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HomeMy WebLinkAboutSparrowhawk Subdivision CUP-03-066 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT APPROVAL TO MODIFY A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO INCLUDE 108,107 SQUARE FEET OF NON- RESIDENTIAL BUILDINGS ON 15.8ACRES IN A C-G ZONE, LOCATED ON THE NORTHEAST CORNER OF FRANKLIN ROAD AND NOLA ROAD, WITHIN SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO DAVID WALDRON, APPLICANT CIC 03-02-04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-066 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 March 2, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, David Waldron, Rod Cullen and John Anderson, 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 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 (2) consecutive weeks prior to the said public hearing scheduled for March 2, 2004, 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 March 2, 2004, 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 §67-6S09, 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 an CoG zone 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 4. The property is located on the northeast corner of Franklin Road and Nola Road, within Section 8, Township 3 North, Range I East, Meridian, Idaho. 5. The owner of record of the subject property is Dee R. Lynn, who has provided notarized consent for the subject application. 6. Applicant is David Waldron. 7. The subject property is currently zoned CoG. The zoning district of CoG is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval to modifY a previously approved Conditional Use Permit for a Conceptual Planned Development including 108,107 square feet of non-residential buildings. The Planned Development 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. (MCC 11-8-1). Plan. 10. 9. The proposed application is in compliance with the Meridian Comprehensive The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II 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. 12. Giving due consideration to the comment received ITom 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 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 Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions ofthe previously approved Annexation/Zoning (AZ-00-O24), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-02- 001), and the current Preliminary Plat (PP-03-043) application shall also be considered conditions of the Conceptual Conditional Use PermitlPD (CUP-03-066). All future buildings with the subject development, whether constructed under the subject ownership, or on individually owned lots, shall be designed under the established set of architectural criteria approved with Sparrowhawk Subdivision #1 and CUP-02-001. 2. The Applicant shall be allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months ITom the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. This condition shall modify the previously approved requirement that all perimeter landscaping be installed prior to occupancy of any building within the development (including the apartment complex that is not a part of the subject application). 3. Construct a IS-foot wide landscape buffer, rather than a 20-foot wide landscape buffer, along the north property line. Landscape materials should be installed per MCC 12-13-12-4. 4. The proposed amenities for the planned development: two picnic areas with benches and additional landscaping located just off the accesses on Lots 7 & 10, Block 1, are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as described in the Applicant's submittal letter. 5. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to submittal of a detailed Conditional Use Permit, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordancewithMCC ll-12-I.C. 6. Align the drive aisle and sidewalk into the office park area with the existing driveway and sidewalk serving the apartment complex to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 7. The proposed parking exceeds the 182 required stalls (323 proposed). Off-street parking shall be provided in accordance with MCC 11-13 and MCC 12-13-11 and/or as detailed in the site-specific requirements. All two-way drive aisles adjacent to 90-degree parking shall be at least 25 feet wide (measured back-of-stall to back-of-stall). All parking and drive aisles shall be paved. Paving and striping of parking areas shall be in accordance with the standards set forth in Meridian City Code and in accordance with Americans with Disabilities Act (ADA) requirements. 8. Provide a minimum 8% of the total area of the interior of the parking lot with landscaping as proposed. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 9. Applicant shall submit 10 copies to the City Clerk of a revised site plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 10. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, banners or flashing signs will be permitted. 11. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with MCC 11-13- 4C. 12. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 13. All proposed sidewalks shall be constructed as submitted and in accordance withMCC 12-5- 2.K. Sidewalks shall be constructed prior to occupancy. 14. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a conditional use permit, and a certificate of zoning compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). 15. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 16. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility for compliance. 17. The subject conditional use permit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 18. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- l7-4.B. 8. Adopt the Recommendations of ACHD as follows: 1. Comply with the conditions of Sparrowhawk Subdivision, as approved on February 28, 2001 by the Ada County Highway District Commission. C. Adopt the Meridian Fire Department Recommendations as follows: 1. Commercial and office occupancies will require a fire-flow as required by the Intemational Fire Code to service the proposed project. Fire hydrants shall be placed an average 0[300' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained ITee of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Building setbacks shall be per the Building Code for one and two story construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 9. The roadways shall be built to Ada County Highway Standards and shall have a cIeardriving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. II. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer. 12. All building uses and processes to comply with the fire code in effect at the time of construction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. D. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval ITom 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. E. Adopt the Recommendations of the Meridian Parks Department as follows: I. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" ftuiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. F. Adopt the recommendations of the Sanitary Services Company (SSe) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSe. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. G. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 2. 1. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either ofthese plans change the District will need to do a review on the proposed drainage site as well as the modification of the pressure irrigation system. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation of the entire Barker Lateral which services several hundred people upstream ITom this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method of the District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. H. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to John Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision,.to make sure FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shall not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrowhawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the ditch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shall be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2,2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns ofMr. Anderson and we are fully aware of the requirements of the irrigation system and it's our intent to pipe that system and we completely understand that we are not going to be able to exercise any construction during the summer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record ITom that meeting. 13. The City Council recognizes the concerns of John Anderson expressed in his letter dated January 26,2004, from the Nampa & Meridian Irrigation District dated January 14, 2004, and ITom Milo O. Elston in his letter dated February 11, 2004. 14. The applicant, David Waldron, applied for Preliminary Plat and Conditional Use Permit approval of II buildable lots and one other common lot on 15.8 acres ofC-G property. Within the 11 buildable lots, the applicant is requesting conceptual CUP approval of 43,070 square feet of office space, 33,912 square feet of commercial space, 6,000 square feet of retail/service space, and 25,125 square feet for self storage units. The site is located on the northeast corner of Franklin Road and Nola Road. The Comprehensive Plan designates this site as "Commercial". In 200 I, the City approved a request for annexation and zoning of this site to CoG (General Retail and Service Commercial District). Concurrent with the annexation and zoning, a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 3-lot commercial subdivision application was processed. This commercial subdivision, Sparrowhawk Subdivision, recorded in 2003. In 2002, the City approved the Foothills Apartments (CUP-02-00l), a 54-unit multi-family development on Lot I, Block I, of Sparrowhawk Subdivision. The apartment complex was approved using a 20% use exception as allowed by Meridian City Code. Along with the apartment complex, CUP-02-001 also included a request for conceptual approval of 12 commercial buildings containing 134,760 square feet of retail, warehouse, and office uses on Lots 2 and 3, Block 1. Some of the conceptual uses that were proposed included: a convenience store, car wash, gymnastic center, bank, and restaurants. The subject applications propose to modify CUP-02-001. As part of the PD the Applicant is requesting to defer construction of the required 35-foot landscape buffer along Franklin Road until final site excavation is underway. The Applicant is also requesting Alternative Compliance to the required landscape buffer along the north property line. See Special Consideration "A" for the Conditional Use Permit of the Staff Report for detailed analysis ofthis request. The Applicant is proposing to construct picnic benches within the landscape areas, just off the entries as amenities for the PD. See Special Considerations "B" for the Conditional Use Permit of the Staff Report for a detailed analysis ofthe proposed amenities and the design thereof. 15. As part of the Planned Development (PD) the Applicant is seeking relief ITom the standards requirement to construct the 35-foot wide street buffer on Franklin Road prior to occupancy of any of the buildings. Further, the Applicant is requesting a modification to the standard development requirements for a land use buffer between the industrial uses to the north. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 (See Staff Report Special Consideration #1) Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the PD, to modify specific development standards. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the PD process. 16. It is found that the proposed mixed-use subdivision is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Commercial". 17. If the landscape buffers are constructed as outlined in the Staff Report, it is found that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing character or intended character of the area. 18. It is not anticipated that the proposed development will adversely affect the other properties in the vicinity. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project, and which list is addressed above in number 12.c. Water and sanitary sewer service are proposed to be extended ITom mains being installed adjacent to the proposed development. On January 9, 2004, a joint agencyldepartment comments meeting was held with representatives of key service providers to this property. Detailed conditions ITom Sanitary Services Company (SSe), the Meridian Fire Department and the Meridian Parks Department are addressed above in number 12. ACHD staff has approved this application with site-specific and standard FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 conditions. The ACHD conditions are addressed in number 12 above. 20. The developer will be financing the extension of sewer, water, local street inITastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 21. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated that the proposed development will create excessive noise, smoke, fumes, glare or odors. It is also found that the proposed uses will not be detrimental to people, property or the general welfare ofthe area. 22. Review ofthe ACHD report for this project will provide for additional information regarding this project. 23. There are no natural or scenic feature(s) of major importance in the area that maybe affected by the proposed development. 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. §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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 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 § 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, 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, 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; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 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 CoG zone, 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 ofthe land 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 conditions of that approval that reasonably: 8. 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. 