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HomeMy WebLinkAboutCherry Crossing CUP 03-013BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/27/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL U5E PERMIT TO MODIFY OPERATIONAL HOURS AND CHANGE BUIDING PLACEMENT FROM ORIGINAL APPROVED CUP IN A C-N ZONE, LOCATED ON THE NORTHWEST CORNER OF CHERRY LANE AND CINDER ROAD, MERIDIAN, IDAHO Case No. CUP-03-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT HAWHINS COMPANIES, 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 Anna Powell Planning Director for the Planning and Zoning Department, and Brian Huffaker, 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 23. FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for 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 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 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 a C-N 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 northwest corner of Cherry Lane and Linder Road, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 2 OF 23 Meridian, Idaho. 5. .The owner of record of the subject property is Boise Surplus 2002 LLC, 8645 W. Franklin Road, Boise, Idaho 83709. 6. Applicant is Hawkins Companies, 8645 W. Franklin Road, Boise, Idaho 83709. The subject property is currently zoned C-N (Neighborhood Business District). The zoning district of C-Nis defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit to modify operational hours and change building placement from original approved Conditional Use Permit in a C-N zone. The C-N 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 "Commercial". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 services regtired 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 j urisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as folloevs: 1. Future drive-thru for the Pizza Hut is not approved by the Planning and Zoning Commission or the City Council. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all of the requirements of the previously approved Non- Development Agreement, Final Plat and Conditional Use Permit, unless modified below, as a condition of the revised approval for this Planned Development. 2. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 3. The applicant shall submit across-parking/cross-access agreement for the project. Submit a copy of the recorded agreement to the Planning and Zoning Dept. prior to issuance of the first occupancy. 4. mw r a ' w w n w .~ ..,.,va +„ ,. ,.:a „ .,Fl:,....,:.ti „ 2~"" rr" ^* .o (Planning and Zoning Commission voted to not approve the future drive drive-thru for the Pizza Hut.) 5. Hours of Operation shall be as follows: Pharmacy/Retail: 24 hours/day, 7 days/week Fast food restaurant: Sunday-Thursday, 8:00 AM to 11:00 PM Friday-Saturday, 8:00 AM to 1:00 AM Retail and Office/Retail: Monday-Thursday, 8:00 AM to 10:00 PM Friday-Saturday, 8:00 AM to 12:00 AM Sunday, 9:00 AM to 9:00 PM FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 6. Landscaping is approved as submitted, with the addition of four planters in the pazking lot as follows: (1) at the northeast corner and (2) southwest corner of the pharmacy/retail building (B), (3) neaz the entrance to the fast food restaurant, and (4) at the south end of the four stalls along the west property line. 7. All development shall comply with the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire prof ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If storm drainage will not be retained on site, a Land Use Change/Site application is required t o b e filed w ith N ampa & M eridian I rrigation D istrict. A 111 aterals and wasteways are to be protected. E. Adopt the Recommendations of ACHD as follows: The following Site Specif c Requirements and Standard Regaairemerats marst be met a~ provided for prior to ACHD approval of the final plat: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 Site Specific Requirements 1. Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-o f-way dedicated which is an addition to existing ACRD right-of-way if the owner submits s letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 oFACHD Ordinance #193. 2. 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. 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct aright-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-inhight-oui operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cherry Lane located approximately 4?0-feet west of Linder Road, as proposed. 7. Construct aright-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 10. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road is approved with this application. 11. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 12. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 13. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not arequirement -applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed. 15. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 16. Construct an ACRD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a locallcommercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard local 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 19. Construct the turnarounds to provide a minimum turning radius of 45-feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the ttrrrrarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet ofright-of--way plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 20. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 21. Provide 100-feet of stacking distance from any drive-thru windows to the public roadway system. 22. Any existing irrigation facilities shall be relocated outside of the right-of--way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action. do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its orieinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 3. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 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. 