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HomeMy WebLinkAboutVerona Sub CUP 03-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 5/13/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR VERONA SUBDIVISION IN AN R-8 ZONE, LOCATED ON THE NORTHEAST CORNER OF W. McMILLAN ROAD Case No. CUP-03-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT AND N. TEN MILE ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT, LLP, APPLICANT The above entitled conditional use permit application having come before the City Council on May 13, 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; Brad Watson, City Engineer; and Becky McKay 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIlT PAGE 1 OF 24 FINDINGS OF FACT 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 13, 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 13, 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. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the northeast corner of W. McMillan Road and N. Ten FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 24 Mile Road, Meridian, Idaho. 5. The owners of record of the subject property are E. L. Bews and Shirley Bews, 5204 N. Sorrento Circle, Boise, Idaho 83704. 6. Applicant is Pimeland Development Company, LLP, 660 E. Franklin Road, Suite 110, Meridian, Idaho 83642. The subject property is currently zoned RUT by Ada County and C-G (General Retail and Service Commercial). There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development 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 Bill Clark and the existence of the adjacent commercial development. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 24 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 Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (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. Anew detailed Conditional Use Permit will be required prior to development of any of the office/church uses within Verona Subdivision. 4. Construction of the proposed multi-use pathway and landscaping of the parkway between the multi-use pathway and W. Bellagio and W. Malta Drive shall be completed prior to occupancy of homes constructed in the first phase of the proposed development. 5. Fencing adjacent to micro-paths shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet of lattice work to be placed on top of the solid fence. 6. A planned sign program shall be required for the commercial portions of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 24 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Anproval 1. Dedicate 38-feet ofright-of--way from the centerline of Ten Mile Road (an additional 13-feet ofright-of--way) and place the sidewalk within an easement on the proposed common lot (a minimum of 41-feet from centerline, as proposed. If the applicant wishes to consider other options for the right-of--way and construction of sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding for Consideration #2. 2. The applicant shall do one of the following: a. Dedicate by donation an additional 10-feet ofright-of--way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of Ten Mile Road, as proposed. 4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road approximately 850-feet north of McMillan Road, as proposed. 5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road approximately 140-feet south of the north property line, as proposed. 6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk on the south side of the roadway and a 10-foot detached asphalt pathway on the north side of the roadway within 50-feet ofright-of--way with no front on housing, as proposed. Provide the District with an easement for the sidewalk that will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 24 extend outside of the right-of--way. Direct access and parking is prohibited on West Bellagio Drive. 7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-of--way. 8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5- foot-attached sidewalks within 50-feet ofright-of--way, as proposed. Provide the District with documentation showing that the appropriate fire department has reviewed and approved this street section unless otherwise approved by the District. 9. Extend San Marino Street from the east property line approximately 1,260-feet north of McMillan Road, as proposed. 10. Extend West Cosenza Street from the east property line approximately 710-feet south of the north property line, as proposed 11. Extend West Malta Drive from the east property line approximately 125-feet south of the north property line, as proposed. 12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum fuming radius of 45-feet. 13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed. Provide a minimum 21-foot street section (measured back-of--curb toback-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. 14. Construct a driveway on the west side of East Carrara Drive approximately 230- feet north of McMillan Road, as proposed 15. Constmct a driveway on the east side of East Canaza Drive approximately 350- feet north of McMillan Road, as proposed 16. Construct a driveway on the east side of East Carrara Drive approximately 750- feet north of McMillan Road, as proposed. 17. Construct a driveway on the north side of East Carraza Drive approximately 180- feet east of Ten Mile Road, as proposed. 18. Construct a driveway on the north side of East Carrara Drive approximately 340- feet east of Ten Mile Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 19. Construct a driveway on the north side of East Carrara Drive approximately 500- feet east of Ten Mile Road, as proposed. 20. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 21. Construct a southbound tum lane at the intersection of Bellagio Drive and Ten Mile Road. Coordinate the design of the tum lane with District staff. 