HomeMy WebLinkAboutPackard Estates Subdivision No. 2 CUP-01-008BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05-15-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR 3
RESIDENTIAL LOTS TO BE
DEVELOPED AS SUBDIVISION
POOL, CLUBHOUSE AND
RECREATION AREA IN A R-4
ZONE FOR PACICARD ESTATES
NO. 2 SUBDIVISION,
LOCATED AT THE
NORTHEAST CORNER OF N.
HICKORY WAY AND NIILKI
COURT, MERIDIAN, IDAHO
PAC ICARD ESTATES
DEVELOPMENT, LLC
APPLICANT
Case No. CUP-01-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entided conditional use permit application having come
before the City Council on May 1, 2001, and continued until May 15, 2001, at the
hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
Shari Stiles; Planning and Zoning Administrator, appeared and testified, and
appearing on behalf of the Applicant was Craig Groves, and appearing with
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-OI-008)
comments and/or concerns were Helen Sharp and Dale Sharp, 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 (2) consecutive weeks prior to the said public hearing scheduled for May 1,
2001, and continued until May 15, 2001, 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
annotmcements; and the matter having been duly considered by the City Council at
the May 1, 2001, and continued until May 15, 2001, public hearing; and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-008) 2
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 {}67-6509, 6512, and Meridian City Code {}{} 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 R-4 zone and 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 northeast corner of N. Hickory Way and
Nikki Court, Meridian, Idaho.
5. The owner of record of the subject property is Packard Estates
Development, LLC of Boise, Idaho.
6. Applicant is owner of record.
7. The subject property is currently zoned R-4. The zoning district of R-4
is defined within the City of Meridian Zoning and Development Ordinance, Section
11,7-2.
The proposed application requests a conditional use permit for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-008)
development of a pool clubhouse and recreation area. The R-4 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.
I0. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. 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 following is also found to be required to mitigate the effects of the
proposed use and development upon services delivered by political subdivisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-008) 4
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 Engineering
Staff as follows:
12.1
12.2
12.3
12.4
12.5
12.6
Off-street parking shall be provided in accordance with Section I 1-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
All construction shall Conform to the requirements of the Americans
with Disabilities Act.
12.7
12.8
Parking: The site plan displays 8 parking spaces (10 standard stalls and
1 handicap accessible stall).
Landscaping: The landscape plan, sheet L-l, indicates that the
recreation center shall be surrounded by thirty-four new 2 inch (2")
caliper trees (5 Royal Crabs, 7 Patmore Ashes, 3 Norwegian Sunset
Maples, and 19 Norway Spruces) numerous shrubs and approximately
4500 square feet of lawn space. The proposed landscaping exceeds the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-O08)
5
12.9
12.10
12.11
12.12
12.13
12.14
minimum landscaping requirements found in the Landscaping
Ordinance (12-13).
The landscaping berm located on the western property line shall not
exceed a 2:1 (horizontal: vertical) slope, per section 12-12-7-13 of the
Landscaping Ordinance.
All trees planted within the vision triangle shall be pruned to a
minimum of eight feet above the grade adjacent to the tree, per section
12-13-9-5 of the Landscaping Ordinance.
Irrigation: An underground, pressurized irrigation system shall be
installed to all landscaped areas. Performance specifications shall be
required prior to approval of the CZC.
Lighting: Ail exterior lighting shall be down shielded or shrouded so as
to shield the existing and future single family dwellings from the
additional lighting.
Drainage: A proposed site drainage plan shall be approved by the City
Public Works Department prior to construction.
Trash: No new outdoor trash areas are proposed on Sheet L1. If the
Applicant intends to have any new trash enclosures other than standard
cans, they shall be screened from view and not be visible by the public
or from adjacent properties.
Hours of Operation: The application does not address the issue of hours
of operation. Because this is a subdivision amenity, the hottrs of
operation shall be determined by the Home Owners Association.
