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HomeMy WebLinkAboutFountain Park Subdivision CUP-01-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05-01-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A 216 UNIT APARTMENT COMPLEX, IN A PROPOSED R- 15 ZONE, LOCATED AT THE SOUTHWEST CORNER OF LOCUST GROVE AND WILSON LANE, MERIDIAN, IDAHO DAVID WALDRON, APPLICANT Case No. CUP-01-007 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 May 1, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant were David Waldron and Phil Hull, and no one appeared in opposition, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weelcs prior to the said public hearing scheduled for May 1, 2001, 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 1, 2001, public hearing; 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 R-15 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 at the southeast corner of Locust Grove and Wilson Lane, Meridian, Idaho. The owner of record of the subject property is Barbara Myall of Goleta, California. 6. 7. Applicant is David Waldron of Boise, Idaho. The subject property is currently zoned R-T. However, there is an application before the City Coundl for annexation and zoning of R-15. The zoning district of R-15 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 and 216-unit apartment complex. The R-15 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 12.1 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, when covered parking and garages are provided, at least one (1) of each type shall be handicap- accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they shall certify that all construction meets ADA and FHA Standards. 12.2 Sanitary sewer service to this site is proposed via extensions from an existing main in Wilson Lane. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 12.3 Water service to this site shall be via extensions from existing mains in Wilson Lane, and Locust Grove. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 12.4 Assessments for sewer and water service are determined during the building permit application process. This development shall be subject to applicable Latecomers fees, currently $533.00 per equivalent residential unit. I2.5 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, prima_ry water supply connection to the City's ~nains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT o 5 12.6 12.7 a secondary source, developer shall be responsible to pay water assessments for the entire common open area. The Utility Plan (Sheet C-3) shows a ten-foot wide easement for the Settlers Canal in its new, relocated position. This easement is not shown on the Site Master Plan. Assuming this easement is in its correct location, all buildings and parking areas are located outside the easement, so no license agreements should be necessary. However, if the irrigation district requires a License Agreement for the pathway or the parking areas that border the easement, such agreements shall be presented with the Certificate of Zoning Compliance application. Nineteen (19) separate stormwater swales are shown on the Grading Concept Plan (Sheet C-l). Any of these swales that are included in the minimum 10% open space requirement shall be designed with slopes no greater than 4:1 and grass so that any standing water is drained within 24 hours of the completion of a storm event. All stormwater facilities shall be designed in accordance with Section i 1 of the Landscape Ordinance. 12.8 The Site Master Plan (Sheet MP-1 ) proposes an interactive water feature within the central commons area. A zero depth pool is required by the City Council. In addition, all appropriate safety mechanisms shall be installed to prevent any child hazards. 12.9 The pool area shall be fenced with a minimum 4-foot high fence to restrict access into the pool area by unattended children. 12.10 The Landscape Plan meets ordinance and is required for approval as proposed. Existing trees on the site which are four (4) inch caliper or greater, shall be preserved or mitigated for in accordance with the Landscape Ordinance. 12.11 The applicant is responsible to ensure no utility easements exist that would preclude the proposed landscaping. All landscaping shown shall be required. A few trees adjacent to the pathway appear to be within the Settlers Canal easement. The Applicant shall ensure these trees are planted outside the easement or enter into a License Agreement with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 the irrigation company. 12.12 No pedestrian or bicycle connection is available to Wilson Lane except via the driveway, which is more than 600 feet east of Locust Grove. The City Council requires a minimum 10-foot wide pedestrian/bicycle access path be provided through the Wilson Lane landscape berm to connect with the Wilson Lane sidewalk. The Council leaves the exact location of the path up to the Applicant, but a logical option would be to extend the sidewalk on the east side of Building A-1 that serves the row of six (6) parldng stalls to the north. 