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HomeMy WebLinkAboutFairview Lakes CUP 03-014BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/27/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A REDUCTION OF APPROVED 192 UNIT APARTMENT COMPLEX TO 96 UNITS AND ALLOWING A 55,000 S.F. OFFICE PARK IN AN R-40, C-G AND C-N ZONES, LOCATED AT 824 E. FAIRVIEW AVENUE, MERIDIAN, IDAHO Case No. CUP-03-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FAIRVIEW LAKES, LLC, APPLICANT The above entitled conditional use permit application having come before the City Council on May 27, 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, Anna Powell Planning Director for the Planning and Zoning Department, and Doug Tamura, 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 CONDITIONAL USE PERMIT PAGE 1 OF 22 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 27, 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 fifreen (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 corisidered by the City Council at the May 27, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in R-40 (High Density Residential), C-G (General Retail & Service Commercial), and C-N (Neighborhood Business) zones and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 2 OF 22 4. The property is located at 824 E. Fairview Avenue, Meridian, Idaho. 5. The owner of record of the subject property is Fairview Lakes, LLC, 111 Auto Drive, Boise, Idaho 83709. 6. Applicant is same as owner of record. The subject property is currently zoned R-40 (High Density Residential), C-G (General Retail & Service Commercial), and C-N (Neighborhood Business). The zoning districts of R-40, C-G, and C-N are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The proposed application requests a conditional use permit for a reduction of approved 192 unit apartment complex to 96 units and allowing a 55,000 s.f. office park in an R- 40, C-G and C-N zones. The requested modifications to the original Conditional Use Permit 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 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 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. The Conditional Use Permit modifications are for the apartment complex changes and the additional office buildings only, all other portions of the project are approved as conceptual in nature only. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all ofthe requirements of the previously approved Development Agreement, P reliminary P lat a nd C onditional U se P ermit, u nless m odified below, as a condition of the approval for this Planned Development. 2. Revise section 4.1 on page 4 of the Development Agreement to reflect the changes requested by the applicant, including the reduction of apartment units from 192 units to 96 and up to 25 free-standing office buildings. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 5. The landscaping plan (for the revised portion of the property) is not approved as submitted. Ten copies of a revised landscaping plan shall be submitted to staff with the following revision: add a landscape buffer to break up the south-west 15 parking stalls lineally arranged. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 6. The revised concept development plan, Sheet SDS.Q, dated 2-11-03, is approved as submitted. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a cleaz driving surface which is 20' wide. UFC 902.2.1 7. Provide an approved turn around for any street, which exceeds 150' in length as a result of the phasing of the project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. 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 emergencymedicalservfce vehicles. This cost ofthis installation is to be borne by the developer D. Adopt the Recommendations of ACRD as follows: Site Snecific Conditions of Approval The applicant shall do one of the following: Dedicate by donation an additional 5-feet ofright-of--way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 minimum of 53-feet from the centerline of the right-of--way Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of--way, in an easement provided to the District. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct and install the signal and any related roadway improvements that aze necessary for the proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. 3. Construct a commerciaUindustrial roadway that intersects with Fairview Avenue 310-feet east of the west property line, as proposed. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet ofright-of--way, as proposed. The portion of the commerciaUindustrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 5. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the east property line, as proposed. 6. Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-feet north of Fairview Avenue, as proposed. 7. Construct two 17-foot wide driveway to intersect the commercial/industrial roadway approximately 175-feet north of Fairview Avenue, as proposed. 8. Construct a 21-foot wide driveway to intersect the commerciaUindustrial roadway approximately 235-feet north of Fairview Avenue, as proposed. 9. Construct a 22-foot wide driveway to intersect the commerciaUindustrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 11. Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east of the commerciaUindustrial roadway that extends from Fairview Avenue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commerciaUindustrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 30-foot wide driveway located on the east side of the commerciaUindustrial roadway just north of the proposed roundabout, as proposed. 