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HomeMy WebLinkAboutJaydan Village Subdivision CUP-04-004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 73 BUILDING LOTS AND 8 COMMON LOTS IN A SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT ON 16.73 ACRES IN A PROPOSED R-8 ZONE FOR JA YDAN VILLAGE SUBDIVISION, LOCATED ON THE SOUTH SIDE OF USTICK ROAD, APPROXIMATELY % MILE WEST OF BLACK CAT ROAD, MERIDIAN, IDAHO PACKARD ESTATES, LLC, APPLICANT C/C OS/25/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-O4-004 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 May 25,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark for the Planning and Zoning Department, Kent Brown, Kathleen Denny, and Brad Watson, 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 aitd taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 21 Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 25, 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 ofthe 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 May 25, 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. 4. The property is located on the south side of Us tick Road, approximately 'l:í mile FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 21 west of Black Cat Road, Meridian, Idaho. 5. The owner of record of the subject property is BEG Land Holdings, Inc. and they have submitted notarized consent for the subject application. 6. Applicant is Packard Estates, LLC. 7. The subject property is currently zoned RUT by Ada County and consists of agricultural land and a rural residence. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-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 for 73 building lots and 8 common lots on 16.73 acres in an R-8 zone for Jaydan Village Subdivision. The R-8 zoning designation is within the City QfMeridian 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 determined by City Ordinance. 11. There are significant existing trees that affect the consideration ofthis application. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 21 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 ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the 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 modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: a. Minimum lot ITontage: 52 feet. b. Minimum lot size: 5460 feet 3. Two amenities are required for this application. The amenities that will be required are a community swimming pool and a nearby cabana, as presented during the public hearing. 4. Six foot tall fencing shall be permitted along the back of Lot I, Block 2 and Lot 15, Block 8. Such fencing shall taper to 3 feet tall within 20 feet ofRozy St. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-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. International Fire Code Appendix D FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 4 OF 21 B. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4\12' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning 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 roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. PARKS DEPARTMENT CONDITIONS 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 4 I-feet ITom the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 21 wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITom 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 ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct North Christian Avenue to intersect Ustick Road approximately 170- feet east of the west property, as proposed. 3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and attached 5-foot concrete sidewalks on both sides ofthe roadway, as proposed. 4. Extend West Fairbrough Drive ITom the east property line approximately 450-feet north of the south property line, as proposed. 5. Construct a stub street (West Elisha Street) to the west property line approximately 100-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway that states, "this road will be extended in the future" . 6. Construct a stub street (West Rozy Street) to the west property line approximately 190-feet south of Us tick Road, as proposed. Install a sign at the terminus of the roadway that states, "this road will be extended in the future". 7. Construct two knuckles without a center island within the subdivision, as proposed. 8. Construct an island/median within North Jaydan Avenue and North Christian Avenue. Construct the island a minimum of 4-feet wide to total a minimum of a 100-square foot and provide a minimum of a 21- foot street section on either side of any proposed center island. The island shall be owned and maintained by a homeowners association. 9. Other than the access point that has specifically approved with this application, direct lot access to Ustick Road is prohibited. Notes of this access restriction shall be placed on the final plat. 10. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 6 OF 21 Standard Conditions of Annroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact 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 ofIdaho 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 7 OF 21 c. D. District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Sky Pilot and Kaylinda Drains course through the proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the action ofthe City Council taken at their May 25, 2004 meeting as follows: For clarification: 1. The planned development shall be allowed a minimum lot ITontage of 52 feet which is 5,460 feet ITom the normal 65 minimum lot size of 6,500 feet, with the garages being entered ITom the rear ofthe property. 2. The amenities shall be include a swimming pool and cabana, as the existing barn would require too much expense to make the barn functional and safe for usage. The total open space is at 7.65 percent for the project. 3. Pertaining to the Ustick Road future right-of-way, the applicant is intending to show future right-of-way by placing it in a common lot that will be held by the Homeowners Association until such time as the Ada County Highway District FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 21 would need to purchase that right-of-way. A sidewalk would be constructed on the back edge of the future right-of-way. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features. All residential lots are of adequate size and shape to accommodate homes that would comply with the proposed bulk and dimensional standards. 