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HomeMy WebLinkAboutSettlement Bridge Sub CUPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 C/C 03/09/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT ON 70.64 ACRES FOR SETTLEMENT BRIDGE SUBDIVISION IN AN R-8 ZONE, LOCATED ON THE EAST SIDE OF LOCUST GROVE ROAD, AND ON THE SOUTH SIDE OF McMILLAN ROAD, IN SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO CAPITAL DEVELOPMENT, INC., APPLICANT Case No. CUP-03-065 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 24, 2004 and continued until March 9, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Dave Yorgason, and Gerald Clark, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 1 OF 30 Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 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 24, 2004 and continued until March 9, 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 February 24, 2004 and continued until March 9, 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 §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidauit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 30 Council on this application. 4. The property is located on the east side of Locust Grove Road, and on the. south side of McMillan Road, in Section 32, Township 4 North, Range 1 East, Meridian, Idaho. 5. The owners of record of the subject property are John and Jeanne D. Tolk, Co- Trustees of The John and Jeanne Tolk Trust, who have submitted their notarized consent for the subject application, and Capital Development, Inc.. 6. Applicant is Capital Development, Inc. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district of R-8 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 266 buildable lots and 34 common lots, with reduced lot frontages, reduced lot sizes, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road, on 70.64 acres in a proposed R-8 zone for Settlement Bridge Subdivision. The R-8 zoning designation is 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). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as deternvned by City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 30 11. The North Slough bisects the subject property and is a feature that will need to be protected. 12. The City Council recognizes the letter of concern from Darrell W. Brock dated Febniary 3, 2004. 13. 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. 14. 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 of the Planning and Zoning Commission as follows: Delete the last sentence of the second bullet in Site Specific Condition #2 on page 23, and add a sentence to the end of the condition that reads: "Lots sharing common driveways shall not be required to have any street frontage." 2. Add a sentence to the end of Site Specific Condition #3 that reads: "If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development." 3. Add a sentence to the end of Site Specific Condition #5 that reads: "The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 30 B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permitl 1. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-03-035) and Preliminary Plat (PP-03-041) as a condition of the Conditional Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: • Minimum lot size: 4,031 squaze-feet (attached lots); 5,250 square-feet (detached lots). • Minimum frontage: 40 feet for attached lots on straight-away streets and 28 feet (lots on comers/cul-de-sacs); 58 feet for detached lots on straight-away streets and 30 feet (lots on comers/cul-de-sacs). Lots sharing common driveways shall not be required to have any street frontage. • The Applicant is grantedpemvssion to exceed the 450-foot maximum cul-de- sac length as depicted on the submitted plat (approximately 950-feet long). As a condition ofincreasing the cul-de-sac length for Swift Water Drive/Pier Place, the Applicant shall construct an emergency access from Pier Place to McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lot/activity areas linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. If the City acquires a well site in the azea where common area is proposed, additional open space will not be required by the development. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewallcs shall be constructed as submitted and in accordance with MCC 12-5-2.K. The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk. C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 5 OF 30 Site Specific Conditions of Approval 1. Dedicate 48-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet ofright-of--way from the centerline of McMillan Road abutting the paz- cel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required pernuts), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair mazket value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds aze available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewallc on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside of the right-of--way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 30 c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilifies. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,000-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is fmal platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet ofright-of--way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet ofright-of--way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfmder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet ofright-of--way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 7 OF 30 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 12. Construct seven cul-de-sac turnazounds with islands within the turnarounds, as proposed. Provide a minimum fuming radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot azea. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved tumazound at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Constructthe island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately 10-feet in width at the throat of the street and can enlazge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat aze required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. 19. Construct alert-turn lane on McMillan Road at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 30 20. Construct alert-turn bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21.Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (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 aze required prior to building construction in accordance with Ordinance #198, 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 FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 9 OF 30 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 evenYany ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. That afire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' 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. 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 a turn around. 5. All entrances and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed subdivision will have a population of 771 and will have an unknown impact Meridian Fire Department call volumes. According to a report complete by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the yeaz 2005 and 3800 by the year 2010, this up from 2069 responses in the year 2000. 