HomeMy WebLinkAboutParamount Sub No 2 MCU 05-001
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request to allow model homes to be constructed with zero lot frontages
(temporary private street) within Paramount Subdivision, by Paramount Development,
Inc.
Case No(s): MCU-05-001
For the Planning & Zoning Commission Hearing Date of: August 4, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the Commission public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
Commission was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the Planning & Zoning Commission at the
August 4, 2005, public hearing(s). The applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the
City of Meridian were given full opportunity to express comments and submit
evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning & Zoning Commission conducted a public hearing and issued a
written decision on the subject matter.
d. The Planning & Zoning Commission heard and took oral and written testimony and
duly considered the evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code S67-6509, 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. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-OS-OOI - PAGE 1 of 4
a. In addition to the application and property facts noted in the staff report alld the
Plarming & Zoning decision for tIle subject application(s), it is hereby verified tllat
tile property owner( s) of record at the tilne of issuance of these findings is
Paramount Development, Inc.
4. Required Findings per Zoning Ordinance
a. See attached Staff Report for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Plarming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-
6503).
2. 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. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian plarming jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval 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.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
January 6, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions
as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code S 11-17-10.C and based upon the above and foregoing Findings of Fact which are
herein adopted, it is hereby ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-OS-OO 1 - PAGE 2 of 4
1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 27,
2005 is l1ereby conditionally approved; and,
2. The Site Specific and Standard Conditions are as shown in the attached Staff Report.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) MontIl Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. 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 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Staff Report
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MeU-OS-OOI - PAGE 3 of 4
By action of the Planning & Zoning Commission at its regular meeting held on the \ sth
day of <Sr\0}r-rclbev , 2005.
C0111v1ISSIONER MICHAEL ROIDvI
VOlED~
C0111v1ISSIONER DAVID MOE
VOTED UP~
o
C0111v1ISSIONER WENDY NEWTON-HUCKABAY
VOlED Absrnb
C0111v1ISSIONER KEITH BORUP
VOlED If &-
C0111v1ISSIONER DAVID ZARE~A
(CHAIR)
VOlED~
Attest:
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
ByJ~ ~~
City Clerk
Dated:iLI5- 05
CITY OF 1vffiRIDIAN FINDINGS OF F ACT~ CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-05-001 - PAGE 4 of 4
CITY OF MERIDIAN PLANNINC,m ZONING DEPARTMENT STAFF REPORT.l ~STIONS? CALL (208) 884-5533
STAFF REPORT
P & Z Commission
Hearing Date: 8/4/2005
Planning & Zoning Commission
Craig Hood, Associate City Planner
Paramount Development CUP Modification
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FROM:
SUBJECT
MeV-05-001: Request to allow model homes to be constructed with zero lot
frontages (temporary private street).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Paramount
Development, Inc., is requesting a modification to the existing Conditional Use Pennit for a Planned
Development (CUP-03-008) for Paramount Subdivision (PP-03-004). The subject application includes
a request to construct nine model homes, a parking lot, and a temporary private street within a phase of
Paramount that has not yet been fmal platted.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on August 4, 2005. At the public hearing they moved to approve the subject request.
a. Summary of Public Hearing:
i. In favor: David Turnbull (applicant)
ii. In opposition: None
111. Commenting: None
IV. Staff presenting application: Craig Hood
v. Other staff commenting on application: Anna Canning, Mike Cole
b. Key Issues of Discussion by Commission:
i. Having a sunset date for any future hearing;
c. Key Commission Changes to Staff Recommendation (see strilt:ethrollghs and bold
and underline in Exhibit B for changes):
i. Requiring a blanket utility easement over the proposed private road (see
Conditions of Approval B2.15).
11. Requiring that when anyone of the model homes converts, the gates on Dreyfuss
Street shall be removed (see Conditions of Approval Bl.8).
111. Adding an August 2008 sunset date for any future public hearing on the model
home use (see Conditions of Approval B1.9).
