constructed on these lots.
15. That the proposed use and development plan will be harmonious with the
Amended Meridian Comprehensive Plan and in accordance with the requirements of this
Ordinance; it is found that the current Amended Comprehensive Plan Land Use Map adopted
August 6, 2002, Resolution No~ 02-382, designates the property as "Medium Density
Residential". The proposed high density residential uses are harmonious with and in accordance
with the Amended Comprehensive Plan~ The project is being proposed as a conditional use for a
platUled development in order to allow reduced lot sizes, reduced street frontages, and reduced
setbacks. lfthe project is approved as a PlatUled Development, it will meet the minimum
requirements of the MCC~
16. It is found that the proposed townhouse use will be harmonious with the intended and
existing character of the area. Berkley Square, directly north of the proposed project is similar in
density and size~
17~ It is not anticipated that the proposed project will have an adverse impact on other
properties within the vicinity.
18. 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, and sewer or that the person responsible for the establishment of proposed cqnditional
uses shall be able to provide adequately any such services.
19. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
community.
20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result
from the proposed use.
21~ That the proposed use will not create significant interference with any traffic on the
surrounding public streets. ACHD did submit a report for the project
22. 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. Existing trees greater than 4"
caliper must be retained or mitigated for, ifremoved.
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 (r.C~ S67-6503).
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 permit~ 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 of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code 9 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c~ That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f~ That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That tIle proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h~ That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance~ ..
5. Prior to granting a conditional use permit in the Medium Density Residential
District (R-8), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the land under consideration for the conditional use permit all in accordance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
the provisions of Meridian City Code 9 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 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."
6~ Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
c~ Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
Ordinance.
8~ The City of Meridian has, by ordinance, established the hnpact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No~ 02-382 and Maps~
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1 ~ That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 25 building lots, 1 single family existing home, and 6 common lots in
an R-8 zone located 895 N. Ten Mile Road, Meridian, Idaho, subject to the following conditions
of use and development, subject to the following:
A~ Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The elevations presented by the applicant during the hearing are acceptable and
will fit on the lots shown in response to staff comment "A" on page 9 of the staff
report.
2~ The two amenities for the planned development are recommended for approval as
follows: (1) expanded open space with pathways and (2) half-court basketball
court
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Comments (Conditional Use Permit)
1 ~ Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
2~ All site improvements (landscaping, irrigation, etc..) for the .57-acre park/drainage
pond and pathway area shall be complete prior to the issuance of occupancy permits
for any building within the subdivision..
3. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act
C.. Adopt the following Recommendations of the ACHD as may be modified by ACHD from
time to time, provided, however, notice of any proposed changes, and meaningful
opportunity to comment shall be given to the City before ACHD takes any official action
to modify the requirements set forth herein~
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline ofTen Mile Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with ACHD Ordinance #195. The Applicant shall
comply with the Ada County Highway District requirements as submitted or as
expressly modified by ACHD.
2. Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the Dis-
trict for the required street improvements of approximately 495-feet of 5-foot
wide concrete sidewalk abutting the parcel, prior to District approval of the final
plat or issuance of a building permit (or other required permits), whichever occurs
first.
3. Construct the main entrance to th.e subdivision, West Ashley Avenue, on Ten Mile
Road approximately IOO-feet south of the north property line, as proposed~ This
roadway location meets District policy and is approved with this application.
4. Construct West Ashley Avenue with 21-foot street sections on either side of a
center median. The median shall be constructed a minimum of 4-feet wide
(maximum 12-feet wide) to total a minimum ofa IOO-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
5~ Construct North Brittney Court approximately lBO-feet west ofTen Mile Road
(measured from centerline to centerline). This location meets District policy for
offset requirements and shall be approved as proposed. Construct all public roads
within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wid.e
concrete sidewalks within 50-feet of right-of-way.
6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and
North Brittney Court The turnarounds shall be constructed to provide a
minimum turning radius of 45-feet and provide a minimum of a 29-foot street
section on either side of any proposed center islands within the turnarounds~ The
medians shall be constructed a minimum of 4-feet wide to total a minimum of a
I DO-square foot area. Submit a design of the turnaround for review and approval
by District staff.
7. Other than the access point specifically approved with this application, direct lot
or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
8. Any 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.
9. Comply with all Standard Conditions of Approval~
Standard Conditions of Avproval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way~
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3~ Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowe.~ unless
approved in writing by the District Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
specifically waived herein~ An engineer registered in the State of Idaho shall
prepare and certify all improvement plans~
6~ The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes~
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy~
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way~ The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
lO~ No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought
D~ Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for d.uration of2 hours to service the entire project Fire hydrants shall
be placed an average of 400' apart 1997 UFe Appendix III-A.
2~ Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT.. 16
3~ Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department
4. All roads shall have a turning radius of28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with a
minimum width 0[20' available at all times~ UFe 902.2.2..1
6. Operational fire hydrants and. temporary or permanent street signs are required
before combustible construction begins. UFe 901.4.2 & 901.3
7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11,
12, 13, 14, 22, 24, and 25~
E. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
F4 Adopt the Recommendation of Central District Health Department as follows:
14 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~ Run-off is not to create a mosquito breeding problem~
3 - Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality~
44 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.
G. Adopt the action of the City Council taken at their December 10,2002 meeting as follows:
14 The applicant shall be required to tile the Ten Mile Drain at the east end to accept
the sidewalk and the tiling shall be sufficient enough to allow the sidewalk to be
extended, and applicant shall install railing between the edge of the tile and the
sidewalk to promote pedestrian safety~
2~ That the Applicant, due to the existing house located in the southeast comer on
Lot 27 Block 1 of the property, shall be allowed a 12 foot rear setback..
