HomeMy WebLinkAboutScottsdale Villas CUP 02-045
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/25/03
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A PLANNED )
DEVELOPMENT FOR )
SCOTTSDALE VILLAS )
SUBDIVISION IN AN R-15 ZONE, )
LOCATED AT SOUTH OF )
FRANKLIN ROAD ALONG S.W. 8TH )
STREET AND ALDEN STREET, )
MERIDIAN, IDAHO )
)
PINNACLE ENGINEERS, INC., )
APPLICANT )
)
Case No. CUP-02-045
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on February 25, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and David McKinnon Planner II for the Planning and Zoning
Department, and Clint Boyle, 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 AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for February 25, 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 25,2003, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction ofthe 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 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an L-O zone and by reason of the
provisions ofthe Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located south of Franklin Road along S.W. 8th Street and Alden
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDIDONAL USE PERMIT - 2
Street, Meridian, Idaho.
5. The owner of record of the subject property is Wolfe Commercial Enterprises,
LLC, 1409 E. 1st Street, Meridian, Idaho 83642.
6. Applicant is Clint Boyle, Pinnacle Engineers, 12552 W. Executive Drive, Ste. B,
Boise, Idaho 83713.
7. The subject property is currently zoned L-O. There is, however, an application for
rezone from L-O to R-15 zone before the City Council. The zoning district ofR-15 (Medium
High Density Residential) is 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 19 single-family residences, with reduced setbacks, and 2 common
lots. The R-15 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).
8. Staff finds that the adopted Comprehensive Plan's Future Land Use Map
delineates the subject property as "Office". The requested R-15 zone appears to be in conflict
with the land use designation, however the L-O zone in the City's zoning ordinance states that
"The L-O zone is designed to act as a buffer between other more intense non-residential uses and
high density residential uses and is thus a transitional use" (MCC 11-2-2), furthermore the
Comprehensive Plan encourages residential infill to utilize existing services (pg 106).
9. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
11. The City Council recognizes the concerns of Wendell Bigham, expressed in his
letter dated December 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.
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 Special Recommendations ofthe Planning and Zoning Commission as follows:
1. Eight foot (8') street frontage are allowed on lots accessing common driveway,
forty foot (40') street frontage allowed on other lots.
2. Ten foot (10') street side setbacks are allowed for dwelling areas.
3. At their discretion, the Building Department may allow up to seven building
permits prior to the final plat recording.
B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Perrnit)
1. Applicant shall meet all of the requirements of the preliminary plat as a
condition of the Conditional Use Permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
2. Landscaping shall be installed per the approved landscaping plan (Sheet No.
IrS-I, prepared by Pinnacle Engineers, dated 11-15-02). All landscaping and micro-
paths shall be completed prior to occupancy.
3. The conditional use permit shall be valid for 18 months from the date of
approval, in accordance with MCC 11-17-4.
4. Rear setbacks adjacent to common lots shall be allowed to be reduced to 12'.
5. No parking shall be permitted on the shared driveway for Lotsl-6, Block 1.
6. The site plan (Sheet PP-2, prepared by Pinnacle Engineers, dated 11-15-02) is
approved as submitted; minor modifications to the site plan as noted in MCC 11-17-
lOCI may be permitted upon approval of Zoning Administrator.
C. Adopt the Recommendations of Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Construct driveways on SW 8th Avenue and Alden Drive to offset a
minimum of 50-feet from any controlled and/or uncontrolled intersection. All
driveways are to be constructed as curb cut driveways.
2. Pave the driveways to their full-required width (maximum of 35-feet) and
to a point 30-feet beyond the edge of pavement of SW 8th Avenue and Alden
Drive.
3. Said Easement (See Plat Note # Ie; of Scottsdale Subdivision) shall be
placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are
covered by a Storm Drainage Easement in favor of the Ada County Highway
District for heavy maintenance of drainage facilities. Said Easement shall remain
free of all encroachments and obstructions (including fences and trees) which
may adversely affect drainage or operation and maintenance of storm water
facilities. Said Easement shall be placed on the plat of Scottsdale Villas
Subdivision.
4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with
standard curb, gutter and 5-foot wide concrete sidewalk to match the existing
improvements.
5. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
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 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 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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DlGLINE (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.
1O. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
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 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 Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFCAppendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 90142 & 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.
5. All internal roads shall have a minimum radius of28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. An approved temporary turn-around is required for any dead-ends over 150'.
8. Approved fire department access roads shall be provided for all buildings or
portions of buildings to within 150' of any point on the exterior wall of the first story.
E. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage and central water after
written approval from appropriate entities is 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
4. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water quality.
