Loading...
HomeMy WebLinkAboutParkstone Sub CUP 02-049 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/18/03 C/C 04/01/03 Revised per C/C 4/15/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) PARKSTONE SUBDIVISION IN AN ) R-8 ZONE, LOCATED ON THE ) NORTH SIDE OF USTICK ROAD, Y, ) MILE WEST OF EAGLE ROAD, ) IDAHO ) ) HILL VIEW DEVELOPMENT, ) CORP., ) APPLICANT ) ) Case No. CUP-02-049 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 March 18,2003 and continued until April!, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson ofthe Public Works Department, Tye Ketlinski, George Law, John Blakeslee, John Nesmith, Mary Berg, Becky McKay, Bruce Mills and Vie Clapp, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 27 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 (2) consecutive weeks prior to the said public hearing scheduled for March 18, 2003 and continued until April 1 , 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 March 18, 2003 and continued until April 1, 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 967-6509, 6512, and Meridian City Code 9911-15-5 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 27 provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 2740 E. Ustick Road, generally located on the north side of Us tick Road, Y, mile west of Eagle Road, Meridian, Idaho. 5. The owner of record ofthe subject property is Tom and Sue Davis, 2740 E. Ustick Road, Meridian, Idaho. 6. Applicant is Hillview Development Corporation, 150 E. Aikens, Suite A, Eagle, Idaho. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development in an R-8 zone. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Karl and Cheryl Smith, expressed in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 27 their letter dated February 2,2003; John and Shirley Schey, expressed in their letter dated February 11, 2003; Lynda and Marty Lindgren, expressed in their letter dated February 13, 2003; Vern Alleman, expressed in his letter dated February 17, 2003; Wendel Bigham, Joint School District, expressed in his letter dated January 10, 2003, and Tom E. Davis and Sue C. Davis, expressed in their letter dated March 27, 2003. Additionally, the Council recognizes the comments/points of interest of Wendell Bigham, Joint School District No.2, pertained in a memorandum dated March 31, 2003 from Brad Hawkins-Clark, and pertained in a facsimile to Brad Hawkins-Clark from Wendell Bigham on March 31, 2003, as follows: 1. The school district has had regular contact with Mr. Davis and Hillview Development regarding the potential development of this property. There will be adequate capacity at the new Locust Grove elementary school currently under construction to serve the Parkstone Subdivision. The school's student capacity is 650. 2. The district estimates that, by the time Parkstone Subdivision is built out, the Havasu Creek elementary school will be constructed. This school is within one mile ofthe Locust Grove school and will be equipped to handle any overflow that might occur at the Locust Grove site. 3. The school district boundaries will continue to shift as development builds-out. If the densities occur as per the Comprehensive Plan, there will continue to be one elementary school serving each square mile, which the district believes will b e adequate. 4. Discovery Elementary School located within the Educational Campus Subdivision on Locust Grove Road will accommodate those students generated from the fmal build out of the Parkstone Subdivision. Over time the current boundary for Discovery Elementary will reduce in size due to increased growth in the north Meridian area and that growth will drive the construction of additional elementary schools in the nearby sections. We were aware of the proposed Parkstone Subdivision at the time the boundaries were set and continue our support for approval of the Parkstone Subdivision upon the Davis property. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 27 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 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. All future office and commercial uses within the subdivision shall be reviewed for compatibility with the residential uses (MCC 12-6-3). 2. The minimum square footage for the residential lots adjacent to the western property line and north property line, that abut existing subdivisions, shall be a minimum of 1,500 square feet for a single story and 1,800 square feet for a two story building. B. 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 of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. A new detailed Conditional Use Permit will be required prior to development of any of the commercial, office or mini-storage lots within the Parkstone Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 27 C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Us tick 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 #196), if funds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630- feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side ofUstiek Road. 5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36- foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a 10-foot asphalt pathway on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 27 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandralz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5- foot concrete sidewalk with parking on one side of the roadway within 42-feet of right- of- way, as proposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 6l0-feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 27 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160-feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45-feet for the turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of21-feet (measured back-of-curb to back-of-curb). Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra- ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 27 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 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 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 27 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion of the project which is one and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial, office and storage occupancies will require a fIre-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 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by frre and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a 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 of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 27 10. 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. 11. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. E. Adopt the Recommendation of Settler's Irrigation District as follows: 1. All irrigation and drainage facilitiesleasernents will need to be protected. 2. Storm Drainage is not accepted in any of SID facilities. 3. The developer has the option to enter into an agreement with SID for the operation and maintenance of the pressure irrigation system. F. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviroumental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated t1rrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: G. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 27 H. To clarify the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. I. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total 000 spaces for the park. 3. The residence side ofthe street to be signed as "Residence Only Parking". 4. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of50% of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. 5. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. The developer will donate three (3) acres of the park site. b. The developer will pay for fifty percent (50%) of the park improvements (hydro-seeding, irrigation, trees and parking lot). c. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides of the park. f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future service of the park. 1. The developer will provide a pressure irrigation pump station. J. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment. I. The park is to be transferred to the City prior to the filing of the final plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. FINDINGS OP PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 27 14. 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. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential". It is found that the proposed residential uses are harmonious with and in accordance with the 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. 16. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. It is found that the proposed residential subdivision use will be harmonious with the intended and existing character ofthe area. 17. 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. 18. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 27 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 ofthe 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 surrounding public streets. ACHD 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. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE l40F27 provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 911-17-3) 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 hannonious 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 ofthe same area; d. That the proposed use, if it complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 27 i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 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 ofthe Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe 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 9 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 PAGE 16 OF 27 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 in an R-8 zone located at 2740 E. Ustick Road, generally located on the north side of Us tick Road, Y, mile west of Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. All future office and commercial uses within the subdivision shall be reviewed for compatibility with the residential uses (MCC 12-6-3). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 27 2. The minimum square footage for the residootiallots adjacent to the western property line and north property line, that abut existing subdivisions, shall be a minimum of 1,500 square feet for a single story and 1,800 square feet for a two story building. C. 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 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. 3. A new detailed Conditional Use Permit will be required prior to development of any of the commercial, office or mini-storage lots within the Parkstone Subdivision. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the par- cel 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 #196), if funds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630-feet east of the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE180F27 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Us tick Road. 5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a 10-foot asphalt pathway on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5- foot concrete sidewalk with parking on one side of the roadway within 42-feet of right- of- way, as proposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 27 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610-feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160- feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45-feet for the turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21- feet (measured back-of-curb to back-of-curb). Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the fmal plat. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 27 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra- ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Serviees 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 27 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 mGUNE (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 ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion of the project which is one and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial, office and storage 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 ill-A 3. The frre department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 27 borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a 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 of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. 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. 11. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. E. Adopt the Recommendation of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected. 2. Storm Drainage is not accepted in any of SID facilities. 3. The developer has the option to enter into an agreement with SID for the operation and maintenance of the pressure irrigation system. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 27 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 tlrrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: G. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side ofthe property, and shall also pipe the facility, and shall coordinate the piping with the owner ofthe adjacent property, Vic Clapp. H. To clarify the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. I. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total of 30 spaces for the park. 3. The residence side of the street to be signed as "Residence Only Parking". 4. The Parks and Recreation Department and Developer have come to a determination on the exchange ofimpact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 50% of the land value plus improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 27 The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. 5. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. The developer will donate three (3) acres of the park site. b. The developer will pay for fifty percent (50%) ofthe park improvements (hydro-seeding, irrigation, trees and parking lot). c. The developer will construct the ten (10) foot multi-use pathway t1rrough the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides of the park. f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future service of the park. 1. The developer will provide a pressure irrigation pump station. J. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment. I. The park is to be transferred to the City prior to the filing ofthe fmal plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 911-17-9. 