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: The subject site is located within the boundaries of Paramount
Subdivision, on the east side of Fox Run Way, approximately 1,700 feet south of C hind en
Boulevard. The site is northwest of Paramount Subdivision No.3, within Section 25,
Township 4 North, Range 1 West. The subject site includes both sides of the proposed Dreyfus
Street (private), which is approximately 400-feet long.
b. Property Owner of Record: Paramount Development, Inc.
c. Applicant: Paramount Development, me.
d. Representative: Gene Smith, Engineering Northwest.
e. Present Zoning District: R-8
f. Present Comprehensive Plan Designation: Medium Density Residential
RECEIVED
SEP 1 2 2005
City of Meridian
City Clerk Office
MeV-OS-OOI
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CITY OF MERIDIAN PLANNING _..!~D ZONING DEPARTMENT STAFF REPORT. ( ~STIONS? CALL (208) 884-5533
g. Description of Applicant's Request: The applicant is requesting a modification to a previously
approved Conditional Use Permit (CUP-03-008), to construct nine model homes and a parking
lot on a proposed temporary private street (Dreyfuss Street).
1. Date of CUP site plan (attached as Exhibit AI): July 27, 2005
4. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a
public hearing is required before the Commission only on this matter. This application has
been determined to be a minor modification to the previously approved CUP application and
only requires Commission approval (MCC 11-17-10.C).
b. Newspaper notifications published on: July 18 & August 1,2005
c. Radius notices mailed to properties within 300 feet on: July 8, 2005
d. Applicant posted notice on site by:
5. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: This site is rapidly transforming from
agricultural ground to a residential subdivision. The properties to the north and east of the
Paramount Development have not yet been developed in the City. Lochsa Falls Subdivision to
the west has been approved for residential densities similar to those in Paramount.
July 26, 2005
c. Adjacent Land Use and Zoning
1. North: Future phase of Paramount Subdivision, proposed single-family lots, zoned R-8
2. East: Future phase of Paramount Subdivision, proposed single-family lots, zoned R-8
3. South: Future phase of Paramount Subdivision, proposed single-family lots, zoned R-8
4. West: Paramount Subdivision No.3, single-family lots, zoned R-8
d. History of Previous Actions: In 2003, the City approved annexation and zoning of397
acres to R-8 (Medium Density Residential), R-40 (High Density Residential), L-O (Limited
Office), and C-G (General Retail and Service Commercial) for Paramount Subdivision with
file #AZ-03-006. Preliminary Plat (PP-03-004) and Conditional Use Permit for a Plalllled
Development (CUP-03-008) approval was also granted in 2003. The CUP and PP applications
consisted of 764 single-family lots, 73 townhouse lots, 270 apartments, and 4 mixed-use areas
with approximately 577,606 square feet of office and retail space. The subject site is a portion
of the land zoned to R-8 and approved for single-family dwelling lots.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: Sewer is being proposed via extensions of mains located in
N. Fox Run Way, which were installed in previous phases of Paramount
Subdivision.
Location of water: Water is being proposed via extensions of mains located in N.
Fox Run Way, which were installed in previous phases of Paramount
Subdivision.
Issues or concerns: The applicant shall coordinate main size and routing with
MeV-OS-OOI
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CITY OF MERIDIAN PLANNINt ~~D ZONING DEPARTMENT STAFF REPORT. ( ,STIONS? CALL (208) 884-5533
Public Works, and comply with all City of Meridian Standard Specifications and
Drawings.
2. Vegetation: This site has historically been used for agricultural purposes. There are
no existing trees or plantings on this site.
3. Flood plain: NA
4. CanalslDitches Irrigation: NA
5. Hazards: NA
6. Existing Zoning: R-8
7. Size of Property: 2.48 acres
8. Description of Proposed Use: The applicant is proposing to construct model homes, a
parking lot, and a temporary private street. The applicant is proposing to fence around
the model homes and construct a gate on the private lane. The model homes will
eventually be sold and used as dwellings. The parking lot will be removed once it is
no longer necessary for the model home displays and a single-family home will be
constructed where the parking lot is proposed. The private street is proposed to be re-
platted once the use of the structures for model homes is not longer necessary. Each
model home, the parking lot, and the private street are all proposed on individual lots.