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: 1. That the above named applicant is granted a conditional use permit to modifY a previously approved Conditional Use Permit for a Conceptual Planned Development including 108,107 square feet of non-residential buildings in an C-G zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions of the previously approved Annexation/Zoning (AZ-00-024), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-02-001), and the current Preliminary Plat (PP-03-043) application shall also be considered conditions of the Conceptual Conditional Use PermitlPD (CUP-O3-066). All future buildings with the subject development, whether constructed under the subject ownership, or on individually owned lots, shall be designed under the established set of architectural criteria approved with Sparrowhawk Subdivision #1 and CUP-02-001. 2. The Applicant shall be allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months ITom the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. This condition shall modify the previously approved requirement that all perimeter landscaping be installed prior to occupancy of any building within the development (including the apartment complex that is not a part of the subject application). 3. Construct a IS-foot wide landscape buffer, rather than a 20-foot wide landscape buffer, along the north property line. Landscape materials should be installed per MCC 12-13-12-4. 4. The proposed amenities for the planned development: two picnic areas with benches and additional landscaping located just off the accesses on Lots 7 & 10, Block I, are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as described in the Applicant's submittal letter. s. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by Sse. Prior to submittal of a detailed Conditional Use Permit, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC ll-12-I.C. 6. Align the drive aisle and sidewalk into the office park area with the existing driveway and sidewalk serving the apartment complex to the east. 7. The proposed parking exceeds the 182 required stalls (323 proposed), Off-street parking shall be provided in accordance with MCC 11-13 and MCC 12-13-11 and/or as detailed in the site- specific requirements. All two-way drive aisles adjacent to 90-degree parking shall be at least 25 feet wide (measured back-of-stall to back-of-stall). All parking and drive aisles shall be paved. Paving and striping of parking areas shall be in accordance with the standards set forth in Meridian City Code and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 8. Provide a minimum 8% of the total krea of the interior of the parking lot with landscaping as proposed. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 9. Applicant shall submit 10 copies to the City Clerk of a revised site plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 10. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, banners or flashing signs will be permitted. 11. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with MCC ll-13-4C. 12. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 13. All proposed sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalks shall be constructed prior to occupancy. 14. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a conditional use permit, and a certificate of zoning compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). 15. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the fin~1 plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. 16. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility for compliance. 17. The subject conditional use permit m¡¡ybe revoked or modified by the City Council, upon notice and hearing, for breach or violation! of any condition of approval or limitation of the permit (MCC 11-17-11). 18. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17- 4.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 170F23 B. Adopt the Recommendations of ACHD as follows: I. Comply with the conditions of Sparrowhawk Subdivision, as approved on February 28, 2001 by the Ada County Highway District Commission. C. Adopt the Meridian Fire Department Recommendations as follows: I. Commercial and office occupancies will require a fire-flow as required by the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained ITee of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets shall have a vertical clearanceof13'6". This includes maturelandscaping. 11. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 12. All building uses and processes to comply with the fire code in effect at the time ofconstruction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval ITom 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 storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: I. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" fruiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. F. Adopt the recommendations of the Sanitary Services Company (SSe) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in ITont of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. G. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: I. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either of these plans change the District will need to do a review on the proposed drainage site as well as the modification of the pressure irrigation system. 2. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation ofthe entire Barker Lateral which services several hundred people upstream ITom this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method of the District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. H. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to John Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision, to make sure that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shall not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrowhawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the ditch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shall be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2,2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns of Mr. Anderson and we are fully aware ofthe requirements of the irrigation system and it's our intent to pipe that system and we FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 completely understand that we are not going to be able to exercise any construction during the sununer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record ITom that meeting. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 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 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the G 1;6. day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~~ VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED ~ MA YORT AMMY de WEERD (TIE BREAKER) DATED: ~-~-tì~ VOTED .c-- MOTION: V APPROVED:~ DISAPPROVED:- Attest: Dated: By:A~Þ~I9v City Clerk Z:\WorklMlMeridianlMeridian 15360MlSparrowhawk Sub PP-Q3-Q43 CUP-O3-O66\FfCIsCUPO3-O66.