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HomeMy WebLinkAboutLarkspur Subdivision CUP 04-025 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/7/04 IN THE MATTER OF THE REQUEST) FOR CONDITIONAL USE PERMIT) FOR A PLANNED DEVELOPMENT) IN L-O, R-4 AND R-8 ZONE FOR ) LARKSPUR SUBDIVISION ) ) ) ) Case No. CUP-O4-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR, LLC, Applicant The above entitled conditional use pennit application having come before the City Council on September 7,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Canning, Ron Sargent, Doug Clegg and Doug Olson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. The property is located at 2090, 2190 and 2240 S. Meridian Road, approximately 1/3 mile south of the southeast intersection ofN. Meridian Road and E. Overland Road, Meridian. 2. The owners of record of the subject property are Calderwood Community, LLC, Jack and Carolyn Siemsen, and Donald Minegar. 3. Applicant is Larkspur, LLC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDMSION; CASE NO. CUP-04-025 PAGE 1 OF 21 4. The subject property is currently zoned R-4. 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. 5. The Applicant requests the Conditional Use Pennit for a Planned Development in R-8 and L-O zones. The R-8 and L-O zoning designations within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. The City Council of the City of Meridian hereby approves the requested Conditional Use PennÎt as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 2. 3. 4. 5. 1. The building and site improvements shall be constructed per the approved plans with all modifications required by these findings. All conditions ofthe accompany Preliminary Plat application shall also be considered conditions ofthe CUP. This conditional use pennÎt shall be subject to the expiration provisions set forth in MCC 11-7-4.8. All parking stalls shall meet the requirements of Ordinance 11-13. All drive aisles adjacent to parking shall be at least 25 feet wide. Prior to submittal of the Certificate of Zoning Compliance application for the Alzheimer's center, the applicant must receive written approval from Meridian's Police Chief on the site plan. The plan will include fencing for the Alzheimer's center per recommendation of the Police Chief. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-Q25 PAGE 2 OF 21 12. 13. 6. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4C. 8. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign pennit(s). 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Recourses regarding Shallow Injection Wells. 11. Certificate of Occupancy: 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. 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 at least 10 days prior to the next hearing on this application. The following reductions to dimensional standards have been requested for the R-8 and L-O zones: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-025 PAGE 3 OF 21 City Reauirements Min. Lot Size (R-8) ProDosed 6,500 s.f. (detached) 4,011 s.f. (detached) Min. Lot Frontage (R-8) 65' (detached) B. Min. Lot Size (L-O - 22.18' (detached) 7,000 s.f. 5,453 Adopt the Recommendations of the Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fire protection for the proposed project. 1. One and two fanIÎly 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. b. c. d. e. f. 3. Fire hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The fire hydrant shall not face a street which does. not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or pennanent 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 applicant shall provide a stub street to the property to the (south). The two entrances shall be separated by no less than Y> the diagonal measurement of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDMSION; CASE NO. CUP-04-Q25 PAGE40F21 c. 6. 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. 7. The proposed multi-family lot has an estimated 98 units with a total estimated population of 284 residents at build out 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. 8. The proposed project lies outside the five-minute response zone goal. Achievement oftJ¡js goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational frmds to staff the facilities. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of tJ¡js installation is to be borne by the developer. 10. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). Adopt the Recommendations of Central District Health Department as follows: 1. 2. 3. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-025 PAGE 5 OF 21 D. E. 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 Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation Districtmust review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments witJ¡jn the Nampa & Meridian Irrigation District Adopt the recommendations of the Ada County Highway District as follows: Site Suecific Conditions of Auuroval 2. 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. Construct a stub street at the south property line approximately 103-feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-o25 PAGE 6 OF 21 11. 12. 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks witJ¡jn 50-feet of right-of-way. 4. Construct Blackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5- foot attached concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Construct Blackspur Way (from the proposed island within Blackspur Way to the south property line) as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way, as proposed. Provide the District with an easement for the sidewalk that extends outside ofthe right-of- way. Submit a letter from the appropriate fire district allowing parking to remain on both sides of the roadway. 6. Construct an island within Blackspur Way, as proposed. Maintain a minimum of a 21- foot street section on either side of the island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 7. Construct a 20 to 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 2l0-feet east of State Highway 69 and 105-feet west of the proposed commercial street, as proposed. Construct a driveway with a l5-foot curb radius (minimum). 8. Construct a 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east of the proposed commercial street, as proposed. Construct the driveway with a l5-foot curb radius (minimum). 9. Construct a 25-foot wide curb return type driveway that intersects the proposed commercial street approximately 250-feet south of Calderwood Drive, as proposed. Construct the driveway with a 15-foot curb radius (minimum). 10. Comply with requirements ofITD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building pennit (or other required pennits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. Other than the access points that have specifically been approved with this application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-o25 PAGE 7 OF 21 Standard Conditions of ADDfoval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), 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 tenns and conditions oftJ¡js approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-D25 PAGE 8 OF 21 F. 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 oftJ¡js application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the action of the City Council taken at their September 7, 2004 meeting as follows: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access runs until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2, Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When tJ¡js occurs, Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use, access will be provided from the commercial development on the North and/or access from future commercial development from the south. If the future development is residential then access would be allowed across Lot 20, Block 1. In both cases there will be cross access easements across Lots 1 and 2, Block 1. Once the use has been detennined for both Lots 1 and 2, Block 1, the developer may then utilize the unused access for development. For example if the use of Lots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5, Block 1, or some access from the south, then Lot 20, Block 1 would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street, Blackspur Way, across Lot 20, Block 1. At that time the access from Lot 5, Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block 1 is required before Lot 5 or Lot 20, Block 1 could become a buildable lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDMSION; CASE NO. CUP-04-D25 PAGE 9 OF 21 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: That the above named applicant is granted a conditional use permit for a Planned Development in L-O, R-4 and R-8 zones, for Larkspur Subdivision located at 2090, 2190 and 2240 S. Meridian Road, approximately 1/3 mile south of the southeast intersection ofN. Meridian Road and E. Overland Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plans with all modifications required by these findings. 