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 27 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 ;-p~ day of Ifr-!:b ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED* VOTED. ~ COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED* - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 4-~2-...-tJ5 VOTED MOTION: V APPROVED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 27 Attest: William G. Berg, Jr., Ci ByddL:-~~ $l- City Clerk Dated: .f- Z-3 -tl3 Z:\WorklMlMeridianlMeridian 15360MlParkstone Sub AZ-QZ-Q33 PP-QZ-Q33 CUP-Q2-049IPfClsCUP02-049.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 27 , BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/18/03 C/C 04/01/03 Revised per C/C 4/15/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR ) PARKSTONE SUBDIVISION IN AN ) R-8 ZONE, LOCATED ON THE ) NORTH SIDE OF USTICK ROAD, Y, ) MILE WEST OF EAGLE ROAD, ) MERIDIAN, IDAHO ) ) HILL VIEW DEVELOPMENT, ) CORP., ) ) APPLICANT ) ) Case No. CUP-02-049 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the March 18, 2003 and continued until April 1, 2003, under the provisions of Meridian City Code 911-17-4 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 in an R-8 zone located at 2740 E. Ustick Road, generally located on the north side of Us tick Road, Y, mile west of Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 1 OF 10 A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. All future office and commercial uses within the subdivision shall be reviewed for compatibility with the residential uses (MCC 12-6-3). 2. The minimum square footage for the residential lots adjacent to the western property line and north property line, that abut existing subdivisions, shall be a minimum of 1,500 square feet for a single story and 1,800 square feet for a two story building. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all ofthe 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. 3. A new detailed Conditional Use Permit will be required prior to development of any of the commercial, office or mini-storage lots within the Parkstone Subdivision. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Us tick 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 #196), iffunds are available. 2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. Ifthe sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 2 OF 10 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630-feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Us tick Road. . 5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending fromVstick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side ofthe roadway and a 10-foot asphalt pathway on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the fmal plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fIre department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5- foot concrete sidewalk with parking on one side of the roadway within 42-feet of right-of- ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 3 OF 10 way, as proposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610-feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-feet east ofthe west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160-feet north of East Van Oker Street, as proposed. 18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a minimum turning radius of 45-feet for the turnaround. Provide a minimum ofa 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. I 19. Construct four knuckles without islands t1rroughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21- feet (measured back-of-curb to back-of-curb). 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 ofthis shall be required on the final plat. ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 4 OF 10 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra- ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. 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 ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 5 OF 10 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 ofthe 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 DIGUNE (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 ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion of the proj ect which is one and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 6 OF 10 2. Commercial, office and storage occupancies will require a fire- 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 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a 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 of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. 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. 11. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. E. Adopt the Recommendation of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected. ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 7 OF 10 2. Storm Drainage is not accepted in any of SID facilities. 3. The developer has the option to enter into an agreement with SID for the operation and maintenance of the pressure irrigation system. F. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of HeaIth & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated tlrrough a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Per City Council action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shall be required as follows: G. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. H. To clarify the matter concerning the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth, the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. I. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an additional 14 spaces, making a total 000 spaces for ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 8 OF 10 the park. 3. The residence side of the street to be signed as ''Residence Only Parking". 4. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 50% of the land value plus improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution ofthe six (6) acre park land transfer. 5. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. The developer will donate t1rree (3) acres of the park site. b. The developer will pay for fifty percent (50%) of the park improvements (hydro-seeding, irrigation, trees and parking lot). c. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. d. The developer will construct the micro-paths which enter into the park. e. The developer will install fencing along the north and south sides ofthe park. f. The developer will construct the pressure irrigation pond adjoining the park. g. The developer will provide sewer and water service to the park. h. The developer will coordinate with the utility companies for future serviee of the park. 1. The developer will provide a pressure irrigation pump station. J. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment. I. The park is to be transferred to the City prior to the filing of the final plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. 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 9 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 9 OF 10 By action of the City Council at its regular meeting held on the :?2-It~ dayof ~/~ ,2003. ~/L)~ Ro e . Corrie, Mayor City of Meridian Attest: \\\\1""11111//11/ ", ..r; U"'~'II ", -I V' I'RC, /1/ $'~ ~~ ~"''''''' l Q~~,.-" '-::;. I "" ''0 ~ ~ = By:JI#~~~/9- City Clerk Dated: 4-'7-- ~ -tJ 1 Z:\Work\M\MeridianlMeridian 15360M\Parkstone Sub AZ-Q2-033 PP-Q2-Q33 CUP-Q2-049\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-049) PAGE 10 OF 10