12.I3 Applicant shall provide elevations of the carports to the Planning and Zoning Director. The carport construction materials and colors shall compliment the garage and building materials. 12.14 Ordinance 1 I- 13-4.G allows compact parking stalls "upon petition" to the City. The Site Master Plan shows 27 spaces, or 5.2% of the total number of stalls. These compact stalls are dispersed in four (4) sets throughout the site. The City Council approves the stalls, with the exception of the row of ten (10) stalls along the south property line. This row of stalls shall be broken-up to provide better access by residents of Building A- 13. 12.15 One (1) additional parldng space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking (Ordinance 12-6-8-A-2). The proposed complex is providing 72 stalls to accommodate the visitors, which meets this ordinance. 12.16 The City Coundl requires approval of the front and side elevations for the 16-plex buildings, clubhouse elevations, and garage elevations as submitted. If possible, Applicant shall provide rear building elevations of the 16-plex apartments and elevations of the 8-plex buildings for review by the Council at the public hearing. The Council requires these elevations be designed with similar features as the elevations shown (i.e. decks, same percentage of window treatment, etc.). 12.17 Per Ordinance 12-6-7.E.5, proposals for Plam~ed Unit Developments FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 shall include a minimum of ten percent (10%) common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. The pool and clubhouse may count toward the required 10% amount. The Site Master Plan (Sheet 6 MP-1) shows a landscaped area calculation of 50.13%. 12.18 Six-foot-high, permanent cedar fencing shall be required along the full eastern boundary of the subject parcel. Applicant shall submit detailed fencing plans for review and approval. All required fencing is to be in place prior to issuance of building permits. 12.19 One (1) project sign is proposed at the main complex entrance on S. Locust Grove Road (see Landscape Plan). No project signage is proposed at the Wilson Lane entrance. No details of the main entry sign were submitted. In the R-15 zone, the maximum background area allowed is 32 sq. ft. and the maximum height is six feet (6').The entry signage for the subdivision shall be placed outside of a 10' X 20' dear sight triangle, measured from the projected intersection of Locust Grove Road and the entry drive; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. 12.20 There shall be no phasing of this project. 12.21 The City Council further requires the applicant shall work with the property owner to the South, Mr. Livingstone, to provide mature trees or a fence. 12.22 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance (11-13-4) and/or as detailed in site-specific requirements. 12.23 Paving and striping shall be in accordance with the standards set forth in' the City of Meridian Zoning and Development Ordinance ( 11-13-4 and 11-13-5) and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 12.24 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 12.25 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance i 1-13-4.C. 12.26 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs shall be permitted. I2.27 Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 12.28 In accordance with Ordinance 11-12-1.C., trash collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Adopt the Recommendation of the City of Meridian Water Department as follows: 12.29 The internal water main loop, shall be a minimum diameter of 8 inches and be designed to connect to the existing water mains in both Locust Grove and Wilson Lane. The design shall include an 8 inch diameter water main stubbed to the east boundary to comply with the "to and through policy". Adopt the Recommendation of the City of Meridian Water Department as follows: 12.30 Common areas shall need to be kept clean of trash and weeds. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 12.31 All streets and roads shall be constructed before building is started. 12.32 Street name signs shall be installed before building is started. 12.33 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants and fire sprinlder systems to the satisfaction of appropriate City departments. 13.34 All vehicles shall park in designated areas, not in the street area. Adopt the Central District Health Department's Recommendations as follows: 12.35 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 12.36 Run-off is not to create a mosquito breeding problem. 12.37 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.38 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 12.39 Applicant shall comply with Irrigation District requirements in the development. Adopt the Recommendations of the Ada County Highway District as follows: 12.40 Dedicate 48 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 12.41 12.42 permit (or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within the right-of-way. If the sidewalk meanders out of the right-of-way, the applicant shall provide an easement. Construct curb, gutter and a 5-foot wide concrete sidewalk and match paving on Wilson Street. Construct Wilson Lane to one-half of a 40- foot street section. 