The applicant has submitted a final plat for this area (FP-05-049). This fmal plat,
consisting often buildable lots (nine home lots and one parking lot) and three common
lots (two landscape buffer lots and one private street lot), goes before the City Council
for approval on August 9,2005.
f. Landscaping:
1. Width of street buffer( s): 10- foot wide street buffers are proposed along Fox Run
Way. No landscape street buffers are proposed along Dreyfuss Street. Both streets are
local streets.
2. Width ofbuffer(s) between land uses: No landscaping is proposed between
land uses with this application. MCC 12-13-12-5 requires a 20-foot wide buffer
between office type uses and single-family homes and property zoned R-8. However,
the City does not typically require land use buffers to be constructed with model
homes. The applicant has depicted 20 parking stalls on the submitted site plan. Staff
does not believe that a ful120-foot wide buffer should be constructed adiacent to the
model homes themselves" but does believe that a 20-foot wide buffer is appropriate
adiacent to the parking lot. Therefore" staffreconunends that a 20-foot wide landscape
buffer be constructed between the parking lot and the future single-family homes to
the northeast. In order to comply with the landscaping requirements" staff believes that
the applicant may need to reduce the number of parking stalls down to 18. If the City
receives complaints about the model homes in the future" the City should re-evaluate if
additional landscaping or screening should be required adi acent to the model homes
themselves.
3. Percentage of site as open space (for PP and PD applications): NA
4. Other landscaping standards: MCC 12-13-11 requires landscaping within and
around parking lots. The landscaping standards for parking lots should be required
with a Certificate of Zoning Compliance permit (see Conditions of Approval in
Exhibit B).
g. Conditional Use Information:
MCU-05-001
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CITY OF MERIDIAN PLANNINL -lD ZONING DEP ARTMENT STAFF REPORT. ( _STIONS? CALL (208) 884-5533
1. Non-residential square footage: The applicant has not indicated the exact size of
the proposed model homes. The applicant intends to construct a variety of homes,
representing the builders that are assembling the homes within the development.
Because the model homes will eventually be used as dwellings, all of the models
should be constructed in accordance with the housing standards outlined in MCC Il-
10-3.
2. Proposed building height: Building heights are allowed up to 35-feet in the R-8
zone.
h. Off-Street Parking (non-residential uses):
1. Parking spaces required: Model homes are not specifically listed in the Schedule
of Parking Space Requirements (MCC 11-13-5). For uses not listed in this section,
parking spaces shall be provided on the same basis as required for the most similar use
or as determined by the Commission (MCC 11-13-5.B.8). Staffbelieves that the most
similar use is "office". Per MCC 11-13-5.B.2, one parking stall is required for every
400 square feet of office space. The applicant is requesting to reduce this number as
the buildings will eventually be converted to single-family homes. Staff believes that
the number of proposed parking stalls should be sufficient to operate the model home
displays. Staff recommends that the Commission and Council allow the construction
of 18 oarkin~ spaces for the proposed model home use (see Landscaping above).
2. Parking spaces proposed: 20
3. Compact spaces proposed: 0
4. Off-site parking proposed: No
5. Percentage of interior parking as landscaping: With the Certificate of Zoning
Compliance application, staff should ensure that the proposed parking lot is improved
with landscaping according to MCC (see Conditions of Approval in Exhibit B).
