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HomeMy WebLinkAboutSutherland Farm Subdivision No. 4 CUP-04-009 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 06/08/04 CIC 06/15/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 79 BUILDING LOTS AND 8 COMMON LOTS IN A RESIDENTIAL PLANNED DEVELOPMENT ON 16.1 ACRES FOR SUTHERLAND FARM SUBDIVISION NO.4 IN AN R-8 ZONE, LOCATED APPROXIMATELY Y, A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF S. EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-04-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUTHERLAND FARM, INC., APPLICANT The above entitled conditional use permit application having come before the City Council on June 8, 2004 and continued until June 15,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, 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 23 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 8, 2004 and continued until June 15, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 8, 2004 and continued until June 15, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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 R-4 zone and by reason of the provisions ofthe Meridian City Code § 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 Council on this application. 4. The property is located approximately 1/2 a mile south of Overland Road on the east side ofS. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Sutherland Farm, Inc., and they have submitted notarized consent for the subject application. 6. The Applicant is Sutherland Farm, Inc. 7. The subject property is currently zoned R-4. There is, however, an application for re-zone 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 residential neighborhood planned development with 79 building lots and 8 common lots on 16.1 acres. The Planned Residential Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit 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 Medium Density Residential/Mixed-Use Community. 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 Development Ordinances codified at Titles II 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 23 maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the 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: CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT 1. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7, Block 13. 3. Restrict fence height on all building lots in Block 13 to 4 feet wherever they are contiguous with Lot 7. 4. Reduce the ITontage on Lots 24-27, Block 13 ITom SO' t048' to provide wider accesses into the park from the west. s. Construct a path so that it enters from the northwest corner of the proposed private park, between lots 23 and 24, continues along the north side of the park and exits between lots 14 and 15 at the northeast corner. This will connect a route ITom the pedestrian easement on Lot 41, Block II through to the micropath on Lot 61, Block 11, which in turn connects to the multi-use pathway along the Ridenbaugh Canal. The path should also connect to the patio/gazebo area. 6. The applicant shall provide a pedestrian connection between the residential area and the officelcommercial uses in the northwest corner of the project in Lot 61, Block 11. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE40F23 8. 9. 12. 13. 14. 15. B. connection shall conform to all Micropath ordinance standards. 7. The applicant shall add a micropath connecting ITom the sidewalk to the Ridenbaugh pathway on Lot 56, Block 11. Since the lot is also a sewer easement, it shall be exempt ITom the tree requirement of the micropath ordinance, but all other micropath standards shall apply. ModifY Lot 61, Block II and Lot 7, Block 13 so that all lots containing paths or micropaths in the project are at least 15 feet wide. The micropathslpaths across these lots shall be at least 5 feet wide. Fences along the Ridenbaugh Canal pathway shall be three feet maximum for solid fencing and four feet for open-vision fencing, in conformance with the original conditions of approval. The pathway shall be a 10-foot wide asphalt surface. 10. The project shall conform to the modified dimensional standards, as follows: . Minimum lot ITontage: 44 feet (detached units), 34 feet (attached units). . Minimum lot size: 4,400 s.f. (detached units), 3,400 s.f. (attached units). . Minimum ITont setback: 10 feet (living area and side entry garages), 20 feet (ITont- loaded garages). 11. The following amenities are required for the project: The fIrst is a gazebo with a patio area and benches. The second amenity is proposed to be a picnic area. Both amenities are located on Lot 7, Block 13 as depicted on the landscape plan. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions ITom the Commission and that the applicant submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this application. All common drives are approved at 20 feet wide, as depicted on the plat. (Per action of the Council taken at their June 15,2004 meeting.) Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 Site Soecific Conditions of Aooroval 1. Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalks abutting the site, as proposed. 2. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter 5-foot concrete sidewalks and a lO-foot wide median within 66-feet of right-of-way, as proposed. 3. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South Nephrite Way as 36-foot street sections with rolled curb, gutter and S-foot concrete sidewalks within 50-feet of right-of-way, as proposed. 4. Construct a residential collector roadway (South Bay Star Way) to intersect East Easy Jet Drive approximately 475-feet east of the west property line to align with South Bay Star Way on the south side of Easy Jet Drive, as proposed. s. Construct a lO-foot wide median within the public right-of-way of South Bay Star Way, as proposed. Construct the island so that the roadway around the traffic island maintains a minimum of a 21-foot street section. The landscape island within the public right-of- way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6. Other than the access point that has specifically been approved with this application, direct lot access to Easy Jet Drive and South Bay Star Way is prohibited. Notes of this shall be required on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Aooroval 1. Any existing irrigation facilities shall be relocated outside ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE60F23 4. Utility street cuts in pavernent 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. ll. 