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HomeMy WebLinkAboutTiburon Meadows Subdivision CUP-04-013 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR REDUCTIONS TO THE MINIMUM REQUIREMENTS FOR LOT AREA; STREET SIDE SETBACKS AND MINIMUM STREET FRONTAGE FOR TffiURON MEADOWS SUBDIVISION ON 10.69 ACRES IN R-4, R-8, AND L-O ZONES, LOCATED AT 1450 AND 1460 NORTH TEN MILE ROAD, APPROXIMATELY Yz MILE SOUTH OF THE SOUTHEAST INTERSECTION OF TEN MILE ROAD AND CHERRY LANE, MERIDIAN, IDAHO TIBURON MEADOWS, LLC APPLICANT C/C 07/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-013 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 6, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clerk for the Planning and Zoning Department, and Ron Sargent, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 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 I. 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 6, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 6, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-4 zone and by reason ofthe provisions of the 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 22 Council on this application. 4. The property is located at 1450 AND 1460 North Ten Mile Road, approximately Yz mile south of the southeast intersection ofTen Mile Road and Cherry Lane, Meridian, Idaho. 5. The owners of record of the subject property are Stonehouse Evangelical Church and Greta Huit, Trustee for the Huit 1992 Revocable Trust, and they have submitted notarized consent for the subject application for Tiburon Meadows, LLC. Tiburon Meadows, LLC has a sale pending on the northern parcel, for the eastern portion, (1460 North Ten Mile Road) and the property is proposed to close on or before February 26, 2005, with Greta Huit, Trustee for the Huit 1992 Revocable Trust. Additionally, Tiburon Meadows, LLC has sale pending on the southern two parcels, for the eastern portion and public road from Ten Mile Road to the PUD, (1450 North Ten Mile Road), and the property is proposed to close on or before January 6,2005. Applicant is Tiburon Meadows, LLC. 6. The Applicant is Tiburon Meadows, LLC. 7. The subject property is currently zoned R-4. There is, however, an application for re-zone to R-4 (Low Density Residential), R-8 (Medium Density Residential), and L-O (Limited Office District) before the City Council. The zoning districts ofR-4, R-8 and L-O are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a planned development for reductions to the minimum requirements for lot area, street side setbacks and minimum street frontage on 10.69 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 (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 Community and Public 1 Quasi-Public. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. 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 Recommendations of the Planning and Zoning and Engineering staff as follows: I. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- l7-4.B. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 4. 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. 8. Adopt the Recommendations of the Meridian Fire Department as follows: I. One and two farnilydwellings will require a fire-flow ofl,OOO gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval 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 ofthe hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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 two entrances shall be separated by no less than Yz the diagonal measurement of the project. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 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 proposed 42-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 122 residents at build out. 9. The proposed officelcommerciallots lot 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 c. D. I. 2. by Fire & Emergency Services Consulting Group our requests for service are proj ected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5' ftorn the building to the dumpster enclosure. 11. All portions of the buildings located on this project must be within 150' of a paved surface. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. Adopt the Recommendations of 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 Enviromnental 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. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Dedicate a total of 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. Construct a 5-foot concrete sidewalk abutting the site on Ten Mile Road OR provide a road trust deposit to the District for the cost of the sidewalk. The approximate cost of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 road trust deposit would be $7,440. The face of the sidewalk should be located a minimum of 41- feet from the centerline of Ten Mile Road. 3. Construct W. Sheryl Street to intersect Ten Mile Road approximately I 50-feet south of the north property line (measured property line to centerline), as proposed. 4. W. Sheryl Street shall be constructed as a 40-foot street section with curb, gutter, and 5- foot concrete sidewalks within 54-feet of right-of-way from Ten Mile Road approximately 260-feet into the site (which is the east property boundaries for Lot 2 and Lot 40, Block I). 5. Construct the following internal streets as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way: N. Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the easterly 300-feet ofW. Sheryl Street. The applicant should provide the District with an easement for the sidewalk that extends outside of the right-of-way. Ifthe applicant would like to have parking on both sides of the roadway, the applicant should submit a letter from the appropriate fire District allowing parking to remain on both sides of the roadway. 6. Locate the driveways for the church and the future commercial uses shall be located on W. Sheryl Street a minimum of 50-feet from the intersection ofTen Mile and W. Sheryl Street. 7. Utilize the southern church driveway, located l7-feet north of the south property line, on Ten Mile Road, as an emergency access only. Install "Emergency Access Only" signage beside the driveway, and install bollards or some other barrier acceptable to the local fire department to prevent regular vehicular access. 8. Other than W. Sheryl Street and the emergency access, no additional access points to Ten Mile Road are approved with this application. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside ofthe 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 7 OF 22 E. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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 Nampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application to be filed for review prior to final platting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 2. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses through the southwest corner ofthis proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plans, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For clarification: I. 2. 3. 13. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church's two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. The Applicant's property encroaches 30 feet into the District's easement, including to the center line ofthe Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. (Added as a new number 10. under SITE SPECIFIC COMMENTS - PRELIMINARY PLAT hereinabove, as per action of the City Council taken at their July I, 2004 meeting.) Option for the Applicant: Option I) The garage on Lot 1 shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. (See SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7. hereinabove, as per action of the City Council taken at their July 1,2004 meeting.) There are no significant or scenic features, or no significant existing trees, of major importance 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 15. The current Comprehensive Plan Land Use Map designates the northern parcel of the subject property as Mixed-Use - Community, and the southern two parcels are designated as Public / Quasi-Public. It is found that the proposed development does comply with Meridian's Comprehensive Plan policies. 16. It is found that the design concept is compatible with the intended character of the area. It is found that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing residential neighborhoods and commercial areas along Ten Mile Road and 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. 19. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. The proposed development is accessed off of existing public streets and the developer will pay for the extension of public services to the subject property. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare ofthe 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. The applicant has proposed to turn the existing access point at the south of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 subject property into an emergency access point. Refer to the ACHD staffreport for a full report on traffic issues. 22. It is found that there are no natural or scenic features of major importance which will be lost through the development of the subject property. CONCLUSIONS OF LAW I. 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 (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the 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) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character. of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4), Medium Density Residential District (R-8), and Limited Office District (L-O) 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 "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. 8. c. D. E. Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 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: I. That the above named applicant is granted a conditional use permit for a planned development for reductions to the minimum requirements for lot area, street side setbacks and minimum street frontage on 10.69 acres, subject to the following conditions of use and development, subject to the following: A. 8. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fITe codes. 4. 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. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 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. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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 two entrances shall be separated by no less than Yz the diagonal measurement of the project. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 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 of 300' apart. 8. The proposed 42-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 122 residents at build out. 9. The proposed office/commercial lots lot 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. 10. Maintain a separation of 5' from the building to the dumpster enclosure. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 II. All portions of the buildings located on this project must be within 150' of a paved surface. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. C. Adopt the Recommendations of 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval I. Dedicate a total of 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of- way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 5-foot concrete sidewalk abutting the site on Ten Mile Road OR provide a road trust deposit to the District for the cost of the sidewalk. The approximate cost of the road trust deposit would be $7,440. The face of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 160F22 sidewalk should be located a minimum of 4l-feet from the centerline ofTen Mile Road. 3. Construct W. Sheryl Street to intersect Ten Mile Road approximately I 50-feet south ofthe north property line (measured property line to centerline), as proposed. 4. W. Sheryl Street shall be constructed as a 40-foot street section with curb, gutter, and 5-foot concrete sidewalks within 54-feet of right-of-way from Ten Mile Road approximately 260-feet into the site (which is the east property boundaries for Lot 2 and Lot 40, Block 1). 5. Construct the following internal streets as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way: N. Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the easterly 300-feet ofW. Sheryl Street. The applicant should provide the District with an easement for the sidewalk that extends outside of the right-of-way. If the applicant would like to have parking on both sides of the roadway, the applicant should submit a letter from the appropriate fire District allowing parking to remain on both sides of the roadway. 6. Locate the driveways for the church and the future commercial uses shall be located on W. Sheryl Street a minimum of 50-feet from the intersection ofTen Mile and W. Sheryl Street. 7. Utilize the southern church driveway, located l7-feet north of the south property line, on Ten Mile Road, as an emergency access only. Install "Emergency Access Only" signage beside the driveway, and install bollards or some other barrier acceptable to the local fire department to prevent regular vehicular access. 8. Other than W. Sheryl Street and the emergency access, no additional access points to Ten Mile Road are approved with this application. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 170F22 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 E. F. § 11-17-9. Adopt the recommendations of the N ampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses through the southwest corner of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plans, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For clarification: I. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church's two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. 2. The Applicant's property encroaches 30 feet into the District's easement, including to the center line of the Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. (Added as a new number 10. under SITE SPECIFIC COMMENTS - PRELIMINARY PLAT hereinabove, as per action of the City Council taken at their July I, 2004 meeting.) 3. Option for the Applicant: Option I) The garage on Lot I shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. (See SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7. hereinabove, as per action of the City Council taken at their July 1, 2004 meeting.) 