Locust Grove Place CUP 02-041FEB 2 72003
City Of Meridian
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN City Clerk O4I'ice
C/C 02/18/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR LOCUST
GROVE PLACE SUBDIVISION IN
R-40 AND C-C ZONES, LOCATED
ON THE WEST SDIE OF N.
LOCUST GROVE ROAD,'/a MILE
SOUTH OF E. FAIRVIEW AVE.,
Case No. CUP-02-041
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
MERIDIAN, IDAHO
WARDLE & ASSOCIATES,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on February 18, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, Jon Wardle, and Lee Centers, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter and the Recommendations to City
Council issued by the Planning and Zoning Commission who conducted a public hearing and the
Council having heard and taken oral and written testimony, and having duly considered the
matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and
Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - 1
(2) consecutive weeks prior to the said public hearing scheduled for February 18, 2003, before
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the February 18, 2003, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §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 R-40 and C-C zones 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 on the west side of N. Locust Grove Road, '/4 mile south of
E. Fairview Ave., Meridian, Idaho.
5. The owner of record of the subject property is L.C. Development, Inc., P.O. Box
518, Meridian, Idaho 83642.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
6. Applicant is Jonathan Wardle, Wardle & Associates, 50 Broadway Ave., Suite B,
Boise, Idaho 83702.
7. The subject property is currently zoned R-40 and C-C. The zoning districts of R-
40 and C-C are defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development consisting of 74 residential lots including 22 detached single family homes and 52
attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and
common lots on 11.76 acres. The R-40 and C-C zoning designations are within the City of
Meridian Zoning and Development Ordinance requires a conditionaluse permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as High Density Residential.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognized the concerns of Wendel Bigham, Joint School
District No. 2, expressed in his letter dated November 4, 2002.
12. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and
all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps
and the Ordinance establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - g
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning & Zoning Commission as follows:
1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the
L-O zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O
zone will require a new conditional use permit.
B: Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Pennifl
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2. 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 ofright-of--way from the centerline of Locust Grove Road
abutting the parcel by means of a warranty deed. The right-of--way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling
the final plat for signature by the ACHD Commission or prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of--way dedication after receipt of all requested material. The owner
will be paid the fair market value of the right-of--way dedicated which is an addition to
existing ACHD right-of--way if the owner submits a letter of application to the impact fee
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTTIONAL USE PERMIT - 4
administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect
at that time (currently Ordinance #196), if funds are available.
2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the
construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior
to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot
wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk
shall be located 2-feet within the new right-of--way and at the correct vertical difference
from the center of the road (see District staff). Coordinate the location and design of the
sidewallc with District Design staff (387-6225). If the sidewalk is constructed outside of
the right-of--way, the applicant must provide an easement.
3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet
north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet
wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road
and install pavement tapers with 15-foot radii abutting the existing roadway edge. The
applicant shall provide a plan showing how the private road grade meets the public road.
District Policy requires a design approach speed of 20 MPH and a maximum intersection
approach grade of 2% for at least 40-feet.
4. Construct Locust View Street to intersect Locust Grove Road approximately 100-
feet south of the north property line, as proposed. Pave Locust View Street a minimum of
24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust
Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge. The applicant shall provide a plan showing how the private road grade meets the
public road. District Policy requires a design approach speed of 20 MPH and a maximum
intersection approach grade of 2% for at least 40-feet.
5. The applicant shall provide the District with a copy of a recorded cross access
easement for the pazcels within the development to use the private roads within the
development for access to the public street system.
6. Other than the private streets approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
Comply with all Standazd Conditions of Approval.
Standazd Conditions of Approval
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepaze 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. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACRD. The applicant shall be required to call DIGLINE at least
two full business days prior to breaking ground within ACRD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) aze 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.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
change the planned use of the subject property unless awaiver/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 Recommendations of the Meridian Fire Department as follows:
1. The proj ect which is comprised of one and two family dwellings will require afire-flow
of 1,000 gallons per minute and shall be available for duration of 2 hours to service the entire
project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix lII-A.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to Public Works for plan review.
5. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside.
6. The roadways shall be built to Ada County Highway Standazds. UFC 902.2.1
An approved turn-around is required for any dead-ends over 150' in the commercial area.
8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20'
clear driving surface available at all times.
9. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code
to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997
UFC Appendix III-A.
10. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
11. All access roads within the project shall have clear driving surface with a minimum
width of 20' available at all times. The typical street width of 34' will be allowed to have
pazking on both sides. The typical street with a minimum width of 29' will be required to have
restricted parking to only one side. UFC 902.2.2.1.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved after written approval from appropriate
entities are submitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - ~
2. 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.
Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subj ect project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
F. Adopt the Recommendations of Settlers Irrigation District as follows:
1. All irrigation and drainage facilities/easements will need to be protected that are
effected by this project. The facility involved is the Settlers Canal that courses near the
northern boundary of the property just south of the Jackson Drain. This canal will require
tiling with reinforced concrete pipe according to SID specifications. A license agreement
needs to be in place prior to construction.
2. All storm drainage must be retained on-site.
3. Plan review/inspection fees shall be paid prior to any approvals.
4. If this development wishes to have SID own, operate, and maintain the pressure
irrigation system an agreement needs to be in place prior to construction.
5. An irrigation diversion facility is provided for this development located
near the east boundary of the Penn Station Aparhnents.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed.
H. Adopt the action of the City Council taken at their February 18, 2003 meeting as follows:
1. For clarification, all of the lots that are along the pathway that extends from Penn
Station from the east to Locust Grove shall have the restriction that the fencing
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
shall be consistent with the fencing plan submitted, and that the fencing shall not
be more than a four foot solid fence or a six foot semi-private open fencing type -
(e.g. lattice on the upper two feet along the pathway is allowed if vision is not
unduly restricted), and the fencing plan shall be submitted prior to submittal of the
Final Plat.
2. That the Applicant has requested a change from the apartment complex to a
townhouse development for this project.
14. That the subject property is large enough to accommodate the requested use and
all other required features.
15. The current Comprehensive Plan Land Use Map designates the subject property as
"High Density Residential" and "Community Business District". It is found that the proposed
residential uses are harmonious with and in accordance with the Comprehensive Plan. The
proposed commercial uses are not supported by the Comprehensive Plan, however, the original
zone change which created the C-C zoning designation was permitted under the City of
Meridian's previous Comprehensive Plan. The project is being proposed as a conditional use for
a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced
setbacks, and a 20% exception for uses permitted by the zoning district. If the project is
approved as a Planned Development, it will meet the minimum requirements of the Meridian
City Code.
16. It is found that the proposed residential subdivision use will be harmonious with
the intended and existing character of the area. Danbury Fair Subdivision, directly south and
west of the proposed project is similar in density and size to the proposed use.
17. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
18. That the proposed use will be served adequately by essential public facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
services such as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer.
19. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic welfare of the
community.
20. It is found that there will be an increase in traffic and noise in the general vicinity
if the subdivision is approved, but that approval of the subdivision will not lead to a major
increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental
to the welfare of the City and the subdivision's neighbors.
21. That the proposed use will not create significant interference with any traffic on
the surroundmg public streets. ACRD did submit a report for the project.
22. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance. Existing trees greater
than 4" caliper must be retained or mitigated for, if removed.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -10
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City 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 standazds aze met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and, in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same azea;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, pazks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
£ That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - i1
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the High Density Residential District
(R-40) and Community Business District (C-C), a public hearing shall be conducted with notice
to be published and provided to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the ]and 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)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - i2
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
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 74 residential lots including 22 detached single family homes and 52
attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and
common lots on 11.76 acres in R-40 and C-C zones located on the west side of N. Locust Grove
Road, %4 mile south of E. Fairview Ave., Meridian, Idaho, subject to the following conditions of
use and development, subject to the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
A. Adopt the Recommendations of the Planning & Zoning Commission as follows:
1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the L-
Ozone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O
zone will require a new conditional use permit.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Pernutl
1. Applicant shall meet all of the requirements of the preliminaryplat as a condition ofthe
Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
C. Adopt the Recommendations of ACRD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting
the pazcel 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 ACRD 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 mazket value of the right-of--way dedicated which is an addition to existing ACHD
right-of--way if the owner submits a letter of application to the impact fee administrator
prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #196), if funds are available.
2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the
construction of 5-foot concrete sidewallc abutting the site (approximately 440-feet) prior
to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot
wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk
shall be located 2-feet within the new right-of--way and at the correct vertical difference
from the center of the road (see District staff). Coordinate the location and design of the
sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of
the right-of--way, the applicant must provide an easement.
3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet
north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -14
wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road
and install pavement tapers with 15-foot radii abutting the existing roadway edge. The
applicant shall provide a plan showing how the private road grade meets the public road.
District Policy requires a design approach speed of 20 MPH and a maximum intersection
approach grade of 2% for at least 40-feet.
