HomeMy WebLinkAboutMoshers Farm CUP
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT FOR
MOSHERS FARM
) Case No. CUP-02-031
)
) RECOMMENDA TION TO CITY
) COUNCIL
)
)
CMD,INC.,
Applicant
1. The property is located at 895 N. Ten Mile Road, Meridian.
2. The owner of record of the subject property is Betty Mosher, 895 N. Ten Mile Road,
Meridian.
3. Applicant is CMD, Inc., 1661 Shoreline Drive, Boise, Idaho 83702.
4. The subject property is currently zoned RUT. The requested zone is R-8. The zoning
district ofR-8 is defined within the City of Meridian Zoning and Development
Ordinance, Section 11-7-2.
5. The Applicant requests the Conditional Use Permit for a Planned Development consisting
of 25 building lots, 1 single family existing home, and 6 common lots. The requested
R-8 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).
6. The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
8. The Planning and Zoning Commission recognized the concerns of Wendel Bigham, Joint
School District No.2, expressed in his letter dated September 23, 2002.
RECOMMENDATION TO CITY COUNCIL OF AFPROV AL OF CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT FOR MOSHERS FARM - Page 1
RECOMMENDA TION
The Meridian Planning and Zoning Commission hereby recommends to the City Council
of the City of Meridian that they approve the requested Conditional Use Permit as requested by
the Applicant for the property described in the application, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The elevations presented by the applicant during the hearing are acceptable and
will fit on the lots shown in response to staff comment "A" on page 9 of the staff
report.
2. The two amenities for the planned development are recommended for approval as
follows: (1) expanded open space with pathways and (2) playground equipment.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Comments (Conditional Use Permit)
1. Applicant shall meet all of the requirements of the preliminary plat as a condition
of the Conditional Use Permit.
2. All site improvements (landscaping, irrigation, etc.) for the .57-acre park/drainage
pond and pathway area shall be complete prior to the issuance of occupancy
permits for any building within the subdivision.
3. All development shall comply with the Americans with Disabilities Act and the
Fair Housing Act.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline ofTen Mile Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
RECOMMENDATION TO CITY COUNCIL OF AFPROV AL OF CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT FOR MOSHERS FARM - Page 2
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with ACHD Ordinance #195.
2. Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the Dis-
trict for the required street improvements of approximately 495-feet of 5-foot
wide concrete sidewalk abutting the parcel, prior to District approval of the final
plat or issuance of a building permit (or other required permits), whichever occurs
first.
3. Construct the main entrance to the subdivision, West Ashley Avenue, on Ten
Mile Road approximately 100-feet south of the north property line, as proposed.
This roadway location meets District policy and is approved with this application.
4. Construct West Ashley Avenue with 21- foot street sections on either side of a
center median. The median shall be constructed a minimum of 4-feet wide
(maximum 12- feet wide) to total a minimum of a 100-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
5. Construct North Brittney Court approximately 180-feet west ofTen Mile Road
(measured from centerline to centerline). This location meets District policy for
offset requirements and shall be approved as proposed. Construct all public roads
within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide
concrete sidewalks within 50-feet of right-of-way.
6. Construct an ACHD approved turnaround at the end of West Ashley Avenue and
North Brittney Court. The turnarounds shall be constructed to provide a
minimum turning radius of 45-feet and provide a minimum of a 29-foot street
section on either side of any proposed center islands within the turnarounds. The
medians shall be constructed a minimum of 4-feet wide to total a minimum of a
100-square foot area. Submit a design of the turnaround for review and approval
by District staff.
7. Other than the access point specifically approved with this application, direct lot
or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
8. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat should be owned and maintained by a homeowners association. Notes
of this should be required on the final plat.
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT FOR MOSHERS FARM - Page 3
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT FOR MOSHERS FARM - Page 4
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with a
minimum width of20' available at all times. UFC 902.2.2.1
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
7. It is recommended that no parking be allowed in front of Block 1, Lots 9, 10, 11,
12, 13, 14,22,24, and 25.
E. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
F. Adopt the Recommendation of Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2. Run-off is not to create a mosquito breeding problem.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT FOR MOSHERS FARM - Page 5
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A
PLANNED DEVELOPMENT FOR MOSHERS FARM - Page 6