HomeMy WebLinkAboutResolution Business Park CUP 00-016BEFORE THE MERIDIAN CITY COUNCIL
06-14-00
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR 200 UNIT
APARTMENT COMPLEX
LOCATED AT LOCUST GROVE
AND OVERLAND ROADS,
MERIDIAN, IDAHO
DESERT WEST PROPERTIES,
LLC
APPLICANT.
Case No. CUP-00-O16
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 June 6, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shad Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt,
Briggs Engineering, Inc., and appearing and testifying with comments or concerns were:
Marion Burtell, Ted Suthedand, Bruce Waite, Dave Sheppard, John Shipley, LaceyWhite,
Norma Gale, and Michelle Barton, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-016
- 1
matter, the City Coundl hereby malces the following Findings of Fact, Conclusions of Law
and Decision and Order to-wit:
FINDINGS OF FACT
I. 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 June 6, 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 (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 Cotmcil at the
June 6, 2000, public hearing; and the applicant, affected property owners, and govemment
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 §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Marling, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-O 16
-2
3. This proposed development request is in Ada County (R-T) and Meridian (R-
4), by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at the SE comer of Overland Road and S. Locust
Grove Road, Meridian, Idaho.
5. The owners of record of the subject property are G. L. Voigt of Idaho Falls
and R. Craig Groves of Boise.
6. Applicant is Desert West Properties, LLC of Meridian.
7. The subject property is currently zoned Ada County (R-T) and Meridian R-4.
There is a current application and recommendation before the Meridian City Council for
rezoning to DO and C-N. The zoning districts of L-O and C-N 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 200 unit
luxury apartment complex. The zoning designation 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 Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX/CUP-00-016 - 3
conditional Use as determined by City Ordinance.
11. The Meridian City Coundl takes judidal 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
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:
Adopt the Recommendations of the Planning and Zoning and Engineering departments
as follows:
12.A This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
permits and conditional recommendations contained in AZ-00-004, RZ-
00-003, PP-00-O06, CUP-00-015, CUP-00-O 16 and CUP-00-O 17, will
apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
12.1 All requirements provided in the PD-C section that apply to Site "B"
(apartment complex) shall be incorporated here. Additionally, the
Applicant is proposing 152 tandem parking spaces for the complex. If the
tandem parking is subtracted from the total parking provided would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-O16
-4
12.2
401 spaces, and the parldng shall be limited to the 401 parking spaces for
this project.
The Applicant is proposing to construct the complex in two (2) phases,
with the first phase consisting of approximately 140 tmits and the
clubhouse. The number of units constructed in phase 1 shall be limited to
a maximum of one hundred and forty (140) dwelling units and that no
more units be granted occupancy until Overland Road capacity is
improved.
12.3 Overland Road between Locust Grove and Eagle Road is currently a two-
lane, non-signalized arterial. Numerous traffic concerns have been entered
into the public record regarding the capacity of both Overland Road and
Locust Grove Road. Traffic was cited as one of the principal reasons for
the City's denial of the proposed Sundance Apartments at the NW corner
of Locust Grove Road and Overland Road last Fail. Dobie Engineering's
traffic study lists Overland Road (east of Locust Grove Road) as having
11,230 vehicles/day in 7/98. Over the past twenty (20) months, this
figure has certainly increased; espedally factoring in the new homes built
in Sherbrooke Hollows to the south. Dobie's study estimates 1,170 new
trips/day to be generated by the apartment complex and 335 new
trips/day generated by the ice arena. The study also projects a Level of
Service "F" for the left-tm outs from all three Overland Road driveways
until signals are installed. The study further assumes the high school,
potentially slated for construction in 2001 (which is the same year as the
apartment complex), will generate 3,000 trips/day and 250 peak hour
trips.
Overland Road is designated in the Transportation Improvement Program
(TIP) as a 5-lane arterial with bike lanes to be constructed in 2005.
Limiting new development on the subject site, to the Ice Arena and thirty
(30) apartments would facilitate a smoother transition for the
neighborhoods and ~ase the impact on Overland Road until such time as
it is widened and signalized.
