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HomeMy WebLinkAboutRock Creek Subdivision CUP-04-006 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/01/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR ROCK CREEK SUBDIVISION IN AN R-15 ZONE, LOCATEDON THE SOUTH SIDE OF PINE AVENUE, APPROXIMATELY 1,200 FEET EAST OF LINDER ROAD, WITHIN SECTION12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO Case No. CUP-04-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT TREASURE VALLEY DEVELOPMENT, APPLICANT The above entitled conditional use pennit application having come before the City Council on June 1,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Steve Siddoway for the Planning and Zoning Department, Rod Ralphs, Greg Embry, and Maxine Johnson, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL 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 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 June I, 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 June 1,2004, 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 L-O zone and by reason ofthe provisions ofthe 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 Pine A venue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range I West, Meridian, Idaho. 5. The owner of record of the subject property is Fiscal Funding Company of San Francisco, California, and Calvin B. Grigsby representing Fiscal Funding Company, has submitted notarized consent for John Sieckert. of Treasure Valley Development of Boise, Idaho to submit the subject application. 6. The Applicant is Treasure Valley Development. 7. The subject property is currently zoned L-O. There is, however, an application for re-zone to R-15 (Medium High Density Residential) before the City Council. The zoning district ofR-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. 8. The proposed application requests a conditional use pennit for a Planned Development for multi-family residential use with reduced building setbacks. The Planned Residential Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Pennit be obtained for most uses .and exceptions, 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 High Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 24 Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. 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 Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-OI-OO6), and concurrent Preliminary Plat (PP-03-045) shall also be considered conditions of the Conditional Use Pennit (CUP-03-069). 2. The four-plex structures shall confonn to the following standards: . Minimum 12-foot rear setback for interior lots; minimum IS-foot rear setback for perimeter lots; . Minimum 5-foot side setback (measured to property line); . Minimum 12-foot front setback. (measured from back of sidewalk); . Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. (See modifications approved by City Council at G. below.) 3. As Planned Development amenities, construct a playground complete with equipment and benches on the south side of the Nine Mile Drain and a picnic area and BBQ pit with benches north of the Nine Mile Drain. Also construct a 5- foot pathway on the north side of the Nine Mile Drain, extending the full width of the property. At least 10 days prior to the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 24 Council hearing, the Applicant shall submit 10 copies of a schematic showing how the common/amenity lots will be constructed. Also 10 days prior to the City Council hearing, submit side elevations and floor plans of the fourplexes on Lots 8, 20 and 24 showing windows on the side elevations which face the playground area. Said windows should be located in either a living room or kitchen within the units. 4. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. Present, at the P &Z Commission public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 5. Provide parking for each four-plex structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 6. Unless the Site Plan is modified to expand the number of parking spaces, the commercial buildings on Lots 2 and 3, Block I will be restricted to office type uses only. 7. Provide a minimum 5-foot wide landscape buffer along the southern boundary of the development. Said landscape buffer may be included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 8. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-I.C. 9. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 11. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 24 B. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: I. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Pennit and issuance of a Certificate of Zoning Compliance. C. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Nine Mile Drain and Rutledge Lateral course through this 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. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval 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. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of ACHD as follows: I. The applicant has two options regarding the sidewalk along Pine Avenue: Option # I: The applicant shall be required to construct a 7-foot attached sidewalk abutting the site. The District shall require an easement from the applicant for that portion of sidewalk outside of the existing right-of-way. This is consistent with previous action regarding developments that have roadway improvements existing. Please contact the Right-of-Way Division at 387-6270 for guidelines. OR Option # 2: The applicant shall be required to dedicate additional right-of-way to provide for the construction of the 7-foot attached sidewalk and 2-foot utility strip located within the new right-of-way. The owner/developer will not be compensated for this additional right-of-way because collector roadways are to be brought to adopted standards by the developers of abutting properties. 