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HomeMy WebLinkAboutBrockton Subdivision CUP-04-012 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR PROPOSED BROCKTON SUBDIVISION WITH REQUEST FOR REDUCTION TO REQUIRED LANDSCAPE BUFFER ALONG NORTH, SOUTH, AND WEST BOUNDARIES AND REDUCED OR NOT LOT FRONTAGE IN AN L-O ZONE, LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, APPROXIMATELY % OF A MILE NORTH OF USTICK ROAD, WITHIN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO CONFLUENCE MANAGEMENT, LLC, APPLICANT C/C 07/13/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on July 13, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Borchers Canning Plarming Director for the Planning and Zoning Department, Becky McKay, Joe Canning, and Beverly Donohue, appeared and testified, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 25 City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City 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 July 13, 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') ofthe 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 July 13, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 25 3. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the west side of Locust Grove Road, approximately ~ of a mile north of Ustick Road, within Section 31, Township 4 North, Range 1 East, Meridian, Idaho. 5. The owners of record of the subject property are Herbert and Cynthia Lee, and Herb Lee has provided notarized consent for the subject application. 6. Applicant is Confluence Management, LLC. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to L-O (Limited Office) before the City Council. The zoning district ofL-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of ten (10) office buildings with reductions to street frontage and landscape buffer requirements. The Planned 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 Mixed Use - Neighborhood. 10. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 25 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 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify Site Specific Condition #2 on Page 19 to read: "All building construction within Brockton Subdivision shall substantially comply with the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27, 2004. Construction materials shall substantially comply with the materials list on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Any significant modification(s) to the approved architectural design features and/or materials list, as determined by the Planning Director, will require separate CUP modification approval~ Said modification will require City Council approval." B. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) I. All conditions of the Annexation and Zoning (AZ-04-01 0) and Preliminary Plat (PP-04-013) applications shall also be considered conditions ofCUP/PD (CUP-04-012). 2. All building construction within Brockton Subdivision shall substantiaUy comply with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 25 the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Construction materials shall substantially comply with the materials list on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Any modification(s) to the approved architectural design features and/or materials list, as determined by the Planning Director, will require separate CUP modification approval. Said modification will require City Council approval. 3. There is no frontage requirement for the lots within Brockton Subdivision. All lots within Brockton Subdivision shall utilize a common ingress/egress drive aisle, as proposed. 4. Construct a 20-foot wide landscape buffer along the southern property line as proposed. Construct a 10- foot wide landscape buffer along the northern property line as proposed. Redesign the northwest portion ofthe drive aisle and parking area to allow for a full 20- foot wide landscape buffer along the entire west property line. This condition will require the removal of at least one parking stall and the relocation of the proposed trash enclosure location. 5. Place a note on the face of the final plat stating that all building setbacks shall be in compliance with the effective zoning regulations of the City of Meridian. 6. As amenities for the Planned Development, construct two gazebo areas with picnic tables. gaià gEl2æe areas shall be ifteel'j erateà iBte SeHUReft let(s) se all fuhwe let O'llflers ',¥Ìthæ the de'ielepffieflt !la-Ie assess fa the a!Reflities. All future lot owners within the development shall have access to the amenities through a recorded easement. At least 1 () days prier fe the City Cmmeil heariftg, the aj3plisant shall SaBmit 1 () sepies af a sæematis she'¡¡iftg bew the ameFlities '¡¡ill be erieateà eft the semmeft le1(s). (Pursuant to action of the City Council taken at their July 13, 2004 meeting.) 7. The landscape plan prepared by Harvest Design, P.C., on 3-17-04, is approved with the following changes: . Depict/construct a minimum 25-foot wide landscape buffer adjacent to Locust Grove Road. Said landscape buffer shall be located bevond anv future street right-of-wav for Locust Grove Road. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). A revised landscape plan shall be submitted for review and approval with the submittal of the Final Plat application(s). The plan must include the changes listed above, the sizes and species of trees, shrubs, berrninglswale details, and all proposed ground cover/treatment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGES OF 25 8. Construct a pedestrian walkway, from the proposed internal sidewalks, to the southwest (Parcel #S053 1449500) and to the north (Parcel #S0531417685). The required walkways should be constructed in accordance with MCC 12-5-2.K and MCC 12-13-15. 9. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 10. 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 ll-12-I.C. 11. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12- 5-2.K. 12. 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). 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 14. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of ApDroval 1. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28- feet ITom the centerline FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 25 of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right -of- way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct one 30-foot wide driveway intersecting Locust Grove Road in alignment with Summerridge Drive on the east side of Locust Grove. The driveway shall be constructed as a curb return type driveway with IS-foot radii. The driveway shall be paved its full width and at least 30-feet into the site. 3. Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE70F25 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the plarmed use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Final approval of the 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. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 25 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 8. The 10 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of5' from the building to the dumpster enclosures. 10. In areas determined by the Fire Department to be fire lanes, paint the curb red and provide signage "No Parking Fire Lane." 11. All processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface. E. 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 problern. 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 storrnwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE90F25 F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the White Drain (parkins Nourse Drain) located at the north property boundary flowing east to west. A 20' easement is required. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be on file prior to any approvals. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 13. On the submitted site plan, the applicant has shown enough parking to accommodate the proposed uses. Although the site is large enough to accommodate all ofthe features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. The applicant specifically requested relief from the required landscape buffer width between uses and street frontage standards in the CUPIPD application. It is found that four of the proposed lots do not meet the frontage requirement of the L-O zone. It is also found that the 10- foot wide landscape easement shown on the north and west sides of the site does not meet the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 2S minimum width requirements outlined in MCC 12-13-12. There is support of the requested lot frontage because all of the proposed lots within the subdivision have access to the common parking/drive easement. 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 PD process. 14. The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Neighborhood" with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park and ride lots, bus stops, shuttle bus stops or other altemativemodes of transportation." (See Chapter VII, pg. 95.) It is found that the requested L-O zoning generally conforms to this stated purpose and intent of the Mixed Use - Neighborhood designation. It is also found that the following 2002 Comprehensive Plan text policies to be applicable to this application: . Chapter VII. pgs. 97-98 . Chapter IV, Goal I, Obj. A, #6 . Chapter VII, Goal I, Obj. B, #5 . Chapter V, Goal III, Obj. D, #5 . Chapter VI, Goal II, Obj. A, #3) . Chapter VII, Goal 1, Objective B The proposed and existing uses do provide a variety of commercial (office) uses in this area, as envisioned with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 25 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. It is found that any future uses, if designed, constructed and operated in accordance with the submitted photos/elevations and adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The area is intended to be a mix used area which, based on the Comprehensive Plan description, will have such uses as retail stores, garden centers, restaurants, etc. 16. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 17. It is found that the project can be provided sanitary sewer and water service via the existing mains adjacent to the project site. On May 5, 2004, the ACHD Commission voted to approve this development with site- specific and standard conditions. Review of the ACHD report for this project will provide additional information. On May 14, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. 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. It is estimated that this development will generate 393 vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this development; however, it is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 25 not believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated that the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. It is found that the proposed office zoning/uses will not be detrimental to people, property or the general welfare of the area. 20. ACHD staff has reviewed and approved a single vehicular approach to the site from Locust Grove Road. Review of the ACHD report for this project will provide additional information. 21. It is found that the proposed development will not result in the destruction, loss or damage of natural, scenic or historic features. 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 Plarming and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 25 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 ofthis 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, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 25 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; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 25 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 Planned Development consisting often (10) office buildings with reductions to street frontage and landscape buffer requirements for Brockton Subdivision located on the west side of Locust Grove Road, approximately;4 ofa mile north of Us tick Road, within Section 31, Township 4 North, Range 1 East, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify Site Specific Condition #2 on Page 19 to read: "All building construction within Brockton Subdivision shall substantially comply with the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27, 2004. Construction materials shall substantially comply with the materials list on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Any significant modification(s) to the approved architectural design features and/or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 25 materials list, as determined by the Planning Director, will require separate CUP modification approval. Said modification will require City Council approval." B. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) I. All conditions of the Annexation and Zoning (AZ-04-0l0) and Preliminary Plat (PP-04-013) applications shall also be considered conditions ofCUP/PD (CUP-04-012). 2. All building construction within Brockton Subdivision shall substantially comply with the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Construction materials shall substantially comply with the materials list on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Any modification(s) to the approved architectural design features and/or materials list, as determined by the Planning Director, will require separate CUP modification approval. Said modification will require City Council approval. 3. There is no frontage requirement for the lots within Brockton Subdivision. All lots within Brockton Subdivision shall utilize a common ingress/egress drive aisle, as proposed. 