4. Construct Locust View Street to intersect Locust Grove,Road approximately 100-
feet south of the north property line, as proposed. Pave Locust View Street a minimum of
24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust
Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge. The applicant shall provide a plan showing how the private road grade meets the
public road. District Policy requires a design approach speed of 20 MPH and a maximum
intersection approach grade of 2% for at least 40-feet.
5. The applicant shall provide the District with a copy of a recorded cross access
easement for the parcels within the development to use the private roads within the
development for access to the public street system.
6. Other than the private streets approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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 home by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Constmction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTTIONAL USE PERMIT - i5
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. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACRD. The applicant shall be required to call DIGLINE 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 (spaze 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.
11. 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 propertyunless awaiver/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 Recommendations of the Meridian Fire Department as follows:
The project which is comprised of one and two family dwellings will require afire-flow
of 1,000 gallons per minute and shall be 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. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. iJFC 901.4.2 & 901.3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT -16
3. AcceptanceofthewatersupplyforfireprotectionwillbebytheMeridianWaterDepaztment.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to Public Works for plan review.
5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
6. The roadways shall be built to Ada County Highway Standazds. UFC 902.2.1
7. An approved turn-around is required for any dead-ends over 150' in the commercial area.
8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20'
cleaz driving surface available at all times.
9. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code
to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A.
10. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
11. All access roads within the project shall have clear driving surface with a minimum
width of 20' available at all times. The typical street width of 34' will be allowed to have
parking on both sides. The typical street with a minimum width of 29' will be required to
have restricted parking to only one side. UFC 902.2.2.1.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved after written approval from appropriate
entities are submitted.
2. 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.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and azchitects involved with the design of the subject project shall
obtain current best management pracfices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - i~
degradation.
F. Adopt the Recommendations of Settlers Irrigation District as follows:
1. All irrigation and drainage facilities/easements will need to be protected that are
effected by this project. The facility involved is the Settlers Canal that courses
near the northern boundary of the property just south of the Jackson Drain. This
canal will require tiling with reinforced concrete pipe according to SID
specifications. A license agreement needs to be in place prior to construction.
All storm drainage must be retained on-site.
Plan review/inspection fees shall be paid prior to any approvals.
4. If this development wishes to have SID own, operate, and maintain the pressure
irrigation system an agreement needs to be in place prior to construction.
5. An irrigation diversion facility is provided for this development located
near the east boundary of the Penn Station Apartments.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed.
I. Adopt the action of the City Council taken at their February 18, 2003 meeting as follows:
For clarification, all of the lots that are along the pathway that extends from Penn
Station from the east to Locust Grove shall have the restriction that the fencing
shall be consistent with the fencing plan submitted, and that the fencing shall not
be more than a four foot solid fence or a six foot semi-private open fencing type -
(e.g. lattice on the upper two feet along the pathway is allowed if vision is not
unduly restricted), and the fencing plan shall be submitted prior to submittal of the
Final Plat.
2. That the Applicant has requested a change from the apartment complex to a
townhouse development for this project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real
property which maybe 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.
By action of the City Council at its regulaz meeting held on the `~"~~ day of
l/ , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED_~~~
COUNCILWOMAN TAMMY deWEERD VOTED_~~~-~/
COUNCILWOMAN CHERIE Mc CANDLESS VOTED_z5~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - i9.
COUNCILMAN WILLIAM L.M. NARY VOTED_ i~~~-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -
DATED:~~3
MOTION:
APPROVED. DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney. ,~~~""`""'{"" r'~r.,
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City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 20
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C o2/i8/o3
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR LOCUST
GROVE PLACE SUBDIVISION IN
R-40 AND C-C ZONES, LOCATED
ON THE WE5T SIDE OF N.
LOCUST GROVE ROAD,'/< MILE
SOUTH OF E. FAIRVIEW AVE.,
MERIDIAN, IDAHO
Case No. CUP-02-041
ORDER GRANTING
CONDITIONAL U5E PERMIT
WARDLE & ASSOCIATES,
APPLICANT
This matter coming before the City Council on the February 18, 2003, under the
provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 74 residential lots including 22 detached single family homes and 52
attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and
common lots on 11.76 acres in R-40 and C-C zones located on the west side of N. Locust Grove
Road, '/4 mile south of E. Fairview Ave., Meridian, Idaho, subject to the following conditions of
use and development:
ORDER CONDTIIONAL USE PERMTT - 1
(CUP-02-041)
A. Adopt the Recommendations of the Planning & Zoning Commission as follows:
1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the
L-O zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O
zone will require a new conditional use permit.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMEN'T'S (Conditional Use Permitl
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2. 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 ofright-of--way from the centerline of Locust Grove 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 fmal plat for signature by the ACHD Commission or prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30 business days
to process the right-of--way dedication after receipt of all requested material. The owner
will be paid the fair market value of the right-of--way dedicated which is an addition to
existing ACHD right-of--way if the owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect
at that time (currently Ordinance #196), if funds are available.