15. The current Comprehensive Plan Land Use Map designates the majority of the property as "Medium Density Residential". The northwest portion of the site is shown as Mixed Usee Community, as part of a future neighborhood center. It is found that if the modifications required in the Staff Report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 16. It is found that the design concept is compatible with the intended character of the area. 17. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 18. It is found that the property to be annexed may be served adequately served by all the essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. The major concerns of the Police Department, Fire Department, and ACHD have been addressed in the revised plat. 19. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. It is found that there will not be excessive additional requirements at public FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 21 cost and the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed development will not create excessive traffic, noise, or other nuisances that would be detrimental to the general welfare of the surrounding area. Using ACHD's formula of 10 vehicle trips per single family residential lot, the project is anticipated to generate up to 750 additional vehicle trips per day. The fact is recognized that traffic and noise will increase with the approval of this subdivision, however, it is not felt that the amount generated will be detrimental to the public welfare of the city. 21. The proposed access to the subdivision ITom Ustick Road has been approved by ACHD, as follows, "Construct North Christian Avenue to intersect Ustick Road approximately 170-feet east of the west property, as proposed." It is not anticipated that the subdivision will cause significant interference with traffic on the surrounding public streets. 22. It is found that several existing mature trees will be removed to accommodate the proposed roads. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. If any trees are deemed to be hazardous, diseased or dying by the City Arborist, Elroy Huff, mitigation will not be required for those trees. It is recommended that the applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 21 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 21 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 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." 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 21 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: D. E. 8. A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 21 Development for 73 building lots and 8 common lots on 16.73 acres in an R-8 zone for Jaydan Village Subdivision located on the south side of Us tick Road, approximately \4 mile west of Black Cat Road, 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 modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: a. Minimum lot ITontage: 52 feet. b. Minimum lot size: 5460 feet 3. Two amenities are required for this application. The amenities that will be required are a community swimming pool and a nearby cabana, as presented during the public hearing. 4. Six foot tall fencing shall be permitted along the back of Lot I, Block 2 and Lot 15, Block 8. Such fencing shall taper to 3 feet tall within 20 feet of Rozy St. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-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. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION. AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 21 B. 2. not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning 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 roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. PARKS DEPARTMENT CONDITIONS I. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITom 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 41-feet ITom 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. Construct North Christian A venue to intersect Ustick Road approximately 170- feet east of the west property, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 21 3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and attached 5-footconcrete sidewalks on both sides of the roadway, as proposed. 4. Extend West Fairbrough Drive ITom the east property line approximately 450-feet north of the south property line, as proposed. 5. Construct a stub street (West Elisha Street) to the west property line approximately 100- feet north of the south property line, as proposed. Install a sign at the terminus of the roadway that states, "this road will be extended in the future". 6. Construct a stub street (West Rozy Street) to the west property line approximately 190-feet south of Us tick Road, as proposed. Install a sign at the terminus of the roadway that states, "this road will be extended in the future". 7. Construct two knuckles without a center island within the subdivision, as proposed. 8. Construct an island/median within North Jaydan Avenue and North Christian Avenue. Construct the island a minimum of 4- feet wide to total a minimum of a 100-square foot and provide a minimum of a 21- foot street section on either side of any proposed center island. The island shall be owned and maintained by a homeowners association. 9. Other than the access point that has specifically approved with this application, direct lot access to Ustick Road is prohibited. Notes of this access restriction shall be placed on the final plat. 10. 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 ITontages 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 21 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 ofIdaho 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 ITom the Ada County Highway District. II. 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. c. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 170F21 D. § 11-17-9. I. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Sky Pilot and Kaylinda Drains course through the proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the action of the City Council taken at their May 25, 2004 meeting as follows: For clarification: 1. The planned development shall be allowed a minimum lot ITontage of 52 feet which is 5,460 feet ITom the normal 65 minimum lot size of 6,500 feet, with the garages being entered ITom the rear of the property. 2. The amenities shall be include a swimming pool and cabana, as the existing barn would require too much expense to make the barn functional and safe for usage. The total open space is at 7.65 percent for the project. 