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 03/02/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT APPROVAL TO MODIFY A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO INCLUDE 108,107 SQUARE FEET OF NON- RESIDENTIAL BUILDINGS ON 15.8 ACRES IN A CoG ZONE, LOCATED ON THE NORTHEAST CORNER OF FRANKLIN ROAD AND NOLA ROAD, WITHIN SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO Case No. CUP-O3-066 ORDER GRANTING CONDITIONAL USE PERMIT DAVID WALDRON, APPLICANT 1. This matter coming before the City Council on March 2, 2004, 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 to modifY a previously approved Conditional Use Permit for a Conceptual Planned Development including ORDER CONDITIONAL USE PERMIT (CUP-03-O66) PAGE 1 OF 9 108,107 square feet of non-residential buildings in an C-G zone, subject to the following conditions of use and development: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions of the previously approved Annexation/Zoning (AZ-00-024), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-02- 001), and the current Preliminary Plat (PP-03-043) application shall also be considered conditions of the Conceptual Conditional Use PermitlPD (CUP-03-066). All future buildings with the subject development, whether constructed under the subject ownership, or on individually owned lots, shall be designed under the established set of architectural criteria approved with Sparrowhawk Subdivision #1 and CUP-02-001. 2. The Applicant shall be allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months ITom the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. This condition shall modifY the previously approved requirement that all perimeter landscaping be installed prior to occupancy of any building within the development (including the apartment complex that is not a part of the subject application). 3. Construct a I 5-foot wide landscape buffer, rather than a 20-foot wide landscape buffer, along the north property line. Landscape materials should be installed per MCC 12-13-12-4. 4. The proposed amenities for the planned development: two picnic areas with benches and additional landscaping located just off the accesses on Lots 7 & 10, Block I, are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as described in the Applicant's submittal letter. 5. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to submittal of a detailed Conditional Use Permit, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC ll-12-I.C. 6. Align the drive aisle and sidewalk into the office park area with the existing driveway and sidewalk serving the apartment complex to the east. ORDER CONDITIONAL USE PERMIT (CUP-O3-066) PAGE 2 OF 9 7. The proposed parking exceeds the 182 required stalls (323 proposed). Off-street parking shall be provided in accordance with MCC 11-13 and MCC 12-13-11 and/or as detailed in the site-specific requirements. All two-way drive aisles adjacent to 90-degree parking shall be at least 25 feet wide (measured back-of-stall to back-of-stall). All parking and drive aisles shall be paved. Paving and striping of parking areas shall be in accordance with the standards set forth in Meridian City Code and in accordance with Americans with Disabilities Act (ADA) requirements. 8. Provide a minimum 8% ofthe total area of the interior of the parking lot with landscaping as proposed. Per MCC 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. 9. Applicant shall submit 10 copies to the City Clerk of a revised site plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 10. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary signage, flags, banners or flashing signs will be permitted. II. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall bein accordance with MCC 11-13- 4C. 12. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 13. All proposed sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. Sidewalks shall be constructed prior to occupancy. 14. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a conditional use permit, and a certificate of zoning compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 15. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. ORDER CONDITIONAL USE PERMIT (CUP-O3-066) PAGE30F9 16. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility for compliance. 17. The subject conditional use permit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 18. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. B. Adopt the Recommendations of ACHD as follows: I. Comply with the conditions of Sparrowhawk Subdivision, as approved on February 28, 200 I by the Ada County Highway District Commission. C. Adopt the Meridian Fire Department Recommendations as follows: I. Commercial and office occupancies will require a fire-flow as required by the Intemational Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained ITee of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-O3-066) PAGE40F9 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets. shall have a vertical clearance of 13'6". This includes mature landscaping. II. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 12. All building uses and processes to comply with the fire code in effect at the time of construction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. D. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval ITom 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. S. 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. E. Adopt the Recommendations of the Meridian Parks Department as follows: ORDER CONDITIONAL USE PERl\ßT (CUP-03-066) PAGESOF9 I. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" ftuiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: I. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floorlpad, container stopslbumpers, and dimensions. Coordinate the design with SSe. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. G. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either of these plans change the District will need to do a review on the proposed drainage site as well as the modification of the pressure irrigation system. 2. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation of the entire Barker Lateral which services several hundred people upstream from this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method ofthe District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE60F9 H. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to John Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision, to make sure that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shall not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrowhawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the ditch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shall be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2, 2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns of Mr. Anderson and we are fully aware of the requirements of the irrigation system and it's our intent to pipe that system and we completely understand that we are not going to be able to exercise any construction during the summer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record ITom that meeting. 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit ORDER CONDITIONAL USE PERMIT (CUP-O3-066) PAGE 7 OF 9 holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the ORDER CONDITIONAL USE PERMIT (CUP-03-066) PAGE80F9 City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 6r,!:; By action of the City Council at its regular meeting held on the day of +/2 ,2004. By: ~~~~ ~ City Clerk ' Attest: Dated: Z;\Work\M\Meridian\Meridian 15360MlSpaITOwhawkSuh PP-O3-043 CUP-OJ-O66\OrdorCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-O3-066) PAGE90F9