12.4
All applicable Fair Housing and ADA requirements for multi-family
housing must be met, including accessibility design for the ground floor
units. Handicap parking shall be provided to serve the Clubhouse.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-O0-016
-5
12.5 The requirement fora maintenance building is waived for this permit.
Adopt the Recommendations of the Meridian Fire Department, Central District Health
Department, and Nmnpa & Meridian Irrigation District as follows:
12.6
Kenny Bowers, Meridian Fire Department, requires all roads and street
name signs to be installed before building is started. All codes, hydrants,
fire sprinlder system shall be approved. Additionally, if the "T's" by the
apartment building are turn-arounds, there can be "no parking" of
vehicles, trailers or equipment.
12.7
The Central District Health Department requires that written approval
for the central sewage and central shall be submitted for their approval.
Additionally, plans for the central sewage and central water shall be
approved by the Idaho Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface
water quality. Best management practices for storm water disposal and
design a storm water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
12.7.1 State of Idaho Catalogf Storm}rater Best Management Practices For Idaho
Cities and Counties. Prepared by the Idaho Division of Environment
Quality, July 1997.
12.7.2 Swrmwater Best Management Practices Guidebook. Prepared by City of
Boise Public Works Department, lanuary 1997.
12.8
13.
The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District
reserves the right to claim what they deem necessary to operate and
maintain the Hunter Lateral. All storm drainage shall be retained on site.
The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-016
-6
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Commercial".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
] 5. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, 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.
18. The development will not result in the destruction, loss or damage of
natural or s~enic feature of major importance relating to the property.
19. The Applicant stated that the CC&R's of the 200 unit luxury apartment
complex would prohibit the storage of boats, R.V.'s, trailers, etc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-016
-7
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 (I.C. §67-6503).
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 of its zoning ordinances.
4. : The City Coundl 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 andl that the proposed development: (Meridian City Code § 11-17-3)
a. Will, in fact, constitute a conditional use as determined by City policy;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX / CUP-O0-O16
-8
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
uses;
Will not be hazardous or disturbing to existing or future neighboring
e. Will be served adequately by essential public facilities and services such
as highways, streets, 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;
f. 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;
g. Will not involve uses, activities, 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. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in a Limited Office District (L-
O) and Neighborhood Business District (C-N), a public hearing shall be conducted
with notice ~o 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 the provisions of
Meridian C!ty Code § 11-17-5 City of Meridian Zoning and Development Ordinance,
which provides as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-O0-O16
-9
"Prior to approving a Conditional Use Permit, the applicant and the
Conunission and Council shall follmv notice and hearing procedures provided in
Chapter 15 of this Tide. 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 recormnendation 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 contusion of
the public hearing the Conunission 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 § 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
B.
C.
D.
E.
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-O16
- 10
F. : Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the hnpact 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 ORDEK
and this does Order that:
1. That the above named applicant is granted a conditional use permit for a
200 unit luxury apartment complex, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering departments
as follows:
This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use
permits and conditional recommendations contained in AZ-00-004, RZ-
00-003, PP-00-006, CUP-00-015, CUP-00-016 and CUP-00-017, will
apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1
All requirements provided in the PD-C section that apply to Site "B"
(apartment complex) shall be incorporated here. Additionally, the
Applicant is proposing 152 tandem parldng spaces for the complex. If the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-016
-11
1.2
1.3
1.4
tandem parlcing is subtracted from the total parlcing provided would be
401 spaces, and the parldng shall be limited to the 401 parlcing spaces for
this project.
The Applicant is proposing to construct the complex in two (2) phases,
with the first phase consisting of approximately 140 units and the
clubhouse. The number of units constructed in phase 1 shall be limited to
a maximum of one hundred and forty (140) dwelling units and that no
more units be granted occupancy until Overland Road capacity is
improved.