1. Proposed and Required Residential Standards:
R -8 (detached)
Setbacks (Measured to property line unless noted otherwise)
Proposed Required
Front Living Area 15 15
Side Accessed Garage 15 (to street/ROW) 15
Front Accessed Garage 20 20
Street side 15 (to street/ROW) 15
Side 5 5
Rear 15 15
Frontage 0 65
Lot Size 6500 6500
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The
applicant is proposing to construct a temporary private street, Dreyfuss Street, to serve as
access to the model homes and the parking lot. Dreyfuss Street will be platted with the adjacent
buildable lots, as a private street, with Paramount No.8. Dreyfuss Street will be constructed to
MeV-OS-OOI
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CITY OF MERIDIAN PLANNINL _,\TD ZONING DEPARTMENT STAFF REPORT.l .iSTIONS? CALL (208) 884-5533
ACHD's standards, but not dedicated with the Paramount No.8 plat When the model homes
are no longer being used for display, the applicant intends to re-plat Dreyfuss Street with the
adjacent phase to the east, which has not been final platted. The applicant intends to dedicate
Dreyfuss Street to the public with the re-plat
6. COMMENTS MEETING On July 7, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. Several comments were received from
multiple departments. Based on the conunents received from other agencies/departments, staff fmds
that the public services required can be made available to accommodate the proposed development
Staff has included all comments and recommended actions as Conditions of Approval in the attached
Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds the following Comprehensive
Plan Policies and Goals relevant to the subject application:
Chapter VII Goal I Objective B Action 3. Locate small-scale neighborhood commercial areas
within planned residential developments as part of the development plan.
Chapter VII Goal IV Objective C Action 7. Provide for non-exclusive residential zoning that
allows for low-impact neighborhood commercial areas to develop in residential districts.
Develop standards to regulate neighborhood commercial uses to minimize the impact on the
integrity of the residential district.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-9-1 requires every lot in the R-8 zone
to have frontage on a public street The applicant is proposing a temporary private street,
therefore a CUP is required.
b. Purpose Statement of Zone:
R-8 Medium Density Residential District: The purpose of the R-8 district is to permit the
establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This district delineates those areas where such development has or is
likely to occur in accord with the comprehensive plan of the city and is also designed to permit
the conversion of large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the municipal water and sewer systems of the city is
required.
c. General Standards: According to MCC 11-17-1, the City should impose any condition(s)
deemed necessary to insure compatibility of the development (CUP) with other uses in the
vicinity and such additional safeguards as are necessary to uphold the intent of the
ordinance. Because single-family residences are planned surrounding the proposed model
home display area, staff recommends that the hours of operation be limited to 6 a.m. to 10
p.m.
MCC 11-19-1 states that: "No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or changed in use
without a certificate of zoning compliance issued by the Administrator. A certificate of zoning
compliance shall be issued only in conformity with the provisions of this Title and shall be
required before the issuance of a building permit." In accordance with MCC 11-19-1, the
applicant should be required to submit certificate of zoning compliance (CZC) application(s)
for the proposed model homes and parking lot. Usually, planning staff requires separate CZC
applications for each building or structure. In this instance staff believes that all of the general
standards required by ordinance (landscaping, parking lot dimensional standards, setbacks,
MeV-05-001
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CITY OF MERIDIAN PLANNINL ~D ZONING DEPARTMENT STAFF REPORT.l ..STIONS? CALL (208) 884-5533
etc.) can be evaluated with a single CZC application. Please see Conditions of Approval in
Exhibit B.
d. Specific Use/Application Standards: Meridian City Code does not establish a maximum time
frame for conditional use permits; once a conditional use permit is approved, it runs with the
land (MCC 11-17-10.A). The applicant has not indicated how long he intends to show the
homes as models. If lots and homes continue to sell at the current rate in this subdivision,
staff anticipates that the model homes will no longer be necessary in two or three years.
Staff initially had some concern with the possibility of the model homes being utilized for
non-residential purposes longer than the two or three years currently anticipated. However,
staff does not believe that the applicant intends to operate the model homes after the other
buildable lots are sold. There is nothing to gain from continuing the model home operation
after all the lots are sold. At such time that the lots to the southeast of Dreyfuss Street are
proposed for final platting, the applicant shall re-plat Dreyfuss Street as a public street and
remove the gate(s). Staff also believes that the City should reserve it's right to re-evaluate the
appropriateness of this site for model homes in the future. If after three years, the City has
received complaints and determines that the model home use should be further restricted, then
additional conditions and/or restrictions may be imposed (as determined by the Council).