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 ACRD conduits (spare or filled) aze compromised during any phase of construction. 8. 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. 9. 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. F. Adopt the Recommendations of Sanitary Service as follows: Sanitary Service will be holding the application for further waste service review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 G. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: For clarification, to accommodate the removal of the house on Linder Road, either by the Meridian Fire Department or by some other means, the removal shall be no later than February 1, 2004. Since the present house encroaches the 25 foot landscape buffer by about 7 feet, or however long the house is, the applicant shall be allowed a delay in the perimeter landscaping berms only until the house has been removed to prevent damage if landscaping were presently required. Additionally, the other required landscaping shall be required to be completed as required within the non-development agreement, along with any other required conditions. 2. The revised Site Plan dated 05/20/03 is approved. 14. It is found that the subject property is large enough to accommodate the requested uses and all other required features. Two of the individual pad sites are under parked. However, the site overall has 22 parking spaces more than are required. Thus, the site is deemed to have ample parking if across-parking/cross-access agreement is recorded for the project. 15. The current Comprehensive Plan Land Use Map designates the property as "Commercial". It is found that the proposed retail, pharmacy, office, and fast food restaurant uses are harmonious with and in accordance with the Comprehensive Plan. 16. 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. 17. It is not anticipated that the revised project will have an adverse impact on other properties within the vicinity. 18. It is found that the revised development plans will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 19. That the proposed use will not create excessive additional requirements at public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 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 similaz levels of traffic and noise in the general vicinity of the revised project when compared to the original project. Further it is found that approval of the revised project will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. Potential noise impacts from the drive-thnx windows should be lessened under the proposed application for the residential properties to the north. The proposal to shift the fast food restaurant from its prior approved location to Cheny Lane will increase the distance from the proposed drive-throughs to the residences to the north. A masonry wall has been recently built between the commercial property and the residences to the west. 21. It is found that the proposed use and vehicular approaches will not create significant interference with any traffic on the surrounding public streets. It is found that a potential conflict between the proposed fast food drive-through location and the westernmost vehicular access from Cheny Lane could occur. It is recommended revision of the layout of the proposed future drive-through. Review of the ACRD report for the project will provide additional information. 22. It is found 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. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §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 maybe required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 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 vehiculaz 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 Neighborhood Business (C-N), 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 recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 public hearing the Commission shall, transmit its reconunendations 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 applicatioh shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian. City Code § 11-17-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 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 to modify operational hours and change building placement from original approved conditional use permit in a C-N zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Future drive-thru for the Pizza Hut is not approved by the Planning and Zoning Commission or the City Council. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all of the requirements of the previously approved Non- Development Agreement, Final Plat and Conditional Use Permit, unless modified below, as a condition of the revised approval for this Planned Development. 2. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 3. The applicant shall submit across-parking/cross-access agreement for the project. Submit a copy of the recorded agreement to the Planning and Zoning Dept. prior to issuance of the first occupancy. . (Planning and Zoning Commission voted to not approve the future drive drive-thru for the Pizza Hut.) Hours of Operation shall be as follows: Pharmacy/Retail: 24 hours/day, 7 days/week Fast food restaurant: Sunday-Thursday, 8:00 AM to 11:00 PM Friday-Saturday, 8:00 AM to 1:00 AM Retail and Office/Retail: Monday-Thursday, 8:00 AM to 10:00 PM Friday-Saturday, 8:00 AM to 12:00 AM FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTT PAGE 15 OF 23 Sunday, 9:00 AM to 9:00 PM 6. Landscaping is approved as submitted, with the addition of four planters in the parking lot as follows: (1) at the northeast corner and (2) southwest corner of the pharmacy/retail building (B), (3) near the entrance to the fast food restaurant, and (4) at the south end of the four stalls along the west property line. All development shall comply with the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thnx the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If storm drainage will not be retained on site, a Land Use Change/Site application is required t o b e filed w ith N ampa & M eridian I rrigation D istrict. A 111 aterals and wasteways are to be protected. E. Adopt the Recommendations of ACHD as follows: The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 Site Specific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACI-ID right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 ofACHD C7dinance #193. 