Overland Road between Locust Grove and Eagle Road is currently a two-
lane, non-signalized arterial. Numerous traffic concerns have been entered
into the public record regarding the capacity of both overland Road and
Locust Grove Road. Traffic was cited as one of the principal reasons for
the City's denial of the proposed Sundance Apartments at the NW comer
of Locust Grove Road and Overland Road last Fall. Dobie Engineering's
traffic study lists overland Road (east of Locust Grove Road) as having
11,230 vehicles/day in 7/98. over the past twenty (20) months, this
figure has certainly increased; especially factoring in the new homes built
in Sherbrooke Hollows to the south. Dobie's study estimates 1,170 new
trips/day to be generated by the apartment complex and 335 new
trips/day generated by the ice arena. The study also projects a Level of
Service "F" for the left-turn outs from all three overland Road driveways
tmtil signals are installed. The study further assumes the high school,
potentially slated for construction in 2001 (which is the same year as the
apartment complex), will generate 3,000 trips/day and 250 peal< hour
trips.
Overland Road is designated in the Transportation Improvement Program
(TIP) as a 54ane arterial with bike lanes to be constructed in 2005.
Limiting new development on the subiect site, to the Ice Arena and thirty
(30) apartments would facilitate a smoother transition for the
neighborhoods and ease the impact on Overland Road until such time as
it is widened and signalized.
All applicable Fair Housing and ADA requirements for multi-family
housing must be met, including accessibility design for the gromxd floor
units. Handicap parldng shall be provided to serve the Clubhouse.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-016
- 12
1.5 The requirement for a maintenance building is waived for this permit.
Adopt the Recommendations of the Meridian Fire Department, Central District Health
Department, and Nampa & Meridian Irrigation District as follows:
1.6
Kenny Bowers, Meridian Fire Department, requires all roads and street
name signs to be installed before building is started. All codes, hydrants,
fire sprinlder system shall be approved. Additionally, if the "T's" by the
apamnent building are turn-arounds, there can be "no parking" of
vehicles, trailers or equipment.
1.7
The Central District Health Department requires that written approval
for the central sewage and central shall be submitted for their approval.
Additionally, plans for the central sewage and central water shall be
approved by the Idaho Department of Health & Welfare, Division of
Environment Quality. Run-off is not to create a mosquito breeding
problem. That storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface
water quality. Best management practices for storm water disposal and
design a storm water management system that is preventing groundwater
and surface water degradation. Manuals for guidance are:
1.7.1 State of Idaho Catalog f Stormwater Best Management Practices
For Idaho Cities and Counties. Prepared by the Idaho Division of
Environment Quality, July 1997.
1.7.2 Stormwater Best Management Practices Guidebook. Prepared by
City of Boise Public Works Department, January 1997.
1.8
The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District
reserves the right to claim what they deem necessary to operate and
maintain the Hunter Lateral. All storm drainage shall be retained on site.
The Counci! adds the following condition:
1.9
That the CC&_R's of the 200 unit luxury apartment complex shall
prohibit the storage of boats, R.V.'s, trailers, etc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-016
- 13
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code §: 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 § 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 ~-~-~-
day of ~__~O~a__ ,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FOR A 200 UNIT APARTMENT
COMPLEX / CUP-00-016
VOTED__~-a--'
- 14
COUNCILPERSON KEITH BIRD
VOTED
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
VOTED~--a--
VOTED__~
MAYOR ROBERT D. (TIE BREAICER)
DATED: 6~_/%]~,~ CORRIE
VOTED '"--"
MOTION:
APPROVED~
DISAPPROVED:
Copy serVed upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By: ~_0~/~2/~ ~ ~ Dated:
City Clerk ~' ~'
msg/Z:\WorkWl'xMeridian 15360Ivl~esolution Business Park AZ RZ CUP PP\CUPFindingf
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND OtLDER GRANTING CONDITIONAL USE PERMIT
BY DESERT WEST PROPERTIES, L.L.C FORA 200 UNIT APARTMENT
COMPLEX / CUP-00-016
- 15
BEFORE THE MERIDIAN CITY COUNCIL
06-14-00
IN THE MATTER OF THE APPLICATION OF
DESERT WEST PROPERTIES, LLC, FOR A
CONDITIONAL USE PERMIT FOR 200 UNIT
APARTMENT COMPLEX LOCATED AT
LOCUST GROVE AND OVERLAND ROADS,
MERIDIAN, IDAHO
CASE NO. CUP-00-016
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 20th day of June, 2000,
under the provisions of Meridian City Code § 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for a 200
unit luxury apartment complex, the proposed application request of a conditional use
permit for the construction, development, maintenance and use for a 200 unit luxury
apartment complex, as described in the PRELIMINARY SITE PLAN - SITE "B",
DWG Date~ 02/01/00 MNM, DWG NO. 990123, SHEET 2 OF 3 SITE "B", MVIIL-
PRE1. MNM, RESOLUTION SUBDIVISION, BRIGGS ENGINEERING, INC.
