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HomeMy WebLinkAboutMeadow Lake Village CUP03-005BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/06/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR MEADOW LAKE VILLAGE IN AN L-O ZONE, LOCATED EAST OF SOUTH EAGLE ROAD ON EAST FRANKLIN ROAD, MERIDIAN, IDAHO Case No. CUP-03-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT HUMMEL ARCHITECTS, PA, APPLICANT The above entitled conditional use permit application having come before the City Council on May 6, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Jason Butler, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 19 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 May 6, 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 May 6, 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 an L-O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the south side of E. Franklin Road, east of N. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Touchmark of the Treasure Valley, LLC, P.O. Box 1355, Meridian, Idaho 83680. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 2 OF 19 6. Applicant is Hummel Architects, P.A., 2785 Bogus Basin Road, Boise, Idaho 83702. The subject property is currently zoned L-O (LimitedOffice). The zoning district of L-O 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 unit development for Meadow Lake Village in an L-O zone. The L-O 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 "Mixed Use Community". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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. 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 3 OF 19 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. Anew phasing plan shall be submitted to the Planning and Zoning Staff at least ten days prior to the Public hearing in front of the City Council for review. 2. Revise the Apri12001 addendum to the Development Agreement to allow items number 1,4,5,7 and 10 on page three of the addendum under phase two (2); to allow the completion street "H", Franklin Road intersection at street "H", signal and landscaping along street "H" and Franklin Road, and utilities along street "H" and Franklin Road be shifted to the third phase of the development. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL (Conceutual) 1. Applicant shall meet all of the requirements ofthe previously approved Development Agreement, P reliminary P lat and C onditional U se P etmit, u nless m odified below, as a condition of the revised conceptual approval for this Planned Development. The minimum setbacks within the development shall be as follows: Front: 20'to garage, 10' for living area Rear: 20' building to building Side: 10' 1 story to one story 15' 1 story to 2 story 20' 2 story to 2 story Street side: 10' (There aze no lot lines within the project so all measurements are based on sepazation between buildings.) 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 19 4. The new roadway, paralleling Franklin Road, shall be dedicated as a public road through the subdivision process. Prior to the issuance ofbuilding permits for buildings taking access off of the proposed roadway, the final plat shall be recorded. 5. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 6. This approval is only conceptual, pursuant to MCC12-6-7B, therefore, each future phase of Meadow Lake Village, excepting exclusively residential phases, will require a detailed Conditional Use Permit prior to constmction. 7. The landscaping plan is not approved as submitted. A revised landscaping plan will be required at the time of submittal for a preliminary plat or upon submittal of a detailed conditional use permit for a future phase of the project. 8. The revised concept site development plan (printed in color), submitted with the application, is approved as submitted. C. Adopt the Recommendations of ACHD as follows: Site Soecific Conditions ofAporoval 1. Comply with all Standard Conditions of Approval. Standard Conditions of Anoroval 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 sidewallc 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 the District's Utility Coordinator at 387- 6258 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 19 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 aze required prior to building construction in accordance with Ordinance #197, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they 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 citange by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 19 1. One and two family dwellings will require afire-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 multi-family 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 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 ofthis 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 thru the City Engineering Department. 6. All roads shall have a turning radius of 28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. Typical street width of 34' will be allowed to have parking on both sides. The typical collector street with a width of 29' will be required to have restricted parking to only one side. UFC 902.2.2.1 8. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 9. 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. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing of the project. UFC 902.2.1 11. The proposed senior subdivision will be a heavy user of emergency medical services with an estimated 2.9 residents per household. The office lots and commercial lots will have an unlrnown transient population and will have an unknown impact on Meridian Fire Department call volume. 12. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 19 favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. E. Adopt the Recommendations of 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 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 subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the council from their May 6, 2003 meeting as follows: 1. For clarification, the modifications of this proposed conditional use permit for aplanned unit development, which was previously for the Touchmark of Treasure Valley project, but now known as Meadow Lake Village, is to not require the residential components basically in the center of the project, but any other non-residential detailed site plan or building pad site would have to come through again due to the fact there are presently no parking layouts and/or other details related to landscaping and trash enclosures, etc. 2. The second access from Franklin Road into the project has been moved from phase two to phase three, which is a change from the approved phasing plan, which would then shift the commercial to the Franklin frontage and to better buffer the retirement community back from Franklin Road. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. The submitted landscape plan does not address the revised layout of the development. Anew landscaping plan will be required with a new preliminary plat or conditional use permit application in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 19 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". It is found that the proposed residential and commercial office uses and submitted revisions 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 setbacks and multiple buildings on a single lot. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. 15. It is found that the proposed residential subdivision use will be harmonious with the intended (mixed use) and existing (mixed use) character of the area. 16. It is not anticipated that the revised project will have an adverse impact on other properties within the vicinity. 17. It is found that the revised development plans will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. The shi8 of the .commercial property towards Franklin Road will necessitate the need for the road (parallel to Franklin Road to be dedicated as a public right-of--way). This will require a new preliminary and final plat prior to dedication according to MCCI 1-2-2 (subdivision defmition). 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. It is found that the proposed use would increase traffic and noise in the general vicinity of the revised project, but that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 19 to the welfare of the City and the subdivision's neighbors. 20. That the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. Review of the ACRD report for this project will provide additional information regarding this finding. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. OF LAW 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 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 19 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-173) a. That the site is lazge enough to accommodate the proposed use and all yards, open spaces, pazking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze 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 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 Limited Office (L-O), 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 pernut all in accordance with the provisions of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE I1 OF 19 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) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 19 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: 1. That the above named applicant is granted a conditional use permit for a planned unit development for Meadow Lake Village in an L-O zone located on the south side of E. Franklin Road, east of N. 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. Anew phasing plan shall be submitted to the Planning and Zoning Staff at least ten days prior to the Public hearing in front of the City Council for review. 2. Revise the Apri12001 addendum to the Development Agreement to allow items number 1,4,5,7 and 10 on page three of the addendum under phase two (2); to allow the completion street "H", Franklin Road intersection at street "H", signal and landscaping along street "H" and Franklin Road, and utilities along street "H" and Franklin Road be shifted to the third phase of the development. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 19 CONDITIONS OF APPROVAL (Conceptual) 1. Applicant shall meet all of the requirements ofthe previously approved Development Agreement, P reliminary P lat and C onditional U se P ennit, unless m odified below, as a condition of the revised conceptual approval for this Planned Development. 2. The minimum setbacks within the development shall be as follows: Front: 20'to garage, 10' for living area Rear: 20' building to building Side: 10' 1 story to one story 15' 1 story to 2 story 20' 2 story to 2 story Street side: 10' (There are no lot lines within the project so all measurements are based on separation between buildings.) 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. The new roadway, paralleling Franklin Road, shall be dedicated as a public road through the subdivision process. Prior to the issuance ofbuilding permits for buildings taking access off of the proposed roadway, the final plat shall be recorded. 5. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 6. This approval is only conceptual, pursuant to MCC12-6-7B, therefore, each future phase of Meadow Lake Village, excepting exclusively residential phases, will require a detailed Conditional Use Permit prior to construction. 7. The landscaping plan is not approved as submitted. A revised landscaping plan will be required at the time of submittal for a preliminary plat or upon submittal of a detailed conditional use permit for a future phase of the project. 8. The revised concept site development plan (printed iri color), submitted with the application, is approved as submitted. C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 19 Site Syecific Conditions of Approval 1. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction hi accordance with Ordinance #197, 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. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 19 ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-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 multi-family 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 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 emergencymedical service vehicles. This cost ofthis installation is to be borne by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Deparlxnent. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the City Engineering Department. 6. All roads shall have a turning radius of 28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. Typical street width of 34' will be allowed to have parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERMIT PAGE 16 OF 19 on both sides. The typical collector street with a width of 29' will be required to have restricted pazking to only one side. L1FC 902.2.2.1 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing of the project. UFC 902.2.1 11. The proposed senior subdivision will be a heavy user of emergency medical services with an estimated 2.9 residents per household. The office lots and commercial lots will have an unknown transient population and will have an unlrnown impact on Meridian Fire Department call volume. 12. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support.' The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. E. Adopt the Recommendations of 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 Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to dischazge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 19 F. Adopt the action of the council from their May 6, 2003 meeting as follows: 1. For clarification, the modifications of this proposed conditional use permit for aplanned unit development, which was previously for the Touchmark of Treasure Valley project, but now known as Meadow Lake Village, is to not require the residential components basically in the center of the project, but any other non-residential detailed site plan or building pad site would have to come through again due to the fact there are presently no parking layouts and/or other details related to landscaping and trash enclosures, etc. 2. The second access from Franklin Road into the project has been moved from phase two to phase three, which is a change from the approved phasing plan, which would then shift the commercial to the Franklin frontage and to better buffer the retirement community back from Franklin Road. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 19 By action of the City Council at its regulaz meeting held on the `ZD~` day of l , 2003. ROLL CALL: COUNCILMAN KETl'H BIRD VOTED ~ G COUNCILWOMAN TAMMY deWEERD VOTED ~ Gt, COUNCILWOMAN CHERIE Mc LANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DOTED= DATED: ~j~ ZD-A3 MOTION: APPROVED: DISAPPROVED: Attest: ~~~~ William G. Berg, Jr., City Copy served upon Applicant, Department and the City Attc n ,.:..., .,,,, By: ~~u~,~ rsm~,-~t , ~c~~.-b~ City Clerk Public Works ,~~~~t"""'~~~„ Z:1WOrk~MVvleridian~Meridian 15360M~Meadaw Lake Village CUP-03-0OSFtCIsCUP03-OOS.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT `\````~~~~iii r i,a,YyLyYLL~ ~IKLl.~2.Zf 0~ ,,, V' ~pRPOf]~ Jy~i" .~W- ~ ~~tO ~ _ ~~ ``` v. ''~ ~ TFo _2Z_ L .` PAGE 19 OF 19 BEFORE THE MERIDIAN CITY COUNCIL C/C OS-06-03 IN THE MATTER OF THE APPLICATION OF ) HUMMEL ARCHITECTS, P.A., FORA ) CONDITIONAL USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR MEADOW LAKE ) VILLAGE IPJ AN L-O ZONE, LOCATED EAST OF ) SOUTH EAGLE ROAD ON EAST FRANKLIN ROAD ) MERIDIAN,, IDAHO ) CASE NO. CUP-03-005 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th day of May, 2003, 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: 1. That the Applicant, HUMMEL ARCHITECTS, P.A, is granted a conditional use for a planned unit development for Meadow Lake Village in an L-O zone; located east of South Eagle Road on East Franklin Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a conditional use for a planned unit development for Meadow Lake Village in an L-O zone, located east of South Eagle Road on East Franklin Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: A new phasing plan shall be submitted to the Planning and Zoning Staff at least ORDER OF CONDITIONAL APPROVAL OF CONDPI'IONAL USE PERMIT -HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 1 OF 7 ten days prior to the Public hearing in front of the City Council for review. 2. Revise the Apri12001 addendum to the Development Agreement to allow items number 1,4,5,7 and 10 on page three of the addendum under phase two (2); to allow the completion street "H", Franklin Road intersection at street "H", signal and landscaping along street "H" and Franklin Road, and utilities along street "H" and Franklin Road be shifted to the third phase of the development. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL (Conceptual) 1. Applicant shall meet all of the requirements of the previously approved Development Agreement, P reliminary P lat a nd C onditional U se P ennit, u nless m odified below, as a condition of the revised conceptual approval for this Planned Development. 2. The minimum setbacks within the development shall be as follows: Front: 20'to gazage, 10' for living area Rear: 20' building to building Side: 10' 1 story to one story 15' 1 story to 2 story 20' 2 story to 2 story Street side: 10' (There are no lot lines within the project so all measurements are based on separation between buildings.) 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. The new roadway, paralleling Franklin Road, shall be dedicated as a public road through the subdivision process. Prior to the issuance ofbuilding permits for buildings taking access off of the proposed roadway, the final plat shall be recorded. 5. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 2 OF 7 6. This approval is only conceptual, pursuant to MCC 12-6-7B, therefore, each future phase of Meadow Lake Village, excepting exclusively residential phases, will require a detailed Conditional Use Permit prior to construction. 7. The landscaping plan is not approved as submitted. A revised landscaping plan will be required at the time of submittal for a preliminary plat or upon submittal of a detailed conditional use permit for a future phase of the project. 8. The revised concept site development plan (printed in color), submitted with the application, is approved as submitted. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. 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 the District's Utility Coordinator at 387- 6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMTf - HUMNIEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 3 OF 7 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 aze required prior to building construction in accordance with Ordinance #197, 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. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (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. 1 L Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D, Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for durafion of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HU1bIMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-0OS) PAGE 4 OF 7 2. Commercial, office and multi-family 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 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 ofthis 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 thru the City Engineering Department. 6. All roads shall have a fuming radius of 28' inside and 48' outside. 7. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. Typical street width of 34' will be allowed to have parking on both sides. The typical collector street with a width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 8. C+perational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 9. 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. 10. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This may be a concern during the phasing of the project. UFC 902.2.1 11. The proposed senior subdivision will be a heavy user of emergency medical services with an estimated 2.9 residents per household. The office lots and commercial lots will have an unknown transient population and will have an unlmown impact on Meridian Fire Department call volume. 12. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -RUNNEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 5 OF 7 defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. E. Adopt the Recommendations of 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 Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to dischazge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storrnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the council from their May 6, 2003 meeting as follows: 1. For clarification, the modifications of this proposed conditional use permit for a planned unit development, which was previously for the Touchmark of Treasure Valley project, but now known as Meadow Lake Village, is to not require the residential components basically in the center of the project, but any other non-residential detailed site plan or building pad site would have to come through again due to the fact there are presently no parking layouts and/or other details related to landscaping and trash enclosures, etc. 2. The second access from Franklin Road into the project has been moved from phase two to phase three, which is a change from the approved phasing plan, which would then shift the commercial to the Franklin frontage and to better buffer the retirement community back from Franklin Road. 3. The above conditions aze concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HUMMEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 6 OF 7 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 the permit. By action of the City Council at its regular meeting held on the 2f5tI` day of , 2003. '``~ i~~G~li~ -Rel~e • tip,- (O~w~rvu~ d,e eerd. ' of Meridian ~~~~~l~~e~(a~~t `pu~lnutulp Attest: , ap~q`E pF pr,,i/,'`~~G w TF \ Q ff__ oo J ~r l0.r>~ l c~~~ SEAL __ William G. Berg, Jr., City Clerk x ~~ . ;~. tit111 Copy served upon Applicant, the Planninglandl~oning Department, Public Works Department and City Attorney. \``~~~,~1~1 ~ '~~~,, , Fo By: `~ 5 ~ 22-© ~ City Clerk s ~ ~'y?o,9 Gs•T Ist ~~~ ,~ .~ ~e Z:\WorkVN~lferidianlMeridian 15360MUAeadow lake Vil1~e CUP-~3F0~51C1~~Sit~~er.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - RUNNEL ARCHITECTS, P.A. FOR MEADOW LAKE VILLAGE (CUP-03-005) PAGE 7 OF 7