2. 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. 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cheny Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct aright-in/right-out driveway on Cherry Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cheny Lane located approximately 470-feet west of Linder Road, as proposed. 7. Construct aright-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cherry Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 10. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road is approved with this application. 11. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 12. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. 13. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not arequirement -applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed 15. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 16. Construct an ACHD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard loca136-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 19. Construct the turnarounds to provide a minimum fuming radius of 45-feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-squaze foot area. Dedicate 54-feet ofright-of--way plus the additional width of the median. 20. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIlT PAGE 18 OF 23 21. Provide 100-feet of stacking distance from any drive-thru windows to the public roadway system. 22. Any existing irrigation facilities shall be relocated outside of the right-of--way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Standazd Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written reauest shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regazding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its orieinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 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 confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. 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 (spare or filled) are compromised during any phase of construction. 8. 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. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propertyunless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F: Adopt the Recommendations of Sanitary Service as follows: Sanitary Service will be holding the application for further waste service review. G. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: For clarification, to accommodate the removal of the house on Linder Road, either by the Meridian Fire Department or by some other means, the removal shall be no FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 later than February 1, 2004. Since the present house encroaches the 25 foot landscape buffer by about 7 feet, or however long the house is, the applicant shall be allowed a delay in the perimeter landscaping berms only until the house has been removed to prevent damage if landscaping were presently required. Additionally, the other required landscaping shall be required to be completed as required within the development agreement, along with any other required conditions. 2. The revised Site Plan dated 05/20/03 is approved. 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 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 decrial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 By action of the City Council at its regular meeting held on the l ©y~ day of C~w~- , 2003. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~~" VOTED_L VOTED VOTED~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~iL-/O-Q3 MOTION: APPROVED: DISAPPROVED: i Mayor Robert D. Come Attest: ~~~~~"OFuM'~R//~~~~~~i c? \~,°e~°R°r~ ~' SEAL William G. Berg, Jr., City C rk ~ '~ %9pGC~Tis~~,~~0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 22 OF 23 Copy served upon Applicant, Planning and Zoning Department, Public Works Deparhnent and the City Attorney. By: City Clerk Z:\WorldMVvleridian\Meridian 15360M\Cheny Crossing CUP 03 013\FtCIsCUP03-D13.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE MERIDIAN CITY COUNCIL C/C OS-27-03 IN THE MATTER OF THE APPLICATION OF ) HAWHINS COMPANIES, REQUEST FOR ) CONDITIONAL USE PERMIT TO MODIFY ) OPERATIONAL HOURS AND CHANGE BUILDING ) PLACEMENT FROM ORIGINAL APPROVED CUP ) IN A C-N ZONE, LOCATED ON THE NORTHWEST ) CORNER OF CHERRY LANE AND CINDER ROAD, ) MERIDIAN, IDAHO ) CASE NO. CUP-03-013 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, HAWKINS COMPANIES, is granted a conditional use to modify operational hours and change building placement from original approved Conditional Use Permit in a C-N zone, located on the northwest corner of Cherry Lane and Linder Road, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit to modify operational hours and change building placement from original approved Conditional Use Permit in a C-N zone, located on the northwest comer of Cherry Lane and Linder Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Future drive-thm for the Pizza Hut is not approved by the Planning and Zoning ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 1 OF 8 Commission or the City Council. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Applicant shall meet all of the requirements of the previously approved Non- DevelopmentAgreement, Final Plat and Condifional Use Permit, unless modified below, as a condition of the revised approval for this Planned Development. 