15. Construct a 30-foot wide driveway located on the west side of the commerciaUindustrial roadway just north of the proposed roundabout, as proposed. 16. Construct a 30-foot wide driveway located on the east side of the commerciaUindustrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 17. Construct a 30-foot wide driveway located on the west side of the commerciaUindustrialraadway approximately 160-feet north of the proposed roundabout, as proposed. 18. 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. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-of--way, as proposed. 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the tumaround. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 22. Provide a permanent "hammerhead" easement to the District at the terminus of the commerciaUindustrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. 23. Construct a roundabout within the commercial/industrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either side of the center island. Dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. 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 damage 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. 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. 5. 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. 6. 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. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 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. 9. 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. 10. 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. E. Adopt the Recommendations of Sanitary Service as follows: For clarification, the applicant did state at the Council meeting held on May 27, 2003 that the landscape islands can be expanded in the parking areas to accommodate the required trash enclosures. Amore detailed site plan showing the trash enclosures shall be submitted for approval. F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: The developer shall be required to coordinate with the Ada County Highway District pertaining to constructing a clearly designated pedestrian crossing for pathways wherever the pedestrian path crosses a street. 2. A 25' landscape buffer is required along the east side of the prof ect and a 20' landscape buffer is required on the west side of the project. The developer shall be required to work with the Ada County Highway District on getting a license agreement, and constructing a landscape strip next to the road where tree landscaping and lighting shall be provided for the separated sidewalk on both sides, and which shall be constructed up to the multi-family site. Additionally, the developer shall make the cul-de-sac large enough so that a signage water feature amenity will be incorporated in the middle of the cul-de-sac for the office complex. A revised Landscape Plan showing the parking island shall be submitted for approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 13. It is found that the subject property is lazge enough to accommodate the requested use and all other required features. Apart of the submitted landscape plan is conceptual and appeazs to meet the requirements of the Landscape Ordinance, and the remainder of the plan is identical to the detailed planned development landscape plan previously submitted for the apartment complex. Anew detailed landscaping and parking plan will be required with a new preliminary plat or conditional use permit application in the future for the office park. 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". It is found that the proposed reduction in residential units and the additional office uses are harmonious with and in accordance with the Comprehensive Plan. 15. It is found that the revisions to the proposed mixed use 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 adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found 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 welfaze of the community. 19. It is found that there will be similar levels of traffic and noise in the general vicinity of the revised project when compared to the original project. It is further found that approval of the revised project will not lead to a major increase in smoke fumes, glaze, odors or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 20. It is found that the proposed use and vehicular approaches will not create significant interference with traffic on the surrounding public streets. Review of ACHD report for the project will provide additional information. 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 by issuance of this conditional use. 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). 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, constnzction, 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 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 R-40 (High Density Residential), C-G (General Retail & Service Commercial), and C-N (Neighborhood Business), a public hearing shall be conducted with notice to be published and provided to property owners or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 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 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a planned development for Fairview Lakes in R-40, C-G and C-N zones located at 824 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. The Conditional Use Permit modifications are for the apartment complex changes and the additional office buildings only, all other portions of the project are approved as conceptual in nature only. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 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 ermit, u nless m odified below, as a condition of the approval for this Planned Development. 