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HomeMy WebLinkAboutHavasu Creek CUP 02-028BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12/10/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION IN AN R-4 ZONE, LOCATED SOUTH OF McMILLAN ROAD AND WEST OF Case No. CUP-02-028 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LOCUST GROVE ROAD, MERIDIAN, IDAHO FARWEST, LLC, APPLICANT The above entitled conditional use permit application having come before the City Council on December 10, 2002 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Becky Bowcutt, and Laird Graham, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -1 (2) consecutive weeks prior to the said public hearing scheduled for December 10, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 10, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT 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 south of McMillan Road and west of Locust Grove Road, Meridian, Idaho. 5. The owners of record of the subject property are Maclocust, LLC, 4487 N. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 Dresden Place, Ste. 102, Gazden City, Idaho 83714 and Renata Ham, 555 E. McMillan Road, Meridian, Idaho 83642. 6. Applicant is Fazwest, LLC, 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-4 before the City Council. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of 327 single family lots, 1 school lot, and 27 common lots. The R-4 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. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Planning and Zoning Commission recognized the concerns of Carl and Bonnie Reiterman expressed in a letter submitted by David Irish, W & H Pacific, dated October 30, 2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 all current caning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: The applicant shall be required to maintain a cover crop on any land not being developed or until the infrastructure for that phase is started, within reason. In the event live or drainage water is cut off due to a phase configuration or construction this might not be feasible. However, the Applicant shall attempt to retain the ground cover as much as possible. 2. The applicant shall work with adjoining landowners on the east regarding a vinyl fence, and the applicant has come to an agreement with Ms. Klaus and Mr. Graham concerning fencing height and type. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the following Recommendations of the ACHD as maybe modified by ACHD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Approval Dedicate 35-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of a wan•anty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 3. Construct 5-foot concrete sidewalk abutting McMillan Road and Locust Grove Road located 2-feet within the right-of--way. If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewalk. 4. Construct North Havasu Canyon Way to intersect with McMillan Road approximately 820-feet east of the west property line, as proposed. Construct North Havasu Falls Drive to intersect with Locust Grove Road approximately 400-feet south of the north property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 6. Submit a letter from the appropriate fire district approving the alternative street section. If the appropriate fire district reviews and approves the alternative street section, the applicant shall construct the internal roadways as 33-foot street sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides within 50-feet ofright-of--way, as proposed. 7. Construct North Havasu Canyon Way (from McMillan Road to Casa Grande Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue) residential collectors with 29-foot street sections with curb, gutter and 4-foot detached concrete sidewalk, as proposed. 8. Extend North Hermit Avenue at the south property line approximately 410-feet east of the west property line, as proposed. 9. Extend North Havasupai Avenue at the south property line approximately 120- feet east of the west property line, as proposed. 10. Construct North Shangri-La Street to extend to the south property line approximately 635-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct Casa Grande Street to extend to the west property line approximately 440-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Havasu Falls Drive to extend to the west property line approximately 730-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180-feet south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct North Mooney Falls Way to extend to the north property line approximately1,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street, Red-Rock Way, to extend to the north property line approximately 720-feet west of Locust Grove Road, as proposed. Install a sign at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 the terminus of the roadway stating that, "THIS ROAD WILL BE IN THE FUTURE". 16. Construct Bright Angel Avenue to extend to the north property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terrinus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue to extend to the south property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 18. Construct Red-Rock Way to extend to the south property line approximately 720- feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 19. Construct North Crystal Avenue to extend to the south property line approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 21. Construct one knuckle with an island within it located in the southeast corner of Mooney Falls Way and Switchback Drive, as proposed. The island within the knuckle shall be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a 29-foot street section around the traffic island designed to safely channel traffic. 22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as proposed. Construct the turnaround to provide a minimum fuming radius of 45- feet. 23. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 24. Construct alert-turn and a right turn deceleration lane at the McMillan Road and North Havasu Canyon Way intersection. Coordinate the design of the turn lanes with the District's Traffic Services Staff, 387-6140. 25. Construct alert-turn lane and aright-turn deceleration lane at the Locust Grove Road and North Havasu Falls Drive intersection. Coordinate the design of the tum lanes with the District's Traffic Services Staff, 387-6140. 26. The applicant shall enter into a development agreement with ACHD that outlines right-of--way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 27. Other than the access points specifically approved with this application, direct lot access to McMillan Road, Locust Grove Road and North Havasu Canyon Way (from McMillan Road to Casa Grande Street) is prohibited. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 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 maybe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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. 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 #195, 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 ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 L1FC Appendix III-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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. All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. UFC 902.2.1 The Applicant shall be allowed a 20' wide temporary gravel sewer and temporary emergency vehicle access roads which shall be utilized for these purposes only. E. Adopt the Recommendations of the Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 2. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Additionally, comply with the action of the Council from their meeting held on Tuesday, December 10, 2002, as follows: 1. That Lots 1 through 8, Block 12, along the eastern boundary, shall have only single-story homes built with a maximum height of 25 feet from grade. 2. The Applicant shall construct either a five or six foot vinyl fence along the eastern boundary adjacent to the Crestwood Subdivision No. 1 neighbors, as agreed upon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -10 in the letters submitted into the public record. 3. The Applicant shall utilize standazd industry dust abatement techniques to minimize dust on the site. 13. 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; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with the Amended Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Amended Comprehensive Plan Land Use Map adopted August 6, 2002, Resolution No. 02-382, designates the property as "Medium and Low Density Residential". The proposed high density residential uses are harmonious with and in accordance with the Amended Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 15. 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 chazacter o the same azea. Heritage Commons, directly south of the proposed project is similar in density and size to the proposed use. 16. That the proposed use, if it complies with all conditions of the approval imposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, 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, as long as capacity in existing school facilities is available and improvements are made by the applicant in accordance with policies, ordinances and Uniform Codes. 18. That the proposed use 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. 19. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 20. That the proposed use will not create significant interference with any traffic on the surrounding public streets. ACRD did submit a report for the project. 21. 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. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -12 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the fmding that the following standards are met and that the proposed development: (Meridian City Code § I 1-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -13 e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fiunes, 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. Prior to granting a conditional use permit in the Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -14 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. The City of Meridian has, by ordinance, established the Irnpact 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 -15 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 of 327 single family lots, 1 school lot, and 27 common lots in an R-4 zone located south of McMillan Road and west of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant shall be required to maintain a cover crop on any land not being developed or until the infrastructure for that phase is started, within reason. In the event live or drainage water is cut off due to a phase configuration or construction this might not be feasible. However, the Applicant shall attempt to retain the ground cover as much as possible. 2. The applicant shall work with adjoining landowners on the east regarding a vinyl fence, and the applicant has come to an agreement with Ms. Klaus and Mr. Graham concerning fencing height and type. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Snecific Comments Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall complywith the Americans with Disabilities Act and the Fair Housing Act. D. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -16 opportunity to comment shall be given to the Citybefore ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Anoroval Dedicate 35-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a wan•anty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACRD. 2. Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. Construct 5-foot concrete sidewallc abutting McMillan Road and Locust Grove Road located 2-feet within the right-of--way. If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewalk. 4. Construct North Havasu Canyon Way to intersect with McMillan Road approximately 820-feet east of the west property line, as proposed. 5. Construct North Havasu Falls Drive to intersect with Locust Grove Road approximately 400-feet south of the north property line, as proposed. 6. Submit a letter from the appropriate fire district approving the alternative street section. If the appropriate fire district reviews and approves the alternative street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 section, the applicant shall construct the internal roadways as 33-foot street sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides within 50-feet ofright-of--way, as proposed. 7. Construct North Havasu Canyon Way (from McMillan Road to Casa Grande Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue) residential collectors with 29-foot street sections with curb, gutter and 4-foot detached concrete sidewalk, as proposed. 8. Extend North Hermit Avenue at the south property line approximately 410-feet east of the west property line, as proposed. 9. Extend North Havasupai Avenue at the south property line approximately 120- feet east of the west property line, as proposed. 