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HomeMy WebLinkAboutCobblefield Crossing CUP02-032 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFlELD CROSSING SUBDIVISION IN AN R-8 ZONE, LOCATED AT 4450 N. LINDER ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT C/C 01/21/03 Revised 02/12/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-032 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, Brad Watson ofthe Public Works Department, Rod Ralphs, Tanya Converse and Brian English, 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 of a public hearing on the conditional use permit was published for two FINDINGS OF FACf 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 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 January 21,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given 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 4450 N. Linder Road, Meridian, Idaho. 5. The owners of record of the subject property are Frank Fisher, 4450 N. Linder Road, Meridian, Idaho and Don Huffman, 4035 Meadow Wood, Meridian, Idaho. 6. Applicant is CMD. Inc., 1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702. 7. The subject property is currently zoned RUT by Ada County. There is, however, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 an application for annexation and zoning to R-8 before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of 64 single family detached building lots, 8 single family attached building lots, and 1 existing home lot for a total of 73 lots, and including 15 other lots for common landscape lots and open space/park lots. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Low Density Residential or Medium Density Residential, in accordance with note number two (2) on the Land Use Map (allowing for an increase in density without a Comprehensive Plan Amendment.) 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 concems of Brian English expressed in his letter dated November 18, 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 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 FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 3 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 ifthe 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 ofthe City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe preliminary plat as a condition ofthe Conditional Use Permit. 2. Applicant shall submit a Certificate of Zoning Compliance application for the proposed common/park lot and its associated amenities prior to applying for building permits. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and 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 # 19 5). FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 4 OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and 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 ofthe 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 # 19 5). 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of-way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,000- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 8. 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 are required on the final plat. 9. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". II. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right -of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 applicant at no cost to ACHD. The applicant shall be required to call mGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 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. 5. All roads shall have a turning radius of28' 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 FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. 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 & Welfare, 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 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. 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. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 14. That the proposed use and development plan will be harmonious with the Amended Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; it is found that the current Comprehensive Plan Land Use Map adopted August 6, 2002, Resolution No. 02-382, designates the property as "Low Density Residential". The proposed 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 Meridian City Code. 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 character ofthe same area. It is found that the proposed residential subdivision use will be harmonious with the intended and existing character of the area. Baldwin Park Subdivision, directly south of the proposed project, has an average of 65-foot wide lots, approximately 10-12 feet wider than Cobblefield Crossing's abutting lots. It is deemed that single family detached housing adjacent to single family housing is similar and compatible. 16. That the proposed use, ifit complies with all conditions of the approval imposed, 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, FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 water, sewer. 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. ACHD 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 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. ~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 ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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 ofthe 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 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 ofthe 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 of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe 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 ofthe Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 64 single family detached building lots, 8 single family attached building lots, and I existing home lot for a total of 73 lots, and including 15 other lots for common landscape lots and open space/park lots in an R-8 zone located at 4450 N. Linder Road, 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Site Specific Comments (Conditional Use Permit) I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a Certificate of Zoning Compliance application for the proposed common/park lot and its associated amenities prior to applying for building permits. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and 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 ifthe 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). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and 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 # 19 5). FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 14 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of-way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the intemal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,000- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1 ,340- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29- foot street section for the roadway around the traffic island. 8. 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 are required on the final plat. 9. Provide a minimum of21-feet measured from back of curb to back of curb on either side of a proposed island or median. 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 11. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe 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 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 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. 5. All roads shall have a turning radius of28' 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 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9,10,11,12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 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 final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the _~ ,2003. ROLL CALL: l{-f:'--- day of COUNCILMAN KEITH BIRD VOTED .ltb ~t COUNCILWOMAN TAMMY deWEERD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 COUNCILMAN WILLIAM L.M. NARY VOTED~ VOTED--$..- COUNCILWOMAN CHERIE Mc CANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED:~ VOTED MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attomey. BY~d.~, a. lty Clerk' I' 2-/2-()3 Dated: \\\\l\III,I"1111 \\\\ C M"~ Illf "" '01. Or ell,I' 11/// .....' ,,\ Vl.,., '"", " (j' no~ -fA. ~ .:::- cpfl.r .-j.llf~ TY ~ :: ~ ~ \ SE.\L - "(, <':10' g ~~Qu ~ 0':: ~ ,(:) Sr 181 . .;;:: ~ Z:\Work\M\Meridian\Meridian 15360M\Cobblefield Crossing Sub AZ-02-024 PP-02-022 CUP-02-032\FfCISCUP02-032:~~,COf ,':~,:-:-'( . ~~\",,$' .,',' -.. "'\\\\\.\ . ~'''' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFlELD CROSSING SUBDIVISION IN AN R-8 ZONE, LOCATED AT 4450 N. LINDER ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT C/C 01/21/03 Revised 02/12/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-032 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 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 ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 64 single family detached building lots, 8. single family attached building lots, and 1 existing home for a total of 73 lots, and including 15 other lots for common landscape lots and open space/park lot in an R-8 zone located at 4450 N. Linder Road, 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: ORDER CONDITIONAL USE PERMIT (CUP-02-032) -1 Site Specific Comments (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a Certificate of Zoning Compliance application for the proposed common/park lot and its associated amenities prior to applying for building permits. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. B. Adopt the Recommendations of ACHD as follows: Site SDecific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and 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). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and 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). ORDER CONDITIONAL USE PERMIT (CUP-02-032) -2 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of-way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36- foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,000- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1 ,340- feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29- foot street section for the roadway around the traffic island. 8. 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 are required on the final plat. 9. Provide a minimum of 21- feet measured from back of curb to back of curb on either side of a proposed island or median. 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 11. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. ORDER CONDITIONAL USE PERMIT (CUP-02-032) -3 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #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 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, ORDER CONDmONAL USE PERMIT (CUP-02-032) -4 regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 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. 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 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8,9, 10, 11, 12, 13, 14, 15 on Block 4 shall be posted ''No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. ORDER CONDmONAL USE PERMIT (CUP-02-032) -5 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. 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 & Welfare, 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 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. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe 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. f ,.ft..-.- By action of the City Council at its regular meeting held on the __ day of rdnwvf ,2003. . ORDER CONDmONAL USE PERMIT (CUP-02-032) -6 .."..,-- -; -;"~1r Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:JI~~P~Qv City Clerk Dated: t. -('2 -(J 3 ,\\\\lllll./Jltfl' \\\\\ r:M"- III ,....\\ _t 0, Il::.Rl'D 1/// -...,'" ~~ lA /'l ,. 0' .....,...v.. -11......... .:: o?..'........~..qh ~v "/ ::- ~ .('0 -:.. ~ ~ :::. - ~ SEAL - 7 {; 2 ::. </0 ,Ojo~ ~ 7A Usr 18\ . ~ ~ .... v.., ~ ~ 'l/// CO- _/ ~ ,-" 'I{; _ ...".JT,. \\\" IJ/~l,,;,,;,,- , ;-,\ i '\,\ \ \ Z:\WorkIMIMeridianIMeridian I 5360M\Cobblefield Crossing Sub AZ-02-024 PP'{)2'{)22 CUP-02-032\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-032) -7