HomeMy WebLinkAboutParamount Sub CUP 03-008BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 05/20/03
Revised 06/03/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR
PARAMOUNT SUBDIVISION IN
AN R-8, R-4Q L-O AND C-G ZONES,
LOCATED WITHIN THE SQUARE
MILE OF CHINDEN ROAD,
MERIDIAN ROAD, McMILLAN
ROAD, AND CINDER ROAD,
MERIDIAN, IDAHO
Case No. CUP-03-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
PARAMOUNT, LLC,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on May 20, 2003 and continued until June 3, 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, Brad Watson of the Public Works Deparhnent, Mike Wardle,
JoAnn Butler, Brian McColl, Ken Aschenbrenner, Becky McKay, Greg Johnson, David Turnbull,
and Bruce Mills, 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTIIONAL USE PERMIT - page i of 42
Wlt:
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 20, 2003 and continued
until June 3, 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 20, 2003 and continued until
June 3, 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.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
This proposed development request is in an RUT and Rl (Ada County) 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 CONDITIONAL USE PERMIT - page 2 of 42
4. The property is located within the square mile of Chinden Road, Meridian Road,
McMillan Road, and Linder Road, Meridian, Idaho.
5. The owners of record of the subject property are: Ron and Becky Hanks, 5120 N.
Linder Road, Meridian, Idaho 83642 (Pazcel No. x0425336040), Sheridan Kooyers, 5940 N.
Linder Road, Meridian, Idaho 83642 (Parcel No. x0425233800 and Pazcel No. x0425233875),
Meridian Joint School District No. 2, 911 N. Meridian Road, Meridian, Idaho (Parcel No.
x0425325460), Pazamount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713
(Parcel No. s0425 1 1 01 0Q Parcel No. x042 5 1 2060 5, Parcel No. x0425141825, Parcel No.
x0425141900, Parcel No, x0425233605, Parcel No. x0425233690, Parcel No. s0425233910,
Parcel No. x0425325470, and Parcel No, x0425336080), and Dwaine and Shazon Wolfe, 4895 N.
Meridian Road, Meridian, Idaho 83642, (Pazcel No. x0425131750, Parcel No. s0425417200, and
Parcel No. x0425427800). Applicant is Pazamount, LLC, 12426 W. Explorer Drive, Suite 220,
Boise, Idaho 83704.
6. Applicant is Paramount, LLC, whose address is 12426 W. Explorer Drive, Suite
220, Boise, Idaho 83713.
The subject property is currently zoned RUT and Rl by Ada County. There is,
however, an application for annexation and zoning to R-8 (Medium Density Residential), R-40
(High Density Residential), L-O (Limited Office) and C-G (General Retail and Service
Commercial) before the City Council. The zoning districts of R-8, R-4Q L-O and C-G are
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development consisting of 764 single-family residences, 73 townhomes, 270 aparhnents,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page g of 42
community center, schools and churches in proposed R-8, R-40, L-O and C-G zones for
Paramount Subdivision. The R-8, R-40, L-O and C-G zoning designations are within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Medium Density Residential with a portion of the
subdivision located within a neighborhood center. The requested commercial uses are not in
compliance with the Future Land Use Map; however, the commercial uses maybe permitted as
excepted land uses per MCC 12-6-3. The Comprehensive Plan does not address the issue of
excepted uses, however, the ordinance was in place prior to the adoption of the Comprehensive
Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns of Capt. Bill Musser, Meridian Police
Department in a memo dated March 19, 2003 and Wendel Bigham, Joint School District No. 2,
expressed. in his letter dated February 12, 2003.
12. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and
all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps
and the Ordinance establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - page 4 of 42
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. This conditional use permit shall be valid for a period of eighteen months,
pursuant to MCC 12-17-4.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the planning and Zoning Commission) as follows:
SITE SPECIFIC COMMENTS (Conditional Use Permit
1. Applicant shall meet all of the requirements of the preliminary plat as a condition
of the Conditional Use Permit. Additionally, the applicant shall negotiate with the City of
Meridian as to the location of a permanent easement and temporary construcfion
easement through the project to Meridian Road for the North Slough Sewer Trunk after
the Preliminary Plat approval. (Per the action of the City Council taken at their June 3,
2003 meeting.)
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
3. Anew detailed Conditional Use Permit will be required prior to development of any
of the office/retail/multi-family housing within the Paramount Subdivision.