2. Revise section 4.1 on page 4 of the Development Agreement to reflect the changes requested by the applicant, including the reduction of apartment units from 192 units to 96 and up to 25 free-standing office buildings. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 5. The landscaping plan (for the revised portion of the property) is not approved as submitted. Ten copies of a revised landscaping plan shall be submitted to staff with the following revision: add a landscape buffer to break up the south-west 15 pazking stalls lineally arranged. 6. The revised concept development plan, Sheet SD5.0, dated 2-11-03, is approved as submitted. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface which is 20' wide. UFC 902.2.1 7. Provide an approved tum around for any street, which exceeds 150' in length as a result of the phasing of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 15 OF 22 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be home by the developer D. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval The applicant shall do one of the following: Dedicate by donation an additional 5-feet ofright-of--way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of--way. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of--way, in an easement provided to the District. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commerciaUindustrial roadway that extends north into the site. 3. Construct a commerciaUindustrial roadway that intersects with Fairview Avenue 310-feet east of the west property line, as proposed. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet ofright-of--way, as proposed. The portion of the commerciaUindustrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 5. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the east property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 6. Construct a 25-foot wide driveway to intersect the commerciaUindustrial roadway approximately 54-feet north of Fairview Avenue, as proposed. 7. Construct two 17-foot wide driveway to intersect the commercial/industrial roadway approximately 175-feet north of Fairview Avenue, as proposed. 8. Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-feet north of Fairview Avenue, as proposed. 9. Construct a 22-foot wide driveway to intersect the commerciaUindustrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet to extend directly north of the commerciaUindustrial roadway and proposed to intersect the northern portion of the cul-de-sac. 11. Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east of the commerciaUindustrial roadway that extends from Fairview Avenue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the commerciaVindustrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commerciaUindustrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commerciaUindustrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 30-foot wide driveway located on the east side of the commerciaUindustrial roadway just north of the proposed roundabout, as proposed. 15. Construct a 30-foot wide driveway located on the west side of the commerciaUindustrial roadway just north of the proposed roundabout, as proposed. 16. Construct a 30-foot wide driveway located on the east side of the commerciaUindustrial roadway approximately 160-feet north of the proposed roundabout, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 17. Construct a 30-foot wide driveway located on the west side of the commerciaUindustrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 18. 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. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-of--way, as proposed. 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnazound on Clarene Street due to the fact that the District will be unable to access the turnazound. 22. Provide a permanent "hammerhead" easement to the District at the terminus of the commerciaUindustrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. 23. Construct a roundabout within the commercial/industrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either side of the center island. Dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. Comply with all Standazd 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 damage 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 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. 5. 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. 6. 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. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 8. 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. 9. 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. 10. 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. E. Adopt the Recommendations of Sanitary Service as follows: For clarification, the applicant did state at the Council meeting held on May 27, 2003 that the landscape islands can be expanded in the parking areas to accommodate the required trash enclosures. Amore detailed site plan showing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 the trash enclosures shall be submitted for approval. F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: The developer shall be required to coordinate with the Ada County Highway District pertaining to constructing a clearly designated pedestrian crossing for pathways wherever the pedestrian path crosses a street. 