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 Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stoffilwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations ofNampa 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. 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. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix C. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 y," outlet face the main street or parking lot aisle. The fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. b. c. d. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 3. 4. 5. 6. 7. 8. 9. 10. F. Fire hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. e. f. Provide a 20' wide Fire Lane for all internal and external roadways. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. +fie applieaat shall previèe a staB street te the prep6f!y to the (\':estleast4J,eFth/soat1J.). The two entrances shall be separated by no less than Y2 the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15,2004 meeting.) Building setbacks shall be per the Building Code for one and two story construction. 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. Maintain a separation of 5' from the building to the dumpster enclosure. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire Code. Adopt the Recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block 11. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: 1. SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access ITom the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access ITom the common driveway. Receptacles shall be placed on the concrete pad on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 collection day in a manner that does not cause a nuisance. H. Adopt the Recommendations of the Parks Department as follows: 1. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect ITom one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 13. There are no significant existing trees that affect the consideration of this application. 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 subject property as "Medium Density Residential." 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 proposed uses can be adequately served by all essential public services and facilities. Drainage will be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 19. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 20. It is found that the proposed R -8 zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 21. It is found that the proposed R-8 zoning will not interfere with general traffic patterns on any public streets. Review of the revised ACHD staff report will provide a full report on the traffic issues. 22. It is found that there are no existing mature trees on the site. The applicant has submitted an original boundaryltopo map that shows original tree cover and none are found on the subject property. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 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 fife protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 natural, scenic or historic feature considered to be of major importance. s. 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 with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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 residential neighborhood planned development with 79 building lots and 8 common lots on 16.1 acres in a proposed R-8 zone for Sutherland Farm Subdivision No.4 located approximately Y> a mile south of Overland Road on the east side of S. Eagle 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT 1. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7, Block 13. 3. Restrict fence height on all building lots in Block 13 to 4 feet wherever they are contiguous with Lot 7. 4. Reduce the ITontage on Lots 24-27, Block 13 ITom 50' to 48' to provide wider accesses into the park ITom the west. s. Construct a path so that it enters ITom the northwest corner of the proposed private park, between lots 23 and 24, continues along the north side of the park and exits between lots 14 and 15 at the northeast corner. This will connect a route ITom the pedestrian easement on Lot 41, Block II through to the micropath on Lot 61, Block II, which in turn connects to the multi-use pathway along the Ridenbaugh Canal. The path should also connect to the patio/gazebo area. 6. The applicant shall provide a pedestrian connection between the residential area and the office/commercial uses in the northwest corner of the project in Lot 61, Block 11. The connection shall conform to all Micropath ordinance standards. 7. The applicant shall add a micropath connecting ITom the sidewalk to the Ridenbaugh pathway on Lot 56, Block 11. Since the lot is also a sewer easement, it shall be exempt ITom the tree requirement of the micropath ordinance, but all other micropath standards shall apply. 8. Modify Lot 61, Block II and Lot 7, Block 13 so that all lots containing paths or micropaths in the project are at least 15 feet wide. The micropathslpaths across these lots shall be at least 5 feet wide. 9. Fences along the Ridenbaugh Canal pathway shalt be three feet maximum for solid fencing and four feet for open-vision fencing, in conformance with the original conditions of approval. The pathway shall be a la-foot wide asphalt surface. 10. The project shall conform to the modified dimensional standards, as follows: . Minimum lot frontage: 44 feet (detached units), 34 feet (attached units). . Minimum lot size: 4,400 s.f. (detached units), 3,400 s.f. (attached units). . Minimum ITont setback: 10 feet (living area and side entry garages), 20 feet (ITont-loaded garages). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 11. The following amenities are required for the project: The first is a gazebo with a patio area and benches. The second amenity is proposed to be a picnic area. Both amenities are located on Lot 7, Block 13 as depicted on the landscape plan. 12. This conditional use permit shall be subject to the expiration provisions set forth in MCC ll-17-4.B. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 14. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this application. 15. All common drives are approved at 20 feet wide, as depicted on the plat. (Per action ofthe Council taken at their June 15, 2004 meeting.) B. Adopt the Recommendations ofthe Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks abutting the site, as proposed. 2. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter 5-foot concrete sidewalks and a lO-foot wide median within 66-feet of right-of-way, as proposed. 3. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South Nephrite Way as 36-foot street sections with rolled curb, gutter and S-foot concrete sidewalks within 50-feet of right-of-way, as proposed. 4. Construct a residential collector roadway (South Bay Star Way) to intersect East Easy Jet Drive approximately 475-feet east of the west property line to align with South Bay Star Way on the south side of Easy Jet Drive, as proposed. S. Construct a 10-foot wide median within the public right-of-way of South Bay Star Way, as proposed. Construct the island so that the roadway around the traffic island maintains a minimum ora 21-foot street section. The landscape island within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT PAGE 16 OF 23 9. 6. Other than the access point that has specifically been approved with this application, direct lot access to Easy Jet Drive and South Bay Star Way is prohibited. Notes of this shall be required on the fmal plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of ADDroval 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 of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility ofthe 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 C. 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 waiverlvariance 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 Central District Health Department as follows: 2. 3. 4. 5. D. 1. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 3. 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. 4. The Developer must comply with Idaho Code 31-3805. s. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: 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 C. 2. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. The fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. b. c. d. e. f. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applieaat shall pFeviàe a staB street te the propeffy te the (y,'eat/eastffieFtfi/soHth). The two entrances shall be separated by no less than Yz the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15, 2004 meeting.) 7. Building setbacks shall be per the Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 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. 9. Maintain a separation of 5' ITom the building to the dumpster enclosure. 10. Lot 43, Block II, shall be posted "No Parking", fire lane, per the International Fire Code. F. Adopt the Recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block II. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: 1. SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access ITom the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access ITom the common driveway. Receptacles shall be placed on the concrete. pad on collection day in a manner that does not cause a nuisance. H. Adopt the Recommendations of the Parks Department as follows: 1. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect ITom one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 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 PERl\ßT PAGE 20 OF 23 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- 4.B.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE210F23 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 6-1£ day of .J~ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED /JI:;~ VOTED~ VOTED- COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY deWEERD (TIE BREAKER) DATED: 1-6-04- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 MOTION: APPROVED:-----&- DISAPPROVED: Attest: Dated: 1 - '8' - 04 Z:\WorkIM\MeridianlMeridian 15360MSu1heriand Fann Subdivision No.4 RZ-04.{)O6 PP.{)4-009 CUP-04'{)O9\FfCIsCUPO4-009.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 79 BUILDING LOTS AND 8 COMMON LOTS IN A RESIDENTIAL PLANNED DEVELOPMENT ON 16.1 ACRES FOR SUTHERLAND FARM SUBDIVISION NO.4 IN AN R-8 ZONE, LOCATED APPROXIMATELY Yz A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF S. EAGLE ROAD, MERIDIAN, IDAHO SUTHERLAND FARM, INC., APPLICANT 1. CIC 06/08/04 CIC 06/15/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-009 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on June 8, 2004 and continued until June 15,2004, 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 residential neighborhood planned development with 79 building lots and 8 common lots on 16.1 acres in a proposed R-8 zone for Sutherland Farm Subdivision No.4 located approximately Yz a ORDER CONDITIONAL USE PERMIT (CUP-O4-009) PAGE 1 OF 10 mile south of Overland Road on the east side of S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT 1. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7, Block 13. 3. Restrict fence height on all building lots in Block 13 to 4 feet wherever they are contiguous with Lot 7. 4. Reduce the ITontage on Lots 24-27, Block 13 trom SO' to 48' to provide wider accesses into the park ITom the west. s. Construct a path so that it enters ITom the northwest corner of the proposed private park, between lots 23 and 24, continues along the north side of the park and exits between lots 14 and 15 at the northeast corner. This will connect a route from the pedestrian easement on Lot 41, Block 11 through to the micropath on Lot 61, Block 11, which in turn connects to the multi-use pathway along the Ridenbaugh Canal. The path should also connect to the patio/gazebo area. 6. The applicant shall provide a pedestrian connection between the residential area and the office/commercial uses in the northwest comer of the project in Lot 61, Block 11. The connection shall conform to all Micropath ordinance standards. 