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Lyndhurst Grove CUP RECEIVED MAY 7 2005 g!ty Of Meridian STAFF SUMMARy1ty Clerk Office OF PLANNING AND ZONING COMMISSION RECOMMENDA nON TO CITY COUNCIL Transmittal Date: May 17, 2005 Project Name: Lyndhurst Grove Subdivision Case No(s): AZ-05-0llIPP-05-013/CUP-05-015 Applicant: Highland Development, LLC P&Z Commission Hearing Date(s): April 21, 2005 Recommendation: Approve with conditions A. Summary of Public Hearing: 1. In favor: Kevin Amar (Applicant) 2. In opposition: None 3. Commenting: Barbara Bollis 4. Staff presenting application: Craig Hood 5. Other staff commenting: None B. Key Issues of Discussion by Commission: 1. Sewer serviceability. C. Key Commission Changes to Staff Recommendation: The Commission made one change to staff's original recommendation. The change requires the applicant to reconstruct the existing foot bridge across the Eight Mile Lateral. See stFikethreegH and bold type in Exhibit E (preliminary Plat) for changes. D. Outstanding Issue(s) for City Council: As of the print deadline, the applicant has not submitted the revised landscape plan depicting a micro-path in the northwest comer of the development and the correct landscape buffer width on Pine Avenue (see Site Specific Condition #3 in Exhibit E). E. Preliminary/Final Plat 1. Date of Preliminary Plat: 2-11-05 2. Date of Site Plan: 2-11-05 3. Date of Landscape Plan: 2-7-05 F. Recommended Conditions of Approval (by Commission, if applicable) See attached Exhibits D, E and F EXHIBIT A Lyndhurst Grove Subdivision AZ-O5-011 Legal Description ,'--' --"~'-" Jepson Propeny Boundary Description A parœllocaled in the SW % of the NW % of Section 11, Township 3 North, Range 1 Wast, Boise Meridian, Ada County. Idaho. more particulal1y described as fonows; BEGINNING al a 5/8 inch diameter iron pin marking the southeast corner of said SW % of the NW % (CW '/" Comer) lrom which a brass cap monument marking the southwesl comer of the MN % 01 said Section 11 (Yo Comer) bears N 89'11 '26" W a distance 01 1322.57 feel; Thanœ N 89'11'26" Walong the souther1y boundary 01 said SW % of Ihe NW % " diSlance 01467,69 feet to a 5/6 inch diameter iron pin; Thence leavíng said southerly boundary N 0'47'54" E a distance of 709.62 feet to a 518 inch diomalar iron pin: Thence S 61'01'50" E a distance of 528.05 feet to a 5/6 inch diameter iron pin on the easterly boundary of said SW % 01 the NW 1<\; Thence S 0'30'00" W """'9 said easterly boundary a dislanœ of 460.43 feet to the POINT OF BEGINNING. This parcel contains 6.26 acres and is subjecl to any eesements existing or in use. ~~., . ?J. il--" .€'I . 3 ".'.. Clinton W. Hansen, PlS Land Solutions. PC January 26, 2005 "O"\.\G "i.".' .~~'"- ,~", "~~ . A3/a4f280S la: e< 2003385873 UM) ClJlaJLfANT5 PAGE "?/e2 fr- ------iš'~~~--+- -If-~<--+r-¡ r, I --- f t ì I/lm _Omoo_! '----;---,.. I I ! '¡ :1 ~ .- i it ~~¡ j~> ì! ,:: I , f' ", "" ~¡;j ~ i'~:!! m /! ! ~~g j :!~ I i / ! I, .~~.¡~~ ï :!~ ., -+ -4-1 ¡¡..~ m ~ !¡,:: rm--. .-- c,--; ~---'.'.. -M;" Iii ~~~n ~ I 6"- z II! i+~ ..r-- ~~ ¡~¡ ii ~ i~ t . .. 1 jp d~ t-------1ib-_o ~I ~ -~r+J, ~\1 I .~~- , I § I~ IQIJ~ "Ir. I: !* j~' ,"n>A. puø"o """>EPT ~ ~ C] Q ê ~ 5 I :¡¡¡ïf~;~~I:~ ¡ I i I II Ii I : I I G I ¡ r----- , EXHIBIT B Lyndhurst Grove Subdivision PP-O5-013 Approved P'ê.e!i~!.!..a!y Plat ~,-":C,:V,,:j,\,,L,1 ,,', \~~Br'"CI'-" ~, ~Jlm~ Ø!' " ~~, :~j, I,i, ;, "',," ~~'il r I;,: ~~~¡!I r1t~j!' ~, ,,-, rl:,',','"",'c"I, I ;!;; m rn':.Ll' I~~il \,1 ,'"f' ,~- ~L ! ; "~ .' d, ,¡ ¡!¡ii',: ¡I, ',' I', ,I".' ,Ii ,! .i¡ J '!': , !::::":::::;:'l!~¡~,i ",1"1' " II,! II ';'1;:; fì:! ,,!lI! ".I,¡~ ¡' 1!¡jlm¡¡.mn¡~ i: "';" !' Ii! \1111!ì . ,.. ,/¡ i - '~~...~,.~, ¡ I~ f,i I'fit I ;,!::I"",j,~,'", I "i::dJ ~ ' ;¡ .° ¡ g 1',.fl""",~I, ~1~i!;d11 '~.,' ,,",-"""1'.", " ., "ì-¡g i .Iíl-¡~l I, ,,'I \ I ! \ ~,~,."jl;,',!;" '~' I¡'J '¡'.' ,: ,:l,^,'r ¡'"_,,li.Ei ,¡ ;¡; .. ..f "=,,' ,~ ¡J );! .¡i1¡ ¡¡I,; ¡,'!!.III!",",'I,II"i,' 'h."""..,.!!", " ¡, i- ó '~,-'--i' j' , .,i 'J! " . f I,] ~.- '"".11 " I ""'1 .,,_,' --I! EXHIBIT C Lyndhurst Grove Subdivision CUP-O5-015 Approved Site Plan ---^"---~~""" I I¡IL I ~~¡!i, ~;~¡ IÊd ~ ~. rJ . r :it 1.~ " , , 'I' ,iI j ¡ ¡ ¡ ¡ :d:d!!ltlu ~ It,! , I ¡ ~ ti:¡I"¡/'II.il. mllllil!;!I¡hl! 11:1.1 II Iii 'I .!I ;11 ~, - ""^'~', -- .1 t ,/"'--\. ( '~;~~ ---- I \ ! " í ¡ ., '1 ,-~,,-- ¡ I'; ", - --.t, :", - '[ 'I' 'I' I' ,m ~,.¡,~! 1;, !':;! ~iI! ~!.! ~m,i ,ii,,: . I !! - l' .' ~ I, ii IJi" ""m¡! ! ,¡I! 'j 1,¡!j!i!1! ¡¡'¡¡¡ii , I¡ ii' : II, ',' 111 ¡ " ' ¡ Ii I' :!¡: I, ijj! ¡ ¡¡¡,to: \1111,]1 I"!',,>, -III, ~."~'"',-,-",.,."!¡,,,ïi¡,,,,~ . ~f'FI' ,,/11:: I"' I" ¡I~ '1:;ll",I,¡,~~ I' 'I, I'I I'il¡~! ' EXHIBIT D Lyndhurst Grove Subdivision AZ-O5-011 Annexation and Zoning Comments ANEXATION & ZONING COMMENTS 1. The legal description (dated 1-28-05, stamped by Clinton W, Hansen) shows the property as contiguous to the existing corporate boundary of the City of Meridian, EXHIBIT E Lyndhurst Grove Subdivision PP-O5-013 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAn 1. The preliminary plat prepared by Bailey Engineering, Inc" dated 2-11-05, is approved, with the conditions listed herein, All conditions of the accompanying Annexation/Zoning (AZ-05-0ll) and Conditional Use Permit (CUP-05-0l5) application shall also be considered conditions of the Preliminary Plat (PP-05- 013). 