Please see Conditions of Approval in Exhibit B.
Please see Conditions of Approval in Exhibit B below.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. CUP Application: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for model homes. Please see Exhibit
C for detailed analysis of facts and findings.
b. Staff Recommendation: Staff recommends approval of the subject Conditional Use
Permit Modification request with the conditions contained in Exhibit B. Staffhas included
findings in support of approval.
10. PROPOSED MOTIONS
Approve
I move to approve File Number MCU 05-00las presented in the site plan dated (date) with the
following modifications to the conditions of approval: (add any proposed modifications)
Deny
I move to deny Meu 05-001as presented in the staff report dated (date) and direct staff to prepare
fmdings for denial based on the following reasons: (State specific reasons for denial. They should
address how the applicant might re-do the application to gain your approval.)
11. EXHIBITS
A. Drawings
1. CUP Site Plan titled Paramount Subdivision No.8 Fence and Parking Exhibit (dated:
July 27, 2005)
B. Conditions of Approval
1. Platming Department
2. Public Works Department
MCU-05-001
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CITY OF MERIDIAN PLANNINl _..rD ZONING DEPARTMENT STAFF REPORT.l ~STIONS? CALL (208) 884-5533
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Zoning Ordinance
MeV-OS-OOI
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CITY OF MERIDIAN PLANNn~ .:-lD ZONING DEP ARTMENT STAFF REPORT.l iSTIONS? CALL (208) 884-5533
A. Drawings
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CITY OF MERIDIAN PLANNIN( _.'lD ZONING DEP ARTMENT STAFF REPORT.l iSTIONS? CALL (208) 884-5533
B. Conditions of Approval
1 Planning Department:
1.1 All applicable conditions of the previously approved Paramount Subdivision, AZ-03-006, PP-03-
004, CUP-03-008 shall also be considered conditions of the subject Modification of Conditional
Use Permit (MCU-05-001) application.
1.2 No building or other structure shall be erected, moved, added to or structurally altered, nor shall
any building, structure or land be established or changed in use without a Certificate of Zoning
Compliance (CZC) issued by the Planning Department. NOTE: A CZC application may include
multiple buildings and the parking lot.
1.3 Prior to issuance of a Certificate of Zoning Compliance (CZC) permit and construction of the
model homes and private street, Paramount Subdivision No.8 shall be recorded.
1.4 The proposed 20-stall parking lot on Lot 13, Block 19, shall be landscaped in accordance with
MCC 12-13-11. NOTE: The following requirement may reduce the number of parking stalls that
can fit on the lot to less than 20. Therefore, at least 18 on-site parking stalls shall be provided for
the model home use.
1.5 In accordance with MCC 12-13-12, a 20-foot wide landscape strip shall be constructed between the
parking lot and the future home to the northeast. Said buffer shall contain materials in accordance
with MCC 12-13-12-3 and not include impervious surfaces. These landscape buffer area shall be
maintained until the model homes convert to residential dwellings.
1.6 The hours of operation of the model homes shall be limited to 6 a.m. to 10 p.m.
1.7 Because the model homes will be used in the future as dwelling units, construction of the structures
shall be in accordance with MCC 11-10-4 (Single-Family Detached Housing Square Footage) and
11-10-6 (Garages).
1.8 Prior to residential occupancy of the model homes, Dreyfuss Street shall be dedicated and accepted
by ACHD. Dreyfuss Street shall be included within the boundaries of the fmal plat submittal for
the property to the southeast, and shall be re-platted as a public street in the future. Further, the
gate(s) on Dreyfuss Street shall be removed when any one of the model homes convert to
residential dwellings.
