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HomeMy WebLinkAboutSheridan Place Subdivision CUP-03-060 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 051)4/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A SINGLE ) FAMILY RESIDENTIAL PLANNED ) DEVELOPMENT FOR 50 ) BUILDING LOTS AND 15 OTHER ) LOTS ON 15.34 ACRES FOR ) SHERIDAN PLACE SUBDIVISION ) IN AN R-8 ZONE, LOCATED ON ) THE NORTH SIDE OF Me MILLAN ) ROAD, APPROXIMATELY 1/8 ) MILE EAST OF LOCUST GROVE ) ROAD, MERIDIAN, IDAHO ) ) DOUG CAMPBELL, ) APPLICANT ) ) Case No. CUP-03-060 FINDINGS OF FACT AND CONCLUSIONS OF LA'V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 4,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, and Norma J. Enlow, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 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 May 4, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 May 4, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9:67-6509, 6512, and Meridian City Code SS 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 zone and by reason ofthe provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side of McMillan Road, approximately 1/8 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 22 mile east of Locust Grove Road, Meridian, Idaho. 5. The owners of record of the subject property are James and Diane Fuhrman and they have submitted notarized consent for the subject application. 6. Applicant is Doug Campbell. 7. The subject property is currently zoned RUT by Ada County and consists of agricultural land and a rural residence. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8 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 a Planned Development for 50 building lots and 15 other lots on 15.34 acres in an R-8 zone for Sheridan Place Subdivision. The R-8 zoning designation is 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 proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. There are significant existing trees that affect the consideration of this application. 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. 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 modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition ofthe Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: IS Minimum lot frontage: 60 feet. IS Minimum house size on Lots 10-12 & 14-19, Block 4 and Lots 2-8, Block 5 shall be 1,200; all other lots shall be 1,500 s.f. minimum. o The applicant is granted penuission to exceed the 1 ,OOO-foot maximum block length as depicted on the approved plat; the longest block proposed is approximately 1,150 feet. o Setbacks for the entry of a garage will be measured from the back of sidewalk. 3. The following amenities are required for the project: Playground equipment and Gazebo with Barbeque. Amenities shall be installed as depicted on the landscape plan and as described during the public hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 5. Provide a 20' wide Fire Lane for all roadways. 6. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line ofthe street. (Only 50 homes are proposed for this project.) 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. The northern most island in North Shubert shall be reduced slightly so that the north edge is no closer than ten-feet (10') to the extended curb line of East Roaring Creek Drive. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail Standards: Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. (No pathway or trails are proposed in this project.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. POLICE DEPARTMENT CONDITIONS 1. The pedestrian access to the proposed tot lotfbarbeque area is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete or similar crosswalk east of the intersection ofN. Schubert Way and E. Roaring Creek, crossing E. Roaring Creek Drive. 2. Maintain clear vision into the pedestrian path from the adjacent streets. 3. Since there is only 20 feet between the medians in N. Schubert Way and the adjacent curb, no parking will be allowed along Schubert from the entrance on McMillan Road to E. Roaring Creek. Prior to issuance of building permits, the applicant shall provide a parking plan for the adjacent lots showing how additional guest parking will be accommodated for each lot. Sign the street as 'No Parking' with 4 signs on each side of the street. As an option, alternate compliance may be made by narrowing the islands and providing bulb outs, so that the roadway width around the islands is wide enough for emergency traffic. (The applicant has opted for the latter option and widened the driving surface.) B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline (or 38-feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48-feet ofright-of-way from the centerline, construct a sidewalk located a minimum of 41-feet from centerline. OR If the applicant dedicates 38-feet of right-of-way, construct a 5-foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180-feet west of the east property line, as proposed. 4. Extend North Schubert A venue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650-feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTUREIt. 8. Construct all ofthe internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. 9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20-foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 C. Adopt the Recommendations of the Central District Health Department as follows: 1. After written approval from the appropriate entities are submitted, the project can be approved for central sewage and central water. 2. Plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water. 3. Run-off is not to create a mosquito breeding problem. D. Adopt the action of the City Council taken at their May 4,2004 meeting as follows; For clarification: 1. The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. 14. It is found that the subject property's size of 15.34 acres is large enough to accommodate the requested use and all other required features. All residential lots are of adequate size and shape to accommodate homes that would comply with the proposed bulk and dimensional standards. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential". It is found that ifthe modifications required in the Staff Report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 16. It is found that the design concept is compatible with the intended character of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 area. 17. It is not anticipated that the proposed development will have an adverse impact on the sUlTounding property. 18. It is found that the proposed development can be adequately served by all the essential public facilities and services. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development Review to the Parks, Police, Fire Department COlmnents for further information regarding public services. The Public Works Department has determined that an additional water supply is needed in this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south of Chinden Blvd. Drilling of this test will is currently scheduled to be completed by June 1 st, however it should be pointed out that there are no guarantees that this well will prove out, or that water rights protests won't be filed. The Public Works Department is concurrently working on an alternative that would provide fire flow to the area via piping from a lower pressure zone. Staff is confident that this issue can be resolved. However, the City approval ofthe final plat should be withheld until such time that the supply issue is resolved. 19. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services, and the construction of a new municipal well in the vicinity. It is found that there will not be excessive additional requirements at public cost 20. It is found that the proposed development will not create excessive traffic, noise, or other nuisances that would be detrimental to the general welfare of the surrounding area. At ten vehicle trips per single-family residence, the proposed project is anticipated to generate 500 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 vehicle trips per day. The fact is recognized that traffic and noise will increase with the approval of this subdivision; however it is not felt that the amount generated will be detrimental to the public welfare of the city. 21. According to the ACHD report, "The applicant is proposing to construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180-feet west of the east property line. This roadway location meets District policy and should be approved with the application." It is not believed that the subdivision will cause significant interference with traffic on the surrounding public streets. 22. It is found that at least six existing mature trees will be removed to accommodate the proposed entry road. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. If any trees are deemed to be a hazard, diseased or dying by the City Arborist; Elroy Huff, prior to removal, mitigation will not be required for those trees. It is recommended that the applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. 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 (LC. S67-6503). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 Council of the City of Meridian has established by the passage of the "City of Melidian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Melidian 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 ofthe 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: (Melidian City Code S 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 ofthe 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 detlimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\1IT PAGE 12 OF 22 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. P110r to granting a conditional use permit in the Medium Density Residential District (R~8), 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 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 S 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 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 property; 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Platmed Development for 50 building lots and 15 other lots on 15.34 acres in an R-8 zone for Sheridan Place Subdivision located on the north side of McMillan Road, approximately 1/8 mile east of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 development, subject to the following: A. Adopt the Recommendations of the Platming and Zoning and Engineering staff as modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements ofthe annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: @ Minimum lot frontage: 60 feet. o Minimum house size on Lots 10-12 & 14--19, Block 4 and Lots 2-8, Block 5 shall be 1,200; all other lots shall be 1,500 s.f. minimum. o The applicant is granted permission to exceed the 1 ,OOO-foot maximum block length as depicted on the approved plat; the longest block proposed is approximately 1,150 feet. o Setbacks for the entry of a garage will be measured from the back of sidewalk. 3. The following amenities are required for the project: Playground equipment and Gazebo with Barbeque. Amenities shall be installed as depicted on the landscape plan and as described during the public hearing. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 4. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 5. Provide a 20' wide Fire Lane for all roadways. 6. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line of the street. (Only 50 homes are proposed for this project.) 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. The northern most island in North Shubert shall be reduced slightly so that the north edge is no closer than ten-feet (10') to the extended curb line of East Roaring Creek Drive. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail Standards: Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. (No pathway or trails are proposed in this project.) 2. Standard for Mitigation oftrees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. POLICE DEPARTMENT CONDITIONS 1. The pedestrian access to the proposed tot lotlbarbeque area is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete or similar crosswalk east of the intersection of N. Schubert Way and E. Roaring Creek, crossing E. Roaring Creek Drive. 2. Maintain clear vision into the pedestrian path from the adjacent streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 Since there is only 20 feet between the medians in N. Schubert Way and the adjacent curb, no parking will be allowed along Schubert from the entrance on McMillan Road to E. Roaring Creek. Prior to issuance of building permits, the applicant shall provide a parking plan for the adjacent lots showing how additional guest parking will be accommodated for each lot Sign the street as 'No Parking' with 4 signs on each side of the street. As an option, alternate compliance may be made by narrowing the islands and providing bulb outs, so that the roadway width around the islands is wide enough for emergency traffic. (The applicant has opted for the latter option and widened the driving surface.) Adopt the Recommendations of ACHD as follows: '" .J. B. 1. Dedicate 48-feet of right-of-way from the centerline (or 38-feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant Plior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48-feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41-feet from centerline. OR If the applicant dedicates 38-feet of right-of-way, construct a 5-foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180-feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650-feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 8. Construct all of the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. 9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20-foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Central District Health Department as follows: 1. After written approval from the appropriate entities are submitted, the project can be approved for central sewage and central water. 2. Plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water. 