Certificate of Occupancy: All required improvements shall be complete
prior to obtaining a Certificate of Occupancy. A Temporary Certificate
of Occupancy may be obtained by providing surety to the City in the
form of a Letter of Credit or cash in the amount of 110% of the cost of
the required improvements (including paving, striping, landscaping, and
irrigation). A bid shall accompany any request for Temporary
Occupancy. Any Temporary Occupancy shall not exceed 60 days to
complete the required improvements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-O08)
6
12.15 Sanitary sewer and water service to this site shall be provided via
existing lines adjacent to the site.
12.16 In accordance with City Ordinance 11-13-4.B.2., underground year-
round pressurized irrigation shall be provided to all landscape areas on
site. Submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or
well water for the primary source. If City water is proposed as a
secondary source, developer shall be responsible to pay water
assessments for the landscaped areas.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
12.17 Any encroachments within the easement of the Stokesberry Lateral
without a signed License Agreement are prohibited.
Adopt the Recommendations of the Meridian Fire Department as follows:
12.18 Applicants shall satisfy all fire code requirements including those
pertaining to water supply systems and fire hydrants and obtain
approval from all departments.
12.19 Access to the Clubhouse and poolhouse shall be approved by the
Meridian Fire Department. Applicant shall demonstrate how the pool
shall be secured during off hours.
Adopt the Recommendations of the Central District Health Department as follows:
12.20 Applicant shall provide plans for review for swimming pools and/or spas.
Adopt the Recommendations of the Central District Health Department as follows:
12.21 The District shall not hear this proiect unless the site plan is changed in
such a manner as to require Commission review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-OI-008)
7
12.22 ACHD policy requires that before any improvements of any ldnd are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
12.23 All future design plans and construction shall be in accordance with the
Ada Cotmty Highway District Policy Manual, [SPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
13. 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:
13.1 The subject property is designated on the "Generalized Land Use Map"
as "Mixed/Planned Use Development".
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.
15.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-008)
8
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 scenic feature of major importance relating to the property.
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 Cotmcil 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-008)
9
which the City of Meridian has done in the adoption of its zoning ordinances.
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 § 11-17-
3)
a. Will, in fact, constitute a conditional use as determined by City policy;
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
same area;
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-OI-O08)
10
5. Prior to granting a conditional use permit in the Low Density
Residential District (R-4), 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 ex~cernal boundaries of the land under consideration for the
conditional use permit all in accordance with 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 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 § 11-17-6)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-O08)
11
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
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
development of a pool, clubhouse and recreation area in an R-4 zone located at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-O08) 12
northeast corner of N. Hid<ory Way and Nildd Court, Meridian, Idaho, subject to
the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
1.1
1.2
1.3
1.4
1.5
1.6
Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
1.7
1.8
Parking: The site plan displays 8 parldng spaces (10 standard stalls and
1 handicap accessible stall).
Landscaping: The landscape plan, sheet L-l, indicates that the
recreation center shall be surrounded by thirty-four new 2 inch (2")
caliper trees (5 Royal Crabs, 7 Patmore Ashes, 3 Norwegian Sunset
Maples, and 19 Norway Spruces) numerous shrubs and approximately
4500 square feet of lawn space. The proposed landscaping exceeds the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-OI-O08)
13
1.9
1AO
IAI
1.12
1.13
1.14
minimum landscaping requirements found in the Landscaping
Ordinance (12-13).
The landscaping berm located on the western property line shall not
exceed a 2:1 (horizontal: vertical) slope, per section 12-12-7-13 of the
Landscaping Ordinance.
All trees planted within the vision triangle shall be pruned to a
minimum of eight feet above the grade adjacent to the tree, per section
12-13-9-5 of the Landscaping Ordinance.
Irrigation: An underground, pressurized irrigation system shall be
installed to all landscaped areas. Performance specifications shall be
required prior to approval of the CZC.