2. A 25' landscape buffer is required along the east side of the project and a 20' landscape buffer is required on the west side of the project. The developer shall be required to work with the Ada County Highway District on getting a license agreement, and constructing a landscape strip next to the road where tree landscaping and lighting shall be provided for the separated sidewalk on both sides, and which shall be constructed up to the multi-family site. Additionally, the developer shall make the cul-de-sac large enough so that a signage water feature amenity will be incorporated in the middle of the cul-de-sac for the office complex. A revised Landscape Plan showing the parking island shall be submitted for approval. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 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 withintwenty-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 ~ ~ day of p U/n~ , 2003. ROLL CALL: COUNCILMAN KETI'H BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED_~~!'~"~ VOTED_1?~ VOTED__ J VOTED~ti MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 6-~O ~~3 MOTION: APPROVED: ~ DISAPPROVED: ayor obert D. Come FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 22 Attest: `~~u~u~enui+++„~ `~~~~y OF ME/?r~~a+.~' ,o CciRFOr~,g\'fv' J e_ _ _ l f^ ~~i? k.i ~; _ g liam G. Berg, 7r., City C rk 9 ~ ;~ '`„O \ ' ~ . 9 T 1Sj • O Copy served upon Applicant, Planning and Zoning D~~i&~hn~etlt;~~ublic Works Department and the City Attorney. ~~~«""""""+++, ~` ~ OF M~~ ~ ~~ •`~ ~~ ~ -y ''% ` G pRPOFtq ~i T ~~'/,/® // h/ ~®~ ~, Bv: er.+eTDate ~ lZ~3 ...~y ...~.n v ~ ~c ,~' ':,90 ~r is~ • ,Z~ '., '9 ~, \~Q.\.,~ Z:\WorkN•1VNeridian\Ivteridian 15360M\Fairview Lakes CUP (13~0J~}~i+r99WP0J-Q~Q.i~oc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 22 OF 22 BEFORE THE MERIDIAN CITY COUNCIL C/C OS-27-03 IN THE MATTER OF THE APPLICATION OF ) FAIRVIEW LAKES, LLC, FORA ) CONDITIONAL USE PERMIT FOR A REDUCTION ) OF APPROVED 192 UNIT APARTMENT COMPLEX ) TO 96 UNITS AND ALLOWING A 55,000 S.F. ) OFFICE PARK IN R-40, C-G AND C-N ZONES, ) LOCATED AT 824 E. FAIRVIEW AVENUE, ) MERIDIAN, IDAHO ) CASE NO. CUP-03-014 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 27`h 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, FAIItVIEW LAKES, LLC, is granted a conditional use for a reduction of approved 192 unit apartment complex to 96 units and allowing a 55,000 s.f. office park in R- 40, C-G and C-N zones, located at 824 E. Fairview Avenue, 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 reduction of approved 192 unit apartment complex to 96 units and allowing a 55,000 s.f. office park in R-40, C-G and C-N zones, located at 824 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Conditional Use Permit modifications are for the apartment complex changes and ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIRVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 1 OF 8 the additional office buildings only, all other portions of the project are approved as conceptual in nature only. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all ofthe requirements ofthe previously approved Development Agreement, P reliminary P lat a nd C onditional U se P ermit, a nless m odified below, as a condition of the approval for this Planned Development. 2. Revise section 4.1 on page 4 of the Development Agreement to reflect the changes requested by the applicant, including the reduction of apartment units from 192 units to 96 and up to 25 free-standing office buildings. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 5. The landscaping plan (for the revised portion of the property) is not approved as submitted. Ten copies of a revised landscaping plan shall be submitted to staff with the following revision: add a landscape buffer to break up the south-west 15 parking stalls lineally arranged. 6. The revised concept development plan, Sheet SD5.0, dated 2-11-03, is approved as submitted. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow as required bythe 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. ORDER OF CONDTTIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIRVIEW LAKES, LLC FOR FARNIEW LAKES (CUP-03-014) PAGE 2 OF 8 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface which is 20' wide. UFC 902.2.1 7. Provide an approved turn around for any street, which exceeds 150' in length as a result of the phasing of the project. 8. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opficom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer D. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Ap ru oval The applicant shall do one of the following: Dedicate by donation an additional 5-feet ofright-of--way along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of--way. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from the centerline of the right-of--way, in an easement provided to the District. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-FAIRVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 3 OF 8 2. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commerciaUindustrialrnadway that extends north into the site. 3. Construct acommercial/industrial roadway that intersects with Fairview Avenue 310-feet east of the west property line, as proposed. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet ofright-of--way, as proposed. The portion of the commerciaUindustrialraadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 5. Construct a 30-foot wide driveway to intersect Fairview Avenue approximately 205-feet west of the east property line, as proposed. 6. Construct a 25-foot wide driveway to intersect the commercial/industrial roadway approximately 54-feet north of Fairview Avenue, as proposed. 7. Construct two 17-foot wide driveway to intersect the commercial/industrial roadway approximately 175-feet north of Fairview Avenue, as proposed. 8. Construct a 21-foot wide driveway to intersect the commercial/industrial roadway approximately 235-feet north of Fairview Avenue, as proposed. 