7. The applicant shall add a micropath connecting ITom the sidewalk to the Ridenbaugh pathway on Lot 56, Block II. Since the lot is also a sewer easement, it shall be exempt ITom the tree requirement of the micropath ordinance, but all other micropath standards shall apply. 8. Modify Lot 61, Block 11 and Lot 7, Block 13 so that all lots containing paths or micropaths in the project are at least 15 feet wide. The micropaths/paths across these lots shall be at least 5 feet wide. 9. Fences along the Ridenbaugh Canal pathway shall be three feet maximum for solid fencing ORDER CONDITIONAL USE PERMIT (CUP-04-O09) PAGE 2 OF 10 15. B. 1. 2. 3. and four feet for open-vision fencing, in conformance with the original conditions of approval. The pathway shall be a 10-foot wide asphalt surface. 10. The project shall conform to the modified dimensional standards, as follows: . Minimum lot ITontage: 44 feet (detached units), 34 feet (attached units). . Minimum lot size: 4,400 s.f. (detached units), 3,400 s.f. (attached units). . Minimum ITont setback: 10 feet (living area and side entry garages), 20 feet (ITont- loaded garages). 11. The following amenities are required for the project: The rust is a gazebo with a patio area and benches. The second amenity is proposed to be a picnic area. Both amenities are located on Lot 7, Block 13 as depicted on the landscape plan. 12. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 14. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions ITom the Commission and that the applicant submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this application. All common drives are approved at 20 feet wide, as depicted on the plat. (Per action of the Council taken at their June 15,2004 meeting.) Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalks abutting the site, as proposed. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter 5-foot concrete sidewalks and a 10-foot wide median within 66-feet of right-of-way, as proposed. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South Nephrite Way as 36-foot street sections with rolled curb, gutter and S-foot concrete sidewalks within 50-feet of right-of-way, as proposed. ORDER CONDITIONAL USE PERMIT (CUP-O4-009) PAGE 3 OF 10 5. 6. 7. 4. Construct a residential collector roadway (South Bay Star Way) to intersect East Easy Jet Drive approximately 47S-feet east of the west property line to align with South Bay Star Way on the south side of Easy Jet Drive, as proposed. s. Construct a 10-foot wide median within the public right-of-way of South Bay Star Way, as proposed. Construct the island so that the roadway around the traffic island maintains a minimum of a 2l-foot street section. The landscape island within the public right-of- way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6. Other than the access point that has specifically been approved with this application, direct lot access to Easy Jet Drive and South Bay Star Way is prohibited. Notes of this shall be required on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Aooroval 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. 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. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. ORDER CONDITIONAL USE PERMIT (CUP-O4-009) PAGE 4 OF 10 C. 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 Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a ORDER CONDITIONAL USE PERMIT (CUP-O4-009) PAGE 5 OF 10 stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations ofNampa 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. 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. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: 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 C. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 y," outlet face the main street or parking lot aisle. The fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. a. b. c. d. e. 3. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-O4-009) PAGE 6 OF 10 6. 7. 8. 9. 10. F. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. :¡::fle apf!lieant shall pRJY4àe a stuB street Ie the pmperty tÐ the (west(eaat/nørth/SÐtitH). The two entrances shall be separated by no less than Y2 the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15,2004 meeting.) Building setbacks shall be per the Building Code for one and two story construction. 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. Maintain a separation of 5' ITom the building to the dumpster enclosure. Lot 43, Block II, shall be posted "No Parking", fire lane, per the International Fire Code. Adopt the Recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block II. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: H. 1. SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access ITom the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles ofthe residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. Adopt the Recommendations ofthe Parks Department as follows: 1. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. ORDER CONDITIONAL USE PERMIT (CUP-O4-009) PAGE 7 OF 10 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect &om one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit 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 ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 8 OF 10 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- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the 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. ORDERCONDITIONALUSEPERNUT (CUP-04-009) PAGE 9 OF 10 By action of the City Council at its regular meeting held on the 6~ day of ðÙ£¡- ,2004. Tammy de Attest: By: Jo \ a 11.Ju..Q/n City Clerk's Office Dated: 1-'8'-04 Z:\WorklM\MeridianlMeridian 15360MSutheriand Farm Subdivision No.4 RZ-O4-006 PP-O4-009 CUP-04-O09\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 10 OF 10