2, Construct Brougham Drive as a public stub street to the recently approved Sommersby Subdivision to the west, as proposed, 3, The submitted landscape plan prepared by The Land Group, Inc" dated 2-7-05 is not approved as submitted, The proceeding notes/modifications should be shown on a revised landscape plan: . Depict a 20-foot wide landscape buffer lot outside of the 35-foot wide right- of-way required by ACHD for Pine Avenue. The width of said landscape buffer shall not include the width of the required sidewalk for Pine Avenue, In accordance with MCC 12-13-10-6, install one tree for every 35-feet of frontage on the Pine A venue right-of-way. . Depict a 5-foot wide micropath on Lot 1, Block 2. Construct a minimum 5- foot wide landscape strip on both sides of the micropath, Said micropath shall connect to the existing foot bridge crossing of the Eight Mile Lateral and terminate at the sidewalk for Brougham Drive, Fences adjacent to pathways are recommended to be see-through, If solid fencing is used adjacent to pathways it should not exceed four feet in height . The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. . All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances, All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan, Ten full-size copies of a revised landscape plan (and ane 8,5" x 11" coPv) depictinf! the abave chanf!es/madificatians shall be submitted ta the Citv Clerk at least 10 davs priar ta the Citv Council public hearinf! date, 4, Prior to signature of the final plat by the City Engineer, relocate the existing single-family home to Lot 14, Block 2, and remove all other structures on this site, as proposed. 5, The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water, If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process, A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval, The applicant shall be required to utilize any existing surface or well water for the primary source, If a surface or well source is not available, a single-point connection to the culinary water system shall be required, If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 6, Except for the Eight Mile Lateral, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13, Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature, Protect the Eight Mile Lateral, a significant natural feature, through standard stormwater and run-off management practices, 7, A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits, All fences shall taper down to 3-feet maximum within 20 feet of all right- of-way, All fencing shall be installed in accordance with MCC 12-4-10, Fencing adjacent to any micropaths/multi-use pathways shall be installed in accordance with MCC 12-13-15-9. 8, Permanent sanitarv sewer service to this develol1ment is not available at this time, The applicant will be responsible for the extension of utilities to and through this proposed development and any upsizing or improvements to the lift station at The Courtyards at Ten Mile, Sizing and routing shall be coordinated with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service, If this application is approved, development shall be subject to availability of the sanitary sewer. 4, 5, 6, 7, 9, Water service shall be from extensions of the existing main in W, Pine Street. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties, Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service, 10, Applicant shall be responsible for the payment of sewer and water assessments, and the actual physical water and sewer service connections to the existing residence. Existing well and septic systems shall be abandoned in accordance with the applicable jurisdictional standards, 11. Maintenance of all common areas shall be the responsibility of the Lyndhurst Grove Homeowners' Association, 12. Direct lot access to Pine Avenue is prohibited, A note shall be placed on the final plat restricting access to Pine Avenue. GENERAL CONDITIONS (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC ll-12-3H, 2, Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8, 3, A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat, A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application, Coordinate fire hydrant placement with the City of Meridian Public Works Department. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense, Typical locations are at street intersections and/or fire hydrants, Final design locations and quantity are determined after power designs are completed by Idaho Power Company, The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations, Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees 8, 9. 