8. No vertical obstrucfions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI`IONAL USE PERNIIT PAGE 10 OF 30 9. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 10. The Meridian Fire Department would like to request that N. Pier Pl. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved byMeridian Fire Department and the Meridian Public Works Department. 11. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15, 35, 36, 37, 38, 39, 40, Block 5 Lot 16, 17, 18, 19, 20, 21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 12. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limited parking. 13. Parking shall be limited to one side on a1129' wide street sections. E. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: The Meridian School District has experienced phenomenal student growth the last ten yeazs. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. F. 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 from appropriate entities is subntted. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 30 3. Run-off is not to create a mosquito breeding problem. G. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply imgation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure imgation system an agreement needs to be in place prior to the pre- constnxctionmeeting. 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this azea is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or who ever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. H. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standazds. I. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the fixture subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 12 OF 30 2. Adequate water supply to meet the fire protection requirements must be conshvcted, installed and operational prior to signature on the final plat, unless anon-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supplywould need to be in place before any development could occur. 15. As part of the Planned Development (PD) the applicant is seeking relief from the standard lot frontage requirement, lot sizes, and maximum cut-de-sac length, as required by Meridian City Code. Further, the applicant is requesting a modification to the standazd development requirements for a sidewalk and landscaping on McMillan Road. It is found that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. 16. It is found that the proposed single-family residential subdivision, with a gross density of 3.7 dwelling units per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". 17. 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 or intended character of the area. 18. 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 PAGE 13 OF 30 the sunounding property. 19. The Meridian Fire Department submitted a list of conditions and needs, and said list is addressed hereinabove in 14.D. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the development for a new well. The developer has indicated that it maybe possible to locate the well within the "Grove" common area. The developer and Public Works Department continue to work oh the location of the well site. The ACRD is recommending, with site-specific and standard conditions, approval of the subject development. Review of ACHD's report will provide additional information for this project. 20. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, 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 there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. According to the Traffic Impact Study (TIS) prepared by Dobie Engineering, Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 30 odors. It is found that the proposed residential use will not be detrimental to people, property or the general welfare of the area. 22. It is not believed that the proposed vehicular approaches on Locust Grove Road, and McMillan Road will create an interference with traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information. 23. It is found that there are some existing trees and other mature landscaping near the existing farm house (near McMillan Road) that should be retained and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance MCC 12- 13-13. There will need to be an adopted plan of how to protect the "grove" trees during demolition of the farm house and new construction near the grove. There should be tree protection zones established and fenced before demolition begins. The applicant shall work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. It is further recommended that the applicant verify the status of the existing trees prior to submitting fmal plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. The applicant is proposing to relocate and leave the North Slough open abutting the site. It is believed that the North Slough is a scenic feature that should be protected. It is found that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the majority of the grove area is adequately protected and the North Slough is relocated in a manner that does not negatively impact its beauty. There is no awareness of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 15 OF 30 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and 3fII, 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 maybe 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 30 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; 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, glaze 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 Density Residential District (R-8), 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 § 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 17 OF 30 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure, that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law: (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 18 OF 30 DECISION AND ORDER GRANTING CONDITIONAL USE PERMTI' SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a Planned Development consisting of 266 buildable lots and 34 common lots, with reduced lot frontages, reduced lot sizes, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road, on 70.64 acres in a proposed R-8 zone for Settlement Bridge Subdivision, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Delete the last sentence of the second bullet in Site Specific Condition #2 on page 23, and add a sentence to the end of the condition that reads: "Lots sharing common driveways shall not be required to have any street frontage." 