4. Temporary sales/information trailers shall be subject to the following conditions:
a. The proposed subdivision is permitted to have no more than two temporary sales
trailers on-site.
b. The landscaping and irrigation (in accordance with the Landscape Ordinance)
shall be provided in the front yard of the sales trailer shall be completed prior to
occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - page 5 of 42
c. The trailer shall be skirted with material that is similar in color and material of h
rest of the trailer.
d. The applicant shall be responsible for providing adequate off street parking.
e. One wall sign is allowed for the temporary sales trailer. The sign shall be limited
in size to 18% of the wall area. No other signs shall be permitted.
f. A building permit for the temporary building must be obtained through Meridian's
Building Department prior to placing the trailer on a lot. A site plan must accompany
the building permit and be approved by Planning Department.
g. Sanitary sewer service and domestic water service may be requested for the
proposed use. Should ahook-up be requested, an assessment for sewer and water
service will be determined during the building permit application process.
h. Applicant must provide the Public Works and Fire Departments with information
on the method of fire protection to be used for the trailer.
i. The trailer must conform with all setbacks as set forth in the Paramount
Subdivision conditional use permit and preliminary plat.
j. The Timeframe for the sales and information trailers is for the duration of the
Paramount Project. Immediate removal of any approved trailers is required upon
completion of project sales.
k. The Applicant's request to site the same trailer under the above-stated conditions
at other locations within fixture Paramount phases is approved without a CUP
modification. A new Certificate of Zoning Compliance and building permit for all
fixture trailer locations must be submitted to the City for each fixture locafion, but a
CUP should not be required for each future trailer location.
5. The applicant shall provide cross walks at the three N. Cinema Way intersections
at W. Colbert St., W. Charlton St. and W. Paramount Drive that will provide pedestrian
access to the proposed community center.
6. Fencing adjacent to Lot 10, B1ock15, Lot 1 Block 29, Lot 1 Block 24 and Lot 1
Block 38 shall be limited to 4 feet in height if solid fencing material is used, with the
allowance for an additional 2 feet of lattice work to be placed on top of the solid fence.
7. A planned sign program shall be required for the commercial portions of the
property.
FINDINGS OF FAC"I' AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTTIONAL USE PERMIT - page 6 of 42
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The project which comprised of single family dwellings will require afire-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Two points of access will be required for the project or portions of the project that serve
over 50 homes. This will be a concern the way the project is phased in the early stages of
development.
7. Commercial and office occupancies will require afire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
8. Multi-family residential on the site will require afire-flow of 1500 GPM plus the
amount required by the fire sprinkler demand.
9. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Restricted parking on some streets and access points to fire
lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1
10. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a approved turn around.
11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household
would have a total estimated population of 3,210 residents at build out. This will generate an
estimated 133 calls for service based on historical trends. The commercial, schools and
churches will have an unknown transient populafion and will have an unknown impact on
Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069
responses in the yeaz 2000 and 2251 calls for service in 2001. According to a report completed
by Fire & Emergency Services Consulting Group in February of 2000 our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010.
FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page ~ of 42
12. The proposed project lies on the edge of the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to enhance the
probability of a favorable outcome on a request for Basic Life Support. The budget
constraints are typically defined as capital outlay for facilities that aze located within 1.5
miles from a given location and sufficient operational funds to staff the facilities.
13. It is requested that building separations be maintained per the Building Code in Blocks
32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to
house.
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated through a grassy swale prior to dischazge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Ap rn oval
1. The applicant shall do one of the following requirements for Meridian Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along Meridian
Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 8 of 42
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. The applicant shall do one of the following requirements for Linder Road:
a. Dedicate by donation an additiona123-feet ofright-of--way along Linder
Road, and construct a minimum 5-foot wide concrete sidewalk along Linder
Road, located a minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located a minimum of 41-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3. The applicant shall do one of the following requirements for McMillan Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
4. Construct West Studio Drive to intersect North Meridian Road approximately
1,300-feet north of McMillan Road, as proposed.
5. Construct West Producer Street to intersect Meridian Road approximately 2,470-
feet north of McMillan Road, as proposed.
6. Construct West Director Street to intersect Meridian Road approximately 960-feet
south of Chinden Boulevard, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRAN'T'ING CONDITIONAL USE PERMIT - page 9 of 42
7. Construct West Paramount Drive approximately 2,420-feet south of Chinden
Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May
22, 2002 as a part of Lochsa Falls Subdivision), as proposed.