12.43 Driveways on Wilson Lane shall be located a minimum of 50-feet from public street intersections. Pave driveways their full width of 24 to 30- feet and at least 30-feet beyond the edge of pavement of Wilson Lane. 12.44 Construct a driveway on Locust Grove located a minimum of l$0-feet from any existing or proposed driveways or streets. Verify that the driveway location is offset 150-feet from the approved driveway at Locust Grove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median shall be a minimum of 20-feet wide. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Locust Grove Road with 15- foot radii abutting the pavement edge. 12.45 Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. 12.46 Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 as Mixed/Planned Use Development". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not iuvolve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 "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 Cityof 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. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 the general vicinity and that such use will not change the essential character of the same area; uses; Will not be hazardous or disturbing to existing or future neighboring e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the Medium High Density Residential District (R-15), 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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 heating 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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, lanuary 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBIECT 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 planned development and 216-unit apartment complex in R-15 zone at the southeast corner of Locust Grove and Wilson Lane, Meridian, Idaho, subiect to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1.1 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, when covered parking and garages are provided, at least one (1) of each type shall be handicap- accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they shall certify that all construction meets ADA and FHA Standards. 1.2 Sanitary sewer service to this site is proposed via extensions from an existing main in Wilson Lane. Applicant shall be responsible to construct the sewer mains to and through this proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 1.3 Water service to this site shall be via extensions from existing mains in Wilson Lane, and Locust Grove. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model: Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 1.4 Assessments for sewer and water service are determined during the building permit application process. This development shall be subject to applicable Latecomers fees, currently $533.00 per equivalent residential unit. 1.5 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.6 The Utility Plan (Sheet C-3) shows a ten-foot wide easement for the Settlers Canal in its new, relocated position. This easement is not shown on the Site Master Plan. Assuming this easement is in its correct location, all buildings and parking areas are located outside the easement, so no license agreements should be necessary. However, if the irrigation district requires a License Agreement for the pathway or the parking areas that border the easement, such agreements shall be presented with the Certificate of Zoning Compliance application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 1.7 Nineteen (19) separate stormwater swales are shown on the Grading Concept Plan (Sheet C-1). Any of these swales that are included in the minimum 10% open space requirement shall be designed with slopes no greater than 4:1 and grass so that any standing water is drained within 24 hours of the completion of a storm event. All stormwater facilities shall be designed in accordance with Section 11 of the Landscape Ordinance. 1.8 The Site Master Plan (Sheet MP-1) proposes an interactive water feature within the central commons area. A zero depth pool is required by the City Council. In addition, all appropriate safety mechanisms shall be installed to prevent any child hazards. 1.9 The pool area shall be fenced with a minimum 4-foot high fence to restrict access into the pool area by unattended children. 1.10 The Landscape Plan meets ordinance and is required for approval as proposed. Existing trees on the site which are four (4) inch caliper or greater, shall be preserved or mitigated for in accordance with the Landscape Ordinance. 1.11 The applicant is responsible to ensure no utility easements exist that would preclude the proposed landscaping. All landscaping shown shall be required. A few trees adjacent to the pathway appear to be within the Settlers Canal easement. The Applicant shall ensure these trees are planted outside the easement or enter into a License Agreement with the irrigation company. 