9. Construct a 22-foot wide driveway to intersect the commerciaUindustrial roadway that extends north from Fairview Avenue approximately 580-feet north of Fairview Avenue, as proposed. 10. Construct a driveway with a maximum width of 35-feet to extend directly north of the commerciaUindustrial roadway and proposed to intersect the northern portion of the cul-de-sac. 11. Construct a 27-foot wide driveway to intersect the commercial/industrial roadway that runs east and west and is proposed to be located approximately 50-feet east of the commerciaUindustrial roadway that extends from Fairview Avenue to the north, as proposed. 12. Construct a 20-foot wide driveway to intersect the commerciaUindustrial roadway that runs east and west and is proposed to be located approximately 255-feet east of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIRVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 4 OF 8 commerciaUindustrial roadway that extends from Fairview Avenue to the north, as proposed. 13. Construct a 25-foot driveway to intersect the commerciaUindustrial roadway that runs east and west and is proposed to be located approximately 430-feet east of the commerciaUindustrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 15. Construct a 30-foot wide driveway located on the west side of the commercial/industrial roadway just north of the proposed roundabout, as proposed. 16. Construct a 30-foot wide driveway located on the east side of the commercial/industrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 17. Construct a 30-foot wide driveway located on the west side of the commerciaUindustrial roadway approximately 160-feet north of the proposed roundabout, as proposed. 18. Pave the driveways their firll 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. 19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet ofright-of--way, as proposed. 20. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 21. Enter into a license agreement for the maintenance of the hammerhead turnaround on Clarene Street due to the fact that the District will be unable to access the turnaround. 22. Provide a permanent "hammerhead" easement to the District at the terminus of the commerciaUindustrial roadway and provide documentation to the District showing that this configuration has been reviewed and approved by the Meridian Fire Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIItVIEW LAKES, LLC FOR FARNIEW LAKES (CUP-03-014) PAGE 5 OF 8 23. Construct a roundabout within the commerciaUindustrial roadway approximately 530-feet north of Fairview Avenue. Design the roundabout with a minimum of 21-foot street sections on either side of the center island. Dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 24. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing imgation 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 damage 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. 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. 5. 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. 6. 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. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIItVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 6 OF 8 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 ACRD conduits (spare or filled) are compromised during any phase of construction. 9. 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. 10. 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. E. Adopt the Recommendations of Sanitary Service as follows: For clarification, the applicant did state at the Council meeting held on May 27, 2003 that the landscape islands can be expanded in the pazking areas to accommodate the required trash enclosures. Amore detailed site plan showing the trash enclosures shall be submitted for approval. F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: 1. The developer shall be required to coordinate with the Ada County Highway District pertaining to constructing a cleazly designated pedestrian crossing for pathways wherever the pedestrian path crosses a street. A 25' landscape buffer is required along the east side of the project and a 20' landscape buffer is required on the west side of the project. The developer shall be required to work with the Ada County Highway District on getting a license agreement, and constructing a landscape strip next to the road where tree landscaping and lighting shall be provided for the separated sidewalk on both sides, and which shall be constructed up to the multi-family site. Additionally, the developer shall make the cul-de-sac large enough so that a signage water feature ORDER OF CONDTTIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIltVIEW LAKES, LLC FOR FARIVIEW LAKES (CUP-03-014) PAGE 7 OF 8 amenity will be incorporated in the middle of the cul-de-sac for the office complex. A revised Landscape Plan showing the parking island shall be submitted for approval. 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__ t//o the permit. By action of the City Council at its regular meeting held on the `~~ day of V U~' , 2003. -, Ro ert D. ome, Mayor City of Meridian Attest: \``s,srr"OF ~ ~M~"~~~ ~~~ ~` ~y R/~i ''% ~ oaPOggr 9,L '~; _ ,~`' Fo ~~--~ 3EAL William G. Berg, Jr., City er 9G ~ _ c ,~' Copy served upon Applicant, the Planrift~C~li~Yni~J~epartment, Public G~~p~ifi~'I~U~ent and City Attorney. ~~u~iiii„n~ `\~~~y~F MER/d!''•,~~ .~ q~. .~ ~, GOFtPORq lF0 ~~' B ~ Dated: ~ l~"®-3 _ City Clerk 9 am G ~ ~, 9~ c~sr 3s~ • ~ P~~, ~i O Z:\WorkVvl\Meridian\Meridian 1536DM\Fairview Ickes CUP 03 014\CUPOrder.doc ~ ~ ~~ ~ '''~ COUNTS ' o•,` ~"'~n~~nin~n~~"r ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - FAIRVIEW LAKES, LLC FOR FARNIEW LAKES (CUP-03-014) PAGE 8 OF 8