8. Construct West Studio Drive to intersect McMillan Road approximately 1,260-
feet west of Meridian Road, as proposed.
9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North
Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from
centerline to centerline).
10. Construct:
• North Cinema Way (from Chinden Boulevard to West Director Street),
• West Director Street (from Meridian Road to North Cinema Way),
• West Producer Street (from Meridian Road to North Mitchum Avenue),
• West Studio Drive (from Meridian Road to McMillan Road) and
• West Pazamount Drive (from Linder Road to North Arliss Avenue)
as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk
within 54-feet ofright-of--way.
11. Construct:
• West Paramount Drive (from North Arliss Avenue to North Cinema Way),
• North Bergman Avenue (from West Paramount Drive to the north property
line),
• North Cinema Way (from West Director Street to West Colbert Street),
• North Chaplin Drive (from North Cinema Way to North Cinema Way),
• West Gable Street (from North Cinema Way to West Producer Street) and
• West Producer Street (from North Mitchum Avenue to North Hopkins
Avenue)
as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk,
as proposed.
12. Construct the remainder of the internal roadways as 33-foot street sections with
curb, gutter, 5-foot attached concrete sidewalk and pazking on both sides of the roadway
within 50-feet ofright-of--way, as proposed. Submit documentation showing the review
and approval from the Meridian Fire Department.
13. Extend North Wayman Avenue as a stub street to the south properly line
approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 10 of 42
14. Extend North Cinema Way as a stub street to the south property line
approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Extend North Bergman Avenue as a stub street to the north property line
approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
***See Finding for Consideration B item #7.
16. Extend North Arliss Avenue as a stub street to the north property line
approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
17. Provide access to West Producer Street (by a stub street or by shifting the roadway
to the north) for the undeveloped parcels located directly to the north (the Packard and
Mastropaolo properties).
18. Construct a 16-foot wide residential alley between West Oliver Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the
alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley
intersections. Parking shall be designed so the minimum clear distance from the back of
the pazking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Parking in the alley is prohibited.
19. Construct a 16-foot wide residential alley between West Poitier Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the
alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley
intersections. Parking shall be designed so the minimum clear distance from the back of
the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Parking in the alley is prohibited.
20. Construct three roundabouts within the public right-of--way, as proposed.
• On West Director Street (mid way between Meridian Road and North
Cinema Way)
• At the intersection of Chaplin Street and North Dietrich Avenue
• At the intersection of Cagney Street and North Dietrich Avenue
The roundabouts shall be designed with a minimum of a 21-foot street section on either
side of the center islands. The applicant will be required to dedicate sufficient right-of-
way on either side of an island. Coordinate the size and design of the roundabouts with
traffic services staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - page ii of 42
21. Do not construct a roundabout at the intersection of North Bergman Avenue and
Bacall Street unless a temporary turnaround is constructed at the terminus of North
Bergman Avenue or North Bergman Avenue will be extended at the time that this portion
of the preliminary plat is final platted.
22. Construct one knuckle with an island in the center, as proposed. Construct the
island to be a minimum of 4-feet wide with a minimum area of 100-square feet and
designed to safely channel traffic. The roadway around the traffic island shall maintain a
minimum of a 29-foot street section. The design shall be reviewed and approved by
ACHD's Traffic Services staff.
23. When the District receives a formal application for the multi-family use and/or the
commercial use, the District will review and approve driveway locations in accordance
with the policies and guidelines that are in effect at that time. The District's current
policies are provided for informational purposes only and can be found in Findings for
Consideration #9 on pages 13 and 14 of this report.
24. Construct a number of islands within the public right-of--way, as proposed.
Maintain minimum of a 21-foot street section on either side of the center islands. 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
25. Construct a southbound left turn lane on Linder Road at the West Paramount
Drive/Cinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 s` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the fain lanes are constructed as needed.
26. Construct a northbound right fain lane on Linder Road at the West Paramount
Drive/Cinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional fain lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 12 of 42
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACRD staff, to make certain the turn lanes are constructed as needed.
27. Construct an eastbound left turn lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that fime of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the fmal plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
28. Construct a westbound right turn lane on McMillan Road at the West Studio
Drive/McMillan Road intersecfion, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 201 residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
29. Construct a northbound left turn lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 ~` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page ><3 of 42
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
30. Construct a southbound right tum lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
addifional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
31. Construct a northbound left tum lane on Meridian Road at the West Producer
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20151 residenfial lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
32. Construct a southbound right turn lane on Meridian Road at the West Producer
StreeUMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the fmal plat for the 20151 residenfial lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
wanants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page >14 of 42
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the tum lanes are wnstructed as needed.