1.12 No pedestrian or bicycle connection is available to Wilson Lane except via the driveway, which is more than 600 feet east of Locust Grove. The City Council requires a minimum 10-foot wide pedestrian/bicycle access path be provided through the Wilson Lane landscape berm to connect with the Wilson Lane sidewalk. The Council leaves the exact location of the path up to the Applicant, but a logical option would be to extend the sidewalk on the east side of Building A- 1 that serves the row of six (6) parking stalls to the north. 1.13 Applicant shall provide elevations of the carports to the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 Zoning Director. The carport construction materials and colors shall compliment the garage and building materials. 1.14 Ordinance 11-13-4.G allows compact parldng stalls "upon petition" to the City. The Site Master Plan shows 27 spaces, or 5.2% of the total number of stalls. These compact stalls are dispersed in four (4) sets throughout the site. The City Council approves the stalls, with the exception of the row of ten (10) stalls along the south property line. This row of stalls shall be broken-up to provide better access by residents of Building A- 13. 1.15 One (I) additional parldng space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking (Ordinance 12-6-8-A-2). The proposed complex is providing 72 stalls to accommodate the visitors, ~vhich meets this ordinance. 1.16 The City Council requires approval of the front and side elevations for the 16-plex buildings, clubhouse elevations, and garage elevations as submitted. If possible, Applicant shall provide rear building elevations of the 16-plex apartments and elevations of the 8-plex buildings for review by the Council at the public hearing. The Council requires these elevations be designed with similar features as the elevations shown (i.e. decks, same percentage of window treatment, etc.). 1.17 Per Ordinance 12-6-7.E.5, proposals for Planned Unit Developments shall include a minimum of ten percent (10%) common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. The pool and clubhouse may count toward the required 10% amotmt. The Site Master Plan (Sheet 6 MP-1 ) shows a landscaped area calculation of 50.13%. 1.18 Six-foot-high, permanent cedar fencing shall be required along the full eastern boundary of the subject parcel. Applicant shall submit detailed fencing plans for review and approval. All required fencing is to be in place prior to issuance of building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 1.19 One (1) project sign is proposed at the main complex entrance on S. Locust Grove Road (see Landscape Plan). No project signage is proposed at the Wilson Lane entrance. No details of the main entry sign were submitted. In the R-15 zone, the maximum badcground area allowed is 32 sq. ft. and the maximum height is six feet (6').The entry signage for the subdivision shall be placed outside of a 10' X 20' clear sight triangle, measured from the projected intersection of Locust Grove Road and the entry drive; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. 1.20 There shall be no phasing of this project. 1.21 The City Council further requires the applicant shall work with the property owner to the South, Mr. Livingstone, to provide mature trees or a fence. 1.22 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance (11-13-4) and/or as detailed in site-specific requirements. 1.23 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance ( 11-13-4 and 11-13-5) and in accordance with Americans with Disabilities Act (ADA) requirements. 1.24 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.25 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance 11-13-4.C. .26 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 be permitted. 1.27 Provide five-foot wide pedestrian walkways in accordance with City Ordinance. 1.28 In accordance with Ordinance 11-12-1.C., trash collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Adopt the Recommendation of the City of Meridian Water Department as follows: 1.29 The internal water main loop, shall be a minimum diameter of 8 inches and be designed to connect to the existing water mains in both Locust Grove and Wilson Lane. The design shall include an 8 inch diameter water main stubbed to the east boundary to comply with the "to and through policy". Adopt the Recommendation of the City of Meridian Water Department as follows: 1.30 Common areas shall need to be kept clean of trash and weeds. 1.31 All streets and roads shall be constructed before building is started. 1.32 Street name signs shall be installed before building is started. .33 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants and fire sprinlder systems to the satisfaction of appropriate City departments. .34 All vehicles shall park in designated areas, not in the street area. Adopt the Central District Health Department's Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 1.35 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.36 Run-off is not to create a mosquito breeding problem. 