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HomeMy WebLinkAboutHighgate Subdivision CUP-03-039 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/14/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 74 SINGLE ) FAMILY RESIDENTIAL PLANNED ) DEVELOPMENT WITH A MIX OF ) ATTACHED AND DETACHED ) HOUSING ON 15.68 ACRES IN A ) PROPOSED R-8 ZONE FOR ) HIGHGATE SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) MERIDIAN ROAD, ) APPROXIMA TEL Y y.; MILE ) SOUTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) HARRIS HOMES, LLC, ) APPLICANT ) ) Case No. CUP-03-039 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 October 14, 2003 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, and Ashley Ford, 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 October 14, 2003, 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') ofthe 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 October 14, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given fun opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 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 (Ada County) zone and by reason of the 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 east side of Meridian Road, approximately y.; mile FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT PAGE 2 OF 22 south of Us tick Road, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner of record of the subject property is Eagle Springs Investments, LLC. 6. Applicant is Harris Homes, LLC. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning districts 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 consisting of74 building lots and 10 other lots, on 15.68 acres in a proposed R-8 zone for Highgate 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 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: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to tile the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. 3. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the final plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4" caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees may be removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all existing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. 7. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, are approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for garages shall be at least 20 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 8. The following amenities are required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, and open spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant has submitted a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission on this application. B. Adopt the Recommendations of ACHD as follows: I. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the l25-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate A venue offset of approximately 100-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo I, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe 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 Construction Services at 387-6280 (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 ofIdaho 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 # 197, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 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 ofthe 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 Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for I 0' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary orpennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of-way on Lot 1, Block 2 shaH break at Claire Drive. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have as' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one ifthe developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. There is concern about whether the proposed homes would actually fit on the proposed lots. However, the applicant has provided sample lot layouts that show how the houses would fit on a couple of detached lots of different shapes and also on a pair of attached lots. Therefore, it appears the residential lots are of adequate size and shape to accommodate the proposed homes provided that the reduced setbacks are approved. 14. The current Comprehensive Plan Land Use Map designates the property as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT PAGE 9 OF 22 Medium Density Residential. The proposed mix of attached and detached residential units can comply with the Comprehensive Plan by means of approval as a Planned Development if the requested standards are granted. It is found that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 15. It is found that the design concept to be compatible with the intended character of the area. 16. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 17. Pertaining to the service of public facilities adequately, please see under staff comments under Annexation and Zoning Analysis (G). 18. Pertaining to the creation of excessive additional requirements at public cost for public facilities and services, please see under staff comments under Annexation and Zoning Analysis (H). 19. Pertaining to activities, processes, materials, equipment, and conditions of operation that would be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, please see under staff comments under Annexation and Zoning Analysis (I). 20. Pertaining to the vehicular approaches to the property which would be designed as not to create an interference with traffic on surrounding public streets, please see under staff comments under Annexation and Zoning (l). 21. Pertaining to results of destruction, loss or damage of a natural, scenic or historic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 feature considered to be of major importance, please see under staff comments under Annexation and Zoning Analysis (K). CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 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 Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 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 detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the 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 S 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 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 {i 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 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 Planned Development consisting of74 building lots and 10 other lots, on 15.68 acres in a proposed R-8 zone for Highgate Subdivision, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: I. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to tile the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. 3. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the final plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4" caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees may be removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all existing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 7. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, are approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for garages shall be at least 20 feet. 8. The following amenities are required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, and open spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant has submitted a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission on this application. B. Adopt the Recommendations of ACHD as follows: I. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter A venue/Southgate Avenue offset of approximately 100- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot I, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, 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 15 OF 22 9. Center islands shall be designed with 21- foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe 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 Construction Services at 387-6280 (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 #197, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DlGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 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 subj ect 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 Meridian Fire Department Recommendations as follows: I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than ISO' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. These easements must be protected and any encroachment without a signed License Agreement and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the N ampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Drive. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shaH be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shaH be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shaH work with Planning and Zoning pertaining to aH the drainage issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 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 pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the fIrst phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 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 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. By action of the City Council at its regular meeting held on the ;VtJvelnO-tv ,2003. 5.f-~ day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED Le:<- - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1/--5-03 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL' USE PERMIT PAGE 21 OF 22 MOTION: II APPROVED:-----p--- DISAPPROVED: Attest: de/;tJee-ulj jJreJitte..-t- _ City ~te-n~ ~ Jiliam G. Berg, Jr., City Cl BJ~P~~ City Clerk Dated: 11--5""~(J3 \\\\\\l\llllfllll \" r:: /'0:.'-- 1,/ "\'_1 Or -.;:"thz~-,. 1//,; ....' .(""'\ <....l t ......... ...~ ~, :............ ~~1;"'L"'~ ~ (j O~POi~t.., y ~ { ~0 <0 \ ~ OJ ~ 0 ~ ,_ {'\ 0 '" ::;'''A ~<;r lSi . :<- c2 ...... v ~ " ......-'l ";f C '" ..;:.' "" OUNT'<. I"~"~ 1/// ", j'lllllIIH\\1\' Z:\Work\M\MeridianlMeridian 15360M\llighgate Sub. AZ-03-019 PP-03-{)23 CUP-{)3--039\F1C~CUP03.039.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 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 74 SINGLE ) F AMIL Y RESIDENTIAL PLANNED ) DEVELOPMENT WITH A MIX OF ) ATTACHED AND DETACHED ) HOUSING ON 15.68 ACRES IN A ) PROPOSED R-8 ZONE FOR ) HIGHGATE SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) MERIDIAN ROAD, ) APPROXIMA TEL Y y.; MILE ) SOUTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) HARRIS HOMES, LLC, ) ) APPLICANT ) ) C/C 10/14/03 Case No. CUP-03-039 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on October 14, 2003, 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 of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of74 building lots and 10 other lots, on 15.68 acres in a proposed R-8 zone for Highgate Subdivision located on the east side of Meridian Road, approximately y.; mile south of Us tick Road, Meridian, Idaho, subject to the following conditions of use and ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGEIOF9 development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to tile the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. 3. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the final plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4" caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees may be removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all existing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. 7. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, are approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for garages shall be at least 20 feet. 8. The following amenities are required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, andopen spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE20F9 10. Applicant has submitted a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission on this application. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter A venue/Southgate Avenue offset of approximately 100-feet. 5. Construct all ofthe internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter A venue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 2l-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right -of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE 3 OF9 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 Construction Services at 387 -6280 (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 ofIdaho 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 #197, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE40F9 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 Meridian Fire Department Recommendations as follows: 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. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or penn anent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE50F9 site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Drive. The area south of Claire Drive shall be a new Lot I, Block 3. All other lots in Block 3 shall bump up one number. ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE60F9 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. II. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE70F9 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE80F9 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. By action of the City Council at its regular meeting held on the NOf/em~ 50 day of ,2003. William G. Berg, Jr., Ci , ~m , de Wu-c.<<"f j?r~JIt!(~,.,r _ "","'01' MERlo."III/ t"1;' Ct?"'nM ,,'" ~-{ ~ ................. /' c} cpf.\POR,q?-~ ~ % ~ ~ () S J ; - Attest: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: J!~~ ~;$411- City Clerk Dated: 11-~-tJ3 Z:\WorklMlMeridianlMeridian 15360M\Highgate Sub. AZ-03-019 PP-03-023 CUP-03-o391OrdeICUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE90F9