10. Construct North Shangri-La Street to extend to the south property line approximately 635-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct Casa Grande Street to extend to the west property line approximately 440-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Havasu Falls Drive to extend to the west property line approximately 730-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180-feet south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct North Mooney Falls Way to extend to the north property line approximately1,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street, Red-Rock Way, to extend to the north property line approximately 720-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -18 16. Construct Bright Angel Avenue to extend to the north property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue to extend to the south property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 18. Construct Red-Rock Way to extend to the south property line approximately 720- feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 19. Construct North Crystal Avenue to extend to the south property line approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 21. Construct one knuckle with an island within it located in the southeast comer of Mooney Falls Way and Switchback Drive, as proposed. The island within the knuckle shall be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a 29-foot street section around the traffic island designed to safely channel traffic. 22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as proposed. Construct the tumaround to provide a minimum turning radius of 45- feet. 23. 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. 24. Construct alert-turn and a right turn deceleration lane at the McMillan Road and North Havasu Canyon Way intersection. Coordinate the design of the turn lanes with the District's Traffic Services Staff, 387-6140. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -19 25. Construct alert-tum lane and aright-tum deceleration lane at the Locust Grove Road and North Havasu Falls Drive intersection. Coordinate the design of the turn lanes with the District's Traffic Services Staff, 387-6140. 26. The applicant shall enter into a development agreement with ACHD that outlines right-of--way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate shaze of surrounding roadway improvements as established by the applicant's traffic impact study. 27. Other than the access points specifically approved with this application, direct lot access to McMillan Road, Locust Grove Road and North Havasu Canyon Way (from McMillan Road to Casa Grande Street) is prohibited. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe 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 aze 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 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 #195, 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 ACRD 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 aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/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. D. Adopt the Meridian Fire Department Recommendations as follows: One and two family dwellings will require afire-flow of 1,000 gallons per rninute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. 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. 4. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 All roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins. UFC 901.4.2 & 901.3 A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. UFC 902.2.1 The Applicant shall be allowed a 20' wide temporary gravel sewer and temporary emergency vehicle access roads which shall be utilized for these purposes only. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and azchitects 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. Additionally, comply with the action of the Council from their meeting held on Tuesday, December 10, 2002, as follows: 1. That Lots 1 through 8, Block 12, along the eastern boundary, shall have only single- storyhomes built with a maximum height of 25 feet from grade. 2. The Applicant shall construct either a five or six foot vinyl fence along the eastern boundary adjacent to the Crestwood Subdivision No. 1 neighbors, as agreed upon in the letters submitted into public record. 3. The Applicant shall utilize standard industry dust abatement techniques to minimize dust on the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe 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 / ~h day of 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~~- COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc LANDLESS VOTED~u' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 COUNCILMAN WILLIAM L.M. NARY VOTED__~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~- Z O3 MOTION: APPROVED• DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: - City Clerk /-~-03 Z:\WorkUvl\MeridianVvleridian 15360MU3avasu Creek Sub AZ02-022 PP02-019 CUP02-028\FfC1sCUP02-028.doc 4,aamlrurr,r,,, ,~, -, !a 4 C . 1- 9 $~ ~p ''Q ~~T 1St ~, ~Z` ~~~ ,y~'9 , ~4\ ~. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12/10/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION IN AN R-4 ZONE, LOCATED SOUTH OF McMILLAN ROAD AND WEST OF Case No. CUP-02-028 ORDER GRANTING CONDITIONAL USE PERMIT LOCUST GROVE ROAD, MERIDIAN, IDAHO FARWEST, LLC, APPLICANT 1. This matter coming before the City Council on the December 10, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 327 single family lots, 1 school lot, and 27 common lots in an R-4 zone located south of McMillan Road and west of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: The applicant shall be required to maintain a cover crop on any land not being developed or until the infrastructure for that phase is started, within reason. In the ORDER CONDITIONAL USE PERMTl' -1 (CUP-02-028) event live or drainage water is cut off due to a phase configuration or construction this might not be feasible. However, the Applicant shall attempt to retain the ground cover as much as possible. 2. The applicant shall work with adjoining landowners on the east regarding a vinyl fence, and the applicant has come to an agreement with Ivls. Klaus and Mr. Graham concerning fencing height and type. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the Citybefore ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Approval Dedicate 35-feet ofright-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (cunently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 2. Dedicate 35-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to ORDER CONDITIONAL USE PERNIIT - 2 (CUP-02-028) scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required pemvits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication a8er receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 3. Constmct 5-foot concrete sidewalk abutting McMillan Road and Locust Grove Road located 2-feet within the right-of--way. If the sidewalk meanders outside of the right-of--way, provide an easement for the sidewallc. 