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HomeMy WebLinkAboutRedfeather Estates Sub No.2 CUPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/02/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL U5E PERMIT FOR A PLANNED DEVELOPMENT FOR REDFEATHER ESTATES SUBDIVISION N0.2 IN AN R-4 ZONE, LOCATED ON THE SOUTH SIDE OF USTICK ROAD,'/ MILE WEST OF CLOVERDALE ROAD, AND THE EAST SIDE OF EAGLE ROAD/SH 55, '/ MILE SOUTH OF USTICK, MERIDIAN, IDAHO PACKARD ESTATES DEVELOPMENT,LLC, APPLICANT Case No. CUP-03-041 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 2, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills, Kenny Bowers and Susan Cole, 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 FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 1 OF 24 City 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 March 2, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 2, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in 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 Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 24 4. The property is located on the south side of Ustick Road, '/ mile west of Cloverdale Road, and the east side of Eagle Road/SH/55, '/ mile south of Ustick, Meridian, Idaho. 5. The owners of record of the subject property are Hany and Frances Bryson, Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will Grant, The Ustick 36, LLC, and Archie Ralph Wood. 6. Applicant is Packard Estates Development, LLC. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-4 (Low Density Residential) before the City Council. The zoning districts of R-4 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 302 building lots and 28 other lots on 90.29 acres in a proposed R-4 zone for Redfeather Estates Subdivision No. 2. The R-4 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 for the proposed R-4 property. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 3 OF 24 11. The City Council recognizes the concerns of the following individuals - Sherry and Harvey Hoff (letter dated 9/12/03) - J.P. Rolison (letter dated 9/1/03) - Charles and Josephine Altman (letter dated 9/3/03) - Fitzroy A. and Virginia Belcher (letter dated 9/4/03) - Hal and Michelle Broadhead (letter dated 9/3/03) - Gerald J. and Cathy L. Reeves (letter dated 9/3/03) - J.R. Nishioka (letter dated 9/1/03) - Wilbur K. and Barbara A. Braddick (letter dated 9/8/03) - Dan and Darlene Thompson - Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Jeffries (letter dated 9/11/03) - Sue Piva (letter dated 12/4/03) - Michael Tyvand (letter dated 12/4/03) 12. The Meridian City Council takes judicial nofice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements ofthe annexation/rezone and preliminary plat as a condition of the conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMPI' PAGE 4 OF 24 2. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced minimum house size and block length requirements, aze approved as depicted on the submitted site plan. 3. The applicant shall provide the following amenities as a condition of the CUP/PD: a pocket park on Lot 1, Block 9 (with aclubhouse/pool/recreation area), a pocket park on Lot 3, Block 24 (with a basketball court), and amulti-use pathway along the South Slough. All amenities shall either be constructed or bonded for prior to signature on the final plat. (The Block numbers in this paragraph have been revised pet the action of the City Council taken at their March 2, 2004 meeting.) 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The following reductions to the Zoning and Subdivision Ordinance dimensional standazds aze approved as part of CUP-03-041 Lot Size- City Requirement R-8: 6,500 sq. ft. per lot (detached) Proposed Lot Sizes R-8: 5,250 sq. ft. minimum per lot (detached) House Size- City Requirement 1,301 sq. ft. minimum Frontage- City Reauirement 65' minimum (standazd) 40' minimum (cul-de-sac) Proposed Minimum Area 1,200 sq. ft. minimum Proposed Minimum Frontage 37' 33' Block Length-Gifu Reauirement Proposed Lengths 500' minimum 215' minimum 1,000' maximum 1,850' maximum B. Adopt the Recommendations of 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 5 OF 24 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. C. Adopt the Recommendations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiona123- feet ofright-of--way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-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 Ustick Road, located a minimum of 23-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 Ustick Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewallcs, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate* at the connection of Duane Drive* and Palm Street for the present time. Construct a pedestrian bicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). *Duane Drive shall be a public street connection. Also, a public hearing would have to beheld by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". 11. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-tum radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct anisland/median within the publicright-of-way of North Grenadier Way (near the intersection of Ustick Road), as proposed. Provide a minimum of a 21-foot street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 7 OF 24 section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum fuming radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of--way, exchange the existing right-of--way, or improve the existing right-of--way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' 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 which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 24 6. 