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 3. The above conditions are concluded to be reasonable and the applicant shall meet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT PAGE 19 OF 22 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 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. By action of the City Council at its regular meeting held on the 21-f~ day of J~ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED a¡;'J'"~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 22 COUNCILMAN KEITH BIRD VOTED~ VOTED MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 7-2-7-04- MOTION: APPROVED:----Ä- Attest: By: .:)(\ \0. JtN~ City Clerk's Office Dated: 'is- ;;;>-0+- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR REDUCTIONS TO THE MINIMUM REQUIREMENTS FOR LOT AREA; STREET SIDE SETBACKS AND MINIMUM STREET FRONTAGE FOR TIBURON MEADOWS SUBDIVISION ON 10.69 ACRES IN R-4, R-8, AND L-O ZONES, LOCATED AT 1450 AND 1460 NORTH TEN MILE ROAD, APPROXIMATELY Yz MILE SOUTH OF THE SOUTHEAST INTERSECTION OF TEN MILE ROAD AND CHERRY LANE, MERIDIAN, IDAHO TIBURON MEADOWS, LLC., APPLICANT C/C 07/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-04-013 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on July 6, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a planned development for reductions to the minimum requirements for lot area, street side setbacks and ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGEI0F9 minimum street frontage on 10.69 acres located at 1450 and 1460 North Ten Mile Road, approximately Yz mile south of the southeast intersection ofTen Mile Road and Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development: A. 2. 3. 4. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: I. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- l7-4.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 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. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two farnilydwellings will require a fire-flow ofl,OOO gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 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. e. Fire Hydrants shall be placed on corners. f. 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. ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGE20F9 C. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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 two entrances shall be separated by no less than Yz the diagonal measurement of the project. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 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 proposed 42-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 122 residents at build out. 9. The proposed office/commercial lots lot 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. 10. Maintain a separation of 5' from the building to the dumpster enclosure. II. All portions of the buildings located on this project must be within I 50' of a paved surface. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. Adopt the Recommendations of 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. ORDER CONDITIONAL USE PERMIT (CUP-O4-013) PAGE30F9 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. D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs fITst. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 5-foot concrete sidewalk abutting the site on Ten Mile Road OR provide a road trust deposit to the District for the cost of the sidewalk. The approximate cost of the road trust deposit would be $7,440. The face of the sidewalk should be located a minimum of 4l-feet from the centerline ofTen Mile Road. 3. Construct W. Sheryl Street to intersect Ten Mile Road approximately I 50-feet south of the north property line (measured property line to centerline), as proposed. 4. W. Sheryl Street shall be constructed as a 40-foot street section with curb, gutter, and 5- foot concrete sidewalks within 54-feet of right-of-way from Ten Mile Road approximately 260-feet into the site (which is the east property boundaries for Lot 2 and Lot 40, Block I). 5. Construct the following internal streets as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way: N. Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the easterly 300-feet ofW. Sheryl Street. The applicant should provide the District with an easement for the sidewalk that extends outside ofthe right-of-way. If the applicant would like to have parking on both sides of the roadway, the applicant should submit a letter from the appropriate fire District allowing parking to remain on both sides of the roadway. ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGE40F9 6. Locate the driveways for the church and the future commercial uses shall be located on W. Sheryl Street a minimum of 50-feet from the intersection ofTen Mile and W. Sheryl Street. 7. Utilize the southern church driveway, located l7-feet north of the south property line, on Ten Mile Road, as an emergency access only. Install "Emergency Access Only" signage beside the driveway, and install bollards or some other barrier acceptable to the local fire department to prevent regular vehicular access. 8. Other than W. Sheryl Street and the emergency access, no additional access points to Ten Mile Road are approved with this application. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGE50F9 E. F. 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 from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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 Nampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses through the southwest corner of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plans, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGE60F9 For clarification: I. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church's two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. 2. The Applicant's property encroaches 30 feet into the District's easement, including to the center line of the Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the N ampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. (Added as a new number 10. under SITE SPECIFIC COMMENTS - PRELIMINARY PLAT hereinabove, as per action of the City Council taken at their July I, 2004 meeting.) 3. Option for the Applicant: Option I) The garage on Lot I shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. (See SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7. hereinabove, as per action of the City Council taken at their July 1, 2004 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, ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGE70F9 satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY 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 ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGE80F9 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 2 ? ~!:: day of ð~ ,2004. Attest: By~ \\ a ~Jv 0 fY\.J City Clerk's Office Dated: <6;-;) - 04 Z:\WorklMlMeridianlMeridian 15360MlTiburon Moadows Sub RZ-O4-007 PP-04.016 CUP-O4.Q13\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-04-013) PAGE90F9