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HomeMy WebLinkAboutCreekside Arbour CUP 02-040 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CREEKSIDE ARBOUR II IN THE R-40 ZONE, LOCATED AT 1425 N.E. 5th, MERIDIAN, IDAHO CREEKSIDE ARBOUR II, LLC, APPLICANT C/C 01/21/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-040 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 January 21,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon Planner II for the Planning and Zoning Department, and Larry Knopp, 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 1. A notice ofa 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 January 21,2003, 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 ofthe 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 January 21,2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-15 zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1425 N.C. 5th, Meridian, Idaho. 5. The owner of record of the subject property is Creekside Arbour II, LLC, 1425 N.E. 5th, Meridian, Idaho 83642. 6. Applicant is Bill and Lucy Leavell, 2720 S. Ariel Lane, Meridian, Idaho 83642. 7. The subject property is currently zoned R-15. The zoning district ofR-40 is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 defmed within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of a 48-unit apartment complex. The R-40 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognized the concerns of Wendell Bigham, Joint School District No.2, expressed in his letter dated October 29, 2002.. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Reauirements 1. Landscaping shall be installed as submitted with the following corrections/changes: a. Replace the rock in the perimeter planter beds with bark or other organic material as required by the Landscape Ordinance. b. Add a minimum 50 square foot planter, with a 2" caliper tree, in between the three trash enclosures and the sidewalks to provide a landscaping break within the linearly arraigned apartment parking. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of h City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC ll-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC ll-13-4.F. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 6 Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 7. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- 1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 8. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction 9. Water and sewer service shall be from extensions of existing mains adjacent to the subject property. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Optieom 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 7. All buildings containing 6 or more units will be required to be fire sprinklered. C. Adopt the Recommendations of Central District Health Department as follows: I. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage & central water. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 5 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 managernent system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. Submit a Land Use Change/Site application to the Nampa & Meridian Irrigation District. E. Adopt the Comments of Sanitary Service as follows: I. Each waste container will have to handle 6 to 8 yards of waste per week. 3 yard containers to be serviced two times per week will be required as drive-on access is not permitted. 14. That the site is large enough to accommodate the required parking (96 required spaces, 100 provided), and the required landscaping, open space and other development features required of an apartment use by this Ordinance. Some minor changes will need to be made to bring the proposed use into compliance with the MCC, however the site is large enough to accommodate the required changes. 15. The current Comprehensive Plan Land Use Map designates the property as "High Density Residential". Therefore, it is found that the requested apartment complex use is a conditional use according to MCC 11-8-1, signifying that, if approved, the use will be in harmony with the Meridian Zoning Ordinance and the Comprehensive Plan. 16. It is found that the proposed development will not change the existing or intended character of the general vicinity (currently a mix of medium and high density residential and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 commercial uses). 17. It is not anticipated that the proposed use will have any adverse effect on nearby properties. 18. It is found that the proposed development will be adequately served by the essential public facilities and services. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW I. 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 (l.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 ofthe City of Meridian has established by the passage of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis 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; 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 ofthe proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 High Density Residential District (R-40), 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 ofthis 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, traosmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 9 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 Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for development of a 48-unit apartment complex in the R-40 zone located at 1425 N.E. 5th, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Reauirements 6. Landscaping shall be installed as submitted with the following corrections/changes: a. Replace the rock in the perimeter planter beds with bark or other organic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 material as required by the Landscape Ordinance. b. Add a minimum 50 square foot planter, with a 2" caliper tree, in between the three trash enclosures and the sidewalks to provide a landscaping break within the linearly arraigned apartment parking. 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not ijl over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4C. 8. All signage shall be in accordance with the standards set forth in Section 11-14 of III City Zoning and Development Ordinance. All signage is subject to design revievvand shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 10. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC ll-13-4.D, and shall be installed and striped in accordance w the submitted site plan, ADA and MCC ll-13-4.F. 10. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirernents with Sanitary Services, Inc. 12. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction 13. Water and sewer service shall be from extensions of existing mains adjacent to the subject property. B. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 I. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Optieom 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 7. All buildings containing 6 or more units will be required to be fire sprinklered. C. Adopt the Recommendations ofCentra1 District Health Department as follows: I. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage & central water. 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 managernent system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 12 D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. Submit a Land Use Change/Site application to the Nampa & Meridian Irrigation District. E. Adopt the Comments of Sanitary Service as follows: I. Each waste container will have to handle 6 to 8 yards of waste per week. 3 yard containers to be serviced two times per week will be required as drive-on access is not permitted. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a fmal action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 -L-I!.- By action of the City Council at its regular meeting held on the , j:e6rtUfAC{ ,2003. J ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY day of VOTED ~uJ VOTED~ VOTED~ VOTED$^' MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2-4-&3 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:JI-~,~~~ City Clerk Dated: 2 -4---P 3 ZolWork\M\MeridianlMeridian 15360MlCreekside Arbour IT RZ-02-008 CUP-02-D40lFfCIsCUP02-D40.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -14 \\\111101'11/// \\\' c: M.~ I111 ", -.I Or .t:;fTll' I" "" ~" <J4. .t....'/ ,'c} o"'n.Q", ',,1_...... .;:: 0"-" \............,.., ~" ~ ~ ~(j <:'0 -::. ~ ~ ~ - - - - - - - - - - - - - - BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CREEKSIDE ARBOUR II IN THE R-40 ZONE, LOCATED AT 1425 N.E. 5TH, MERIDIAN, IDAHO CREEKSIDE ARBOUR II, LLC, APPLICANT C/C 01/21/03 ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-040 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on January 21,2003, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of a 48-unit apartment complex in the R-40 zone located at 1425 N.E. 5th, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific ReQuirements 1. Landscaping shall be installed as submitted with the following corrections/changes: ORDER CONDITIONAL USE PERMIT (CUP-02-040) -1 a. Replace the rock in the perimeter planter beds with bark or other organic material as required by the Landscape Ordinance. b. Add a minimum 50 square foot planter, with a 2" caliper tree, in between the three trash enclosures and the sidewalks to provide a landscaping break within the linearly arraigned apartment parking. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of h City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be rernoved upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC ll-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC ll-13-4.F. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 6 Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12- I C. Coordinate location and construction requirements with Sanitary Services, Inc. 8. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction ORDER CONDITIONAL USE PERMIT (CUP-02-040) -2 9. Water and sewer service shall be from extensions of existing mains adjacent to the subj ect property. B. Adopt the Recommendations of the Meridian Fire Department as follows: I. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. The fire department requests that any future signalization installed as the result of the development of this project are 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 7. All buildings containing 6 or more units will be required to be fire sprink1ered. C. Adopt the Recommendations of Central District Health Department as follows: I. After written approval from appropriate entities are submitted, we can approve this proposal for central sewage & central water. 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. ORDER CONDITIONAL USE PERMIT (CUP-02-040) -3 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. D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: I. Submit a Land Use Change/Site application to the Nampa & Meridian Irrigation District. E. Adopt the Comments of Sanitary Service as follows: I. Each waste container will have to handle 6 to 8 yards of waste per week. 3 yard containers to be serviced two times per week will be required as drive-on access is not permitted. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 4-I!Y- day of B~~A;-~9-- City Clerk Dated: 2- +-0'3 Z:\WorkIM\MeridianlMeridian 15360MlCreekside Arhour II RZ-OZ-O08 CUP-OZ-040IOrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-040) -4