3. Pertaining to the Ustick Road future right-of-way, the applicant is intending to show future right-of-way by placing it in a common lot that will be held by the Homeowners Association until such time as the Ada County Highway District would need to purchase that right-of-way. A sidewalk would be constructed on the back edge of the future right-of-way. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 21 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 21 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the d~ ,2004. &-f'~ day of ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ VOTED - COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 6-8-04- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 21 MOTION: APPROVED:+ DISAPPROVED: Attest: ~ ay Weerd ,,'111"""""1 . ", FM III "" _I 0 clitl' 1111 " :\' VI. " ~" c} r"". '11- '\ , _.~~ ~ f" () \ By:~{l-- ^ C 0 rv....J City Clerk's Office Dated: LD-\ß-n4 Z:\Work\M\MeridianlMeridian IS360MIJaydan Village Subdivision AZ-O4-003 PNJ4-002 CUP-1J4.O04IFfCIsCUP04-D04.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 73 BUILDING LOTS AND 8 COMMON LOTS IN A SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT ON 16.73 ACRES IN A PROPOSED R-8 ZONE FOR JA YDAN VILLAGE SUBDIVISION, LOCATED ON THE SOUTH SIDE OF US TICK ROAD, APPROXIMATELY % MILE WEST OF BLACK CAT ROAD, MERIDIAN, IDAHO PACKARD ESTATES, LLC, APPLICANT 1. C/C OS/25/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-004 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on May 25, 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 for 73 building lots and 8 common lots on 16.73 acres in an R-8 zone for Jaydan Village Subdivision located on the south side of Us tick Road, approximately % mile west of Black Cat Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-04-004) PAGE 1 OF9 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: a. Minimum lot ITontage: 52 feet. b. Minimum lot size: 5460 feet 3. Two amenities are required for this application. The amenities that will be required are a community swimming pool and a nearby cabana, as presented during the public hearing. 4. Six foot tall fencing shall be permitted along the back of Lot I, Block 2 and Lot 15, Block 8. Such fencing shall taper to 3 feet tall within 20 feet of Rozy St. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-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. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. ORDER CONDITIONAL USE PERMIT (CUP-O4-004) PAGE 2 OF 9 B. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. PARKS DEPARTMENT CONDITIONS 1. Standard for Mitigation oftrees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITüm 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 U stick Road, located a minimum of 41- feet ITom 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 U stick 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 North Christian Avenue to intersect Ustick Road approximately 170- feet east of the west property, as proposed. 3. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and attached 5-foot concrete sidewalks on both sides of the roadway, as proposed. ORDER CONDITIONAL USE PERMIT (CUP-04-004) PAGE 3 OF 9 4. 4. Extend West Fairbrough Drive ITom the east property line approximately 450-feet north of the south property line, as proposed. 5. Construct a stub street (West Elisha Street) to the west property line approximately 100-feet north of the south property line, as proposed. Install a sign at the terminus ofthe roadway that states, "this road will be extended in the future" . 6. Construct a stub street (West Rozy Street) to the west property line approximately 190-feet south of Us tick Road, as proposed. Install a sign at the terminus of the roadway that states, "this road will be extended in the future". 7. Construct two knuckles without a center island within the subdivision, as proposed. 8. Construct an island/median within North Jaydan Avenue and North Christian Avenue. Construct the island a minimum of 4- feet wide to total a minimum of a 100-square foot and provide a minimum of a 21- foot street section on either side of any proposed center island. The island shall be owned and maintained by a homeowners association. 9. Other than the access point that has specifically approved with this application, direct lot access to Ustick Road is prohibited. Notes ofthis access restriction shall be placed on the final plat. 10. 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 ITontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 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. ORDER CONDITIONAL USE PERMIT (CUP-O4-004) PAGE40F9 c. 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 ofIdaho 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 ofthe 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 ITom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: ORDER CONDITIONAL USE PERMIT (CUP-O4-004) PAGE50F9 D. I. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Sky Pilot and Kaylinda Drains course through the proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the action of the City Council taken at their May 25,2004 meeting as follows: For clarification: I. The planned development shall be allowed a minimum lot ITontage of 52 feet which is 5,460 feet ITom the normal 65 minimum lot size of 6,500 feet, with the garages being entered ITom the rear of the property. 2. The amenities shall be include a swimming pool and cabana, as the existing barn would require too much expense to make the barn functional and safe for usage. The total open space is at 7.65 percent for the project. 3. Pertaining to the Ustick Road future right-of-way, the applicant is intending to show future right-of-way by placing it in a common lot that will be held by the Homeowners Association until such time as the Ada County Highway District would need to purchase that right-of-way. A sidewalk would be constructed on the back edge of the future right-of-way. 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 CONDITIONAL USE PERMIT (CUP-O4-004) PAGE60F9 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 ITom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17- 4.B.) ORDER CONDITIONAL USE PERMIT (CUP-O4-004) PAGE70F9 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date 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 ð~ g~!:::- day of ,2004. Attest: J~Ä PAGE80F9 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY:~ À OOf\U City Clerk's Office Dated: lD-l ,?,Of ORDER CONDITIONAL USE PERMIT (CUP-O4-004) PAGE90F9