10, that were removed, Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated, Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review, Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a lOO-year storm events, Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases, The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation, This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. The applicant shall coordinate mailbox locations with the Meridian Post Office, Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, Wells may be used for non-domestic purposes such as landscape irrigation, 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 12, Applicant's engineer will be required to submit a signed, stamped statement certifying that all street [mish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation, 13, The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14, Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers, 15. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental ProteCtion Agency. 16, Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance, 17. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4, OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT 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 500' apart, International Fire Code Appendix C, 2, Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing, 3, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. 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 when spacing pemIits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g, Fire hydrants shall be place 18" above finish grade, h, Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5, 4, The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around, 5, All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site, 7, The proposed 36-lot subdivision with an estimated 2,9 residents per household would have a total estimated population of 104 residents at build out. 8, 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, 9, Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3,1.2 the distance requirement shall be 600 feet (183), a, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m), b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903,3,1.1 or 903.3,1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed, 2, Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed, ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 1, Dedicate a total of 35-feet of right-of-way from the centerline of Pine Avenue abutting the site, Widen the pavement to one half of a 46- foot street section and construct vertical curb, gutter, and a 5-foot detached (or 7-foot attached) concrete sidewalk abutting the site on Pine Avenue, 2, Locate the entrance street, Lyndhurst Avenue, to intersect Pine Avenue approximately llO-feet east ofthe west property line (measured property line to centerline), as proposed. 3, Construct the internal local streets as 36-foot street sections with curb, gutter, and 5-foot concrete sidewalks within 50-feet of right-of-way, as proposed, 4, Extend the stub street (BroughanI Drive) at the west property line ITom the proposed Sommersby Subdivision into the site as proposed. 5, Construct a turnaround at the terminus of Brough anI Place with a minimum 45- foot turning radius and no center island, as proposed, 6, Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1, Any existing irrigation facilities shall be relocated outside of the right-of-way, 2. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer, 3, Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe 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 constrnction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State of Idaho shall prepare and certifY all improvement plans, 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy, 8, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road InIpact Fee Ordinance, 9, It is the responsibility of the applicant to verify all existing utilities within the right-of-way, The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction, 10, No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 11, Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1, This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted, 2, The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality, 3, Run-off is not to create a mosquito breeding problem, 4, Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5, The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation, NAMPA & MERIDIAN IRRIGATION DISTRICT 1. All laterals and waste ways must be protected. The District's Eight Mile 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, 2, All municipal surface drainage must be retained on site, If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans, 3, The developer must comply with Idaho Code 31-3805, It is recommended that irrigation water be made available to all developments within the N ampa & Meridian Irrigation District. EXHIBIT F Lyndhurst Grove Subdivision CUP-05-015 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PO) 1. The site plan prepared by Bailey Engineering, Inc" labeled PUD, dated 2-11-05, is approved, with the conditions listed herein, The applicant shall meet all of the requirements of the Annexation/Zoning (AZ-05-011) and Preliminary Plat (PP- 05-13) as a condition of the Conditional Use Permit (CUP-05-0l5), 2, The