ARCHITECT, and DESERT WEST PROPERTIES, LLC,, Developer, for the
development of the aforementioned planned commercial development for a 200 unit
luxury apartment complex and which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6
BY DESERT WEST PROPERTIES, LLC / CLrp-00-016
A parcel of land lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being a portion of that Remainder Parcel as
shown on Record of Survey No. 4056, records of Ada County, Idaho, more
particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T. 3N., R. 1E., B.M., thence S
00°24'16'. W 25.00 feet along the east line of the NW 1/4 of said Section 20 to a
point on the southerly fight-of-way of Overland Road and the north boundary of said
Remainder Parcel; thence N 89°52'19'' W 1,543.17 feet along said southerly right-of-
way and said north boundary to the REAL POINT OF BEGINNING of this
description;
Thence S 00°07'41" W 243.00 feet to a point;
Thence S 89°52'19" E 175.23 feet to a point;
Thence S 00°07'41'' W 30.00 feet to a point;
Thence S 89°52'19'' E 464.78 feet to a point on a curve;
Thence along a non-tangent curve to the right 312.12 feet, said curve having a radius
of 475.00 feet, a delta angle of 37°38'54", tangents of I61.93 feet, and a long chord
bearing S 20°42'28'' W 306.53 feet to a point of reverse curvature;
Thence along a curve to the left 154.74 feet, said curve having a radius of 225.00
feet, a deltalangle of 39°24'14", tangents of 80.57 feet, 0a~d a long chord bearing S
19°49'48'' W 151.71 feet to a point;
Thence S 00°07'41" W 121.35 feet to a point on the south boundary of said
Remainder Parcel;
Along the boundary of said Remainder Parcel the following;
Thence N 89°52'19'' W 763.47 feet to a point on the centefline of the Hunter
Lateral;
Thence N 05°29'17'' W 20.43 feet along said centefline to a point;
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-00-016
Thence N 1:6°14'08'' W 216.98 feet along said centerline to a point;
Thence N 18°27'39" W 470.81 feet along said centerline to a point;
Thence N 07006'04'' W 150.57 feet along said centerline to a point on the southerly
right-of-way of Overland Road;
Thence S 89°52'19" E 514.51 feet along said southerly right-of-way to the REAL
POINT OF BEGINNING of this description;
Said parcel of land contains 14.75 acres more or less.
2. That the above named applicant is granted a conditional use permit for a 200
unit luxury apartment complex, located at the southeast corner of Overland Road and
S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use
and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
departments as follows:
2.A
This project is part of a multi-faceted requested development including
annexation, rezoning, preliminary plat and three (3) conditional use permits
and conditional recommendations contained in AZ-00-004, RZ-00-003, PP-00-
006, CUP-00-015, CUP-00-016 and CUP-00-017, will apply where relevant.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
2.1
All requirements provided in the PD-C section that apply to Site "B"
(apartment complex) shall be incorporated here. Additionally, the Applicant is
proposing 152 tandem parldng spaces for the complex. If the tandem parking is
subtracted from the total parking provided would be 401 spaces, and the
parldng shall be limited to the 401 parking spaces for this project.