2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the
construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior
to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot
wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk
shall be located 2-feet within the new right-of--way and at the correct vertical difference
from the center of the road (see District staffj. Coordinate the location and design of the
sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of
the right-of--way, the applicant must provide an easement.
ORDER CONDITIONAL USE PERMIT - 2
(CUP-02-041)
3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet
north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet
wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road
and install pavement tapers with 15-foot radii abutting the existing roadway edge. The
applicant shall provide a plan showing how the private road grade meets the public road.
District Policy requires a design approach speed of 20 MPH and a maximum intersection
approach grade of 2% for at least 40-feet.
4. Construct Locust View Street to intersect Locust Grove Road approximately 100-
feet south of the north property line, as proposed. Paue Locust View Street a minimum of
24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust
Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge. The applicant shall provide a plan showing how the private road grade meets the
public road. District Policy requires a design approach speed of 20 MPH and a maximum
intersection approach grade of 2% for at least 40-feet.
5. The applicant shall provide the District with a copy of a recorded cross access
easement for the parcels within the development to use the private roads within the
development for access to the public street system.
6. Other than the private streets approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the fmal plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
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
ORDER CONDITIONAL USE PERNIIT - 3
(CUP-02-041)
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in 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. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE 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.
11. 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 propertyunless awaiver/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 Recommendations of the Meridian Fire Department as follows:
1. The project which is comprised of one and two family dwellings will require afire-flow
of 1,000 gallons per minute and shall be 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.
ORDER CONDITIONAL USE PERMIT - 4
(CUP-02-041)
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to Public Works for plan review.
5. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside.
6. The roadways shall be built to Ada County Highway Standazds. UFC 902.2.1
7. An approved turn-around is required for any dead-ends over 150' in the commercial azea.
8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20'
clear driving surface available at all times.
9. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code
to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997
UFC Appendix lII-A.
10. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
11. All access roads within the project shall have cleaz driving surface with a minimum
width of 20' available at all times. The typical street width of 34' will be allowed to have
parking on both sides. The typical street with a minimum width of 29' will be required to have
restricted pazking to only one side. UFC 902.2.2.1.
E. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved after written approval from appropriate
entities are submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfaze, Division of
Environmental Quality.
Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
ORDER CONDITIONAL USE PERNIIT - 5
(CUP-02-041)
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
F. Adopt the Recommendations of Settlers Irrigation District as follows:
1. All irrigation and drainage facilities/easements will need to be protected that are
effected by this project. The facility involved is the Settlers Canal that courses near the
northern boundary of the property just south of the Jackson Drain. This canal will require
tiling with reinforced concrete pipe according to SID specifications. A license agreement
needs to be in place prior to construction.
2. All storm drainage must be retained on-site.
3. Plan review/inspection fees shall be paid prior to any approvals.
4. If this development wishes to have SID own, operate, and maintain the pressure
irrigation system an agreement needs to be in place prior to construcfion.
5. An irrigation diversion facility is provided for this development located
near the east boundary of the Penn Station Apartments.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed.
H. Adopt the action of the City Council taken at their February 18, 2003 meeting as follows:
For clarification, all of the lots that are along the pathway that extends from Penn
Station from the east to Locust Grove shall have the restriction that the fencing
shall be consistent with the fencing plan submitted, and that the fencing shall not
be more than a four foot solid fence or a six foot semi-private open fencing type -
(e.g. lattice on the upper two feet along the pathway is allowed if vision is not
unduly restricted), and the fencing plan shall be submitted prior to submittal of the
Final Plat.
2. That the Applicant has requested a change from the apartment complex to a
townhouse development for this project.
ORDER CONDITIONAL USE PERMIT - 6
(CUP-02-041)
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 ~ day of
/~~'ZGi'/LG~/ , 2003.
olae D. Cowie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By .2~cc,..,,
City Clerk
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ORDER CONDITIONAL USE PERNIIT - 7
(CUP-02-041)