4. Construct North Havasu Canyon Way to intersect with McMillan Road approximately 820-feet east of the west property line, as proposed. 5. Constmct North Hauasu Falls Drive to intersect with Locust Grove Road approximately 400-feet south of the north property line, as proposed. 6. Submit a letter from the appropriate fire district approving the altemative street section. If the appropriate fire district reviews and approves the alternative street section, the applicant shall construct the interval roadways as 33-foot street sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides within 50-feet ofright-of--way, as proposed. Construct North Havasu Canyon Way (from McMillan Road to Casa Grande Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue) residential collectors with 29-foot street sections with curb, gutter and 4-foot detached concrete sidewalk, as proposed. 8. Extend North Hermit Avenue at the south property line approximately 410-feet east of the west property line, as proposed. 9. Extend North Havasupai Avenue at the south property line approximately 120- feet east of the west property line, as proposed. 10. Construct North Shangri-La Street to extend to the south property line approximately 635-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDE] IN THE FUTURE". ORDER CONDITIONAL USE PERNIIT - 3 (CUP-02-028) 11. Construct Casa Grande Street to extend to the west property line approximately 440-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Havasu Falls Drive to extend to the west property line approximately 730-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180-feet south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct North Mooney Falls Way to extend to the north property line approximately1,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street, Red-Rock Way, to extend to the north property line approximately 720-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 16. Construct Bright Angel Avenue to extend to the north property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue to extend to the south property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 18. Construct Red-Rock Way to extend to the south properly line approximately 720- feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 19. Construct North Crystal Avenue to extend to the south property line approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ORDER CONDITIONAL USE PERNIIT - 4 (CUP-02-028) 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 21. Construct one knuckle with an island within it located in the southeast comer of Mooney Falls Way and Switchback Drive, as proposed. The island within the knuckle shall be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a 29-foot street section around the traffic island designed to safely channel traffic. 22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as proposed. Construct the turnaround to provide a minimum turning radius of 45- feet. 23. 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. 24. Construct alert-turn and a right turn deceleration lane at the McMillan Road and North Havasu Canyon Way intersection. Coordinate the design of the turn lanes with the District's Traffic Services Staff, 387-6140. 25. Construct alert-turn lane and aright-turn deceleration lane at the Locust Grove Road and North Havasu Falls Drive intersection. Coordinate the design of the turn lanes with the District's Traffic Services Staff, 387-6140. 26. The applicant shall enter into a development agreement with ACHD that outlines right-of--way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 27. Other than the access points specifically approved with this application, direct lot access to McMillan Road, Locust Grove Road and North Havasu Canyon Way (from McMillan Road to Casa Grande Street) is prohibited. 28. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT - 5 (CUP-02-028) Standard Conditions of Approval 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 maybe 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 Standazds 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. 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 aze required prior to building construction in accordance with Ordinance #195, 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 ACRD 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 ORDER CONDITIONAL USE PERMIT - 6 (CUP-02-028) representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Deparlxnent Recommendations as follows: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. 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. 4. 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 tum around. 5. All roads shall have a turning radius of 28' inside and 48' outside 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. UFC 902.2.1 The Applicant shall be allowed a 20' wide temporary gravel sewer and temporary emergency vehicle access roads which shall be utilized for these purposes only. ORDER CONDITIONAL USE PERNIIT - 7 (CUP-02-028) E. Adopt the Recommendations of the Central District Health Department as follows: The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Additionally, comply with the action of the Council from their meeting held on Tuesday, December 10, 2002, as follows: 1. That Lots 1 through 8, Block 12, along the eastern boundary, shall have only single-story homes built with a maximum height of 25 feet from grade. 2. The Applicant shall construct either a five or six foot vinyl fence along the eastern boundary adjacent to the Crestwood Subdivision No. 1, neighbors, as agreed upon in the letters submitted into public record. The Applicant shall utilize standard industry dust abatement techniques to minimize dust on the site. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT - 8 (CUP-02-028) By action of the City Council at its regular meeting held on the 7~ da of Y ~G? ;vt.Gt-Gr~.~ , 2003. o D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Deparhnent, Public Works Department and City Attorney. BY' ~~-= ity Clerk SEAL r9O9~~T 1SS •,~~,Z~ .*~ . :,v~, Z:1Work~MVvIeridianUAeridian 153WM\Havasu Creek Sub AZ02-022 PP02-019 CUP02-028\OiderCUP.doc ORDER CONDTI'IONAL USE PERMTI' (CUP-02-028) -9