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. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost ofthis installation is to be home by the developer. ter' ~ The public street connection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: Duane Drive shall be a public street connection. Also, a public hearing would have to beheld by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's of letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion ofthe property is to be made a part of this annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City ofMeridian and the owners of the property to be zoned C-G (Harry FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 24 & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement also cites the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of--way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increase landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 14. It is found that the subject property is large enough to accommodate the requested use and all required yards, open spaces and other features required by this ordinance, upon the submittal of the revised preliminary plat. 15. The current Comprehensive Plan Land Use Map designates the property as Medium Density Residential for the proposed R-4 property. It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 16. That the proposed R-4 zoning and subsequent residential use proposed in the revised preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. It is also found that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. It is also found that that to ensure compatibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and harmonious appearances in the future. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 24 other similar subdivisions in the general vicinity. It is not found that the project will adversely change the essential character of the area. 17. It is not anticipated that the proposed project will have an adverse impact on other properties within the vicinity. 18. It is found that the proposed development can be adequately served by the essential public facilities and services. The Meridian Fire Department submitted conditions, and said conditions are addressed in number 13. D. hereinabove. Water and sanitary sewer service are proposed to be extended from existing service lines in Ustick Road and near the South Slough, via Eagle Road. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. 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 and school facilities and services. 20. It is found that the proposed uses on the subject property will create additional traffic on nearby arterial roadways. It is also 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 the proposed uses will create excessive noise, smoke, fumes, glare, or odors. 21. ACRD has reviewed and recommended approval of the vehicular approach to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 24 site from Ustick Road. The ACHD Commission approved the subject application and proposed vehicle approaches. Further, the applicant is proposing to extend stub streets that were originally approved and constructed to provide efficient access to the site, limiting the amount of interference with traffic on surrounding streets. Review of the ACHD report for this project will provide additional information. 22. A revised Landscape Plan was submitted and which Plan increased the landscaping along Ustick Road to 35 feet, it took out the very long street and created a loop. Additionally, there will be pedestrian access from the curr-ent terminus ofBriarwood Drive to Briazwood Subdivision, as proposed, and to retain the existing maple tree. All trees that aze removed from this site shall be mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the Planning and Zoning Department. The South Slough (Finch Lateral) crosses the subject property along the southwest corner of the proposed R-4 property. The Milk Lateral will be piped by the Applicant. The applicant is proposing to construct a 10-foot wide paved multi-use pathway adjacent to the lateral as part ofthe development proposal for the Redfeather development. If all applicable agency design and treatment standards are complied with, it is found that the proposed pathway will not result in the destruction, loss or damage of the lateral. Rather the proposal should enhance the lateral by allowing nearby residents to enjoy the feature. There appears to be no other natural or scenic features of major importance in the azea that maybe affected the proposed rezone/uses. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the tenns of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 24 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, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4), 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 beheld before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 24 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) 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 CONDTl'IONAL USE PERMIT PAGE 15 OF 24 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a Planned Development consisting of 302 building lots and 28 other lots on 90.29 acres in a proposed R-4 zone for Redfeather Estates Subdivision No. 2 located on the south side of Ustick Road, '/ mile west of Cloverdale Road, and the east side of Eagle Road/SH/55, '/a mile south of Ustick„ Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements ofthe annexation/rezoneand preliminary plat as a condition of the conditional use permit. 2. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced minimum house size and block length requirements, are approved as depicted on the submitted site plan. 3. The applicant shall provide the following amenities as a condition of the CUP/PD: a pocket park on Lot 1, Block 9 (with aclubhouse/pooUrecreationarea), apocket park on Lot 3, Block 24 (with a basketball court), and amulti-use pathway along the South Slough. All amenities shall either be constructed or bonded for prior to signature on the final plat. (The Block numbers in this paragraph have been revised per the action ofthe City Council taken at their March 2, 2004 meeting.) 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The following reductions to the Zoning and Subdivision Ordinance dimensional standards aze approved as part of CUP-03-041 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 16 OF 24 Lot Size- City Reauirement R-8: 6,500 sq. ft. per lot (detached) House Size- Citv Reauirement 1,301 sq. ft. minimum Frontage- City Requirement 65' minimum (standard) 40' minimum (cul-de-sac) Pronosed Lot Sizes R-8: 5,250 sq. ft. minimum per lot (detached) Pronosed Minimum Area 1,200 sq. ft. minimum Pronosed Minimum Frontaee 37' 33' Block Length-City Reauirement Proposed Leneths 500' minimum 215' minimum 1,000' maximum 1,850' maximum B. Adopt the Recommendations of 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. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. C. Adopt the Recommendations of ACRD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 24 applicant's specific development project) an additiona123- feet ofright-of--way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-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 Ustick Road, located a minimum of 23-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 sidewallc along Ustick Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. Constmct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. Install swinging gate* at the connection of Duane Drive* and Palm Street for the present time. Construct a pedestrian bicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). *Duane Drive shall be a public street connection. Also, a public hearing would have to beheld by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 24 Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 12. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 13. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 14. Construct anisland/median within the public right-of-way of North Grenadier Way (neaz the intersection of Ustick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnazounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-squaze foot area. Any proposed landscape islands/medians within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. 15. Construct five cul-de-sac turnazounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 16. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 17. Vacate the existingright-of--way, exchange the existing right-of--way, or improve the existing right-of--way within the proposed development (a portion of Granger FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 24 Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 18. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 19. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 20. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' 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 which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a fuming radius of 28' inside and 48' outside. 5. Operafional fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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. 7. The fire department requests that any future signalizafion installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. `` ~or The public street connection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 20 OF 24 Meridian Fire Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hookup to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, eta (Per Christy Richardson's of letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part ofthis annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement also cites the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situafion by positioning the right-of--way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 21 OF 24 4. The revised Landscape Plan shows the increase landscape buffer along Usfick Road to be 35 feet, which meets the entryway corridor policy of the City. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (1S) 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 wuncil. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 24 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 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 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 ac~t7ion of the City Council at its regular meeting held on the ~ day of ~'Y7 (~ , 2004. ROLL CALL: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED:~~ ~f MOTION: APPROVED: Attest: VOTED__~~Y~ VOTED VOTED VOTED__~~ VOTED DISAPPROVED: \~~~,nno~"" ~o e Weerd ;'any r~ ~~~9'9ti ~''. _ \T~o Copy served upon Applicant, Planning Department and the City Attorney. By: ~' ~ ~ ~ ~, e.R. Z:\WOrk\Ivl\Meridian\Ivleridian 15360M~Redfeatber Estates Sub. No. 2 AZ-03-021 PP-03-024 CUP-03-041\FtCIsCUP03-0341.dac FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTf PAGE 24 OF 24 BEFORE THE CITY COUNCIL. OF THE CITY OF MERIDIAN C/C 03/02/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR REDFEATHER ESTATES SUBDIVISION N0.2 IN AN R-4 ZONE, LOCATED ON THE SOUTH SIDE OF USTICK ROAD, '/. MILE WEST OF CLOVERDALE ROAD, AND THE EAST SIDE OF EAGLE ROAD/SH 55, '/< MILE SOUTH OF USTICK, MERIDIAN, IDAHO PACKARD ESTATES DEVELOPMENT,LLC, APPLICANT Case No. CUP-03-041 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on March 2, 2004, under the provisions of Meridian City Code § 11-17-4 for fmal 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 302 building lots and 28 other lots on 90.29 acres in a proposed R-4 zone for Redfeather Estates Subdivision No. 2 located on the south side of Ustick Road, % mile ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 1 OF 10 west of Cloverdale Road, and the east side of Eagle Road/SH 55, '/ mile south of Ustick, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements ofthe annexation rezone and preliminazyplat as a condition of the conditional use permit. 2. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced minimum house size and block length requirements, are approved as depicted on the submitted site plan. 3. The applicant shall provide the following amenities as a condition of the CUP/PD: a pocket pazk on Lot 1, Block 9 (with aclubhouse/pool/recreation azea), a pocket pazk on Lot 3, Block 24 (with a basketball court), and amulti-use pathway along the South Slough. All amenities shall either be constructed or bonded for prior to signature on the final plat. (The Block numbers in this paragraph have been revised per the action ofthe City Council taken at their March 2, 2004 meeting.) 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The following reductions to the Zoning and Subdivision Ordinance dimensional standards are approved as part of CUP-03-041 Lot Size- City Requirement R-8: 6,500 sq. ft. per lot (detached) Proposed Lot Sizes R-8: 5,250 sq. ft. minimum per lot (detached) House Size- City Requirement 1,301 sq. ft. minimum Frontage- City Requirement 65' minimum (standard) 40' minimum (ctrl-de-sac) Block Length-City Requirement 500' minimum 1,000' maximum ORDER CONDITIONAL USE PERNIIT (CUP-03-041) Proposed Minimum Area 1,200 sq. ft. minimum Proposed Minimum Frontage 37' 33' Proposed Lengths 215' minimum 1,850' maximum PAGE 2 OF 10 B. Adopt the Recommendations of Central District Health Deparhnent 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 plaris must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degeadation. C. Adopt the Recommendations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by doriation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additiona123-feet ofright-of--way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-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 Ustick Road, located a minimum of 23-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 sidewallc along Ustick Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. ORDER CONDTl'IONAL USE PERMIT (CUP-03-041) PAGE 3 OF 10 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate* at the connection of Duane Drive* and Palm Street for the present time. Construct a pedestrian bicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). *Duane Drive shall be a public street connection. Also, a public hearing would have to beheld by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 4 OF 10 11. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct anisland/median within the public right-of--way of North Grenadier Way (near the intersection of Ustick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-squaze foot area. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum fuming radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of--way, exchange the existing right-of--way, or improve the existing right-of--way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection ORDER CONDTI'IONAL USE PERMTI' (CUP-03-041) PAGE 5 OF 10 for the proposed project: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' 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 which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost ofthis installation is to be home by the developer. 8. T4 :.. e.. e..t...7 41...4 n«.. .. n.. l.e e..+e.7 ..;tl. f..11 ..:.itr...4run4 •~..r....:,1,. «,1............e..~ 1~ £er-the-grejes~ The public street wnnection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: ORDER CONDITIONAL USE PERNIIT (CUP-03-041) PAGE6OF10 Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's of letter to Anna Powell -Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annexafion which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to bezoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement also cites the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of--way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increase landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without ORDER CONDTI'IONAL USE PERNIIT (CUP-03-041) PAGE 7 OF 10 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) 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 future phases shall be null and void. (MCC 11-17- 4.B.) ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 8 OF 10 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 fmal 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 ~~~h day of ~2 , 2004. Mayor City of Meridian ,.~~y OF AAERN~~'~ss, Attest: ; ~ ~,~C~,t; ~ lF0 - BEAL - _ ~ $^~ it iam G. Berg, Jr., erk -, -9~ ~sr tgt . ~~' ,~P .~ .~ ~~~~~~nr,n,n nn~~~~~~~~ ORDER CONDTTIONAL USE PERNIIT (CUP-03-041) PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated City Clerk ~~ 9y ,.~ ~TFO ~-/~'p ~ ~E.~L Z:\Work\MN4eridianlMeridian 15360M1Redfeather Estates Sub. No. 2 AZ-03-D21 PP-03-024 ORDER CONDITIONAL USE PERNIIT (CUP-03-041) Y ~'7 rJ~~~~~~~Nehn n~~n~~~`\,``` CUP-03-041\OrderCUP.doc PAGE 10 OF 10