33. Construct a northbound left turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
wan•ants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
34. Construct a southbound right turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 s` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACRD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
35. Construct a westbound right turn lane on West Studio Drive at the West Studio
Drive/McMillan Road intersecfion, as recommended by the submitted traffic impact
study.
36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West
Studio Drive/McMillan Road intersection, as recommended by the submitted traffic
impact study.
37. Construct an exclusive northbound left turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTTIONAL USE PERMIT - page 15 of 42
38. Construct an exclusive southbound right turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
39. Construct an exclusive northbound left turn lane on West Producer Street at the
West Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study.
40. Construct an exclusive southbound right turn lane on West Producer Street at the
West Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study.
41. Construct an exclusive northbound left turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
42. Construct an exclusive southbound right turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
43. Construct an exclusive northbound right tum lane on West Pazamount Drive at the
West Paramount Drive/Linder Road intersection, as recommended by the submitted
traffic impact study.
44. Construct a combined through southbound left tum lane on West Paramount
Drive at the West Paramount Drive/Cinder Road intersection, as recommended by the
submitted traffic impact study.
45. Submit District a letter from ITD regazding the said requirements prior to District
approval of the final plat or issuance of a building permit (or other required permits),
whichever occurs first.
46. Other than the access points specifically approved with this application, direct lot
access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise
approved by the Ada County Highway District. These restrictions shall be noted on the
final plat.
47. Comply with all Standazd Conditions of Approval.
Standazd Conditions ofAonroval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 16 of 42
2. All utility relocation costs associated with improving street frontages abutting the
site shall be home by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Constmction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construcfion
Services procedures and all applicable ACRD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACRD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terns and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 1'] of 42
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 Settlers' Irrigation District as follows:
1. That all irrigation/drainage facilities along with their easements be protected and
continue to function as such. The laterals involved are the North Slough #2, North Slough,
Knight, Lemp, Harrell, Wolf, and Bisby.
2. A license agreement will need to be signed and recorded prior to construction of any
irrigation facilities.
3. All Storm drainage must be retained on-site.
4. Any changes to the existing irrigation system must be approved by Settlers Irrigation
District.
5. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreements needs to be in place prior to the pre-
construction meeting.
14. It is found that the subject property is large enough to accommodate the requested use
and all other required features for this project.
15. The current Comprehensive Plan Land Use Map designates the property as "Medium
Density Residential" with a portion of the subdivision located within a Neighborhood Center. It is
found that the proposed residential, school and church uses are harmonious with and in accordance
with the Comprehensive Plan: The requested commercial uses are not in compliance with the future
Land Use Map; however, the commercial uses may be permitted as excepted land uses per MCC 12-
6-3. The Comprehensive Plan does not address the issue of excepted uses, however the ordinance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 18 of 42
was in place prior to the adoption of the Comprehensive Plan.
The project is being proposed as a conditional use for a planned development in order to
allow several land use exceptions in addition to the aforementioned reduced lot sizes, reduced street
frontages, and reduced setbacks. The applicant is proposing just over 50 acres of retail/office land
use exceptions. Within the 50 acres, the applicant estimates "approximately" 577,606 square feet of
office and retail space. Conceptual approval of these uses is requested as part of this application.
The Comprehensive Plan designates the entire 50-acre land use exception area as "Medium
Density Residential". The Comprehensive Plan also shows a Neighborhood Center on Ustick Road,
between Meridian Road and Linder Road. Approximately % of the center is located on Paramount
property, intended for higher-density residential uses of at least 8 dwelling units per acre. The
commercial node at the heart of the Neighborhood Center is not located on Paramount property. The
land use designation within the center is Mixed Use -Neighborhood, the lowest intensitymixed use
classification, which allows for up to 10 acres and 100,000 square feet ofnon-residential uses (i.e.
retail and office). The adopted Comprehensive Plan anticipated that the neighborhood center would
contain the entire commercial square footage for the square mile upon which it was located.