22. Construct a southbound turn lane at the intersection of Carraza Drive and Ten Mile Road. Coordinate the design of the tum lane with District staff. 23. Construct an eastbound left-turn lane at the intersection of Cazraza Drive and McMillan Road. Coordinate the design of the tum lane with District staff. 24. Construct a westbound right-tum lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 25. Enter into a development agreement with ACHD that outlinesright-of--way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 26. The applicant is donating 13 feet of additional right-of--way subject to receiving a credit against extraordinary impact fees, if such extraordinary impact fees are imposed on this development. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 27. Other than the access points specifically approved with this application, direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited. Notes of this shall be noted on the final plat. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 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 7 OF 24 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction 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 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTi' PAGE 8 OF 24 11. Any change by the applicant in the planned use of the properly 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. C. 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 and office 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. (see letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 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 through 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 on both sides. The typical collector street with a width of 29' will be required to have restricted pazking to only one side. UFC 902.2.2.1 (See letter F. herein below pursuant to Council action taken at their May 13, 2003 meeting.) 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 tumazound. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 24 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 174-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 504 residents at build out. The 6 office lots will have an unknown transient populafion and will have an unlrnown impact on Meridian Fire Department call volume. D. 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. SEormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and azchitects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the McMullen, and Hudson #33. 2. A license agreement will need to be signed and recorded prior to construction of any S.LD. facilities. 3. All storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 24 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the action of the Council taken at their May 13, 2003 meeting as follows: 1. The applicant's project does not warrant a signal; however, future development of the community park may require signalization. The funding of any Opticom improvements should be borne by the heavy traffic generator. 2. All internal roads will be a minimum of 36' back of curb to back of curb. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features as required. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential" with a portion of the subdivision located within a neighborhood Center. 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 land use exceptions in addition to the aforementioned reduced lot sizes, reduced street frontages, reduced setbacks, and block lengths in excess of 1,000 feet. The proposed office land use exceptions are not in compliance with the Comprehensive Plan, but are permitted through section 12-6-3 of the Planned Development Ordinance. If the project is approved as a Planned Development, it will be excluded from several of the minimum requirements of the MCC. 16. It is found that the proposed residential subdivision use will be harmonious with the intended character of the area, but will change the existing rural character of the general vicinity, with the exception of Lochsa Falls and Bridgetower subdivisions that lie adjacent to the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 24 development. 17. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; and it is not anticipated that the proposed use would 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, if the requirements of ACHD, the Fire Deparhnent and the City are met by the applicant. 19. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 20. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 21. It is found that the proposed vehicular approaches off of existing arterial streets will not create interference with the existing public street system if designed and constructed in compliance with ACHD requirements. ACHD did submit a report for the project and review of said report will provide additional information. 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 by the issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 CONCLUSIONS 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. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 24 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, pazks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 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 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 § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 24 recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: 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 properly; 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 standazds than those generally required, in this Ordinance. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 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 on the northeast corner of W. McMillan Road and N. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (Conditional Use Pennitl 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. Anew detailed Conditional Use Permit will be required prior to development of any of the office/church uses within Verona Subdivision. 4. Construction of the proposed multi-use pathway and landscaping of the parkway between the multi-use pathway and W. Bellagio and W. Malta Drive shall be completed prior to occupancy of homes constructed in the first phase of the proposed development. 5. Fencing adjacent to micro-paths shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet of lattice work to be placed on top of the solid fence. 6. A planned sign program shall be required for the commercial portions of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 24 B. Adopt the Recommendations of ACfID as follows: Site Specific Conditions of Approval 1. Dedicate 38-feet ofright-of--way from the centerline of Ten Mile Road (an additional 13-feet ofright-of--way) and place the sidewalk within an easement on the proposed common lot (a minimum of 41-feet from centerline, as proposed. If the applicant wishes to consider other options for the right-of--way and construction of sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding for Consideration #2. 2. The applicant shall do one of the following: a. Dedicate by donation an additional 10-feet ofright-of--way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of Ten Mile Road, as proposed. 4. Construct a main entrance, Can•aza Drive, to intersect Ten Mile Road approximately 850-feet north of McMillan Road, as proposed. 5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road approximately 140-feet south of the north property line, as proposed. 6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk on the south side of the roadway and a 10-foot detached asphalt pathway on the north side of the roadway within 50-feet ofright-of--way with no front on housing, as proposed. Provide the District with an easement for the sidewalk that will extend outside of the right-of--way. Direct access and parking is prohibited on West Bellagio Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 24 7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-of--way. 8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5-foot- attached sidewalks within 50-feet ofright-of--way, as proposed. Provide the District with documentation showing that the appropriate fire department has reviewed and approved this street section. 9. Extend San Marino Street from the east property line approximately 1,260-feet north of McMillan Road, as proposed. 10. Extend West Cosenza Street from the east property line approximately 710-feet south of the north property line, as proposed 11. Extend West Malta Drive from the east property line approximately 125-feet south of the north property line, as proposed. 12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed. Provide a minimum 21-foot street section (measured back-of--curb toback-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. 14. Construct a driveway on the west side of East Carrara Drive approximately 230-feet north of McMillan Road, as proposed 15. Construct a driveway on the east side of East Carrara Drive approximately 350-feet north of McMillan Road, as proposed 16. Construct a driveway on the east side of East Carrara Drive approximately 750-feet north of McMillan Road, as proposed. 17. Construct a driveway on the north side of East Carrara Drive approximately 180-feet east of Ten Mile Road, as proposed. 18. Construct a driveway on the north side of East Carrara Drive approximately 340-feet east of Ten Mile Road, as proposed. 19. Construct a driveway on the north side of East Carrara Drive approximately 500-feet east of Ten Mile Road, as proposed. FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 24 20. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 21. Construct a southbound turn lane at the intersection of Bellagio Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 22. Construct a southbound tum lane at the intersection of Carrara Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 23. Construct an eastbound left-tum lane at the intersection of Canara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 24. Construct a westbound right-turn lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. 25. Enter into a development agreement with ACRD that outlines right-of--way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 26. The applicant is donating 13 feet of additional right-of--way subject to receiving a credit against extraordinary impact fees, if such extraordinary impact fees are imposed on this development. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 27. Other than the access points specifically approved with this application, direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited. Notes of this shall be noted on the final plat. 28. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 24 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 20 OF 24 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. C. 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 auerage of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office 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. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 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 through 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 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 (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 8. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction 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 turnaround. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTT PAGE 21 OF 24 11. The proposed 174-lot subdivision with an esthmated 2.9 residents per household would have a total estimated population of 504 residents at build out. The 6 office lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volume. D. 