2. Add a sentence to the end of Site Specific Condition #3 that reads: "If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development " 3. Add a sentence to the end of Site Specific Condition #5 that reads: "The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements oftheAnnexation/Zoning (AZ-03-035) and Preliminary Plat (PP-03-041) as a condition of the Conditional Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 30 • Minimum lot size: 4,031 square-feet (attached lots); 5,250 square-feet (detached lots). • Minimum frontage: 40 feet for attached lots on straight-away streets and 28 feet (lots on comers/cul-de-sacs); 58 feet for detached lots on straight-away streets and 30 feet (lots on comers/cul-de-sacs). Lots sharing common driveways shall not be required to have any street frontage. • The Applicant is grantedpermission to exceed the 450-foot maximum cul-de- sac length as depicted on the submitted plat (approximately 950-feet long). As a condition of increasing the cul-de-sac length for Swift Water Drive/Pier Place, the Applicant shall construct an emergency access from Pier Place to McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lotlactivity areas linked by a lineaz open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough aze approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. If the City acquires a well site in the area where common azea is proposed, additional open space will not be required by the development. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.x. The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair mazket value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 20 OF 30 prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet ofright-of--way from the centerline of McMillan Road abutting the par- cel bymeans of a warranty deed. The right-of--way purchase acid sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot concrete sidewallc if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside of the right-of--way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,000-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East TrAnity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERNIIT PAGE 21 OF 30 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet ofright-of--way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet ofright-of--way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet ofright-of--way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the tumarounds, as proposed. Provide a minimum fuming radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 13. Construct an approved tumamund at the terminus of North Sharp Shooter Court OR FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 22 OF 30 Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved tumaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately 10-feet in width at the, throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. 19. Construct alert-turn lane on McMillan Road at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct alert-turn bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21.Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Crrove Road is prohibited. Notes of this access restriction will be required to be noted on the fmal plat.. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 23 OF 30 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 home by the developer. 3. Replace any existing damaged curb, gutter and sidewallc and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (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. 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 #198, 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 ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two frill business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid. unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 24 OF 30 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 Meridian Fire Department Recommendations as follows: 1. That afire-flow as required by the Intemational Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' 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. 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 a tum around. 5. All entrances and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed subdivision will have a population of 771 and will have an unknown impact Meridian Fire Department call volumes. According to a report complete by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this up from 2069 responses in the year 2000. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 10. The Meridian Fire Department would like to request that N. Pier Pl. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end of N. Pier Place where the access for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECI5ION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 25 OF 30 sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 11. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15, 35, 36, 37, 38, 39, 40, Block 5 Lot 16, 17, 18, 19, 20, 21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 12. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limited pazking. 13. Parking shall be limited to one side on al129' wide street sections. E. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. F. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & 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. G. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. All imgation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTI' PAGE 26 OF 30 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or who ever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. H. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless anon-build agreement is executed and recorded prior to signature on the fmal plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTI' PAGE 27 OF 30 provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF 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 conmvssion 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 28 OF 30 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 finm the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 maybe 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~ day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 29 OF 30 . Z 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED_ COUNCILMAN BILL NARY VOTED~~ COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED:D MOTION: APPROVED: DISAPPROVED: Attest: William G. Berg, Jr., City Copy served upon Applicant, Planning Department and the City Attorney. By: City Clerk a~-~ ~_~/~ Mayor nl de Weerd ,l~muunle~p~ SEAL ,~~pT,~ilbllc Works `~~pN```~wtte, ~~''i ~~ Z:\Work~IvllMeridisnlMeridum I5360M~SetOement Bridge sub AZ-03-035 PP-03-047 TFo SEAL 1$~ %~O vsr y$S~ _1Y y~~ {-065.da ''glrnru tll 177[7"` FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 30 OF 30 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 C/C 03/09/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT ON 70.64 ACRES FOR SETTLEMENT BRIDGE SUBDIVISION IN AN R-S ZONE, LOCATED ON THE EAST SIDE OF LOCUST GROVE ROAD, AND ON THE SOUTH SIDE OF McMILLAN ROAD, IN SECTIN 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO CAPITAL DEVELOPMENT, INC., APPLICANT Case No. CUP-03-065 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on February 24, 2004 and continued until March 9, 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 for a Planned Development consisting of 266 buildable lots and 34 common lots, with reduced lot frontages, ORDER CONDTTIONAL USE PERMIT (CUP-03-065) PAGE 1 OF 13 reduced lot sizes, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road, on 70.64 acres in a proposed R-8 zone for Settlement Bridge Subdivision, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Delete the last sentence of the second bullet in Site Specific Condition #2 on page 23, and add a sentence to the end of the condition that reads: "Lots sharing common driveways shall not be required to have any street frontage." 