1.37 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.38 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1.39 Applicant shall comply with Irrigation District requirelnents in the development. Adopt the Recommendations of the Ada County Highway District as follows: 1.40 Dedicate 48 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. 1.41 Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within the right-of-way. If the sidewalk meanders out of the right-of-way, the applicant shall provide an easement. 1.42 Construct curb, gutter and a 5-foot wide concrete sidewalk and match paving on Wilson Street. Construct Wilson Lane to one-half of a 40- foot street section. 1.43 Driveways on Wilson Lane shall be located a minimum of 50-feet from public street intersections. Pave driveways their full width of 24 to 30- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 feet and at least 30-feet beyond the edge of pavement of Wilson Lane. 1.44 Construct a driveway on Locust Grove located a minimum of 150-feet from any existing or proposed driveways or streets. Verify that the driveway location is offset 150-feet from the approved driveway at Locust Grove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median shall be a minimum of 20-feet wide. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Locust Grove Road with 15- foot radii abutting the pavement edge. 1.45 Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. 1.46 Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of /~ ~-~'" ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ,,~*~",m,~_ B ,- 5: ~ Dated: g~l~ City Clerk ! ~ - Z:,Work~e.di~efidian 15360~=t Grove Place = PP C~fCIsC~01-003.doc ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 BEFORE THE MERIDIAN CITY COUNCIL C/C 05-0 !-01 IN THE MATTER OF THE REQUEST FOR ) CONDITIONAL USE PERMIT FOR A 216 UNIT) APARTMENT COMPLEX, IN A PROPOSED ) R-15 ZONE, LOCATED AT THE SOUTHWEST ) CORNER OF LOCUST GROVE AND WILSON ) LANE, MERIDIAN,. IDAHO ) ) ) .) CASE NO. CUP-01-007 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Coundl on the 1sT day of May, 2001, 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: 1. That the Applicant of the property is granted a conditional use permit for a planned development and 216-unit apartment complex, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a planned development and 216-unit apartment complex for Fountain Park Subdivision, as described in the "LANDSCAPE PLAN - PROJECT NUMBER: 01005, ISSUE DATE: 2-14-2001, SHEET TITLE: LANDSCAPE PLAN, FOUNTAIN PARK, MERIDIAN, IDAHO, THE LAND GROUP, INC. ARCHITECT,' David Waldron, Developer, for the development of the aforementioned development for a development consisting of a planned development and 216-unit apartment Complex for Fountain Park and which property is described in the attached Exhibit "A" and incorporated herein as if set forth in full hereat. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON / FOUNTAIN PARK/ CUP-0I-O07 PAGE 1 OF 5 2. That the above named applicant is granted a conditional use permit for a planned development and 216-unit apartment complex for Fountain Park, located at the southeast comer of Locust Grove and Wilson Lane, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 2.1 Handicap parMng, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). For example, when covered parldng and garages are provided, at least one (1) of each type shall be handicap- accessible (see Fair Housing Act Design Manual 2.23). By the architect or engineer's stamp on plans, they shall certify that all construction meets ADA and FHA Standards. 2.2 Sanitary sewer service to this site is proposed via extensions from an existing main in Wilson Lane. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.3 Water service to this site shall be via extensions from existing mains in Wilson Lane, and Locust Grove. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.4 Assessments for sewer and water service are determined during the building permit application process. This development shall be subject to applicable Latecomers fees, currently $533.00 per equivalent residential trait. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON / FOUNTAIN PARK/ CUP-OI-O07 PAGE 2 OF 5 2.5 2.6 2.7 2.8 2.9 2.10 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. The Utility Plan (Sheet C-3) shows a ten-foot wide easement for the Settlers Canal in its new, relocated position. This easement is not shown on the Site Master Plan. Assuming this easement is in its correct location, all buildings and parking areas are located outside the easement, so no license agreements should be necessary. However, if the irrigation district requires a License Agreement for the pathway or the parking areas that border the easement, such agreements shall be presented with the Certificate of Zoning Compliance application. Nineteen (19) separate stormwater swales are shown on the Grading Concept Plan (Sheet C-1 ). Any of these swales that are included in the minimum 10% open space requirement shall be designed with slopes no greater than 4:1 and grass so that any standing water is drained within 24 hours of the completion of a storm event. All stormwater facilities shall be designed in accordance with Section 11 of the Landscape Ordinance. The Site Master Plan (Sheet MP-1) proposes an interactive water feature within the central commons area. A zero depth pool is required by the City Council. In addition, all appropriate safety mechanisms shall be installed to prevent any child hazards. The pool area shall be fenced with a minimum 4-foot high fence to restrict access into the pool area by unattended children. The Landscape Plan meets ordinance and is required for approval as proposed. Existing trees on the site which are four (4) inch caliper or greater, shall be preserved or mitigated for in accordance with the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON/FOUNTAIN PARK/ CUP-01-007 PAGE 3 OF 5 2.11 2.12 2.13 Landscape Ordinance. The applicant is responsible to ensure no utility easements exist that would preclude the proposed landscaping. All landscaping shown shall be required. A few trees adjacent to the pathway appear to be within the Settlers Canal easement. The Applicant shall ensure these trees are planted outside the easement or enter into a License Agreement with the irrigation company. No pedestrian or bicycle connection is available to Wilson Lane except via the driveway, which is more than 600 feet east of Locust Grove. The City Council requires a minimum 10-foot wide pedestrian/bicycle access path be provided through the Wilson Lane landscape berm to connect with the Wilson Lane sidewalk. The Council leaves the exact location of the path up to the Applicant, but a logical option would be to extend the sidewalk on the east side of Building A- 1 that serves the row of six (6) parldng stalls to the north. Applicant shall provide elevations of the carports to the Planning and Zoning Director. The carport construction materials and colors shall compliment the garage and building materials. 2.14 Ordinance 11-13-4.G allows compact parldng stalls "upon petition" to the City. The Site Master Plan shows 27 spaces, or 5.2% of the total number of stalls. These compact stalls are dispersed in four (4) sets throughout the site. The City Council approves the stalls, with the exception of the row of ten (10) stalls along the south property line. This row of stalls shall be broken-up to provide better access by residents of Building A- 13. 2.15 One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parldng (Ordinance 12-6-8-A-2). The proposed complex is providing 72 stalls to accommodate the visitors, which meets this ordinance. 2.16 The City Council requires approval of the front and side elevations for the 16-plex buildings, clubhouse elevations, and garage elevations as ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON / FOUNTAIN PARK/ CUP-OI-007 PAGE 4 OF 5 2.17 2.18 2.19 2.20 2.21 2.22 submitted. If possible, Applicant shall provide rear building elevations of the 16-plex apartments and elevations of the 8-plex buildings for review by the Council at the public hearing. The Council requires these elevations be designed with similar features as the elevations shown (i.e. decks, same percentage of window treatment, etc.). Per Ordinance 12-6-7.E.5, proposals for Planned Unit Developments shall include a minimum of ten percent (10%) common area. Common open space shall mean land area exclusive of street rights-of-way, buildings, parking areas, structures, and appurtenances except those improvements that are accessible and available to all occupants of the private units within the PD. The pool and clubhouse may count toward the required 10% amount. The Site Master Plan (Sheet 6 MP-1 ) shows a landscaped area calculation of 50.13%. Six-foot-high, permanent cedar renting shall be required along the full eastern boundary of the subject parcel. Applicant shall submit detailed fencing plans for review and approval. All required fencing is to be in place prior to issuance of building permits. One (1) project sign is proposed at the main complex entrance on S. Locust Grove Road (see Landscape Plan). No project signage is proposed at the Wilson Lane entrance. No details of the main entry sign were submitted. In the R-15 zone, the maximum background area allowed is 32 sq. ft. and the maximum height is six feet (6').The entry signage for the subdivision shall be placed outside of a 10' X 20' clear sight triangle, measured from the projected intersection of Locust Grove Road and the entry drive; or if the sign is reduced to 3' or less in height, it may be placed within the sight triangle. There shall be no phasing of this project. The City Council further requires the applicant shall work with the property owner to the South, Mr. Livingstone, to provide mature trees or a fence. Off-street parldng shall be provided in accordance with the City of Meridian Zoning and Development Ordinance (I 1-13-4) and/or as ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON / FOUNTAIN PAP. l(/ CUP-01-007 PAGE 5 OF 5 2.23 2.24 2.25 2.26 2.27 2.28 as follows: 2.29 detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance ( 11-13-4 and 11-13-5) and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance 11-13-4.C. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance or as specifically approved. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot wide pedestrian wallcways in accordance with City Ordinance. In accordance with Ordinance 1 i-12-1.C., trash collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Adopt the Recommendation of the City of Meridian Water Department The internal water main loop, shall be a minimum diameter of 8 inches and be designed to connect to the existing water mains in both Locust Grove and Wilson Lane. The design shall include an 8 inch diameter water main stubbed to the east boundary to comply with the "to and ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON / FOUNTAIN PARK/ CUP-01-007 PAGE 6 OF 5 as follows: 2.30 2.31 2.32 2.33 through policy". Adopt the Recommendation of the City of Meridian Water Department Common areas shall need to be kept dean of trash and weeds. All streets and roads shall be constructed before building is started. Street name signs shall be installed before building is started. Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants and fire sprinkler systems to the satisfaction of appropriate City departments. 2.34 Ail vehicles shall park in designated areas, not in the street area. Adopt the Central District Health Department's Recommendations as follows: 2.35 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.36 Run-off is not to create a mosquito breeding problem. 2.37 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.38 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.39 Applicant shall comply with Irrigation District requirements in the development. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 5 BY DAVID WALDRON/FOUNTAIN PARK/ CUP-01-007 Adopt the Recommendations of the Ada County Highway District as follows: 2.40 Dedicate 48 feet of right-of-way from the centefline 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. 2.41 Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within the right-of-way. If the sidewalk meanders out of the right-of-way, the applicant shall provide an easement. 2.42 Construct curb, gutter and a 5-foot wide concrete sidewalk and match paving on Wilson Street. Construct Wilson Lane to one-half of a 40- foot street section. 2.43 Driveways on Wilson Lane shall be located a minimum of 50-feet from public street intersections. Pave driveways their full width of 24 to 30- feet and at least 30-feet beyond the edge of pavement of Wilson Lane. 2.44 Construct a driveway on Locust Grove located a minimum of 150-feet from any existing or proposed driveways or streets. Verify that the driveway location is offset 150-feet from the approved driveway at Locust Grove Place. The applicant is proposing to construct a median in the driveway. The drive aisles on both sides of the median shall be a minimum of 20-feet wide. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Locust Grove Road with 15- foot radii abutting the pavement edge. 2.45 Construct a center turn lane on Locust Grove Road for the driveway intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. 2.46 Other than the access point specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON / FOUNTAIN PARK/ CUP-01-007 PAGE 8 OF 5 3. The above conditions are concluded to be reasonable and the applicant shaI1 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 /~-¢~ day of ,2001. ~ob~ct I~. Co~ie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. B Y~t)~ Clerk ' g,,I Dated: Z:\WorkkM~Meridian~Meridian 15360iV~ountain Park AZ01-004 CUP01-007~CUPOrder01007.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY DAVID WALDRON / FOUNTAIN PARK/ CUP-01-O07 PAGE 9 OF 5 A parcel of land being all of Lots 18, 19, and 20, and a portion East Wilson Lane and North Locust Grove Road of Pleasant Valley Subdivision, according to the plat thereof, filed in Book 12, Page 865 of Plats in the Office of the County Recorder, Ada County, Idaho, located in the West 1/2 of Section 8, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly describe as follows: Commencing atthe Secton comer common to Sections 5, 6, 7, and 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence along the boundary line common to Sections 7 and 8, South 00~00'2~' West a distance of 445.00 feet to a point on the centedine of East Wilson Lane, said point also being THE TRUE POINT OF BEGINNING; thence along the centedine of East Wilson Lane, North 8g~34'33" East a distance of 1038.17 feet to a point on the northerly extension of the line common to Lots 7 and 20 of Pleasant Valley Subdivision; thence along said extended line and the common line of Lots 7 and 20 of Pleasant Valley Subdivision, South 00~00'23' West a distance of 1014.63 feet to a point on the southwesterly boundary line of said Pleasant Valley Subdivision; thence along said southwastedy boundary line, North 65°46'37' West a distance of 294.73 feet; thence along said southwesterly boundary' line and an extension of said southwesterly boundary line, North 55°59'37' West a distance of 928.00 feet to a point on the line common to Sections 7 and 8; thence along said common line, North 00"00'23' East a distance of 357.00 feet to THE POINT OF BEGINNING. Said parcel contains 740,401 square feat or 17.00 acres, more or less.