2. Construct driveway # I as a curb return type driveway with I 5-foot radii intersecting Pine Avenue 16-feet east of the western property line as proposed. This driveway is in alignment with North 11th Street West located on the north side of Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install IS-foot curb radii abutting the existing roadway edge. 3. Driveway # 2 as a curb return type driveway with IS-foot radii offset 138-feet east of driveway# I, measured near edge to near edge as proposed. (lIO-feetwest of the eastern property line). This driveway is in alignment with the driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install IS-foot curb radii abutting the existing roadway edge. 4. The applicant shall replace unused curb cuts on Pine Avenue with standard curb, gutter and concrete sidewalk to match required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 24 5. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all Standard Conditions of Approval. 6. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that 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 ofbuilding pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 24 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 applicantto obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless 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. F. The applicant shall also be required to comply with the corresponding applications, Rezone RZ-04-002, and Preliminary Plat PP-04-005. G. Adopt the action of the City Council taken at their June 1,2004 meeting as follows: For clarification: I. The applicant shall be required to provide a 15 foot rear setback for buildings on the perimeter boundary with allowance for six foot balconies. Additionally, for these units, the front yard setback shall be 12 feet and the stairway to the second floor shall be allowed to encroach by three and one-half feet. 2. The applicant shall provide for an easement for the pathway to allow for the extension of the pathway to the east. 3. The applicant shall provide approved bollards or gates from the Fire Department and Police Department pertaining to the emergency cross access. 4. The tot lot amenity shall be moved to the central portion of the project so as to have direct visibility from the units. 5. The applicant provided at the June 1,2004 City Council meeting a layout of the proposed complexes upon the property, as well as the interior design layout, which were approved at the June I, 2004 meeting. 6. The L-O portion of the project shall have access directly off of Pine Street. 7. The applicant shall be required to increase the size of the patios and balconies to meet the 100 foot private space that is necessary to meet Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE90F24 13. Open Space: MCC 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent (10%) of the gross land area. Rock Creek is 7.48 acres in size, which requires 32,583 sq. ft. of open space, exclusive of the Pine Ave street buffer and the Nine Mile Drain channel. The Applicant has provided open space calculations. Commercial Parking: MCC 11-13-5.B. requires at least one parking stall per 200 sq. ft. of retail floor area. Both commercial lots propose 3,040 sq. ft. of floor area. Lots 2 and 3 show a total of 18 stalls, which would not be adequate for retail use (which would require 30 stalls for retail). Residential Parking: The Site Plan shows enough parking to accommodate the required number of multi-family residential parking (2 stalls per unit required). Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the Planned Development, to modifY specific development standards. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifYing the requirements through the planned development process. 14. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "High Density Residential." The purpose of this designation is "to allow for the development of multi-family homes in areas where urban services are provided - developments might include duplexes, apartment buildings, townhouses, and other multi-unit structures." (See Chapter VII, pg. 95.) The requested R-15 zoning generally confonns to this stated purpose and intent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 24 of the High Density designation. The Comprehensive Plan policies which support the proposed development are as follows: 1.3 Community Design Policies - Open Spaces; 1.4 Land Use Residential Policies for new development; 1.5U Balance of Land uses; 1.6 Housing Benefits; 1.7 Sewer; 2.2U Neighborhood Parks; and 2.3U Property Values 15. It is found that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. 16. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 17. Sanitary sewer and water service is proposed for the subdivision and can be provided via extensions to the site from the existing main lines in W. Pine A venue and along the Nine Mile Creek. On February 27,2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. ACHD staff has approved this application, with site-specific conditions as well as their standard requirements. 18. The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. As this site builds out, it will produce additional traffic on nearby arterial FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 24 roadways. According to ACHD traffic counts on Pine Avenue, east of Linder Road, there were 5,482 vehicle trips per day on 12-10-02. Pine Avenue is currently improved with 2-traffic lanes, 2-bike lanes with curb, gutter and sidewalk on both sides of the roadway. This segment of Pine Avenue is not included in the District's Five Year Work Program or Capital improvements Plan. The fact is recognized that traffic and noise will increase with the development of this site. However, it is not anticipated that the development of this site will create excessive traffic, noise, smoke, fumes, glare, or odors. 20. ACHD staff has reviewed and approved both vehicular approaches to the site from Pine Avenue. Review of the ACHD report for this project will provide additional infonnation. 