Furthermore, in January 2002, the Planning and Zoning Department completed an effort to
study the economic viability of the proposed Neighborhood Centers with Edward Starkie of Urban
Economic Advisory Services. The conclusion of that study was that each square mile in the North
Meridian area "will support approximately 43,000 square feet of retail." This would indicate a need
for one [100,000 square foot] center each 2.25 square miles, or an average of 3.3 acres ofretail space
per square mile. The proposed retail/office land use excepfion far exceeds the square footage
intended for the neighborhood center adjacent to the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 19 of 42
The approval of the proposed 50 acres and 577,606 squaze feet of office/retail land use
exceptions will likely have the effect ofrendering the commercial neighborhood center shown on the
Comprehensive Plan economically unviable. The sheer scale of the proposed retail/office land use
exceptions appears to be more regional than neighborhood in scale.
If the project is approved as a Planned Development, it will be excluded from several of the
minimum requirements of the MCC.
16. That the proposed residential subdivision use will be harmonious with the
intended character of the azea, but will dramatically change the existing rural character of the
general vicinity, with the exception of Lochsa Falls and Cedaz Springs North subdivisions that lie
adjacent to the proposed development. The amount of commercial property proposed by the
applicant is faz greater than anticipated by the Comprehensive Plan and is not harmonious with the
intended residential character of the general vicinity.
17. It is found that the proposed subdivision will have a large impact, but not
necessarily adverse impact on other properties within the vicinity. It is not anticipated that the
project's overall impact will be adverse to the other properties within the general vicinity.
18. It is found that the proposed development can be adequately served by the
essential public facilities and services, if the requirements of ACHD, the Fire Department and the
City are met by the applicant.
19. It is found that the proposed use would not be detrimental to the economic welfare
of the community, nor would it create the need for any new facilities or services to be paid for by
the public that would be considered excessive.
20. It is found that there will be an increase in traffic and noise in the general vicinity
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 20 of 42
if the subdivision is approved, but that approval of the subdivision will not lead to a major
increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental
to the welfare of the City and the subdivision's neighbors.
21. It is found that the proposed collector off of Chinden may create significant
interference with traffic on the surrounding public streets. It has already been recommended that
this street be re-aligned with the public street to the north. Review of the ACHD report for this
project will provide additional information. ACHD recommendations should be adopted to
avoid interference that may result fro the proposed subdivision.
22. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance. Existing trees greater
than 4" caliper must be retained or mifigated for, if removed.
23. It is found that the office/commercial/high density residential located on the east,
southeast and western portion of the proposed subdivision are related to the primary use
(residential) of the development (R-8). The office/retail uses can provide services (i.e. medical,
dental, optical, etc...) and sundries (i.e. food, clothing, etc...) that will be complementary to the
residents of the subdivision, and will provide employment opportunities as well. The proposed
multi-family housing will provide a mix of housing products and income levels within the
proposed subdivision.
The mixing of residential uses and commercial uses will encourage the office
development to be constructed in a manner that will be pedestrian friendly in design. The
proposed medium-density housing will provide an immediate consumer base for the
office/commercial development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - page 21 of 42
The proposed retail/office located at the southwest corner of the proposed subdivision is
not in compliance with the City of Meridian's Comprehensive Plan. This secfion of retail/office
does not connect with the residential portion of the subdivision. This portion of the subdivision
is only accessible by car for residents within the proposed subdivision. It is not found that this
portion of the subdivision is strongly related to the primary residential use.
24. It is found that the office/multiple-family housing/commercial uses make up
approximately 17% of the total area of land included in the planned development. It is found that
the size and intensity of the excepted uses are within the guidelines and provisions of the MCC.
25. It is found that the excepted uses (office and commercial) will be phased and
constructed in a manner that justifies their inclusion as part of the project's primary residential
uses.
26. First, it is found that the office/retail/multi-family uses located in the southeastern
portion of the proposed subdivision are in proximity to and within convenient wallcing distance
for parts of the overall development. The proposed retail/office use located in the southwest
comer of the subdivision is not located in close proximity to the residential uses within the
subdivision and is not within convenient walking distance of the residential uses within the
subdivision. It is found that all other office/retail/multi-family housing excepted uses are within
convenient walking distance for many of the residents within the proposed subdivision.
27. It is found that the retail/office uses located in the southwest corner of the
proposed subdivision are not accessible to residents of the proposed subdivision through a main
access or an interconnected street system. With the exception of the retail/office uses located at
the southwest corner of the subdivision, it is found that the site design incorporates
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT' - page 22 of 42
interconnecdvitythnugh shared vehicular access points. The applicant has provided a pathway
system and an interconnected roadway system for access to the excepted uses from the residential
uses.