Lighting: Ail exterior lighting shall be down shielded or shrouded so as
to shield the existing and future single family dwellings from the
additional lighting.
Drainage: A proposed site drainage plan shall be approved by the City
Public Works Department prior to construction.
Trash: No new outdoor trash areas are proposed on Sheet L1. If the
Applicant intends to have any new trash enclosures other than standard
cans, they shall be screened from view and not be visible by the public
or from adjacent properties.
Hours of Operation: The application does not address the issue of hours
of operation. Because this is a subdivision amenity, the hours of
operation shall be determined by the Home Owners Association.
Certificate of Occupancy: Ail required improvements shall be complete
prior to obtaining a Certificate of Occupancy. A Temporary Certificate
of Occupancy may be obtained by providing surety to the City in the
form of a Letter of Credit or cash in the amount of 110% of the cost of
the required improvements (including paving, striping, landscaping, and
irrigation). A bid shall accompany any request for Temporary
Occupancy. Any Temporary Occupancy shall not exceed 60 days to
complete the required improvements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-008)
14
1.15 Sanitary sewer and water service to this site shall be provided via
existing lines adjacent to the site.
1.16
In accordance with City Ordinance 11-13-4.B.2., underground year-
round pressurized irrigation shall be provided to all landscape areas on
site. Submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or
well water for the primary source. If City water is proposed as a
secondary source, developer shall be responsible to pay water
assessments for the landscaped areas.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1.17 Any encroachments within the easement of the Stokesberry Lateral
without a signed License Agreement are prohibited.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.18 Applicants shall satisfy all fire code requirements including those
pertaining to water supply systems and fire hydrants and obtain
approval from all departments.
1.19 Access to the Clubhouse and poolhouse shall be approved by the
Meridian Fire Department. Applicant shall demonstrate how the pool
shall be secured during off hours.
Adopt the Recommendations of the Central District Health Department as follows:
1.20 Applicant shall provide plans for review for swimming pools and/or spas.
Adopt the Recommendations of the Central District Health Department as follows:
1.21 The District shall not hear this project urdess the site plan is changed in
such a manner as to require Commission review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-008)
15
1.22 ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
1.23 All future design plans 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 in writing by
the District.
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 Worlcs Deparunent 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 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 (CUP-OI-O08) 16
52, Tide 67, Idaho Code.
By action of the City Council at its regular meeting held on the
dayof xCTt~ , 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED_~
VOTED
VOTED__~
VOTED_~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: b ~-~--~9/
VOTED
MOTION:
APPROVE~
DISAPPROVED:
City Clerk
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney. ~,,~,~ O1: ~.~.'.
Dated: - - . ~ ~1]1~11[~
Z:\WorkXNILMetidianCderidian 15360M~adcard Est No 2 CUPO1-008XFfCIsCUPO1-008.doc a, ~,~,3~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-Oi-O08)
17
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/15/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR 3
RESIIDENTIAL LOTS TO BEW
DEVELOPED AS SUBDIVISION
POOL, CLUBHOUSE AND
RECREATION AREA IN A R-4
ZONE FOR PACKARD ESTATES
NO. 2 SUBDIVISION,
LOCATED AT THE
NORTHEAST CORNER OF N.
HICKORY WAY AND NIIrdrd
COURT, MERIDIAN, IDAHO
PACKARD ESTATES
DEVELOPMENT, LLC
APPLICANT
Case No. CUP-01-008
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the ! 5th day of May,
2001, under the provisions of Meridian City Code § 1 I-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
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY PACICA~RD
ESTATES DEVELOPMENT, LLC / CUP-01-008
-I
development of a pool, clubhouse and recreation area in an R-4 zone located at the
northeast comer of N. Hickory Way and Nildd Court, Meridian, Idaho, subject to
the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1
2.2
2.3
2.4
2.5
2.6
Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with fianericans with
Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.7
2.8
Parking: The site plan displays 8 parking spaces (10 standard stalls and
1 handicap accessible stall).