project shall conform to the R-8 dimensional standards, except as follows: . Minimum frontage (attached lots): . Minimum lot size: 50-feet (non cul-de-sac lots), 3,600 square-feet (attached) 4,500 square-feet (detached) No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP application, 3, The following amenities are required as part of the Planned Development: playground equipment and a picnic area including tables and a BBQ on Lot 21, Block 2; Six (6) percent of the site set aside as useable open space; and, a micropath on Lot 1, Block 2, connecting to the pedestrian bridge across the Eight Mile Lateral. The applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) from the City prior to construction of any permanent structures on the proposed park lot. 4, Construction within Lyndhurst Grove Subdivision shall substantially comply with the elevations submitted by the applicant and on file with the City, Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Building Code. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT 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 500' apart, International Fire Code Appendix C. 2, Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing, 3, Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 \12" 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 comers when spacing permits, f. Fire hydrants shall not have any vertical obstructions to outlets within 10', g, Fire hydrants shall be place 18" above finish grade, h, Fire hydrants shall be provided to meet the requirements of the IFC Section 509,5, 4, The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5, All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius, 6, Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site, 7, The proposed 36-lot subdivision with an estimated 2,9 residents per household would have a total estimated population of 104 residents at build out. 8. 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, 9, Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3,1.2 the distance requirenIent shall be 600 feet (183), a, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m), b, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3,1.1 or 903.3,1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed, 2, Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed, ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROVAL 1. Dedicate a total of 35-feet of right-of-way from the centerline of Pine Avenue abutting the site, Widen the pavement to one half of a 46- foot street section and construct vertical curb, gutter, and a 5-foot detached (or 7-foot attached) concrete sidewalk abutting the site on Pine Avenue, 2, Locate the entrance street, Lyndhurst Avenue, to intersect Pine Avenue approximately 110- feet east of the west property line (measured property line to centerline), as proposed, 3, Construct the internal local streets as 36-foot street sections with curb, gutter, and 5-foot concrete sidewalks within 50-feet of right-of-way, as proposed, 4, Extend the stub street (Brougham Drive) at the west property line from the proposed Sommersby Subdivision into the site as proposed, 5, Construct a tumaround at the terminus of Brougham Place with a minimum 45- foot turning radius and no center island, as proposed, 6, Comply with all Standard Conditions of Approval, STANDARD CONDITIONS OF APPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2, All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details, 4, Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details, 5, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State of Idaho shall prepare and certify all improvement plans, 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy, 8, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance, 9, It is the responsibility of the applicant to verify all existing utilities within the right-of-way, The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction, 10, No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District, 11, Any change by the applicant in the planned use of the property which is the subject ofthis 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. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted, 2, The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality, 3, Run-off is not to create a mosquito breeding problem. 4, Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5, The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation, NAMPA & MERIDIAN IRRIGATION DISTRICT 1. All laterals and waste ways must be protected, The District's Eight Mile 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, 2, All municipal surface drainage must be retained on site, If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans, 3, The developer must comply with Idaho Code 31-3805, It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT G Lyndhurst Grove Subdivision AZ-05-011 Zoning Amendment Findings According to Meridian City Code (MCC) II-IS-II, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment, " Thefollowing is the list of standards found in 11-15-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre, Consistent with the Comprehensive Plan Future Land Use Map, the applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCll-7-2,C). The proposed residential density is 5,75 gross dwelling units per acre, City Council believes that if an R-8 zone (and associated PP and CUP applications) is approved, the proposed zoning/density will allow a smooth transition ITom the multi-family to the west and the single-family to the east. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): . "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc," (Chapter VII, Goal I, Objective C, Action item 4) If the applicant complies with the conditions in this report, the development will meet the standards for landscaping, signage, fences and walls outlined in City Code, . "Encourage infill development in vacant/underdeveloped areas within the City over fiinge area development to halt the outward progression of urban development." (Chapter V, Goal I, Objective A) This parcel is underdeveloped and is considered infill development, . "Support a variety of residential categories (low-, medium-, and high- density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc,) for the purpose of providing the City with a range of affordable housing opportunities," (Chapter VII, Goal IV, Objective C, Action item 10) City Council is supportive of the variety of housing types and density proposed for this area. The proposed housing types (single-family attached and detached), adds to the variety of housing opportunities that currently exist in this area. . "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas," (Chapter V, Goal I, Objective A, Action item 11) The applicant is proposing to leave the Eight Mile open abutting this site. The Eight Mile should be protected during construction of the proposed development, . "Require useable open space to be incorporated into new residential subdivision plats." (Chapter VII, Goal IV, Objective C, Action item 3) The applicant is proposing to set aside approximately 6 percent of the site as useable open space, In addition. in the applicant's letter (from Shawn Nickel) other Comprehensive Plan policies are listed supporting the annexation and proposed residential use of the property, City Council finds the overall design of the subdivision is in general conformance with the City of Meridian Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit, proposing single-family lots on the subject site (Lyndhurst Grove Subdivision, PP-05-013 & CUP-O5- 015), City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP and PP applications are approved. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; E. City Council finds that the proposed single-family uses are allowed within the requested R-8 zone, D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned, For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that other properties in the area have been developed in a manner similar to the proposed subdivision, with single-family dwelling units, Haven Cove Subdivision, Kelsee Park Subdivision, and Berkeley Square Subdivision, to name a few in the area, have developed (or are developing) similar to the proposed project, Pine Avenue has not been widened recently abutting this site, Pine Avenue in this area is not currently scheduled within ACHD's Five Year Work Program or Capital InIprovements Plan (CIP) for roadway widening, Ten Mile Road, from Cherry Lane to Franklin Road, is currently within ACHD's Five Year Work Program for construction in 2007, This project includes signalization of the Ten Mile RoadlPine Avenue intersection, Other urban services, such as sewer and water, are near to this site and the applicant should be able to extend such services to the site, City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area, Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant is proposing two types of single-family dwellings for this site, Twelve of the thirty-six proposed dwellings are attached single-family (townhouse) and twenty-four are detached single-family, City Council finds that this mix of housing types fits into the existing and anticipated housing stock of this area, which includes both single-family and multi-family dwellings, City Council fmds that the requested zoning, proposed residential dwelling types and the proposed density is consistent with a medium density urban project. Further, based on the Comprehensive Plan, City Council believes that some of the existing large county parcels in the area (south) will redevelop with similar densities in the near future, City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area, The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general H. vicinity, However, City Council does not find that the proposed zoning/uses will adversely change the essential character of area, F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The applicant has submitted sample ITont elevations for the proposed attached and detached dwelling units. City Council believes that the design of the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations, City Council does not anticipate