2.2
The Applicant is proposing to construct the complex in two (2) phases, with
the First phase consisting of approximately 140 units and the clubhouse. The
number of units constructed in phase I shall be limited to a maximum of one
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-00-016
hundred and forty (140) dwelling units and that no more units be granted
occupancy until Overland Road capacity is improved.
2.3
Overland Road between Locust Grove and Eagle Road is currently a two-lane,
non-signalized arterial. Numerous traffic concerns have been entered into the
public record regarding the capacity of both Overland Road and Locust Grove
Road. Traffic was cited as one of the principal reasons for the City's denial of
the proposed Sundance Apartments at the NW comer of Locust Grove Road
and Overland Road last Fall. Dobie Eng/neering's traffic study lists Overland
Road (east of Locust Grove Road) as having 11,230 vehicles/day in 7/98. OVer
the past twenty (20) months, this figure has certainly increased; especially
factoring in the new homes built in Sherbrooke Hollows to the south. Dobie's
study estimates 1,170 new trips/day to be generated by the apartment complex
and 335 new trips/day generated by the ice arena. The study also projects a
Level of Service "F" for the left-turn outs from all three Overland Road
driveways until signals are installed. The study further assumes the high
school, potentially slated for construction in 2001 (which is the same year as
the apartment complex), will generate 3,000 trips/day and 250 peak hour trips.
Overland Road is designated in the Transportation hnprovement Program
(TIP) as a 5-lane arterial with bike lanes to be constructed in 2005. Limiting
new development on the subiect site, to the Ice Arena and thirty (30)
apartments would facilitate a smoother transition for the neighborhoods and
ease the impact on Overland Road until such time as it is widened and
signalized.
2.4
All applicable Fair Housing and ADA requirements for multi-family housing
must be met, including accessibility design for the ground floor units.
Handicap parking shall be provided to serve the Clubhouse.
2.5 The [equirement for a maintenance building is waived for this permit.
Adopt the Recommendations of the Meridian Fire Department, Central District
Health Department, and Nampa & Meridian Irrigation District as follows:
2.6
Kenny Bowers, Meridian Fire Department, requires all roads and street name
signs to be installed before building is started. All codes, hydrants, fire
sprin!der system shall be approved. Additionally, if the "T's" by the apartment
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-00-016
2.7
building are turn-arounds, there can be "no parldng" of vehicles, trailers or
equipment.
The Central District Health Department requires that written approval for the
central sewage and central shall be submitted for their approval. Additionally,
plans for the central sewage and central water shall be approved by the Idaho
Department of Health &Welfare, Division of Environment Quality. Run-off
is not to create a mosquito breeding problem. That storm water be pre-treated
through a grassy swale prior to discharge to the subsurface to prevent impact
to ground water and surface water quality. Best management practices for
storm water disposal and design a storm water management system that is
preventing groundwater and surface water degradation. Manuals for guidance
2.7.1
State of Idaho Catalog f Stormwater Best Management Practices For
Idaho Cities and Counties. Prepared by the Idaho Division of
Environment Quality, July 1997.
2.7.2 Stormwater Best Management Practices Guidebook. Prepared by City
of Boise Public Works Department, January 1997.
2.8
The Nampa & Meridian Irrigation District notes that the Hunter Lateral
courses along the west boundary of the proposed project. The District reserves
the right to daim what they deem necessary to operate and maintain the
Hunter Lateral. All storm drainage shall be retained on site.
2.9 That the CC&R's of the 200 unit luxury apartment complex shall prohibit
the storage of boats, R.V.'s, trailers, etc.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-00-016
By action of the C~ity Council at its regular meeting held on the ~5>-/R-~ day of
~e~D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department,
Department and City Attorney.
By
City Clerk
Dated:
msg/Z:\WorkWiLMefidian 15360M~Resolufion Business Park AZ RZ CLIP PP\CUPOrderl6
Public WorLs
ORDER OF cONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6
BY DESERT WEST PROPERTIES, LLC / CUP-00-016