Landscaping: The landscape plan, sheet L-1, indicates that the
recreation center shall be surrounded by thirty-four new 2 inch (2")
caliper trees (5 Royal Crabs, 7 Patmore Ashes, 3 Norwegian Sunset
Maples, and 19 Norway Spruces) numerous shrubs and approximately
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY PACKARD
ESTATES DEVELOPMENT, LLC / CUP-01-008
-2
2.9
2.10
2.11
2.12
2.13
2.14
4500 square feet of lawn space. The proposed landscaping exceeds the
minimum landscaping requirements found in the Landscaping
Ordinance (12-13).
The landscaping berm located on the western property line shall not
exceed a 2:1 (horizontal: vertical) slope, per section 12-12-7-13 of the
Landscaping Ordinance.
All trees planted within the vision triangle shall be pruned to a
minimum of eight feet above the grade adjacent to the tree, per section
12-13-9-5 of the Landscaping Ordinance.
Irrigation: An underground, pressurized irrigation system shall be
installed to all landscaped areas. Performance specifications shall be
required prior to approval of the CZC.
Lighting: Ail exterior lighting shall be down shielded or shrouded so as
to shield the existing and future single family dwellings from the
additional lighting.
Drainage: A proposed site drainage plan shall be approved by the City
Public Works Department prior to construction.
Trash: No new outdoor trash areas are proposed on Sheet L1. If the
Applicant intends to have any new trash enclosures other than standard
cans, they shall be screened from view and not be visible by the public
or from adjacent properties.
Hours of Operation: The application does not address the issue of hours
of operation. Because this is a subdivision amenity, the hours of
operation shall be determined by the Home Owners Association.
Certificate of Occupancy: Ail required improvements shall be complete
prior to obtaining a Certificate of Occupancy. A Temporary Certificate
of Occupancy may be obtained by providing surety to the City in the
form of a Letter of Credit or cash in the amount of 110% of the cost of
the required improvements (including paving, striping, landscaping, and
irrigation). A bid shall accompany any request for Temporary
Occupancy. Any Temporary Occupancy shall not exceed 60 days to
complete the required improvements.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY PACKARD
ESTATES DEVELOPMENT, LLC / CUP-01-008
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2.15 Sanitary sewer and water service to this site shall be provided via
existing lines adjacent to the site.
2.16
In accordance with City Ordinance 11-13-4.B.2., underground year-
round pressurized irrigation shall be provided to all landscape areas on
site. Submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or
well water for the primary source. If City water is proposed as a
secondary source, developer shall be responsible to pay water
assessments for the landscaped areas.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
2.17 Any encroachments within the easement of the Stokesberry Lateral
without a signed License Agreement are prohibited.
Adopt the Recommendations of the Meridian Fire Department as follows:
2.18
Applicants shall satisfy all fire code requirements including those
pertaining to water supply systems and fire hydrants and obtain
approval from all departments.
2.19
Access to the Clubhouse and poolhouse shall be approved by the
Meridian Fire Department. Applicant shall demonstrate how the pool
shall be secured during off hours.
Adopt the Recommendations of the Central District Health Department as follows:
2.20 Applicant shall provide plans for review for swimming pools and/or spas.
Adopt the Recommendations of the Central District Health Department as follows:
2.21 The District shall not hear this proiect unless the site plan is changed in
such a manner as to require Commission review.
2.22
ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY PACICARD
ESTATES DEVELOPMENT, LLC / CUP-01-008
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2.23
All future design plans 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 in writing by
the District.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
dayof ~'~ot.e.~
~2001.
R~_)rt D. ~orrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk '
Dated:
Z:\Work'qVlhMerictian'qvleridian 15360IVl~ad~ard Est No 2 CUP01-008\OrderCUP01-008.doc
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY PACIrOkRD
ESTATES DEVELOPMENT, LLC /CUP-01-008
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