that the proposed residential uses will be disturbing or hazardous to existing or future uses as long as the conditions outlined in this report are complied with and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; City Council finds that the applicant's engineer has proposed to provide domestic water service to the site via existing mains adjacent to the project site, however permanent sanitary sewer service by gravity means is not available at this time, Applicant proposes to temporarily sewer this project to the private existing lift station at The Courtyards at Ten-Mile, The applicant and/or future property owners will be required to pay park and highway impact fees. On April 13, 2005, ACHD approved this development with site-specific and standard conditions, The applicant should comply with all requirements of the ACHD. Please review the ACHD report for additional information regarding this finding, On March 25, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property, Based on the joint agency/department meeting and other comments received ITom agencies/departments, City Council finds that other than sewer, the public services listed above can be made available to accommodate the proposed development, Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; I. J. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, City Council finds there will not be excessive additional requirements at public cost and that the proposed annexation and zoning will not be detrimental to the community's economic welfare, Will the proposed uses not involve uses, activities, 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; According to ACHD the proposed project is anticipated to generate 350 additional vehicle trips per day. City Council recognizes that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public, City Council does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors, City Council finds that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area, Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from Pine Avenue (Lyndhurst Avenue) and extend a stub street from the west (Brougham Drive). The applicant is not proposing to extend Clara Drive from the north, in Haven Cove Subdivision, Instead of constructing a vehicular crossing of the Eight Mile Lateral, the applicant is proposing to utilize the existing pedestrian crossing, City Council is supportive of this proposal, as a vehicular crossing to the north is being provided with the Sommersby development just to the west. Please review the ACHD report for this project for additional information regarding this finding. If the proposed vehicular approaches (streets) are approved and accepted by ACHD, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets, K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The applicant is proposing to leave the Eight Mile Lateral open adjacent to the site, City Council finds that the Eight Mile Lateral is a significant natural feature that should be protected through standard stormwater and run-off management practices, City Council also finds that there are some existing trees and other mature landscaping on this site, Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13), The applicant should work with the City Arborist, Elroy Huff, on designing and implementing a protection plan, If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees, City Council finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the existing trees are protected/mitigated and the Eight Mile Lateral is protected in manner that does not negatively impact its beauty, L. Is the proposed zoning amendment in the best interest of the City of Meridian, (Ord, 592, 11-17-1992)? The legal description submitted with the application, prepared by LandSolutions, Inc" shows that the property is contiguous to the existing corporate boundary of the City of Meridian, The land directiynorth, east and west of the subject property was previously annexed into the City and this is a logical expansion of the City boundary, The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan, In accordance with the findings listed above, Citv Council finds that the annexation/zoning of this propertv would be in the best interest of the City, EXHIBIT H Lyndhurst Grove Subdivision PP-05-013 Preliminary Plat Findings Meridian City Code (MCC) 12-3-3 J,2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning item "A", 8, The availability of public services to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. Please see Annexation and Zoning items "G" and "H" for more details. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. D, The public fmancial capability of supporting services for the proposed development; Please see Annexation and Zoning item "H" and the Agency Comments and Conditions at the end of this report for details, E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. EXHIBIT I Lyndhurst Grove Subdivision CUP-05-015 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenns of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. B, 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; As part of the Planned Development (PD) the applicant is requesting reliefftom the standard street rnmtage and lot size requirements of the R-8 zone, as required by Meridian City Code, City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features, Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council finds that the proposed single-family residential subdivision is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" (provided the Commission and Council grant the requested planned development), Please see Annexation & Zoning item "A", 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; Please see Annexation & Zoning item "E", 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. City Council finds that if the applicant complies with all conditions imposed, the proposed development will not adversely affect other properties in the vicinity, That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation & Zoning items "G" and "H", the Other Agency/Department Comments and Conditions, and any comments that may be submitted to the City Clerk regarding this project, F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation & Zoning item "H", 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning item "I", H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation & Zoning item "J", 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. Please see Annexation & Zoning item "K", CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 6.26 Acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Thirty- Six (36) Buildable Lots and Five (5) Common/Other Lots AND Conditional Use Permit Approval for a Planned Development Consisting of Attached and Detached Single-Family Homes with a Request for Reduced Lot Sizes and Reduced Lot Frontages for Lyndhurst Grove Subdivision, by Highland Development, LLC. Case No(s): AZ-05-0ll, PP-05-013, CUP-05-0l5 For the City Council Hearing Date of: May 24, 2005 A. Findings of Fact 1. Hearing Facts a, A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the extemal boundaries of the property, The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing, All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the May 24, 2005, public hearing(s). The applicant, affected property owners, and govemment subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence, b, Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony), The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c, d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter, 2, Process Facts a, 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, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-01I I PP-05-013 I CUP-O5-015- PAGE 1 of5 3, Application and Property Facts a, In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Highland Development, LLC. 4, Required Findings per Zoning and Subdivision Ordinance a, See Exhibits G, H, and I for the findings required for these applications, B. Conclusions of Law 1, The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC, §67- 6503). 2, 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, 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, 3, The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9, 4, Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction, 5, It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed, 6, That the City has granted an order of approval 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, 7, That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated February 11, 2005 as shown in Exhibit B, the Site Plan dated February 11, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F, The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application, C, Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-01l/ PP-05-013 I CUP-05-015- PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated February 11, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated February 11, 2005 is hereby conditionally approved; and, 3, The Site Specific and Standard Conditions are as shown in Exhibits E and F. D, Notice of Applicable Time Limits 1, 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 year intervals, the conditional approval ofthe future phases shall be null and void, (MCC 11-17-4,B.) 2, Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities, (MCC l2-2-4.B & C,) Notice of Final Action and Right to Regulatory Takings Analysis E, 1, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S),AZ-O5-0111 PP-O5-0l31 CUP-05-015-PAGE30f5 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, 2, Please take notice that this is a fmal 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, F, Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Exhibit F: Preliminary Plat Site Specific and Standard Conditions CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the ,2005, day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED- COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-OS-OI 1/ PP-OS.OI3 / CUP-OS-OIS. PAGE 4 of 5 Mayor Tammy de Weerd Attest: William G. Berg, Jr" City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0tt / PP-O5-013 I CUP-05-015- PAGE 5 of 5