21. The Applicant is proposing to leave the Nine Mile Drain open abutting the site. It is found that the Nine Mile Drain is a significant natural feature that should be protected through standard stonnwater and run-off management practices. The applicant has indicated that the property is outside of the flood zone of Nine-Mile Creek, with the exception of Zone "A" which is contained in the creek channel. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 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 pennit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 24 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 pennit in the Medium High Density Residential District (R-15), 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 pennit 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 Pennit, the applicant andthe Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 24 7. When the City Council approves a conditional use pennit it may impose conditions of that approval that reasonably: E. 8. A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; 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 Development for multi-family residences with reduced building setbacks on 7.48 acres in a proposed R-15 zone for Rock Creek Subdivision located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 West, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. 4. 5. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-OI-006), and concurrent Preliminary Plat (PP-03-045) shall also be considered conditions of the Conditional Use Pennit (CUP-03-069). 2. The four-plex structures shall confonn to the following standards: Minimum 12-foot rear setback for interior lots; minimum IS-foot rear setback for perimeter lots; Minimum 5-foot side setback (measured to property line); Minimum 12-foot front setback. (measured from back of sidewalk); Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. (See modifications approved by City Council at G. below.) . . . . 3. As Planned Development amenities, construct a playground complete with equipment and benches on the south side of the Nine Mile Drain and a picnic area and BBQ pit with benches north of the Nine Mile Drain. Also construct as-foot pathway on the north side of the Nine Mile Drain, extending the full width of the property. At least 10 days prior to the City Council hearing, the Applicant shall submit 10 copies of a schematic showing how the common/amenity lots will be constructed. Also 10 days prior to the City Council hearing, submit side elevations and floor plans of the fourplexes on Lots 8, 20 and 24 showing windows on the side elevations which face the playground area. Said windows should be located in either a living room or kitchen within the units. Provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. Present, at the P&Z Commission public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. Provide parking for each four-plex structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 24 11. B. 6. Unless the Site Plan is modified to expand the number of parking spaces, the commercial buildings on Lots 2 and 3, Block I will be restricted to office type uses only. Provide a minimum 5-foot wide landscape buffer along the southern boundary of the development. Said landscape buffer may be included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 7. 8. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster( s) must be screened in accordance with MCC 11-12-1.C. 9. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: C. 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSe. Approval ofthe trash enclosure design will be required prior to submittal of a Conditional Use Pennit and issuance of a Certificate of Zoning Compliance. 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 170F24 1. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Nine Mile Drain and Rutledge Lateral course through this 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. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval 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. 4. Stonnwater 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 stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of ACHD as follows: 1. The applicant has two options regarding the sidewalk along Pine Avenue: Option # 1: The applicant shall be required to construct a 7-foot attached sidewalk abutting the site. The District shall require an easement from the applicant for that portion of sidewalk outside of the existing right-of-way. This is consistent with previous action regarding developments that have roadway improvements existing. Please contact the Right-of-Way Division at 387-6270 for guidelines. ill! FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 24 Option # 2: The applicant shall be required to dedicate additional right-of-way to provide for the construction of the 7-foot attached sidewalk and 2-foot utility strip located within the new right-of-way. The owner/developer will not be compensated for this additional right-of-way because collector roadways are to be brought to adopted standards by the developers of abutting properties. 2. Construct driveway # I as a curb return type driveway with IS-foot radii intersecting Pine Avenue 16-feet east of the western property line as proposed. This driveway is in alignment with North 11th Street West located on the north side of Pine Avenue. This driveway location meets District policy and shall be approved with this development. 3. Pave the driveway to its full width of25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install 15- foot curb radii abutting the existing roadway edge. 4. Driveway # 2 as a curb return type driveway with IS-foot radii offset I 38-feet east of driveway # I, measured near edge to near edge as proposed. (110- feet west of the eastern property line). This driveway is in alignment with the driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This driveway location meets District policy and shall be approved with this development. 5. Pave the driveway to its full width of25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install 15- foot curb radii abutting the existing roadway edge. 6. The applicant shall replace unused curb cuts on Pine A venue with standard curb, gutter and concrete sidewalk to match required improvements. 7. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the fmal plat. 8. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 24 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 of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance 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 tenns 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 confinnation of any change from 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 24 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. The applicant shall also be required to comply with the corresponding applications, Rezone RZ-04-002, and Preliminary Plat PP-04-005. G. Adopt the action of the City Council taken at their June I, 2004 meeting as follows: For clarification: I. The applicant shall be required to provide a 15 foot rear setback for buildings on the perimeter boundary with allowance for six foot balconies. Additionally, for these units, the front yard setback shall be 12 feet and the stairway to the second floor shall be allowed to encroach by three and one-half feet. 2. The applicant shall provide for an easement for the pathway to allow for the extension of the pathway to the east. 3. The applicant shall provide approved bollards or gates from the Fire Department and Police Department pertaining to the emergency cross access. 4. The tot lot amenity shall be moved to the central portion of the project so as to have direct visibility from the units. 5. The applicant provided at the June 1,2004 City Council meeting a layout of the proposed complexes upon the property, as well as the interior design layout, which were approved at the June I, 2004 meeting. 6. The L-O portion of the project shall have access directly off of Pine Street. 7. The applicant shall be required to increase the size of the patios and balconies to meet the 100 foot private space that is necessary to meet Meridian City Code. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 24 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 penn anent 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.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 24 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 ofthe 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 pennit 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. /5-11- By action of the City Council at its regular meeting held on the . - day of ¿;r WhL- ,2004. 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-/5-04- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 MOTION: APPROVED:L DISAPPROVED:- Attest: By: ~..?~ City Clerk's Office Dated: lL;-Lt -04- Z:\Work\M\MeridiHnlMeridiHn 15360MIRock Creek Sub Rz.Q4-002 PP-04-O05 CUP-O4-006\FICIsCUPO4-006.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR ROCK CREEK SUBDIVISION IN AN R-15 ZONE, LOCATED ON THE SOUTH SIDE OF PINE A VENUE, APPROXIMATELY 1,200 FEET EAST OF LINDER ROAD, WITHIN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO TREASURE VALLEY DEVELOPMENT, APPLICANT C/C 06/01/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-006 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on June 1,2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use pennit 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 pennit for a Planned Development for multi-family residential use with reduced setbacks on 7.48 acres in a proposed R-15 zone for Rock Creek Subdivision located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range I West, Meridian, ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 1 OF 10 Idaho, subject to the following conditions of use and development: A. Adopt the Comments and Recommendations ofthe Meridian Planning & Zoning and Engineering Departments as follows: 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-OI-006), and concurrent Preliminary Plat (PP-03-045) shall also be considered conditions of the Conditional Use Permit (CUP-03-069). 2. The four-plex structures shall confonn to the following standards: . Minimum 12-foot rear setback for interior lots; minimum IS-foot rear setback for perimeter lots; . Minimum 5-foot side setback (measured to property line); . Minimum 12-foot front setback. (measured from back of sidewalk); . Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. (See modifications approved by City Council at G. below.) 3. As Planned Development amenities, construct a playground complete with equipment and benches on the south side of the Nine Mile Drain and a picnic area and BBQ pit with benches north of the Nine Mile Drain. Also construct a 5-foot pathway on the north side of the Nine Mile Drain, extending the full width of the property. At least 10 days prior to the City Council hearing, the Applicant shall submit 10 copies of a schematic showing how the common/amenity lots will be constructed. Also 10 days prior to the City Council hearing, submit side elevations and floor plans of the fourplexes on Lots 8, 20 and 24 showing windows on the side elevations which face the playground area. Said windows should be located in either a living room or kitchen within the units. 4. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. Present, at the P&Z Commission public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 5. Provide parking for each four-plex structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 2 OF 10 6. Unless the Site Plan is modified to expand the number of parking spaces, the commercial buildings on Lots 2 and 3, Block I will be restricted to office type uses only. 7. Provide a minimum 5-foot wide landscape buffer along the. southern boundary of the development. Said landscape buffer may be included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 8. The Applicant shaH coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the Applicant shaH submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 9. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5- 2.K. 10. No building or other structure shall be erected, moved, added to or structurally altered, nor shaH any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). II. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shaH be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for aH fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. B. Adopt the recommendations of the Sanitary Services Company (SSC) as foHows: I. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations ofSSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval ofthe trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. C. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 3 OF 10 I. The District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Nine Mile Drain and Rutledge Lateral course through this 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. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval 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-offis not to create a mosquito breeding problem. 4. Stonnwater 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 stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of ACHD as follows: E. 1. The applicant has two options regarding the sidewalk along Pine Avenue: Option # 1: The applicant shall be required to construct a 7-foot attached sidewalk abutting the site. The District shall require an easement from the applicant for that portion of sidewalk outside of the existing right-of-way. This is consistent with previous action regarding developments that have roadway improvements existing. Please contact the Right-of-Way Division at 387-6270 for guidelines. OR ORDER CONDITIONAL USE PERMIT (CUP-O4-006) PAGE 4 OF 10 Option # 2: The applicant shall be required to dedicate additional right-of-way to provide for the construction of the 7-foot attached sidewalk and 2-foot utility strip located within the new right-of-way. The owner/developer will not be compensated for this additional right-of-way because collector roadways are to be brought to adopted standards by the developers of abutting properties. 2. Construct driveway # I as a curb return type driveway with I 5-foot radii intersecting Pine Avenue 16-feet east of the western property line as proposed. This driveway is in alignment with North 11th Street West located on the north side of Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and installl5-foot curb radii abutting the existing roadway edge. 3. Driveway # 2 as a curb return type driveway with 15-foot radii offset 138-feet east of driveway # I, measured near edge to near edge as proposed. (I I O-feet west of the eastern property line). This driveway is in alignment with the driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This driveway location meets District policy and shall be approved with this development. Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet into the site beyond the edge of pavement of the roadway and install IS-foot curb radii abutting the existing roadway edge. 4. The applicant shall replace unused curb cuts on Pine Avenue with standard curb, gutter and concrete sidewalk to match required improvements. 5. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine A venue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all Standard Conditions of Approval. 6. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ORDER CONDITIONAL USE PERMIT (CUP-O4-006) PAGE 5 OF 10 11. 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 ofbuilding permit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance 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 confinnation of any change from the Ada County Highway District. 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 ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 6 OF 10 other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. The applicant shall also be required to comply with the corresponding applications, Rezone RZ-04-002, and Preliminary Plat PP-04-005. G. Adopt the action of the City Council taken at their June I, 2004 meeting as follows: For clarification: I. The applicant shall be required to provide a 15 foot rear setback for buildings on the perimeter boundary with allowance for six foot balconies. Additionally, for these units, the front yard setback shall be 12 feet and the stairway to the second floor shall be allowed to encroach by three and one-half feet. 2. The applicant shall provide for an easement for the pathway to allow for the extension of the pathway to the east. 3. The applicant shall provide approved bollards or gates from the Fire Department and Police Department pertaining to the emergency cross access. 4. The tot lot amenity shall be moved to the central portion of the project so as to have direct visibility from the units. 5. The applicant provided at the June 1,2004 City Council meeting a layout of the proposed complexes upon the property, as well as the interior design layout, which were approved at the June 1,2004 meeting. 6. The L-O portion of the project shall have access directly off of Pine Street. 7. The applicant shall be required to increase the size ofthe patios and balconies to meet the 100 foot private space that is necessary to meet Meridian City Code. 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 Pennit Holder, this conditional use pennit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this pennit. ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 7 OF 10 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as pennitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an 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.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 8 OF 10 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 ofthe 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 /5.-f!:-- day of J~ ,2004. Attest: ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 9 OF 10 By: ~Hì ~ILO \l..J'f\ Dated: LD .~)\ - 0 4 Cl y Clerk's Office Z;\WorklMlMeridianlMeridian 1 5360M\Saguaro Canyon Estates Sub AZ-Œ-O27 PP-o3<J32 CUP-O3-058\Ordet<:UP.doc ORDER CONDITIONAL USE PERMIT (CUP-04-006) PAGE 10 OF 10