2. All signage within the development shall be subject to a planned sign program per MCC 11-14-9E. 3. The applicant shall submit across-parking/cross-access agreement for the project. Submit a copy of the recorded agreement to the Planning and Zoning Dept. prior to issuance of the first occupancy. 4. . (Planning and Zoning Commission voted to not approve the future drive drive-thru for the Pizza Hut.) 5. Hours of Operation shall be as follows: Pharmacy/Retail: 24 hours/day, 7 days/week Fast food restaurant: Sunday-Thursday, 8:00 AM to 11:00 PM Friday-Saturday, 8:00 AM to 1:00 AM Retail and Office/Retail: Monday-Thursday, 8:00 AM to 10:00 PM Friday-Saturday, 8:00 AM to 12:00 AM Sunday, 9:00 AM to 9:00 PM 6. Landscaping is approved as submitted, with the addition of four planters in the parking lot as follows: (1) at the northeast comer and (2) southwest corner of the pharmacy/retail building (B), (3) near the entrance to the fast food restaurant, and (4) at the south end of the four stalls along the west property line. All development shall comply with the Americans with Disabilities Act. C. Adopt the Recommendations of the Meridian Fire Department as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 2 OF 8 1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protecfion will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Deparment thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: If storm drainage will not be retained on site, a Land Use Change/Site application is required t o b e filed w ith N ampa & M eridian I rrigation D istrict. A 111 aterals a nd wasteways are to be protected. E. Adopt the Recommendations of ACHD as follows: The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the foal plat: Site Specific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 3 OF 8 2. 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. 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct aright-in/right-out driveway on Cheny Lane located approximately 220-feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cherry Lane located approximately 470-feet west of Linder Road, as proposed. 7. Construct aright-in/right-out driveway on Linder Road located approximately 285-feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485-feet north of Cheny Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 10. The driveway on Emerald Falls Drive located approximately 150-feet west of Linder Road is approved with this application. 11. Pave the driveways their full width of 30 to 35-feet in width and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15-foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 4 OF 8 12. Provide a recorded cross access easement for the pazcels within the subdivision to utilize for access to the public streets. 13. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. (This is not arequirement -applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed. 15. Extend Emerald Falls Court into the site at the north property line and end it in a cal-de-sac as proposed. 16. Construct an ACRD approved tumazound at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a locaUcommercial street extending from Linder Road to the west approximately 150-feet. The remainder of the roadway to the west shall taper into a standard loca136-foot street section with curb, gutter and 5-foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 19. Construct the tumarounds to provide a minimum taming radius of 45-feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-squaze foot area. Dedicate 54-feet ofright-of--way plus the additional width of the median. 20. Any proposed landscape islands/medians within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the fmal plat. 21. Provide 100-feet of stacking distance from any drive-thru windows to the public roadway system. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 5 OF 8 22. Any existing irrigation facilities shall be relocated outside of the right-of--way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACI-ID Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its ori¢inal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees aze required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 6 OF 8 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. 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. 8. 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. 9. 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, ordmances, 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. F. Adopt the Recommendations of Sanitary Service as follows: Sanitary Service will be holding the application for further waste service review. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 7 OF 8 G. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: 1. For clarification, to accommodate the removal of the house on Linder Road, either by the Meridian Fire Department or by some other means, the removal shall be no later than February 1, 2004. Since the present house encroaches the 25 foot landscape buffer by about 7 feet, or however long the house is, the applicant shall be allowed a delay in the perimeter landscaping berms only until the house has been removed to prevent damage if landscaping were presently required. Additionally, the other required landscaping shall be required to be completed as required within the non-development agreement, along with any other required conditions. 2. The revised Site Plan dated 05/20/03 is approved. 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 tTo the permit. By action of the City Council at its regular meeting held on the ~ day of r/~ , 2003. Attest: G. Berg, Jr., Copy served upon Applicant, the and City Attorney. ~~ OPp~9l~ SEAL o~ ,~// 'Sr tss 1. By City Clerk Z:\Work\M1MeridianVvleridian 15360M\Cherry Crossing CUP 03 Public G~ ~GpRPCKtq l`c0 ti ~ - 9 ~~ "9p c~sr is~ , `2O _ q OP,\, ~~/7R~n 11 inu~r~\ Dated: ~ ~Z-~3 Ol3\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HAWKINS COMPANIES FOR CHERRY CROSSING (CUP-03-013) PAGE 8 OF 8