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 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. E Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the McMullen, and Hudson #33. 2. A license agreement will need to be signed and recorded prior to construction of any S.LD. facilities. All storm drainage must beretained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure imgation system an agreement needs to be in place prior to the pre-construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 24 F. Adopt the action of the Council taken at their May 13, 2003 meeting as follows: 1. The applicant's project does not warrant a signal; however, future development ofthe community park may require signalization. The funding of any Opticom improvements should be borne by the heavy traffic generator. 2. All internal roads will be a minimum of 36' back of curb to back of curb. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a fmal action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ~~ By action of the City Council at its regular meeting held on the Z 7 ~ day of /'rC , 2003. ROLL CALL: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 COUNCILMAN KEITH BIRD VOTED~~- COUNCILWOMAN TAMMY deWEERD VOTED__~~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED~~-- COUNCILMAN WILLIAM L.M. NARY VOTED~~ MAYOR ROBERT D. LOBATE (TIE BREAKER) VOTED DATED: S Z ~O,j MOTION: APPROVED: ~ DISAPPROVED: Attest: William G. Berg, Jr, Mayor Robert D. Come `\~~~,Inln nl,,,, `~~°'~ Fo ~~AL ~~, , ~d i''sr ,~ . ~,~~,: a 7 ~ ~p ~~. Copy served upon Applicant, Planning Department and the City Attorney. By~,,,~....~/~I ~ih,. Dated: City Clerk Public Works S-ZS-O~ Z:\WorkNTMeridianVNeridian 15360IvAVerona Subdivision AZ-03-005 PP-03-003 CUP-03-0OTFfCIsCUP03-007.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 24 `~~gllt II 1111111~~ \~~\~~~J ~ ~EJj~f~, ~~%~ \ F~ ~~~~ ; ~,'o'c~~T 7~ ~~~'~o `, BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 5/13/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR VERONA SUBDIVISION IN AN R-8 ZONE, LOCATED ON THE NORTHEAST CORNER OF W. McMILLAN ROAD Case No. CUP-03-007 ORDER GRANTING CONDITIONAL USE PERMIT AND N. TEN MILE ROAD, MERIDIAN, H)AHO PRIMELAND DEVELOPMENT, LLP, APPLICANT This matter coming before the City Council on the May 13, 2003, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development in an R-8 zone located on the northeast comer of W. McMillan Road and N. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (Conditional Use Permit) ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 1 OF 9 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. Anew detailed Conditional Use Permit will be required prior to development of any of the office/church uses within Verona Subdivision. 4. Construction of the proposed multi-use pathway and landscaping of the pazkway between the multi-use pathway and W. Bellagio and W. MaltaDrive shall be completed prior to occupancy of homes constructed in the first phase of the proposed development. 5. Fencing adjacent to micro-paths shall be limited to 4 feet in height if solid fencing material is used, with the allowance for an additional 2 feet of lattice work to be placed on top of the solid fence. 6. A planned sign program shall be required for the commercial portions of the property. B. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval 1. Dedicate 38-feet ofright-of--way from the centerline of Ten Mile Road (an additional 13-feet ofright-of--way) and place the sidewalk within an easement on the proposed common lot (a minimum of 41-feet from centerline, as proposed. If the applicant wishes to consider other options for the right-of--way and construction of sidewallc on Ten Mile Road, the applicant may select one of the options found in Finding for Consideration #2. 2. The applicant shall do one of the following: a. Dedicate by donation an additional 10-feet ofright-of--way along McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. ORDER CONDITIONAL USE PERMTT (CUP-03-007) PAGE 2 OF 9 c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of Ten Mile Road, as proposed. 4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road approximately 850-feet north of McMillan Road, as proposed. 5. Constmct a main entrance, West Bellagio Drive, to intersect Ten Mile Road approximately 140-feet south of the north property line, as proposed. 6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot concrete sidewalk on the south side of the roadway and a 10-foot detached asphalt pathway on the north side of the roadway within 50-feet ofright-of--way with no front on housing, as proposed. Provide the District with an easement for the sidewallc that will extend outside of the right-of--way. Direct access and parking is prohibited on West Bellagio Drive. 7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-of--way. 8. Constmct the internal roadways as 33-foot street sections with curb, gutter and 5- foot-attached sidewalks within 50-feet ofright-of--way, as proposed. Provide the District with documentation showing that the appropriate fire department has reviewed and approved this street section unless otherwise approved by the District. 9. Extend San Marino Street from the east property line approximately 1,260-feet north of McMillan Road, as proposed. 10. Extend West Cosenza Street from the east property line approximately 710-feet south of the north property line, as proposed 11. Extend West Malta Drive from the east property line approximately 125-feet south of the north property line, as proposed. 12. Construct one cal-de-sac turnaround within the subdivision, as proposed. Provide a minimum taming radius of 45-feet. ORDER CONDTTIONAL USE PERMIT (CUP-03-007) PAGE 3 OP 9 13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed. Provide a minimum 21-foot street section (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. 