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
3. The Applicant shall be allowed a minimum house size to be 1,150 sq~ ft~
2~ The conditions shall be reviewable by the Council pursuant to Meridian City Code
S 11-17-9~
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit
4~ That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
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 9 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twentyw<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
"AA
I Lf" ~ day of
~~a-..-1' 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED--e-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
COUNCILWOMAN CHERIE Me CANDLESS
VOTED~
COUNCILMAN WILLIA1v1 L~M. NARY
VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: wi -- I ~ -tJ .5
VOTED
MOTION: ~
APPROVED: -" -
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
BY~~~~ a-
ity Clerk ~ f/
Dated:/-I.f -tJ 3
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Z:\Work\M\Meddian\Meridian 15360M\Moshers Farm AZ02~023 PP02-021 CUP02~031\FfC]sCUP02~031.doc
FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR MOSHERS
FARM SUBDIVISION IN AN R-8
ZONE, LOCATED SOUTH 895 N.
TEN MILE ROAD, MERIDIAN,
IDAHO
CMD, INC.
APPLICANT
C/C 12/10/02
Revised 01114/03
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Case No. CUP-02-031
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the December 10, 2002, under the
provisions of Meridian City Code 9 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 a Planned
Development consisting of 25 building lots, 1 single family existing home, and 6 common lots in
an R-8 zone located 895 N. Ten Mile Road, Meridian, Idaho, subject to the following conditions
of use and development:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The elevations presented by the applicant during the hearing are acceptable and
will fit on the lots shown in response to staff comment "A" on page 9 of the staff
report.
ORDER CONDITIONAL USE PERMIT
(CUP-02-031)
-1
2. The two amenities for the planned development are recommended for approval as
follows: (1) expanded open space with pathways and (2) half-court basketball
court.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Comments (Conditional Use Permit)
1. Applicant shall meet all of the requirements ofthe preliminary plat as a condition of
the Conditional Use Permit.
2. All site improvements (landscaping, irrigation, etc.) for the .57-acre park/drainage
pond and pathway area shall be complete prior to the issuance of occupancy permits
for any building within the subdivision.
3. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
C. Adopt the following Recommendations of the ACHD as may be modified by ACHD from
time to time, provided, however, notice of any proposed changes, and meaningful
opportunity to comment shall be given to the City before ACHD takes any official action
to modify the requirements set forth herein.
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline ofTen Mile Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with ACHD Ordinance #195. The Applicant shall
comply with the Ada County Highway District requirements as submitted or as
expressly modified by ACHD.
2. Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the Dis-
trict for the required street improvements of approximately 495-feet of 5-foot
wide concrete sidewalk abutting the parcel, prior to District approval of the final
ORDER CONDITIONAL USE PERMIT
(CUP-02-031)
-2
plat or issuance of a building permit (or other required permits), whichever occurs
first.
3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten Mile
Road approximately I DO-feet south of the north property line, as proposed. This
roadway location meets District policy and is approved with this application.
4, Construct West Ashley Avenue with 21-foot street sections on either side ofa
center median. The median shall be constructed a minimum of 4- feet wide
(maximum 12-feet wide) to total a minimum of a IOO-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
5. Construct North Brittney Court approximately 180-feet west ofTen Mile Road
(measured from centerline to centerline). This location meets District policy for
offset requirements and shall be approved as proposed. Construct 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.
6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and
North Brittney Court. The turnarounds shall be constructed to provide a
minimum turning radius of 45-feet and provide a minimum of a 29-foot street
section on either side of any proposed center islands within the turnarounds. The
medians shall be constructed a minimum of 4-feet wide to total a minimum of a
IOO-square foot area. Submit a design of the turnaround for review and approval
by District staff.
7. Other than the access point specifically approved with this application, direct lot
or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
8. Any 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.
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
ORDER CONDITIONAL USE PERMIT
(CUP-02-031)
-3
(
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically
waived herein. An engineer registered in the State ofIdaho shall prepare and
certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design
changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District
Road hnpact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585)
at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event
any ACHD conduits (spare or filled) are compromised during any phase of
construction.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized rep\esentative
and an authorized representative of the Ada County Highway District. The
burden shall be upon the applicant to obtain written confirmation of any change
from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
ORDER CONDITIONAL USE PERMIT
(CUP-02-031)
-4
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire
Department.
4. All roads shall have a turning radius of 28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11,
12, 13, 14,22,24, and 25.
E. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
F. Adopt the Recommendation of Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be subqtitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
ORDERCONDITIONALUSEPERNrrT
(CUP-02-031)
-5
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
storm water management system that prevents groundwater and surface water
degradation.
G. Adopt the action of the City Council taken at their December 10, 2002 meeting as follows:
1. The applicant shall be required to tile the Ten Mile Drain at the east end to accept
the sidewalk and the tiling shall be sufficient enough to allow the sidewalk to be
extended, and applicant shall install railing between the edge of the tile and the
sidewalk to promote pedestrian safety.
2. That the Applicant, due to the existing house located in the southeast corner on
Lot 27 Block 1 of the property, shall be allowed a 12 foot rear setback..
3. The Applicant shall be allowed a minimum house size to be 1,150 sq. ft.
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 9 11-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
/4:~
day of
~~~
,2003.
o rt D. Corrie, Mayor City of Meridian
ORDER CONDITIONAL USE PERNUT
(CUP-02-031)
-6
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
BY~~~~~
City Clerk
Dated:
-
-
-.
Z:\Work\M\Meridian\Meridian 1 5360M\Moshers Farm AZ02-023 PP02-021 CUP02-031 \OrderCUP .doc
ORDER CONDITIONAL USE PERMIT
(CUP-02-031)
-7