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HomeMy WebLinkAboutTuscany Lakes CUP 02-006BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/18/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR ) TUSCANY LAKES SUBDIVISION ) IN AN R-4 ZONE LOCATED WEST ) OF S. EAGLE ROAD AND SOUTH ) OF E. VICTORY ROAD, ) MERIDIAN, IDAHO GEM PARK II PARTNERSHIP, APPLICANT Case No. CUP-02-006 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 18, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon of the Planning and Zoning Department, Tom Kuntz of the Parks Department, Captain Bill Musser of the MPD, Fire Chief Kenny Bowers, Brad Watson of the Public Works Dept., Kent Brown, Patrick Dobie, Jim Allen, Sarah Groden, Herman Pullman, Doug Webb, Mary Morgner DeChambeau, and Becky Bowcutt, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 18, 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 18, 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 west of S. Eagle Road and south of E. Victory Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 Meridian, Idaho. 5. The owners of record of the subject property are Marty Goldsmith, Walter Simont and Raymond Smith, Jean and Richardson Burnett Family Trust, which persons are known as Farwest LLC. 6. 7. Applicants are Gem Park II Partnership of Meridian, Idaho. 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 development of a planned unit development consisting of 353 buildable lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All site improvements (landscaping, tot lot, ponds and irrigation) for the proposed pathway shall be complete prior to the issuance of the 101 st occupancy permit within The "Tuscany Lakes" portion of the subdivision (proposed phases lA, 2A, 3A, 4A). The applicant shall be required to maintain the ponds in a manner that shall prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 3. The remaining sections of the planned pathway running throughout the development shall be developed in accordance with the phasing schedule for the subdivision. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. B. Adopt the Recommendations of ACItD as follows: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. o Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. 5. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. o Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. o Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 10. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. 11. Construct a right-turn acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. 12. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 13. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south &the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with of a minimum 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet of right-of-way plus the additional width of the median. 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a 1 O-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrians crossing located at the Ten Mile Creek Canal. 17. 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. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. · South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. · South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 · South Pompeii Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. · South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. · West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the north property line. · West Sicily Drive is proposed to stub to the east property line approximately ½ of a mile east of Eagle Road. 19. Install a sign at the terminus of the roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Construct six knuckles, as proposed. · West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. · There is a proposed knuckle at the northwest comer of West Milan Drive and South Turin Avenue. · There is a proposed knuckle at the southwest comer of West Mediterranean Drive and South Turin Drive. · There is a proposed knuckle at the northwest comer of South Turin Avenue and West Sicily Drive. · There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. · There is a proposed knuckle at the southeast comer of West Milan and South Palermo Avenue. 21. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with 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. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the tumarounds. Any 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. 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. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30. Comply with all the Standard Requirements listed in ACHD's report dated May 13, 2002. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. o If the development plans a pressure urban irrigation system that will be owned, operated and maintained by the District, then contact the District concerning the installation of the pressure system. Fill out a questionnaire and return it in order to initiate the process of contractual agreements between the owner or developer and the District for the ownerShip, operation and maintenance of the pressure urban irrigation system. D. Adopt 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 at approved locations. ° The proposed school site will require a fire-flow of 2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. All turning radii shall be a minimum of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. 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 a turnaround. E. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. 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. 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 Single-Family Residential. The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 15. It is found that the design concept is compatible with the intended character of the area. The Generalized Land Use Map indicates that the City has planned for the area to be for single-family dwellings in the subject area. The change from the existing agricultural/rural use of the property will change the existing character of the surrounding area, but not in a manner that will adversely change the area. 16. It is not anticipated that the proposed project will have an adverse impact on the surrounding property.. 