1.9 If after three years, bv Au{!ust 2008" the City has received complaints about the model home use"
the applicant shall come back before the Plannin{! & Zonin{! Commission for another
hearin!!. Further restrictions and conditions may be imposed at said hearin!! (as determined
bv the Commission) Ifbv Au{!ust 2008" no complaints have been fIled with the City about the
model home use" then no additional hearin!! shall be reauired. and dotennines that the model
home use should be further restricted, then additional conditions and/or restrictions may be imposed
(as determined b)r the Council).
1.10 Comply with the conditions and comments of all City Departments, and other agencies.
B-2
CITY OF MERIDIAN PLANNUl .'o/D ZONING DEPARTMENT STAFF REPORT.l ~STIONS? CALL (208) 884-5533
1.11 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. 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 must accompany any
request for temporary occupancy.
1.12 If construction has not begun within 18 months of City Council approval, a new conditional use
permit must be obtained prior to the start of development.
1.13 Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City Ordinance Section
11-13 -4. C.
1.14 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional
use permit shall be cause for revocation of the conditional use permit.
2 Public Works Department
2.1 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.2 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature
on the [mal plat.
2.3 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
2.4 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.5 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.6 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Anny Corps of Engineers.
2.8 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H.
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CITY OF MERIDIAN PLANNIN( .~D ZONING DEPARTMENT STAFF REPORT. (
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2.10 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.11 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic
purposes such as landscape irrigation.
2.12 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-
13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, alternate plans shall be
reviewed and approved by the meridian City Engineer prior to fmal plat signature.
2.13 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fITe hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to connnencing
installations.
2.14 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.15 Provide a blanket utilitv easement over the urivate road.
3 Meridian Fire Department
3.1 One and two family dwellings will require a fITe-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. International Fire Code Appendix C
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
3.4 Fire Hydrants shall have the 4 ~" outlet face the main street or parking lot aisle.
3.5 The Fire hydrant shall not face a street which does not have addresses on it.
3.6 Fire hydrant markers shall be provided per Public Works spec.
3.7 Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant
location.
3.8 Fire Hydrants shall be placed on comers when spacing pennits.
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CITY OF MERIDIAN PLANNINl _~D ZONING DEPARTMENT STAFF REPORT. ( -,STIONS? CALL (208) 884-5533
3.9 Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.10 Fire hydrants shall be place 18" above finish grade.
3.11 Fire hydrants shall be provided to meet the requirements of the IFe Section 509.5.
3.12 The phasing plan may require that any roadway greater than 150' in length that is not provided
with an outlet shall be required to have an approved turn around. This includes the tenninus of
Dreyfuss Street.
3.13 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". This includes in
front of and behind the proposed gate to Dreyfuss Street.
3.14 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.15 The roadway( s) shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a
29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be based on the face of curb dimension.
3.16 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Therefore, all buildings shall be addressed off
of Dreyfuss Street.
3.1 7 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fITe apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3.18 The proposed gate on Dreyfuss Street shall be a 20' wide (minimum) swing or rolling emergency
access gates. The gates shall be equipped with a Knoxbox Padlock which has to be ordered thru the
Meridian Fire Department.
4 Police Department. No comments received.
5 Parks Department. No comments received.
6 Sanitary Service Company
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CITY OF MERIDIAN PLANNIN{ ~D ZONING DEPARTMENT STAFF REPORT. (
-,STIONS? CALL (208) 884-5533
6.1 SSC will not provide trash pick-up services utilizing the private street. Garbage cans shall be
brought to the curb at Fox Run Way.
7 Ada County Highway District
7.1 In response to your request for comment, the Ada County Highway District (ACHD) staffhas
reviewed the submitted application and site plan for the item referenced above. It has been
detennined that the Right-of-Way and Development Services Department does not have any site
specific requirements for you at this time due to the fact that the proposed development will:
7.2 Generate less than 10 additional vehicle trips per day (VTD) and is not a change in use.
7.3 If the site plan or use should change in the future, ACHD will review the site plan and may
require improvements to the transportation system at that time.