6. 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.
F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application if storm
drainage is not retained on-site.
G. Adopt the comments ofthe Meridian Water Department as follows:
1. The project was previously developed for commercial buildings. There is existing 8
inch water lines stubbed in for commercial hookup. Residential service lines are
typically I inch.
H. Adopt the action of the City Council taken at their February 25,2003 meeting as follows:
1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex,
the applicant may construct two attached residences and one detached residence
wherever the Site Plan shows a triplex.
14. It is found that the subject property is large enough to accommodate the requested
use and all other required features.
15. That the proposed development plan is in harmony with the Amended Meridian
Comprehensive Plan and that the project meets the requirements and objectives of the Zoning
Ordinances.
16. It is found that the design concept is compatible with the existing and intended
character of the area (residential and office) and will not adversely change the essential character
of the area.
17. It is not anticipated that the proposed development will have an adverse impact on
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
the majority of the surrounding property.
18. It is found 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.
19. That the proposed use will not create additional requirements at public cost for
public facilities and services.
20. It is found that the proposed townhouse and attached single-fmaily house uses will
not involve any activities or conditions that will be detrimental to any persons or property due to
reasons noted above.
21. It is found that the vehicular approaches to the property are designed so as not to
significantly interfere with existing street traffic.
22. It is found 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.
23. The request for the twelve foot rear setbacks for lots adjacent to the common lots
is supported.
24. There are no objections to the common driveway providing access for six lots
(two more than permitted by code) nor the proposed two foot reduction of street frontages for the
homes taking access off of the common drive.
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 (LC. 967-6503).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code 9 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 area;
d. That the proposed use, ifit 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, parks, 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
f. 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 welfare by reason of excessive production of 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 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 Medium High Density
Residential District (R-15), 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 land under consideration for the conditional use permit all in
accordance with the provisions of Meridian City Code 9 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 9
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan ofthe 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:
1. That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 19 single-family residences, with reduced setbacks, and 2 common
lots in an R-t5 zone located south of Franklin Road along S.W. 8th Street and Alden Street,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDIDONAL USE PERMIT - 12
Meridian, Idaho, subject to the following conditions of use and development, subject to the
following:
A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows:
I. Eight foot (8') street frontage are allowed on lots accessing common driveway,
forty foot (40') street frontage allowed on other lots.
2. Ten foot (10') street side setbacks are allowed for dwelling areas.
3. At their discretion, the Building Department may allow up to seven building
permits prior to the final plat recording.
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. Landscaping shall be installed per the approved landscaping plan (Sheet No.
IrS-I, prepared by Pinnacle Engineers, dated 11-15-02). All landscaping and micro-
paths shall be completed prior to occupancy.
3. The conditional use permit shall be valid for 18 months from the date of
approval, in accordance with MCC 11-17-4.
4. Rear setbacks adjacent to common lots shall be allowed to be reduced to 12'.
5. No parking shall be permitted on the shared driveway for Lotsl-6, Block 1.
6. The site plan (Sheet PP-2, prepared by Pinnacle Engineers, dated 11-15-02) is
approved as submitted; minor modifications to the site plan as noted in MCC 11-17-
lOCI may be permitted upon approval of Zoning Administrator.
C. Adopt the Recommendations of Ada County Highway District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDIDONAL USE PERMIT - 13
Site Specific Conditions of Approval
1. Construct driveways on SW 8th Avenue and Alden Drive to offset a
minimum of 50-feet from any controlled and/or uncontrolled intersection. All
driveways are to be constructed as curb cut driveways.
2. Pave the driveways to their full-required width (maximum of 35-feet) and
to a point 30-feet beyond the edge of pavement of SW 8th Avenue and Alden
Drive.
3. Said Easement (See Plat Note # Ie; of Scottsdale Subdivision) shall be
placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are
covered by a Storm Drainage Easement in favor of the Ada County Highway
District for heavy maintenance of drainage facilities. Said Easement shall remain
free of all encroachments and obstructions (including fences and trees) which
may adversely affect drainage or operation and maintenance of storm water
facilities. Said Easement shall be placed on the plat of Scottsdale Villas
Subdivision.
4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with standard
curb, gutter and 5-foot wide concrete sidewalk to match the existing
improvements.
5. 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
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. 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.
1O. 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 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 Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute 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 pernlanent street signs are required
before combustible construction begins. UFC 90104-2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDIDONAL USE PERMIT - 15
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.
5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. An approved temporary turn-around is required for any dead-ends over 150'.
8. Approved fire department access roads shall be provided for all buildings or
portions of buildings to within 150' of any point on the exterior wall of the first story.
E. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage and central water after
written approval from appropriate entities is 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 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.
F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application if storm
drainage is not retained on-site.
G. Adopt the comments of the Meridian Water Department as follows:
1. The project was previously developed for commercial buildings. There is existing 8
inch water lines stubbed in for commercial hookup. Residential service lines are typically 1
inch.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
H. Adopt the action of the City Council taken at their February 25,2003 meeting as follows:
1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex, the
applicant may construct two attached residences and one detached residence wherever the
Site Plan shows a triplex.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
9 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attomey 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 ofthe City of Meridian,
pursuant to Idaho Code 9 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.
By action of the City Council at its regular meeting held on the 1/tlJ- day of
ffUvr..-dv , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
COUNCILWOMAN TAMMY deWEERD
VOTED~
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: g-(/-03
VOTED -
MOTION: ~
APPROVED:<:. ~-
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR
SCOTTSDALE VILLAS
SUBDIVISION IN AN R-1S ZONE,
LOCATED SOUTH OF FRANKLIN
ROAD ALONG S.W. 8TH STREET
AND ALDEN STREET, MERIDIAN,
IDAHO
PINNACLE ENGINEERS, INC.,
APPLICANT
C/C 02/25/03
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Case No. CUP-02-045
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the February 25, 2003, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation ofthe 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 19 single-family residences, with reduced setbacks, and 2 common
lots in an R-15 zone located south of Franklin Road along S.W. 8th Street and Alden Street,
Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows:
1. Eight foot (8') street frontage are allowed on lots accessing common driveway,
forty foot (40') street frontage allowed on other lots.
ORDER CONDITIONAL USE PERMIT
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2. Ten foot (10') street side setbacks are allowed for dwelling areas.
3. At their discretion, the Building Department may allow up to seven building
permits prior to the final plat recording.
B. Adopt the Recommendations ofthe 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. Landscaping shall be installed per the approved landscaping plan (Sheet No.
L-S-l, prepared by Pinnacle Engineers, dated 11-15-02). All landscaping and micro-
paths shall be completed prior to occupancy.
3. The conditional use permit shall be valid for 18 months from the date of
approval, in accordance with MCC 11-17-4.
4. Rear setbacks adjacent to common lots shall be allowed to be reduced to 12'.
5. No parking shall be permitted on the shared driveway for LotSl-6, Block 1.
6. The site plan (Sheet PP-2, prepared by Pinnacle Engineers, dated 11-15-02) is
approved as submitted; minor modifications to the site plan as noted in MCC 11-17-
lOCI may be permitted upon approval of Zoning Administrator.
C. Adopt the Recommendations of Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Construct driveways on SW 8th Avenue and Alden Drive to offset a
minimum of 50-feet from any controlled and/or uncontrolled intersection. All
driveways are to be constructed as curb cut driveways.
2. Pave the driveways to their full-required width (maximum of 3s-feet) and
to a point 30-feet beyond the edge of pavement of SW 8th Avenue and Alden
Drive.
3. Said Easement (See Plat Note # Ie; of Scottsdale Subdivision) shall be
placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are
ORDER CONDITIONAL USE PERMIT
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covered by a Storm Drainage Easement in favor of the Ada County Highway
District for heavy maintenance of drainage facilities. Said Easement shall remain
free of all encroachments and obstructions (including fences and trees) which
may adversely affect drainage or operation and maintenance of storm water
facilities. Said Easement shall be placed on the plat of Scottsdale Villas
Subdivision.
4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with
standard curb, gutter and 5-foot wide concrete sidewalk to match the existing
improvements.
5. 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 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 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.
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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.
1O. 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 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 Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute 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. UFC 90142 & 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.
5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius.
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6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. An approved temporary turn-around is required for any dead-ends over 150'.
8. Approved fire department access roads shall be provided for all buildings or
portions of buildings to within 150' of any point on the exterior wall of the first story.
E. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage and central water after
written approval from appropriate entities is 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.
6. 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.
F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application if storm
drainage is not retained on-site.
G. Adopt the comments of the Meridian Water Department as follows:
1. The proj ect was previously developed for commercial buildings. There is existing 8
inch water lines stubbed in for commercial hookup. Residential service lines are
typically 1 inch.
H. Adopt the action of the City Council taken at their February 25,2003 meeting as follows:
1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex,
the applicant may construct two attached residences and one detached residence
wherever the Site Plan shows a triplex.
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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 9 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
II~
day of
/J( C/AUv
,2003.
ert D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
ByJl~P~ ~
City Clerk
Dated:
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ORDER CONDITIONAL USE PERMIT
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