17. It is found that the initial phases of the proposed residential portion of this project can be adequately served once the new Well 23, within the Silverstone project, is on line (fall 2002), and the 12-inch diameter main is extended under the Ridenbaugh Canal (fall 2002). New mains will need to be extended from the current point of terrninus in Eagle Road just north of the McDonald Lateral, to the subdivisions southerly boundary line extended in Eagle Road, and in Victory Road from Eagle to the Ridenbaugh Canal, and in Locust Grove from Sherbrook Hollows to the southerly boundary line extended. It is found that there will be problems providing adequate fire flows and pressures to the elementary school site without the addition of water supply. The City of Meridian currently owns land for a new well on the Eagle Road frontage near the Ridenbaugh Canal, however, with the addition of the new well within the Silverstone project, approximately ½ mile north, this site is not the best location for additional supply in the area. The applicant has provided land for a new well along the projects north boundary adjacent to Victory Road and the Ridenbaugh Canal. It is also found that from previous modeling of the sanitary sewer system, that the subdivision can be adequately served. Additionally, the below agencies add their following comments on the project: Fire- According to the Meridian Fire Department letter written in regards to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - lo Tuscany Lakes application(s), the proposed annexation lays outside the five (5) minute response zone goal. The five (5) minute response goal is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. Also refer to the Fire Department comments for additional information. Police- Comprehensive Plan, Public Services Chapter, 6.8 reads as follows: "Police protection within the city limits...should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons." With an estimated current population of 39,000+ and operating budget for only 46 sworn officers, the current ratio is approximately 1.1 officers per 1,000 residents. Also refer to the Meridian Police Department comments concerning this application for additional comments. Joint School District No. 2- The Meridian School District is operating over capacity and the addition of the children from the proposed Tuscany Lakes Subdivision will have a significant impact on school enrollment. Also refer to the Joint School District No. 2 letter dated 3-18-02 for more detailed information. ACHD- ACHD submitted their report dated May 13, 2002 on the application, refer to the report for more details to their requirements. 18. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create excessive additional requirements for any new facilities or services to be paid for by the public. 19. It is found that other than a possible increase in traffic congestion, that no excessive noise, smoke, fumes, glare or odors will result from the proposed use. 20. It is found that the proposed uses may create significant interference with any traffic on the surrounding public streets unless improvements are made as recommended by the TIS and ACHD. Additionally, ACHD has addressed issues within their May 13, 2002 report. 21. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. The Ridenbaugh Canal, Ten Mile Creek and Eight Mile Lateral are to remain open and will be improved with a pathway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - zl 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained properly; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER.MIT - 14 does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of a planned unit development consisting of 353 buildable lots and 31 common lots on 138.88 acres for the proposed Tuscany Lakes Subdivision in an R-4 zone located west of S. Eagle Road and south of E. Victory Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. 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. All site improvements (landscaping, tot lot, ponds and irrigation) for the proposed pathway shall be complete prior to the issuance of the 101st occupancy permit within The "Tuscany Lakes" portion of the subdivision (proposed phases lA, 2A, 3A, 4A). The applicant shall be required to maintain the ponds in a manner that shall prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). 3. The remaining sections of the planned pathway running throughout the development shall be developed in accordance with the phasing schedule for the subdivision. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. B. Adopt the Recommendations of ACHD as follows: Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 o o o 10. 11. 12. 13. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Eagle Road. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the mm lane with District staff. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the mm lane with District staff. Construct a center mm lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a right-turn acceleration lane and a right mm deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-mm acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-turn acceleration lane and a right mm deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with of a minimum 21-foot street section on either side of a center median and shall be constructed a minimum of 4,feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 14. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet of right-of-way plus the additional width of the median. 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a 10-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrian crossing located at the Ten Mile Creek Canal. 17. 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. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. · South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. · South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. · South Pompeii Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. · South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. · West San Marino Drive is proposed to sub to the east property line approximately 530-feet south of the north property line. · West Sicily Drive is proposed to stub to the east property line approximately ½ of a mile east of Eagle Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 19. Install a sign at the terminus of the roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 20. Construct six knuckles, as proposed. · West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. · There is a proposed knuckle at the northwest comer of West Milan Drive and South Turin Avenue. · There is a proposed knuckle at the southwest comer of West Mediterranean Drive and South Turin Drive. · There is a proposed knuckle at the northwest comer of South Turin Avenue and West Sicily Drive. · There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. · There is a proposed knuckle at the southeast comer of West Milan and South Palermo Avenue. 21. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with 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. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the tumarounds. Any 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. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. 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. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 27. 28. 29. 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 three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30. Comply with all the Standard Requirements listed in ACHD's report dated May 13, 2002. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. o If the development plans a pressure urban irrigation system that will be owned, operated and maintained by the District, then contact the District concerning the installation of the pressure system. Fill out a questionnaire and return it in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. D. Adopt 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 at approved locations. The proposed school site will require a fire-flow of 2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street, signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 6. All turning radii shall be a minimum of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 8. The roadways shall be built to Ada County Highway standards. 9. 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 a turnaround. E. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. 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. 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 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2o 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 j~c~C , 2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED VOTED day of COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~"'- ~--~ ~ MOTION: ~--~ APPROVED:~2. a DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. B t Dated: City Clerk ZSWork~Mefidian~Meridian 15360M~tuscany Lakes AZ02-005 PP02-006 CUP02-006~lsCUP02-006.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/18/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR TUSCANY LAKES SUBDIVISION IN AN R-4 ZONE LOCATED WEST OF S. EAGLE ROAD AND SOUTH OF E. VICTORY ROAD, MERIDIAN, IDAHO GEM PARK II PARTNERSHIP, APPLICANT Case No. CUP-02-006 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the June 18, 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 development of a planned unit development consisting of 353 buildable lots and 31 common lots on 138.88 acres for the proposed Tuscany Lakes Subdivision in an R-4 zone located west of S. Eagle Road and south of E. Victory Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as ORDER CONDITIONAL USE PERMIT - 1 (CUP-oa-oo6) o follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. All site improvements (landscaping, tot lot, ponds and irrigation) for the proposed pathway shall be complete prior to the issuance of the 101st occupancy permit within The "Tuscany Lakes" portion of the subdivision (proposed phases lA, 2A, 3A, 4A). The applicant shall be required to maintain the ponds in a manner that shall prevent the water from becoming stagnant or public nuisance (a mosquito breeding ground). The remaining sections of the planned pathway rtmning throughout the development shall be developed in accordance with the phasing schedule for the subdivision. 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 this subdivision. B. Adopt the Recommendations of ACHD as follows: Dedicate 45-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. o Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 4. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Locust Grove Road. 5. Construct a 5-foot wide concrete sidewalk on Victory Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way of Victory Road. 6. Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the site. The sidewalk shall be located 2-feet Within the new right-of-way of Eagle Road. ORDER CONDITIONAL USE PERMIT (CUP-oo-oo6) -2 o 10. 11. 12. 13. 14. Construct a center turn lane on Locust Grove Road for the Dartmoor Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the mm lane with District staff. Construct a center turn lane on Victory Road for the Tuscany Way intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the mm lane with District staff. Construct a center turn lane on Eagle Road for the Rome Drive intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Locust Grove Road for the Dartmoor Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-mm acceleration lane on Victory Road for the Tuscany Way intersection. Coordinate the design of the deceleration lane with District staff. Construct a right-turn acceleration lane and a right turn deceleration lane on Eagle Road for the Rome Drive intersection. Coordinate the design of the deceleration lane with District staff. Construct a main entrance, Dartmoor Drive, intersecting Locust Grove Road approximately 650-feet south of the north property line, as proposed. This roadway location meets District policy and is approved with this application. Dartmoor Drive shall be designed with of a minimum 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. Construct a main entrance, Tuscany Way, intersecting Victory Road at the east property line, as proposed. This roadway location meets District policy and is approved with this application. Tuscany Way shall be designed with a minimum of a 21-foot street section on either side of a center median and shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant Will be required to dedicate 54- feet of right-of-way plus the additional width of the median. ORDER CONDITIONAL USE PERMIT (CUP-o:~-oo6) -3 15. Construct a main entrance, Rome Drive, intersecting Eagle Road at the north property line, as proposed. This roadway location meets District policy and is approved with this application. Rome Drive shall be designed with a minimum of a 21-foot street section on either side of a center median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 16. Construct Rome Drive and Dartmoor Drive as a 33-foot street section within 50-feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb, gutter and 5-foot concrete sidewalk. Parking shall be restricted on both sides of these roadways, as proposed. Construct Dartmoor Drive as a 33-foot street section within 50- feet of right-of-way with two 11-foot travel lanes and two 4-foot bike lanes with vertical curb and gutter on both sides of the roadway and a 1 O-foot asphalt pathway on the north side of the roadway (contingent upon the fact that the applicant will construct and maintain the pathway as a part of the homeowners association as well as the fact that the applicant construct a minimum 5-foot pathway (concrete or asphalt) on the south side of Dartmoor Drive abutting Lot 10 Block 5 that would connect pedestrians from South Cosmo Avenue to the pedestrian crossing located at the Ten Mile Creek Canal. 17. 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. If the sidewalk is outside of the right- of-way, the applicant shall provide an easement. 18. Construct six stub streets, as proposed. · South Cosmo Avenue is proposed to stub to the south property line approximately 570-feet east of South Locust Grove Road. · South Lucca Avenue is proposed to stub to the north property line approximately 2,400-feet east of South Locust Grove Road. · South Pompeii Avenue is proposed to stub to the south property line approximately 2,500-feet west of Eagle Road. · South Tiber Avenue is proposed to stub to the south property line approximately 1,450-feet west of Eagle Road. · West San Marino Drive is proposed to sub to the east prOperty line approximately 530-feet south of the north property line. · West Sicily Drive is proposed to stub to the east property line approximately ½ of a mile east of Eagle Road. 19. Install a sign at the terminus of the roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. ORDER CONDITIONAL USE PERMIT (CUP-o2-oo6) -4 20. Construct six knuckles, as proposed. West Sicily Drive is proposed to have a knuckle on the north side of the roadway between South Arno Way and South Pisa Way. · There is a proposed knuckle at the northwest comer of West Milan Drive and South Turin Avenue. · There is a proposed knuckle at the southwest comer of West Mediterranean Drive and South Turin Drive. · There is a proposed knuckle at the northwest comer of South Turin Avenue and West Sicily Drive. · There is a proposed knuckle at the southwest comer of West Rome Drive and South Turin Avenue. · There is a proposed knuckle at the southeast comer of West Milan and South Palermo Avenue. 21. If the knuckles propose a traffic island in the knuckle, the applicant shall be required to construct the traffic island in the knuckle with 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. 22. Construct an ACHD approved turnaround at the end of West Genova Court, West Calabria Court, West Calabria Drive, West Mediterranean Court and South Crete Way. Submit a design of the turnaround for review and approval by District staff. 23. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet and provide a minimum of a 29-foot street section on either side of any center islands within the tumarounds. Any 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. 24. Construct a non-circular turnaround at the west end of West Falcon Drive, as proposed. Submit a design of the turnaround for review and approval by District staff. 25. 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. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. Any existing irrigation facilities shall be relocated outside of the right-of-way. ORDER CONDITIONAL USE PERMIT (CUP-o:~-oo6) -5 28. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 29. Other than the three public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road or Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 30. Comply with all the Standard Requirements listed in ACHD's report dated May 13, 2002. C. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. Applicant shall apply for a Land Use Change Application to file with the Irrigation District. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code {}31-3805. o If the development plans a pressure urban irrigation system that will be owned, operated and maintained by the District, then contact the District concerning the installation of the pressure system. Fill out a questionnaire and return it in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. D. Adopt 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 at approved locations. The proposed school site will require a fire-flow of 2,500 gallons per minute available for duration of 2 hours at a residual pressure of 20 psi. Fire hydrants shall be placed an average of 400' apart. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5. Final approval for fire hydrant location shall be by the Meridian Fire Department. 6. All turning radii shall be a minimum of 28' inside and 48' outside. ORDER CONDITIONAL USE PERMIT (CUP-oa-oo6) -6 o Insure that all yet undeveloped parcels are maintained free of combustible vegetation. The roadways shall be built to Ada County Highway standards. 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 a turnaround. E. 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. 3. 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. 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 ~-P{,-t2 day of ~0[~ ,2002. rt D. Corrie, Mayor City of Meridihn ORDER CONDITIONAL USE PER3'IIT - ? (CUP-oa-oo6) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ,,,,.xx~_, OF McR/^' ._ o////.% Z:\Work\M\Meridian\Meridian 15360M\Tuscany Lakes AZ02-005 PP02-006 CUP02-006\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-oo-oo6) -8