7.4 A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building
pennit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
7.5 Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk,
pavement widening, driveways, culverts, etc), a pennit or license agreement must be obtained
from ACHD.
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CITY OF MERIDIAN PLANNIN( .'10 ZONING DEP ARTMENT STAFF REPORT. ( iSTIONS? CALL (208) 884-5533
C. Required Findings from Zoning Ordinance
1. CUP Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use pennit if
they shall frnd evidence presented at the hearing(s) is adequate to establish (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;
Planning & Zoning Commission finds that the subj ect property is large enough to
accommodate the requested use and all other required features. Although the site is large
enough, the applicant is requesting, through the conditional use pennit, to reduce the
standard public street frontage requirement for each lot within the development to zero.
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;
This property is designated for medium density residential use on the Comprehensive
Plan Future Land Use Map. Planning & Zoning Commission fmds the following
Comprehensive Plan Policies and Goals relevant to the subject application:
Chapter vn Goal I Objective B Action 3: Locate small-scale neighborhood commercial
areas within planned residential developments as part of the development plan.
Chapter VII Goal IV Objective C Action 7: Provide for non-exclusive residential zoning
that allows for low-impact neighborhood commercial areas to develop in residential
districts. Develop standards to regulate neighborhood commercial uses to minimize the
impact on the integrity of the residential district.
If the applicant complies with the Conditions of Approval in Exhibit B, Planning &
Zoning Commission fmds that the development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of Meridian City
Code.
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;
The existing character of the area will, and is, currently changing. However, Plarming &
Zoning Commission finds that if this site is developed as proposed, 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.
The use of this site for model homes as a "temporary" use should not adversely change
the essential character of the 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;i
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CITY OF MERIDIAN PLANNIN( _~D ZONING DEPARTMENT STAFF REPORT. ( ~STIONS? CALL (208) 884-5533
If all Conditions of Approval contained in Exhibit B are complied with, Planning &
Zoning Commission does not believe that the proposed use will adversely affect other
properties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
Water and sewer mains are readily accessible to this site and service is being proposed
via an extension of water and sewer lines located in N Fox Run Way, and installed during
previous phases of this development. The applicant shall be required to construct water
mains to and through this proposed development. Coordinate main size and routing with
Public Works.
The ACHD has submitted a "no review" letter for this development. The ACHD has
determined that this development will have no significant impact on traffic in this area.
Impact fees will be required.
On July 15, 2005, a joint agency and department comments meeting was held with
representatives of key service providers to this property. Based on the comments received
from other agencies and departments, Planning & Zoning Commission fmds that the
public services listed above can be made available to acconnnodate the proposed
development. Please see Exhibit B for the Conditions of Approval from other
commenting agencies and departments.
F. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
If approved, the applicant will be fmancing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public
costs to serve the future residents and tenants will be fire, police, and eventually school
facilities and services. Planning & Zoning Commission fmds there will not be excessive
additional requirements at public cost and this development will not be detrimental to the
economic welfare of the community.
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
If the Conditions of Approval in Exhibit B are complied with, Planning & Zoning
Commission finds that this use will not involve activities, processes, materials,
equipment, or operations that will be detrimental to any persons, property, or the general
welfare of any persons or property in the area. The proposed use should not produce
excessive 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 an interference with traffic on surrounding public
streets;
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CITY OF MERIDIAN PLANNIN(' _'lD ZONING DEPARTMENT STAFF REPORT. ( ~STIONS? CALL (208) 884-5533
The applicant is proposing to construct a private street (Dreyfuss Street) as access to the
public street system. Planning & Zoning Commission fmds that the location of Dreyfuss
Street should not interfere with traffic on the nearby streets.
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.
Planning & Zoning Commission is unaware of any natural or scenic features of maj or
importance on this site and fmds that no natural or scenic features of major importance
will be lost or damaged by approving the annexation and zoning application.
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