14. Construct a driveway on the west side of East Carrara Drive approximately 230- feet north of McMillan Road, as proposed 15. Construct a driveway on the east side of East Carrara Drive approximately 350- feet north of McMillan Road, as proposed 16. Construct a driveway on the east side of East Carrara Drive approximately 750- feet north of McMillan Road, as proposed. 17. Construct a driveway on the north side of East Carrara Drive approximately 180- feet east of Ten Mile Road, as proposed. 18. Construct a driveway on the north side of East Carrara Drive approximately 340- feet east of Ten Mile Road, as proposed. 19. Construct a driveway on the north side of East Carrara Drive approximately 500- feet east of Ten Mile Road, as proposed. 20. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 21. Construct a southbound turn lane at the intersection of Bellagio Drive and Ten Mile Road. Coordinate the design of the tum lane with District staff. 22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten Mile Road. Coordinate the design of the turn lane with District staff. 23. Construct an eastbound left-tum lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the tum lane with District staff. 24. Construct a westbound right-tum lane at the intersection of Carrara Drive and McMillan Road. Coordinate the design of the turn lane with District staff. ORDER CONDTTIONAL USE PERMIT (CUP-03-007) PAGE 4 OF 9 25. Enter into a development agreement with ACRD that outlines right-of--way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 26. The applicant is donating 13 feet of additional right-of--way subject to receiving a credit against extraordinary impact fees, if such extraordinary impact fees are imposed on this development. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 27. Other than the access points specifically approved with this application, direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited. Notes of this shall be noted on the final plat. 28. 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 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 ACRD 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. ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 5 OF 9 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 #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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (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 (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 aze 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 properly 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. C. 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 and office 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 ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 6 OF 9 3. The fire deparhnent requests that any future signalizafion installed as the result of the development of this project be equipped with Cpticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. (See letter F. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.) 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 through the City Engineering Deparhnent. 6. All roads shall have a fuming radius of 28' inside and 48' outside. 7. All access roads within the project shall have a cleaz 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 sheet with a width of 29' will be required to have restricted parking to only one side. iJFC 902.2.2.1 (See letter F. herein below pursuant to Council action taken at their May 13, 2003 meeting.) 8. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins.lJFC 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 turnaround. 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 174-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 504 residents at build out. The 6 office lots will have an unlrnown transient population and will have an unknown impact on Meridian Fire Department call volume. D. 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. ORDER CONDTI'IONAL USE PERMIT (CUP-03-007) PAGE 7 OF 9 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subj ect project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E Adopt the Recommendations of Settlers' Irrigation District as follows: 1. That all irrigation drainage facilities along with their easements be protected and continue to function as such. The laterals involved are the McMullen, and Hudson #33. 2. A license agreement will need to be signed and recorded prior to construction of any S.I.D. facilities. 3. All storm drainage must be retained on-site. 4. Any changes to the existing irrigation system must be approved by Settlers Irrigation District. 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the action of the Council taken at their May 13, 2003 meeting as follows: 1. The applicant's project does not warrant a signal; however, future development of the community park may require signalization. The funding of any Opticom improvements should be borne by the heavy traffic generator. 2. All internal roads will be a minimum of 36' back of curb to back of curb. ORDER CONDITIONAL USE PERMIT (CUP-03-007) PAGE 8 OF 9 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 27~ day of ~ ~~,~ , 2003. ~ ~ F~1r.~~2~ Robert D. Corrie, Mayor City of Meridian Attest ,\~~~~ npi r~nq~~ `~~~~ (~ ~RPORq r 9'L '. ~ FO ` ~ SEAL William G. Berg, 7r., City Jerk s ~ 1$~ ~ ,. Copy served upon Applicant, the Planning and City Attorney. Department, Public Works Department By: A~G~" City Clerk ,~ 2B -03 Z:\WorkVMMeridianVvferidian 15360MNerona Subdivision AZ-03-005 PP-03-003 COP-03-0OTOrderCOP.doc ORDER CONDTl'IONAL USE PERMIT (CUP-03-007) PAGE 9 OF 9 ,`\,`~~aawuuu„~ , s~~L $~, ~.( g ~P ,~ ~~ ~r t -J ~ ' ~ `\ry~ ~irra4''( ~• ~~lr~Zlr~h`ka'Yue:1'iiiil~jlv~wA ~