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Locust Grove Place CUP 02-041FEB 2 72003 City Of Meridian BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN City Clerk O4I'ice C/C 02/18/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR LOCUST GROVE PLACE SUBDIVISION IN R-40 AND C-C ZONES, LOCATED ON THE WEST SDIE OF N. LOCUST GROVE ROAD,'/a MILE SOUTH OF E. FAIRVIEW AVE., Case No. CUP-02-041 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT MERIDIAN, IDAHO WARDLE & ASSOCIATES, APPLICANT The above entitled conditional use permit application having come before the City Council on February 18, 2003 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, Jon Wardle, and Lee Centers, 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 FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTT - 1 (2) consecutive weeks prior to the said public hearing scheduled for February 18, 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') 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 February 18, 2003, 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 R-40 and C-C zones 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 on the west side of N. Locust Grove Road, '/4 mile south of E. Fairview Ave., Meridian, Idaho. 5. The owner of record of the subject property is L.C. Development, Inc., P.O. Box 518, Meridian, Idaho 83642. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 6. Applicant is Jonathan Wardle, Wardle & Associates, 50 Broadway Ave., Suite B, Boise, Idaho 83702. 7. The subject property is currently zoned R-40 and C-C. The zoning districts of R- 40 and C-C are 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 74 residential lots including 22 detached single family homes and 52 attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and common lots on 11.76 acres. The R-40 and C-C zoning designations are within the City of Meridian Zoning and Development Ordinance requires a conditionaluse 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 High Density Residential. 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 Wendel Bigham, Joint School District No. 2, expressed in his letter dated November 4, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTT - g 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 Recommendations of the Planning & Zoning Commission as follows: 1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the L-O zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O zone will require a new conditional use permit. B: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Pennifl 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 Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT - 4 administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way and at the correct vertical difference from the center of the road (see District staff). Coordinate the location and design of the sidewallc with District Design staff (387-6225). If the sidewalk is constructed outside of the right-of--way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100- feet south of the north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the pazcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all Standazd Conditions of Approval. Standazd 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 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 prepaze 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 ACRD. The applicant shall be required to call DIGLINE 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) aze 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 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 Recommendations of the Meridian Fire Department as follows: 1. The proj ect which is comprised of one and two family dwellings will require afire-flow of 1,000 gallons per minute and shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix lII-A. 2. Operational fire hydrants and temporary or permanent street signs 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. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standazds. UFC 902.2.1 An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. 9. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 10. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 11. All access roads within the project shall have clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have pazking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. UFC 902.2.2.1. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - ~ 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. 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 subj ect project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary of the property just south of the Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construction. 5. An irrigation diversion facility is provided for this development located near the east boundary of the Penn Station Aparhnents. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. H. Adopt the action of the City Council taken at their February 18, 2003 meeting as follows: 1. For clarification, all of the lots that are along the pathway that extends from Penn Station from the east to Locust Grove shall have the restriction that the fencing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type - (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted), and the fencing plan shall be submitted prior to submittal of the Final Plat. 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. 14. That the subject property is large enough to accommodate the requested use and all other required features. 15. The current Comprehensive Plan Land Use Map designates the subject property as "High Density Residential" and "Community Business District". It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The proposed commercial uses are not supported by the Comprehensive Plan, however, the original zone change which created the C-C zoning designation was permitted under the City of Meridian's previous 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, and a 20% exception for uses permitted by the zoning district. If the project is approved as a Planned Development, it will meet the minimum requirements of the Meridian City Code. 16. It is found that the proposed residential subdivision use will be harmonious with the intended and existing character of the area. Danbury Fair Subdivision, directly south and west of the proposed project is similar in density and size to the proposed use. 17. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 18. That the proposed use will be served adequately by essential public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer. 19. 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. 20. 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. 21. That the proposed use will not create significant interference with any traffic on the surroundmg public streets. ACRD did submit a report for the project. 22. 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 of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -10 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 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 standazds aze 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 of the general vicinity and that such use will not adversely change the essential character of the same azea; 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, pazks, 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; £ 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 welfaze 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 - i1 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) and Community Business District (C-C), 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 ]and 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, 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - i2 A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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: That the above named applicant is granted a conditional use permit for a Planned Development consisting of 74 residential lots including 22 detached single family homes and 52 attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and common lots on 11.76 acres in R-40 and C-C zones located on the west side of N. Locust Grove Road, %4 mile south of E. Fairview Ave., Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 A. Adopt the Recommendations of the Planning & Zoning Commission as follows: 1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the L- Ozone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O zone will require a new conditional use permit. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Pernutl 1. Applicant shall meet all of the requirements of the preliminaryplat as a condition ofthe Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the pazcel 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 ACRD 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 mazket 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 #196), if funds are available. 2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the construction of 5-foot concrete sidewallc abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way and at the correct vertical difference from the center of the road (see District staff). Coordinate the location and design of the sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of the right-of--way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -14 wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove,Road approximately 100- feet south of the north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 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 home 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 Constmction 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 CONDTTIONAL USE PERMIT - i5 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 ACRD. The applicant shall be required to call DIGLINE 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 (spaze 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 propertyunless 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 Recommendations of the Meridian Fire Department as follows: The project which is comprised of one and two family dwellings will require afire-flow of 1,000 gallons per minute and shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. iJFC 901.4.2 & 901.3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -16 3. AcceptanceofthewatersupplyforfireprotectionwillbebytheMeridianWaterDepaztment. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standazds. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' cleaz driving surface available at all times. 9. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 10. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 11. All access roads within the project shall have clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. UFC 902.2.2.1. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and azchitects involved with the design of the subject project shall obtain current best management pracfices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - i~ degradation. F. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary of the property just south of the Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. All storm drainage must be retained on-site. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construction. 5. An irrigation diversion facility is provided for this development located near the east boundary of the Penn Station Apartments. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. I. Adopt the action of the City Council taken at their February 18, 2003 meeting as follows: For clarification, all of the lots that are along the pathway that extends from Penn Station from the east to Locust Grove shall have the restriction that the fencing shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type - (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted), and the fencing plan shall be submitted prior to submittal of the Final Plat. 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 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 regulaz meeting held on the `~"~~ day of l/ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED_~~~ COUNCILWOMAN TAMMY deWEERD VOTED_~~~-~/ COUNCILWOMAN CHERIE Mc CANDLESS VOTED_z5~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - i9. COUNCILMAN WILLIAM L.M. NARY VOTED_ i~~~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - DATED:~~3 MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ,~~~""`""'{"" r'~r., pF Mc City Clerk G \~coRao~,gro •,• ~-, F ~~' ~ i 90yGC~ST ~„t 19~~ O \~ ,,~ Z:\WorMM~MeddianUderidian 15360M\L.ocus[ Grove Place Sub AZ-02-027 PP-02-026 CUP-02-041\FfC1sCUP02-041.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C o2/i8/o3 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR LOCUST GROVE PLACE SUBDIVISION IN R-40 AND C-C ZONES, LOCATED ON THE WE5T SIDE OF N. LOCUST GROVE ROAD,'/< MILE SOUTH OF E. FAIRVIEW AVE., MERIDIAN, IDAHO Case No. CUP-02-041 ORDER GRANTING CONDITIONAL U5E PERMIT WARDLE & ASSOCIATES, APPLICANT This matter coming before the City Council on the February 18, 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 a Planned Development consisting of 74 residential lots including 22 detached single family homes and 52 attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and common lots on 11.76 acres in R-40 and C-C zones located on the west side of N. Locust Grove Road, '/4 mile south of E. Fairview Ave., Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDTIIONAL USE PERMTT - 1 (CUP-02-041) A. Adopt the Recommendations of the Planning & Zoning Commission as follows: 1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the L-O zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O zone will require a new conditional use permit. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMEN'T'S (Conditional Use Permitl 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 Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-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 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 #196), if funds are available. 2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way and at the correct vertical difference from the center of the road (see District staffj. Coordinate the location and design of the sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of the right-of--way, the applicant must provide an easement. ORDER CONDITIONAL USE PERMIT - 2 (CUP-02-041) 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100- feet south of the north property line, as proposed. Paue Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the fmal plat. 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 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 ORDER CONDITIONAL USE PERNIIT - 3 (CUP-02-041) 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 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 propertyunless 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 Recommendations of the Meridian Fire Department as follows: 1. The project which is comprised of one and two family dwellings will require afire-flow of 1,000 gallons per minute and shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. ORDER CONDITIONAL USE PERMIT - 4 (CUP-02-041) 2. Operational fire hydrants and temporary or permanent street signs 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. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standazds. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial azea. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. 9. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix lII-A. 10. Insure that all yet undeveloped parcels aze maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 11. All access roads within the project shall have cleaz driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted pazking to only one side. UFC 902.2.2.1. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. 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. 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 PERNIIT - 5 (CUP-02-041) 5. 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. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary of the property just south of the Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construcfion. 5. An irrigation diversion facility is provided for this development located near the east boundary of the Penn Station Apartments. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. H. Adopt the action of the City Council taken at their February 18, 2003 meeting as follows: For clarification, all of the lots that are along the pathway that extends from Penn Station from the east to Locust Grove shall have the restriction that the fencing shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type - (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted), and the fencing plan shall be submitted prior to submittal of the Final Plat. 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. ORDER CONDITIONAL USE PERMIT - 6 (CUP-02-041) 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 ~ day of /~~'ZGi'/LG~/ , 2003. olae D. Cowie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By .2~cc,..,, City Clerk 5- 0 3 \ \~Illl l lllt I ryl!!ry! _1 4`,' ~ ~ o ~1t i, F ! ~t -, "% 'r~-9 C, ,,, Z:\WorkVMVvleridianU4eridian 15360M\Lncust Grove Place Sub AZ-02-027 PP-02-026 CUP-02-041\OrderCUP.doc S~.~L = '~r ~~Z '`9o~.rO ~„ ~. \~. l . ~~, c~. `~ ORDER CONDITIONAL USE PERNIIT - 7 (CUP-02-041)