HomeMy WebLinkAboutBarton, Corey Homes MI 03-006
THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR APPROVAL FOR
THE USE OF LOT 1 BLOCK 2 IN
SUNDANCE SUBDIVIVISION FOR
A MODEL/TEMPORARY SALES
OFFICE FOR COREY BARTON
HOMES, LOCATED AT 3590
NORTH ETTAY WAY, MERIDIAN,
IDAHO
BY: COREY BARTON HOMES,
INc.
APPLICANT
C/C OS/20/03
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CASE NO. MI-03-006
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST FOR
APPROVAL TO ALLOW A
TEMPORARYSALESOF~CE
The above entitled matter coming on regularly for public hearing before the City Council
on May 6, 2003 and continued until May 20,2003, at 7:00 o'clock p.m. at the Meridian City Hall
located at 33 East Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, and Corey Barton, appeared and testified, and the City Council having received a
report tram Sonya Allen Planner I for the Planning and Zoning Department, and the City Council
having received testimony as part of the record of this matter, and the applicant having submitted
his application for a request for approval for use of Lot I Block 2 in Sundance Subdivision for a
model/temporary sales office for Corey Barton Homes, located at 3590 North Ettay Way,
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR USE OF LOT 1 BLOCK 2
IN SUNDANCE SUBDIVISION FOR A MODEL SALES OFFICE FOR
COREY BARTON HOMES BY: COREY BARTON HOMES, INc. (MI-O3-006)
PAGE lOF6
Meridian, , and which application is herein received and adjudged by the City Council pursuant
to Meridian City Code § 8-2-5, and being fully advised in the premises does hereby make the
following Findings of Fact and Conclusions of Law and Order of Decision, as follows:
FINDINGS OF FACT
1.
The property is generally located at 3590 North Ettay Way, Meridian, Idaho.
2.
The applicant of the subject property is Corey Barton Homes, Inc. whose address
is 30 E. Franklin, Meridian, Idaho 83642.
3.
The owner of the subject property is same as the applicant.
4.
The location of the subject property is presently located in an Ro8 zone, and which
subject model/temporary sales office will be located on Lot I Block 2 of Sundance Subdivision.
The applicant has submitted a vicinity map and/or site plan showing the location ofthe proposed
model/temporary sales office, which is on file in the City Clerk's office located at 33 E. Idaho
Street, Meridian, Idaho.
5.
The legal description of the property is on file in the City Clerk's office which is
located at 33 East Idaho Street, Meridian, Idaho.
6.
The applicant, Corey Barton Homes, Inc., has requested approval to convert one
bay of an existing, attached, three car garage into a temporary sales office use in S undance
Subdivision No.1. The office will have one to two staff members on site for seven days a week.
10:00 am to 5:00 pm. No specific time period was proposed with the application. A copy of the
building elevation and floor plan was included in the application. All three bays in the garage
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR USE OF LOT 1 BLOCK 2
IN SUNDANCE SUBDIVISION FOR A MODEL SALES OFFICE FOR
COREY BARTON HOMES BY: COREY BARTON HOMES, INC. (MI-O3-006)
PAGE 2 OF 6
will be utilized as the sales office and will be fronted with two sets of French doors. The
remainder of the dwelling unit floor plan is shown to be a standards single family layout. The lot
(Lot I, Block 2) is zoned R-8 and is located at the end ofE. Ashby Drive, on the east side ofN.
Meridian Road.
7.
This miscellaneous application is only for approval to allow a
model/temporary sales office on Lot I Block 2 of Sun dance Subdivision No. I.
8.
Title 11, Chapter 8 ofthe Meridian City Code (Schedule of Use Control) prohibits
Professional and Sales Office uses in the R-8 district. Unless a Planned Development
specifically proposes a sales office as part of the application, the MCC does not permit these uses
outright. The City has allowed sales office uses that are restricted to the sale of residential lots
and/or dwelling units within the subdivision for which the sales are intended. Sundance
Subdivision No. I was submitted as a Planned Development for the four office lots included in
the subdivision in the R-8 zone, but a sales office was not approved at that time. Therefore, staff
required a Miscellaneous application (MI) to be submitted for the otherwise prohibited or
conditional use.
9.
Giving due consideration to the comment received from the govemmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and
services required by the proposed application for approval to allow a model/temporary sales
office on Lot 1 Block 2 of Sundance Subdivision No. I will not impose expense upon the public
ifthe following conditions of approval are imposed:
Adopt the Recommendations of the Planning and Zoning staff as follows:
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR USE OF LOT I BLOCK 2
IN SUNDANCE SUBDIVISION FOR A MODEL SALES OFFICE FOR
COREY BARTON HOMES BY: COREY BARTON HOMES. INc. (MI-O3-006)
PAGE 3 OF 6
1.
