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Marlin Sub CUP 02-010BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/04/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR THE MARLIN SUBDIVISION IN AN R-4 ZONE LOCATED NORTH OF 1-84, EAST OF S. LINDER ROAD, MERIDIAN, IDAHO WINSTON MOORE, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 4, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles the Planning and Zoning Administrator, Jonathan Seel, and Tara Gorton, 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. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for June 4, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 4, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code {}67-6509, 6512, and Meridian City Code {}{} 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT Ada County zone and by reason of the proviSions of the Meridian City Code {} 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located north of 1-84, east of S. Linder Road, Meridian, Idaho. 5. The owner of record of the subject property is Kimball Properties Limited Partnership and Winston Moore of Boise, Idaho. 6. Applicant is Winston Moore of Boise, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 7. The subject property is currently zoned RUT Ada County. There is however an application for annexation and zoning to R-4 before the City Council. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for planned development of a 152 building lot and 6 other lot residential subdivision for proposed Marlin Subdivision. The R-4 zoning designation 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). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. Per Ordinance 12-6-2.A.4, all houses within Marlin Subdivision shall have at least one hundred (100) square feet of useable private open space, such as a patio or deck. The Applicant shall confirm which net open space calculation listed on the Preliminary Plat is correct. The "Open Space Calculations" block shows 181,835 sq. ft. (10.44%) and the "Preliminary Plat Features" block shows 191,819 sq. ft. (11.01%). The Applicant shall correct this discrepancy on the plat. In either instance, the minimum 10% open space required to count as one of the project's two amenities has been met. Per Ordinance 12-6-2.A.3, at least two (2) amenities shall be provided as part of every planned development. The 10+ percent open space noted in Item #3 above counts as one of the required amenities, which has a central location and the size of this open space is good. However, a second project amenity shall be provided. Applicant shall submit in writing a description of their proposed second amenity and on which open space lot it shall be sited. The proposed amenity shall meet the intent of Ordinance 12-6-2.A. 3 and it shall be adequate to meet the needs of the anticipated 453 residents of this subdivision (152 d.u. x avg. household size of 2.98 persons for owner-occupied units in Meridian). Place stationary playground equipment in the development's parks in lieu of some of the barbecue/picnic areas called for in Applicant's plans. Additionally, the Applicant has plans for one park to be for older kids and one park for younger kids, and to include a playground. o Per Ordinance 12-6-8, initiation of work on Marlin Subdivision shall take place within eighteen (18) months of approval, as set forth in Section 11-17-4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. Adopt the Recommendations of the ACHD as follows: Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to 1-84 of right- of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 prior to issuance of a building permit (or other reqUired permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the fight-of-way, provide an easement for the sidewalk. The District shall require a license agreement for the landscape strip with the detached sidewalk. An agreement shall be approved prior to scheduling the final plat for signature. Construct the main entrance to the subdivision, West Verbena Drive, located 600- feet south of the north property line and intersecting with Linder Road, as proposed. This location meets District policy and is approved with this application. Construct West Verbena Road (extending from Linder Road approximately 250-feet east) as a 42-foot street section within 60-feet of right-of-way with curb, gutter and 4-foot detached sidewalk, as proposed. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of fight-of-way. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot wide concrete sideWalk within 50-feet of fight-of-way with parking restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. Extend West Verbena Drive, an existing stub street; into the site at the west property line, that is a part of The Landing Subdivision, as proposed. Construct an ACHD approved turnaround at the end of West Black Marlin Court. Submit a design of the turnaround for review and approval by District staff. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 9. Construct six knuckles, as proposed. · Northwest comer of West Brown Trout Street and North Grayling Avenue. · Southwest comer of North Grayling Avenue and North Barracuda Avenue. Southeast comer of North Roosterfish Avenue and North Barracuda Avenue. · Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 · Southeast corner of North Bass Drive and West Silver Salmon Drive. · Northeast corner of West Brown Trout Street and North Black Marlin Drive. If the applicant proposes to construct traffic islands within the knuckles, the applicant shall be required to construct a traffic island in the knuckle; the traffic island shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387'6280 (with file numbers) for details. 12. 13. 14. 15. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the public road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all of ACHD's Standard Requirements listed in their report dated May 2, 2002. Adopt 1. the Meridian Fire Department Recommendations as follows: One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 o 10. 11. Adopt 1. 2. Adopt 1. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. The roadways shall be built to Ada County Highway Standards. The phasing plan shall require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a mm around. The Meridian Fire Department shall support the strict application of the Uniform Building Code for sideyard setbacks with no variances. This shall limit the potential fire spread from building to building in those blocks. Provide a fire hydrant on the extreme South end of South Linder Rd. adjacent to the common fence with 1-84. The project engineer contact the fire marshal to work out the details of this installation. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided for the Portions of the project which are not one or two family dwellings. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A the Recommendation of the Nampa & Meridian Irrigation District. Applicant shall apply for a land use change/site application. The District's Kennedy Lateral courses along the east boundary of this project. All encroachments shall have approved plans and a signed License Agreement before construction can begin. the Recommendations of the Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. RUn-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Adopt the Notation of the Water Department as follows: 1. The 12" water main in Linder Road should be extended to the south end of the development. Additionally, comply with the action of the City Council taken at their June 4, 2002 meeting as follows: 1. The Applicant shall submit a revised Landscape Plan showing the cross-section of the 1-84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the fence and the freeway. This would be fencing for the adjacent landowners and/or homeowners, and which is actually the area between the southern lots and 1-84. The Appliant shall also design the landscape buffer along 1-84 to accommodate runoff from the berm so that water will not collect in the rear yards of residences within Block 7. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. 14. It is found that the current Comprehensive Plan Land Use Map designates the property as Mixed/Planned Use Development. The proposed residential uses and house types are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. 15. It is found that assuming standard construction, dust mitigation and other operation practices are followed and enforced, the proposed Marlin Subdivision is consistent with the intended charcater of this area. Staff typically does not consider single-family residential adjacent to single-family residential to be incompatible uses, regardless of adjacent lots sizes. 16. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 17. It is found that the proposed development can be adequately served by the essential public facilities and services listed above. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. Standard construction containment practices must be observed. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Additionally, the applicant shall comply with all of ACHD's May 2, 2002 report. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. PriOr to granting a conditional use permit in the Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - xo owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: B. Co D. E. Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the develOpment is maintained properly; Designate the exact location and nature of the develOpment; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - ll F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for planned development of a 152 building lot and 6 other lot residential subdivision for proposed Marlin Subdivision in an R-4 zone located north of 1-84, east of S. Linder Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Per Ordinance 12-6-2.A.4, all houses within Marlin Subdivision shall have at least one hundred (100) square feet of useable private open space, such as a patio or deck. 3. The Applicant shall confirm which net open space calculation listed on the Preliminary Plat is correct. The "Open Space Calculations" block shows 181,835 sq. ft. (10.44%) and the "Preliminary Plat Features" block shows 191,819 sq. ft. (11.01%). The Applicant shall correct this discrepancy on the plat. In either instance, the minimum 10% open space required to count as one of the project's two amenities has been met. 4. Per Ordinance 12-6-2.A.3, at least two (2) amenities shall be provided as part of every planned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 development. The 10+ percent open space noted in Item #3 above counts as one of the required amenities, which has a central location and the size of this open space is good. However, a second project amenity shall be provided. Applicant shall submit in writing a description of their proposed second amenity and on which open space lot it shall be sited. The proposed amenity shall meet the intent of Ordinance 12-6-2.A.3 and it shall be adequate to meet the needs of the anticipated 453 residents of this subdivision (152 d.u. x avg. household size of 2.98 persons for owner-occupied units in Meridian). Place stationary playground equipment in the development's parks in lieu of some of the barbecue/picnic areas called for in Applicant's plans. Additionally, the Applicant has plans for one park to be for older kids and one park for younger kids, and to include a playground. 5. Per Ordinance 12-6-8, initiation of work on Marlin Subdivision shall take place within eighteen (18) months of approval, as set forth in Section 11-17-4. 6. All development shall comply With the Americans with Disabilities Act and the Fair Housing Act. 7. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. Adopt the Recommendations of the ACHD as follows: Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to 1-84 of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District shall require a license agreement for the landscape strip with the detaChed sidewalk. An agreement shall be approved prior to scheduling the final plat for signature. o Construct the main entrance to the subdivision, West Verbena Drive, located 600-feet south of the north property line and intersecting with Linder Road, as proposed. This location meets District policy and is approved with this application. Construct West Verbena Road (extending from Linder Road approximately 250-feet east) as a 42-foot street section within 60-feet of right-of-way with curb, gutter and 4-foot detached sidewalk, as proposed. o Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 concrete sidewalks within 50-feet of right-of-way. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way with parking restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. o Extend West Verbena Drive, an existing stub street; into the site at the west property line, that is a part of The Landing Subdivision, as proposed. Construct an ACHD approved turnaround at the end of West Black Marlin Court. Submit a design of the turnaround for review and approval by District staff. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 9. Construct six knuckles, as proposed. Northwest comer of West Brown Trout Street and North Grayling Avenue. · Southwest comer of North Grayling Avenue and North Barracuda Avenue. · Southeast comer of North Roosterfish Avenue and North Barracuda Avenue. · Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue. · Southeast comer of North Bass Drive and West Silver Salmon Drive. · Northeast comer of West Brown Trout Street and North Black Marlin Drive. If the applicant proposes to construct traffic islands within the knuckles, the applicant shall be required to construct a traffic island in the knuckle; the traffic island shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 12. Any existing irrigation facilities shall be relocated outside of the right-of-way. 13. All utility relocation costs associated with improving street frontages abutting the site FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 14. 15. Adopt 1. 10. 11. shall be borne by the developer. Other than the public road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all of ACHD's Standard Requirements listed in their report dated May 2, 2002. the Meridian Fire Department Recommendations as follows: One and two family dwellings will require a tire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 Acceptance of the water supply for fire protection shall be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. All radii shall be 28' inside and 48' outside radius for all intemal roads and entrances. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. The roadways shall be built to Ada County Highway Standards. The phasing plan shall require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a mm around. The Meridian Fire Department shall support the strict application of the Uniform Building Code for sideyard setbacks with no variances. This shall limit the potential fire spread fi.om building to building in those blocks. Provide a fire hydrant on the extreme South end of South Linder Rd. adjacent to the common fence with 1-84. The project engineer contact the fire marshal to work out the details of this installation. That a tire-flow consistent with Appendix III-A of the Uniform Fire Code be provided for the portions of the project which are not one or two family dwellings. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. The District's Kennedy Lateral courses along the east boundary of this project. All encroachments shall have approved plans and a signed License Agreement before construction can begin. Adopt the Recommendations of the Central District Health Department as follows: 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. 2. Run-off is not to create a mosquito breeding problem. o Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Notation of the Water Department as follows: The 12" water main in Linder Road should be extended to the south end of the development. Additionally, comply with the action of the City Council taken at their June 4, 2002 meeting as follows: The Applicant shall submit a revised Landscape Plan showing the cross-section of the 1- 84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the fence and the freeway. This would be fencing for the adjacent landowners and/or homeowners, and which is actually the area between the southern lots and 1-84. The Appliant shall also design the landscape buffer along 1-84 to accommodate runoff from the berm so that water will not collect in the rear yards of residences within Block 7. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regUlar meeting held on the day of ~Y/'~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 6 --/rff'"'-O ~. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: Z:\Work\M~Meridian\Meridian 15360MWIarlin Sub AZ-02-007 PP-02-008 CUP-02-0 i 0\FfCIsCUP02-010.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/04/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR THE MARLIN SUBDIVISION IN AN R-4 ZONE LOCATED NORTH OF 1-84, EAST OF S. LINDER ROAD, MERIDIAN, IDAHO WINSTON MOORE, APPLICANT Case No. CUP-02-010 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the CRy Council on the June 4, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for planned development of a 152 building lot and 6 other lot residential subdivision for proposed Marlin Subdivision in an R-4 zone located north ofi-84, east ofS. Linder Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: o Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Per Ordinance 12-6-2.A.4, all houses within Marlin Subdivision shall have at least one ORDER CONDITIONAL USE PERMIT (CUP-oa-olo) -! o ° Adopt 1. ° hundred (100) square feet of useable private open space, such as a patio or deck. The Applicant shall confirm which net open space calculation listed on the Preliminary Plat is correct. The "Open Space Calculations" block shows 181,835 sq. ft. (10.44%) and the "Preliminary Plat Features" block shows 191,819 sq. ft. (11.01%). The Applicant shall correct this discrepancy on the plat. In either instance, the minimum 10% open space required to count as one of the project's two amenities has