2. Add a sentence to the end of Site Specific Condition #3 that reads: "If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development." 3. Add a sentence to the end of Site Specific Condition #5 that reads: "The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-03-035) and Preliminary Plat (PP-03-041) as a condition of the Conditonal Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: • Minimum lot size: 4,031 square-feet (attached lots); 5,250 square-feet (detached lots). • Minimum frontage: 40 feet for attached lots on straight-away streets and 28 feet (lots on corners/cul-de-sacs); 58 feet for detached lots on straight-away streets and 30 feet (lots on comers/cul-de-sacs). Lots sharing conunon driveways shall not be required to have any street frontage. • The Applicant is granted permission to exceed the 450-foot maximum cul-de- sac length as depicted on the submitted plat (approximately 950-feet long). As a condition of increasing the cul-de-sac length for Swift Water Drive/Pier Place, the Applicant shall construct an emergency access from Pier Place to ORDER CONDTTIONAL USE PERMIT (CUP-03-065) PAGE 2 OF 13 McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lot/activity azeas linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. If the City acquires a well site in the area where common area is proposed, additional open space will not be required by the development. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coincides with the sidewalk. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Conunission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet ofright-of--way from the centerline of McMillan Road abutting the paz- cel bymeans of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator ORDER CONDTTIONAL USE PERMIT (CUP-03-065) PAGE 3 OF 13 prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside of the right-of--way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,000-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south properly line, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of ORDER CONDTITONAL USE PERMIT (CUP-03-065) PAGE 4 OF 13 Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet ofright-of--way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet ofright-of--way, as proposed. Adequately sign the roadway to prohibit pazking oa one side. Submit a copy of the signage plan to District staff for review and approval. 10. Conshuct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet ofright-of--way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the tumazounds, as proposed. Provide a minimum fuming radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnazounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot azea. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. ORDER CONDTTIONAL USE PERNIIT (CUP-03-065) PAGE 5 OF 13 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of 10-feet at the intersection of Locust Grove Road. (The island should be approximately 10-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. 19. Construct alert-turn lane on McMillan Road at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct alert-tum bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21.Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. 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. ORDER CONDITIONAL USE PERNIIT (CUP-03-065) PAGE 6 OF 13 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada Courity 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 #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 ORDER CONDITIONAL USE PERNIIT (CUP-03-065) PAGE 7 OF 13 of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Deparlrnent Recommendations as follows: 1. That afire-flow as required by the lntemational Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Deparlment. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 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 a turn around. 5. All entrances and internal roads shall have a honing radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed subdivision will have a population of 771 and will have an unknown impact Meridian Fire Department call volumes. According to a report complete by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this up from 2069 responses in the year 2000. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 10. The Meridian Fire Department would like to request that N. Pier Pl. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 11. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15, 35, 36, 37, 38, 39, 40, Block 5 Lot 16, 17,18,19, 20, 21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. ORDER CONDTTIONAL USE PERNIIT (CUP-03-065) PAGE 8 OF 13 12. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limited parking. 13. Parking shall be limited to one side on a1129' wide street sections. E. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. F. 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 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. G. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. All imgation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. ORDER CONDTTIONAL USE PERNIIT (CUP-03-065) PAGE 9 OF 13 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure imgation system an agreement needs to be in place prior to the pre- constructionmeeting. 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not reconunend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or who ever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. H. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standazds. I. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless anon-build agreement is executed and recorded prior to signature on the Fmal plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, ORDER CONDITIONAL U5E PERMIT (CUP-03-065) PAGE 10 OF 13 including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 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 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) ORDER CONDTTIONAL USE PERNIIT (CUP-03-065) PAGE 11 OF 13 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 from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the fixture phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 maybe 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDTITONAL USE PERNIIT (CUP-03-065) PAGE 12 OF 13 By action of the City Council at its regular meeting held on the /2 , 2004. ~~~ day of T de W ,Mayor City of Meridian Attest: ``,,,J~t~ n u Ugpr'`,i r g `! _ ~~~~ _ William G. Berg, Jr., Ci Cler 0 .y ~ ~ Copy served upon Applicant, the Planning' r n ~~~ ~pariment, Public Works Department and City Attorney. "S,p.~ririiUrlgi ~~ ' ~i ~, r~ By: ~~ Dated: ~' ~~~~ = 5~~~ ]ty Clerk = ~'c~, ~'~ ` 7Q ~ ''% -~ UST iSZ . ~`~\. ~t~''°nr+rnr~ n~s~~tt~''~~~* Z:\Work\ivllMeridian\Ivferidian 15360M\Settlement Bridge Suh AZ-03-035 PP-03-041 C[JP-03-065\OrderCUP.dac ORDER CONDTTIONAL USE PERMIT (CUP-03-065) PAGE 13 OF 13