2.
3.
The subdivision is permitted to have no more than one temporary use.
The front yard shall be landscaped and irrigated prior to occupancy.
The applicant shall be responsible for providing adequate off street
parking for the employees.
One wall sign is allowed for the temporary sales office. The sign shall be
limited in size to 18% of the wall area. No other signs shall be permitted.
A separate sign permit is required if signage is proposed.
Sanitary sewer service and domestic water service shall be hooked-up for
the proposed use. An assessment for sewer and water service will be
determined during the building permit application process.
The time frame for the sales and information use is for a period of 24
months. If the Applicant requires an extension of this pet-mined period, it
is recommended that they submit a status of their plans to the Planning and
Zoning Department after 24 months of operation (starting from the date of
occupancy). The City Council must approve of any time extension beyond
30 months.
4.
5.
6.
Adopt the Recommendations ofthe Meridian Fire Department as follows:
1.
Provide a fire flow per the Uniform Fire Code Appendix Ill-A to service the
project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix Ill-A
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
All entrance roads shall have a tuming radius of28' inside and 48' outside.
All access roads within the project shall have a clear driving surface with a
minimum width of20' available at all times. UFC 902.2.2.1.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
2.
3.
4.
5.
Adopt the Comments of Sanitary Service as follows:
1.
Sanitary Service will provide waste services during and after construction.
Adopt the Comments of the Ada County Highway District as follows:
1.
Ifthe site plan or use should change in the future, ACHD shall review the si te
plan and may require improvements to the transportation system at that time.
Prior to the construction or installation of any roadway improvements (curb,
gutter, sidewalk, pavement widening, driveways, culverts, etc.), a permit or
2.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR USE OF LOT 1 BLOCK 2
IN SUNDANCE SUBDIVISION FOR A MODEL SALES OFFICE FOR
COREY BARTON HOMES BY: COREY BARTON HOMES, INC. (MI-O3-006)
PAGE 4 OF 6
license agreement must be obtained from ACHD. In addition to any costs
associated with a permit or license agreement, a roadway impact fee wi I I be
assessed by ACHD and will be due prior to the issuance of a building penll it.
In accordance with ACHD's standard requirements, the applicant shall
3.
a) Meet District drainage requirements,
b) Replace or repair any damaged curb, gutter and sidewalk (as determined
by Construction Services),
c) Bear all costs for the relocation of utilities associated with improving
street frontages, and
d) Contact the District's Utility Coordinator or Construction Services
Department in regard to all utility street cuts to determine if the pavement
is less than five years old.
CONCLUSIONS OF LAW
1.
Approval of this request to use Lot 1 Block 2 in Sundance Subdivision No.1 for a
model/temporary sales office, is based upon the information provided by the applicant on the
model/temporary sales office, and which the model/temporary sales office is to be located on Lot
1 Block 2 of Sun dance Subdivision No. I at 3590 N. Ettay Way, Meridian, Idaho. The applicant
is required to comply with the conditions as stated in Findings of Fact No.9 above.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
That the applicant is granted approval to use Lot I Block 2 in Sundance
Subdivision No. I for a model/temporary sales office at 3590 N. Ettay Way,
Meridian, Idaho; and that the applicant shall be required to comply with all the
above conditions and requirements of staff and/or governmental entities.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR USE OF LOT 1 BLOCK 2
IN SUNDANCE SUBDIVISION FOR A MODEL SALES OFFICE FOR
COREY BARTON HOMES BY: COREY BARTON HOMES, INC. (MI-O3-006)
PAGE 5 OF 6
B . f h C. C .1' . .!) reI
l' actIOn ate Ity OunCI at Its regular meetmg held on the ~ day of
U,ru... ,2003.
ROLLCALL
COUNCILMAN BIRD
VOTED-¥-
VOTED~
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
VOTED~
COUNCILMAN NARY
VOTEDJ:f:ß=-
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED~
Attest:
By: ~~h-~I ~
City Clerk
Dated:
t- 7'-tl1
Z:\Work\M\MeridianlMeridian 1 5360M\Cory Barton Homes MI-O3-O06\FfClsOrdMI-O3-O06.doc
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR USE OF LOT 1 BLOCK 2
IN SUNDANCE SUBDIVISION FOR A MODEL SALES OFFICE FOR
COREY BARTON HOMES BY: COREY BARTON HOMES, INC. (MI-O3-006)
PAGE 6 OF 6