2. All conditions of the accompany Preliminary Plat application shall also be considered conditions of the CUP. 3. This conditional use pennit shall be subject to the expiration provisions set forth in MCC 11-7-4.B. 4. All parking stalls shall meet the requirements of Ordinance 11-13. All drive aisles adjacent to parking shall be at least 25 feet wide. 5. Prior to submittal of the Certificate of Zoning Compliance application for the Alzheimer's center, the applicant must receive written approval from Meridian's Police Chief on the site plan. The plan will include fencing for the Alzheimer's center per recommendation of the Police Chief. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDMSION; CASE NO. CUP-04-025 PAGE 10 OF 21 9. 12. 13. 6. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 7. All exterior lighting, whether attached to the building or located witJ¡jn the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 8. All signage shall be in accordance with the staÍIdards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign pennit(s). All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Recourses regarding Shallow Injection Wells. 11. Certificate of Occupancy: 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. 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 at least 10 days prior to the next hearing on this application. The following reductions to dimensional standards have been requested for the R-8 and L-O zones: Citv Reauirements ProDosed Min. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-O25 PAGE 11 OF 21 B. Lot Size (R-8) 6,500 s.f. (detached) 4,011 s.f. (detached) Min. Lot Frontage (R-8) 65' (detached) 22.18' (detached) Min. Lot Size (L-O - 7,000 s.f. 5,453 Adopt the Recommendations of the Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fire protection for the proposed project. 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 W' outlet face the main street or parking lot aisle. The fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. b. c. d. e. f. 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 applicant shall provide a stub street to the property to the (south). The two entrances shall be separated by no less than Y> the diagonal measurement of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-DZ5 PAGE 12 OF 21 6. 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. 7. The proposed multi-family lot has an estimated 98 units with a total estimated population of 284 residents at build out 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. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational frmds to staff the facilities. 9. The fire department requests that any future signalization installed as the result of the development oftJ¡js project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 10. All portions of the buildings located on tJ¡js project must be within 150' of a paved surface as measured around the perimeter ofthe building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). C. Adopt the Recommendations of Central District Health Department as follows: 2. 3. 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-D25 PAGE 13 OF 21 D. 5. 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 Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application priorto final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDMSION; CASE NO. CUP-O4-D25 PAGE 14 OF 21 6. NMID recommends that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. E. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. 2. Construct a stub street at the south property line approximately 1 03-feet west of the east property line, as proposed. Construct a temporary turnaround at the tenninus of the roadway and install a sign at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks witJ¡jn 50-feet ofright-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 15 OF 21 11. 12. 4. Construct Blackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5- foot attached concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Construct Blackspur Way (from the proposed island within Blackspur Way to the south property line) as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way, as proposed. Provide the District with an easement for the sidewalk that extends outside of the right-of- way. Submit a letter from the appropriate fire district allowing parking to remain on both sides of the roadway. 6. Construct an island witJ¡jn Blackspur Way, as proposed. Maintain a minimum of a 2l-foot street section on either side of the island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 7. Construct a 20 to 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 2l0-feet east of State Highway 69 and 105-feet west of the proposed commercial street, as proposed. Construct a driveway with a l5-foot curb radius (minimum). 8. Construct a 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east of the proposed commercial street, as proposed. Construct the driveway with a l5-foot curb radius (minimum). 9. Construct a 25-foot wide curb return type driveway that intersects the proposed commercial street approximately 250- feet south of Calderwood Drive, as proposed. Construct the driveway with a l5-foot curb radius (minimum). 10. Comply with requirements of ITD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. Other than the access points that have specifically been approved with tJ¡js application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDMSION; CASE NO. CUP-O4-o25 PAGE 16 OF 21 Standard Conditions of ADDroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State 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 oftJ¡js approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-D25 PAGE170F21 F. 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 tJ¡js application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the action of the City Council taken at their September 7,2004 meeting as follows: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access runs until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2, Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When this occurs, Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use, access will be provided from the commercial development on the North and/or access from future commercial development from the south. If the future development is residential then access would be allowed across Lot 20, Block 1. In both cases there will be cross access easements across Lots 1 and 2, Block 1. Once the use has been detennined for both Lots 1 and 2, Block 1, the developer may then utilize the unused access for development. For example if the use of Lots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5, Block 1, or some access from the south, then Lot 20, Block 1 would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street, Blackspur Way, across Lot 20, Block 1. At that time the access from Lot 5, Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block 1 is required before Lot 5 or Lot 20, Block 1 could become a buildable lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-D25 PAGE 18 OF 21 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 pennit 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 pennits and commence construction of pennanent 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 tJ¡jrty (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- 4.8.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-o25 PAGE 19 OF 21 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 for Judicial Review may be filed. Please take notice that tJ¡js 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 witJ¡jn twenty-eight (28) days after the date of tJ¡js 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 ZI3~ day of Jèp~ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED* VOTED-þ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 1"2-15-I'/f- -- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-O4-o25 PAGE 20 OF 21 MOTION: Y APPROVED:-L DISAPPROVED:- Attest: By: ,jQUtOi J1~ City Clerk's Office Dated: /O-4-()~ Z,IWorkIM\MeridianIMeridian !5360MlLarkspur n RZ 04 009 PPD4-023 CUP 04-0251ù1rkspur CUP-Q4-1J25 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-o25 PAGE 21 OF 21