3. Run-off is not to create a mosquito breeding problem. D. Adopt the action of the City Council taken at their May 4,2004 meeting as follows: For clarification: 1. The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4, 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. lfthe completion date specified for the project is exceeded, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 22 . 2004, ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED ~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAl\1IVfY de WEERD (TIE BREAKER) DATED: 5-;8-&14-- VOTED --- MOTION: V APPROVED:--,LL- DISAPPROVED: \ \ \1\ 1111111 /J II Ma \\\\' of Mr:-D II/II yor \\\ _I <.;:, il'" /1" ,\ ::'\"'\ '<.Ji,., ...... .:::,... () :t\POA ~11/ ~ ~ cP '4~ -;. f ~ 0 \ = SEAL ~ 'Y if ~ W'Jli G B J C' 1 ::. Q ,qi 0 .::: 1 am . erg, r., Ity e % '1"0 us.,. 16"\ ' ~.[ 'i..... ~.J:;, ~'l;f- \\'"" Copy served upon Applicant, Planning allal4tR)ling1YeR~rtilient, Public Works Department and the City Attorney. /"1;1111\1\\ Attest: By: ~J1~ City Clerk's Office Dated: r'fICL~ n,.JooLf::- Z:\Work\M\Meridian\Meridian 15360M\Slwridan Place Sub AZ-03-G29 PP-03.035 CUP-G3-G60\FfCIsCUP03-G60.doc FINDINGS OF FAct AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/04/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A SINGLE ) FAMILY RESIDENTIAL PLANNED ) DEVELOPMENT FOR 50 ) BUILDING LOTS AND 15 OTHER ) LOTS ON 15.34 ACRES FOR ) SHERIDAN PLACE SUBDIVISION ) IN AN R-8 ZONE, LOCAtED ON ) THE NORTH SIDE OF Me MILLAN ) ROAD, APPROXIMAEL Y 1/8 MILE ) EAST OF LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) DOUG CAMPBELL, ) APPLICANT ) ) Case No. CUP-03-060 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on May 4, 2004, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development for 50 building lots and 15 other lots on 15.34 acres in an R-8 zone for Sheridan Place Subdivision located on the north side of McMillan Road, approximately 1/8 mile east of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGE 1 OF 9 development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: o Minimum lot frontage: 60 feet. o Minimum house size on Lots 10-12 & 14-19, Block 4 and Lots 2-8, Block 5 shall be 1,200; all other lots shall be 1,500 s.f. minimum. . The applicant is granted permission to exceed the 1 ,GOO-foot maximum block length as depicted on the approved plat; the longest block proposed is approximately 1,150 feet. . Setbacks for the entry of a garage will be measured from the back of sidewalk. 3. The following amenities are required for the project: Playground equipment and Gazebo with Barbeque. Amenities shall be installed as depicted on the landscape plan and as described during the public hearing. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 1!z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGE 2 OF9 4. All entrance and intemal roads shall have a tuming radius of28' inside and 48' outside. 5. Provide a 20' wide Fire Lane for all roadways. 6. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line of the street. (Only 50 homes are proposed for this project.) 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. The northern most island in North Shubert shall be reduced slightly so that the north edge is no closer than ten-feet (10') to the extended curb line of East Roaring Creek Drive. PARKS DEPARTMENT CONDITIONS 1. Pathway and Trail Standards: Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. (No pathway or trails are proposed in this project.) 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. POLICE DEPARTMENT CONDITIONS 1. The pedestrian access to the proposed tot lotlbarbeque area is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete or similar crosswalk east of the intersection ofN. Schubert Way and E. Roaring Creek, crossing E. Roaring Creek Drive. 2. Maintain clear vision into the pedestrian path from the adj acent streets. 3. Since there is only 20 feet between the medians in N. Schubert Way and the adjacent curb, no parking will be allowed along Schubert from the entrance on McMillan Road to E. Roaring Creek. Prior to issuance of building permits, the applicant shall provide a parking plan for the adjacent lots showing how additional guest parking will be accommodated for each lot. Sign the street as 'No Parking' with 4 signs on each side of the street. As an option, alternate ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGE 3 OF9 compliance may be made by narrowing the islands and providing bulb outs, so that the roadway width around the islands is wide enough for emergency traffic. (The applicant has opted for the latter option and widened the driving surface.) B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline (or 38-feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48-feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41-feet from centerline. OR lfthe applicant dedicates 38-feet of right-of-way, construct a 5-foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180-feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650-feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, '1THIS ROAD WILL BE EXTENDED IN THE FUTURE'!. 8. Construct all of the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGE 4 OF 9 9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20-foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes ofthis restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGES OF9 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGUNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Central District Health Department as follows: 1. After written approval from the appropriate entities are submitted, the project can be approved for central sewage and central water. 2. Plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water. 3. Run-off is not to create a mosquito breeding problem. D. Adopt the action ofthe City Council taken at their May 4, 2004 meeting as follows: For clarification: 1. The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGE 6 OF 9 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. 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 pennit. 4. Notice to Pennit Holder, this conditional use permit is not transferable without complying with the provisions of Melidian City Code 9 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGE 7 OF9 application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY T AKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 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. ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGES OF9 Tammy de Weer , Attest: ~rr~,ii;;, tJ9-- \\ f M!:n.'11 ",\~-{ 0 "-'T/O, 111,-" ", ,'" '4. ".- ! () c,O?POFiq r. ~ %. :; .;;s';!' <6 S ~ ~ ~ f? g ~ C!lt ,Q) S' ~,.0""'1 "'CJ-r 151 . .p ~ Copy served upon Applicant, the Plan.ntng firm. ZORng~~ment, Public Works Department . 0 ~ ~ and CIty Attorney, IJIIf/HIIIIII\'" By: ja..J1~1;\n City Clerk's Office Dated: ~^t\ \+\ :;J.604 Z:\WOIk\M\Meridiau\Meridinn 15360MlSheridnn Place Sub AZ-03-029 PP-03..o35 CUP-03..o60\QrderCUP.dQC ORDER CONDITIONAL USE PERMIT (CUP-03-060) PAGE90F9