4. Construct a 20-foot wide landscape buffer along the southern property line as proposed. Construct a 10-foot wide landscape buffer along the northern property line as proposed. Redesign the northwest portion of the drive aisle and parking area to allow for a full 20- foot wide landscape buffer along the entire west property line. This condition will require the removal of at least one parking stall and the relocation of the proposed trash enclosure location. 5. Place a note on the face of the final plat stating that all building setbacks shall be in compliance with the effective zoning regulations of the City of Meridian. 6. As amenities for the Planned Development, construct two gazebo areas with picnic tables. Sail! gÐZeàe areas shall be illeell"ofatel! into eeHIHiØR ¡at(s) se all fumre let e'Nllers -:¡ithill the I!e'lelef'ffient have assess te the amtJmtieG. All future lot owners within the development shall have access to the amenities through a recorded easement. f.t least I Q tla-ys prier te the City Caooeil hearing, the 1If'f'lieant shall saBFllit 10 eef'ies ef It seheFllatie shewin£ he-... the amenities y:ill be erienttJà ell the eelRFllelllet(s). (Pursuant to action of the City Council taken at their July 13, 2004 meeting.) 7. The landscape plan prepared by Harvest Design, P.C., on 3-17-04, is approved with the following changes: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 25 . Depict/construct a minimum 25-foot wide landscape buffer adjacent to Locust Grove Road. Said landscape buffer shall be located bevond anv future street rililit-of-wav for Locust Grove Road. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). A revised landscape plan shall be submitted for review and approval with the submittal of the Final Plat application(s). The plan must include the changes listed above, the sizes and species of trees, shrubs, bermingiswale details, and all proposed ground cover/treatment. 8. Construct a pedestrian walkway, from the proposed internal sidewalks, to the southwest (Parcel #S0531449500) and to the north (Parcel #S0531417685). The required walkways should be constructed in accordance with MCC l2-5-2.K and MCC 12-13-15. 9. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 10. 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. 11. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12- 5-2.K. 12. 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). 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 25 14. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. C. Adopt the Recommendations of ACHD as follows: Site SDecific Conditions of ADDroval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of- way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct one 30-foot wide driveway intersecting Locust Grove Road in alignment with Surnmerridge Drive on the east side of Locust Grove. The driveway shall be constructed as a curb return type driveway with IS-foot radii. The driveway shall be paved its full width and at least 30-feet into the site. 3. Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that 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 PAGE 19 OF 25 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 6. 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. 7. 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. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants sall have the 4 Yz" outlet face the main street or parking lot aisle. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 25 b. 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 comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. c. d. e. f. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and ternporary or permanent street signs are required before combustible construction begins. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire,-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 8. The 10 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of5' from the building to the dumpster enclosures. 10. In areas determined by the Fire Department to be fire lanes, paint the curb red and provide signage "No Parking Fire Lane." 11. All processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' ofa paved surface. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 25 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 stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the White Drain (parkins Nourse Drain) located at the north property boundary flowing east to west. A 20' easement is required. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be on file prior to any approvals. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 25 § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 25 multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. Ifthe 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 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 Z'7~ day of ðJ¡ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED ¿;¡ bS4-r- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 25 COUNCILMAN CHARLIE ROUNTREE VOTED ~ COUNCILMAN KEITH BIRD VOTED Þ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- DATED: 7--- :?1-fJ 4-- MOTION: APPROVED:--K- DISAPPROVED:- ~ Attest: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: '-~la.. .J\M VV\.- City Clerk's Office Dated: 8'. d-O4 Z:\WorklMlMeridianlMeridian IS360MlBrockton Subdivision AZ-04-010 PP-O4-013 CUP-O4-012\FfCIsCUPO4-012.d", FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 25 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/13/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FORBROCKTON SUBDIVISION WITH REQUEST FOR REDUCTION TO REQUIRED LANDSCAPE BUFFER ALONG NORTH, SOUTH, AND WEST BOUNDARIES AND REDUCED OR NOT LOT FRONTAGE IN AN L-O ZONE, LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, APPROXIMATELY ~ OF A MILE NORTH OF USTICK ROAD, WITHIN SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO Case No. CUP-04-012 ORDER GRANTING CONDITIONAL USE PERMIT CONFLUENCE MANAGEMENT, LLC, APPLICANT 1. This matter coming before the City Council on July 13, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned ORDER CONDITIONAL USE PERMIT (CUP-04-012) PAGE 1 OF 10 Development consisting often (10) office buildings with reductions to street frontage and landscape buffer requirements in a proposed L-O zone for Brockton Subdivision located on the west side of Locust Grove Road, approximately ~ of a mile north of U stick Road, within Section 31, Township 4 North, Range I East, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify Site Specific Condition #2 on Page 19 to read: "All building construction within Brockton Subdivision shall substantially comply with the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27, 2004. Construction materials shall substantially comply with the materials list on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Any significant modification(s) to the approved architectural design features and/or materials list, as determined by the Planning Director, will require separate CUP modification approval. Said modification will require City Council approval." B. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the Annexation and Zoning (AZ-04-01O) and Preliminary Plat (pP-04-013) applications shall also be considered conditions ofCUP/PD (CUP-04-012). 2. All building construction within Brockton Subdivision shall substantially comply with the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Construction materials shall substantially comply with the materials list on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27,2004. Any modification(s) to the approved architectural design features and/or materials list, as determined by the Planning Director, will require separate CUP modification approval. Said modification will require City Council approval. 3. There is no frontage requirement for the lots within Brockton Subdivision. All lots within Brockton Subdivision shall utilize a common ingress/egress drive aisle, as proposed. 4. Construct a 20-foot wide landscape buffer along the southern property line as proposed. ORDER CONDITIONAL USE PERMIT (CUP-O4-012) PAGE 2 OF 10 Construct a 10-foot wide landscape buffer along the northern property line as proposed. Redesign the northwest portion ofthe drive aisle and parking area to allow for a full 20- foot wide landscape buffer along the entire west property line. This condition will require the removal of at least one parking stall and the relocation of the proposed trash enclosure location. 5. Place a note on the face of the final plat stating that all building setbacks shall be in compliance with the effective zoning regulations of the City of Meridian. 6. As amenities for the Planned Development, construct two gazebo areas with picnic tables. Sait! gazelle areas shall he iHeerperatecl iate ee!Ð.ffiaH lat(s) sa all fuære let a'oVHers ';¡itkiH tke cle>:ele Jffie!lt ha-ve a6eess te the aHlaHities. All future lot owners within the development shall have access to the amenities through a recorded easement. At least 10 t!¡¡ys prier te the City Ce1HleÎl heariag, tke IIp JliewH shall slihæit 10 eapies ef a sehematie shewiag hew the ameaities '¡{¡¡¡he erieateà eft tke eeHllHeft let(s). (Pursuant to action of the City Council taken at their July 13,2004 meeting.) 7. The landscape plan prepared by Harvest Design, P.C., on 3-17-04, is approved with the following changes: . Depict/construct a minimum 25-foot wide landscape buffer adjacent to Locust Grove Road. Said landscape buffer shall be located bevond anv future street right-of-wav for Locust Grove Road. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). A revised landscape plan shall be submitted for review and approval with the submittal of the Final Plat application(s). The plan must include the changes listed above, the sizes and species oftrees, shrubs, berrning/swale details, and all proposed ground cover/treatment. 8. Construct a pedestrian walkway, from the proposed internal sidewalks, to the southwest (Parcel #S0531449500) and to the north (Parcel #SO531417685). The required walkways should be constructed in accordance with MCC 12-5-2.K and MCC 12-13-15. 9. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 10. The applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZe) submittal, the applicant shall submit a revised site plan, stamped approved by SSC, for the proposed ORDER CONDITIONAL USE PERMIT (CUP-04-012) PAGE 3 OF 10 trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC ll-12-I.C. 11. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12- 5-2.K. 12. 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). 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 14. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of ADProval I. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28- feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of- way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct one 30-foot wide driveway intersecting Locust Grove Road in alignment with Summerridge Drive on the east side of Locust Grove. The driveway shall be constructed ORDER CONDITIONAL USE PERMIT (CUP-04-012) PAGE 4 OF 10 as a curb return type driveway with IS-foot radii. The driveway shall be paved its full width and at least 30-feet into the site. 3. Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 4. Comply with all Standard Conditions of Approval. Standard Conditions of ADDfoval 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. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility 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 (1-800-342-1585) 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. ORDER CONDITIONAL USE PERMIT (CUP-O4-O12) PAGE 5 OF 10 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 confrrrnation 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. 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. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. ORDER CONDITIONAL USE PERMIT (CUP-O4-O12) PAGE 6 OF 10 8. The 10 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of5' from the building to the dumpster enclosures. 10. In areas determined by the Fire Department to be fire lanes, paint the curb red and provide signage "No Parking Fire Lane." II. All processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface. E. 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. 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 storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ORDER CONDITIONAL USE PERMIT (CUP-04-012) PAGE 7 OF 10 G. Adopt the Recommendations of the Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the White Drain (parkins Nourse Drain) located at the north property boundary flowing east to west. A 20' easement is required. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be on file prior to any approvals. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 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 ORDER CONDITIONAL USE PERMIT (CUP-O4-012) PAGE 8 OF 10 commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not. submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) 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. ORDER CONDITIONAL USE PERMIT (CUP-O4-012) PAGE90FlO 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. 2- 7-r!; day of By action of the City Council at its regular meeting held on the J~ ,2004. Attest: By: l!l (). ,  0 QJ\"--' City Clerk's Office Dated: ð'-;1-04 Z,\WmklM\MeridianlMeridUm 15360MIBrockton Subdivision AZ-()4-010 PP-O4-013 CUP-O4-012\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-O4-012) PAGE 10 OF 10