been met. Per Ordinance 12-6-2.A.3, at least two (2) amenities shall be provided as part of every planned development. The 10+ percent open space noted in Item #3 above counts as one of the required amenities, which has a central location and the size of this open space is good. However, a second project amenity shall be provided. Applicant shall submit in writing a description of their proposed second amenity and on which open space lot it shall be sited. The proposed amenity shall meet the intent of Ordinance 12-6-2.A.3 and it shall be adequate to meet the needs of the anticipated 453 residents of this subdivision (152 d.u. x avg. household size of 2.98 persons for owner-occupied units in Meridian). Place stationary playground equipment in the development's parks in lieu of some of the barbecue/picnic areas called for in Applicant's plans. Additionally, the Applicant has plans for one park to be for older kids and one park for younger kids, and to include a playground. Per Ordinance 12-6-8, initiation of work on Marlin Subdivision shall take place within eighteen (18) months of approval, as set forth in Section 11-17-4. All development shall comply with the Americans with Disabilities ACt and the Fair Housing Act. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. the Recommendations of the ACHD as follows: Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to 1-84 of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District shall require a license agreement for the landscape strip with the detached sidewalk. An agreement shall be approved prior to scheduling the final plat for ORDER CONDITIONAL USE PERMIT (CUP-oo-oxo) -2 signature. Construct the main entrance to the subdivision, West Verbena Drive, located 600- feet south of the north property line and intersecting with Linder Road, as proposed. This location meets District policy and is approved with this application. Construct West Verbena Road (extending from Linder Road approximately 250-feet east) as a 42-foot street section within 60-feet of right-of-way with curb, gutter.and 4-foot detached sidewalk, as proposed. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way with parking restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. 7. Extend West Verbena Drive, an existing stub street; into the site at the west property line, that is a part of The Landing Subdivision, as proposed. Construct an ACHD approved turnaround at the end of West Black Marlin Court. Submit a design of the turnaround for review and approval by District staff. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 9. Construct six knuckles, as proposed. · Northwest comer of West Brown Trout Street and North Grayling Avenue. · Southwest comer of North Grayling Avenue and North Barracuda Avenue. · Southeast comer of North Roosterfish Avenue and North Barracuda Avenue. · Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue. · Southeast comer of North Bass Drive and West Silver Salmon Drive. · Northeast comer of West Brown Trout Street and North Black Marlin Drive. If the applicant proposes to construct traffic islands within the knuckles, the applicant shall ORDER CONDITIONAL USE PERMIT (CUP-oa-oxo) be required to construct a traffic island in the knuckle; the traffic island shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 12. Any existing irrigation facilities shall be relocated outside of the right-of-way. 13. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 14. Other than the public road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 15. Comply with all of ACHD's Standard Requirements listed in their report dated May 2, 2002. the Meridian Fire Department Recommendations as follows: One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. Adopt 1. ORDER CONDITIONAL USE PERMIT (CUP-oa-ozo) -4 o 10. 1¸1. Adopt 1. The roadways shall be built to Ada County Highway Standards. The phasing plan shall require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a mm around. The Meridian Fire Department shall support the strict application of the Uniform Building Code for sideyard setbacks with no variances. This shall limit the potential fire spread from build/ng to building in those blocks. Provide a fire hydrant on the extreme South end of South Linder Rd. adjacent to the common fence with 1-84. The project engineer contact the fire marshal to work out the details of this installation. That a tire-flow consistent with Appendix III-A of the Uniform Fire Code be provided for the portions of the project which are not one or two family dwellings. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A the Recommendation of the Nampa & Meridian Irrigation District. Applicant shall apply for a land use change/site application. The District's Kennedy Lateral courses along the east boundary of this project. All encroachments shall have approved plans and a signed License Agreement before construction can begin. Adopt 1. Adopt the Recommendations of the Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. the Notation of the Water Department as follows: ORDER CONDITIONAL USE PERMIT (CUP-oo-oxo) -5 1. The 12" water main in Linder Road should be extended to the south end of the development. Additionally, comply with the action of the City Council taken at their June 4, 2002 meeting as follows: The Applicant shall submit a revised Landscape Plan showing the cross-section of the 1-84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the fence and the freeway. This would be fencing for the adjacent landowners and/or homeowners, and which is actually the area between the southern lots and 1-84. The Appliant shall also design the landscape buffer along 1-84 to accommodate runoff from the berm so that water will not collect in the rear yards of residences within Block 7. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the /87'~-~ day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. .\~\~tlHIIlllllI· \,~ IlI By Z Dated: ~ city Clem Z:XWorkX~efidianXMefidian 15360~1in Sub AZ-02-007 PP-02-008 CUP-02-010XOrderCUP.doc ~ x '~. ~ / ORDER CONDITIONAL USE PERMIT - 6 (CUP-oa-oxo)