28. It is found that the proposed retail/office uses in the southwest comer of the
proposed subdivision are not provided with adequate pedestrian and bicycle connections with the
remainder of the development. It is also found that all other excepted uses are provided with
connections that are accessible to pedestrians and to the residential portion of the development.
29. It is found that the proposed retail/office uses on the southwest comer of the
subject property are located in a manner that will facilitate access from existing arterial roadways
only and do not provide any interconnectivity with the rest of the subdivision. A detailed layout
of the buildings has been submitted as a conceptual plan.
30. It is found that the landscaping is consistent throughout the proposed
development. Architectural and building bulk concepts will need to be submitted with a new
detailed condifional use permits for each of the future office, commercial and multi-family uses.
31. It is found that the proposed office and retail uses, when combined, equal over
half a million square foot of possible office/retail space. It is not believed that the scale of the
office and retail uses is appropriate to the size of the overall development. The Comprehensive
Plan depicts a 100,000 square foot maximum for commercial square footage within this entire
square mile. It is further found that the proposed development is a very large subdivision with a
variety of commercial and residential uses that fit within the MCC guidelines for excepted uses
within a PD, and that the excepted uses utilize less than the 20% of the land within the proposed
development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTI'IONAL USE PERMTT - page 23 of 42
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (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.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
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 yazds,
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, 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;
FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTI'IONAL USE PERMTI' - page 24 of 42
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 Medium Density Residential
District (R-8), High Density Residential District (R-40), Limited Office (L-O), and General
Retail and Service Commercial (C-G), 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 considerafion 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 CONDTTIONAL USE PERMIT - page 25 of 42
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained 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 CONDTTIONAL USE PERMTI' - page 26 of 42
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 consisting of 764 single-family residences, 73 townhomes, 270 apartments,
community center, schools and churches in proposed R-8, R-40, L-O and C-G zones for
Paramount Subdivision located within the square mile of Chinden Road, Meridian Road,
McMillan Road, and Linder Road, Meridian, Idaho, subject to the following conditions of use
and development, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. This conditional use permit shall be valid for a period of eighteen months,
pursuant to MCC 12-17-4.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the planning and Zoning Commission) as follows:
SITE SPECIFIC COMMENTS (Conditional Use Permit)
1. Applicant shall meet all of the requirements of the preliminary plat as a condition
of the Conditional Use Permit. Additionally, the applicant shall negotiate with the City of
Meridian as to the location of a permanent easement and temporary construction
easement through the project to Meridian Road for the North Slough Sewer Trunk after
the Preliminary Plat approval. (Per the action of the City Council taken at their June 3,
2003 meeting.)
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
3. Anew detailed Conditional Use Permit will be required prior to development of any
of the office/retail/multi-family housing within the Paramount Subdivision.
4. Temporary sales/information trailers shall be subject to the following conditions:
a. The proposed subdivision is permitted to have no more than two temporary sales
trailers on-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTI'IONAL USE PERMIT - page 2~ of 42
b. The landscaping and irrigation (in accordance with the Landscape Ordinance)
shall be provided in the front yazd of the sales trailer shall be completed prior to
occupancy.
c. The trailer shall be skirted with material that is similar in color and material of ~
rest of the trailer.
d. The applicant shall be responsible for providing adequate off street parking.
e. One wall sign is allowed for the temporary sales trailer. The sign shall be limited
in size to 18% of the wall azea. No other signs shall be permitted.
f. A building permit for the temporary building must be obtained through Meridian's
Building Department prior to placing the trailer on a lot. A site plan must acwmpany
the building permit and be approved by Planning Department.
g. Sanitary sewer service and domestic water service may be requested for the
proposed use. Should ahook-up be requested, an assessment for sewer and water
service will be determined during the building permit application process.
h. Applicant must provide the Public Works and Fire Departments with information
on the method of fire protection to be used for the trailer.
i. The trailer must conform with all setbacks as set forth in the Paramount
Subdivision conditional use permit and preliminary plat.
j. The Timeframe for the sales and information trailers is for the duration of the
Paramount Project. Irmnediate removal of any approved trailers is required upon
completion of project sales.
k. The Applicant's request to site the same trailer under the above-stated conditions
at other locations within future Paramount phases is approved without a CUP
modification. A new Certificate of Zoning Compliance and building permit for all
future trailer locafions must be submitted to the City for each future location, but a
CUP should not be required for each future trailer location.
5. The applicant shall provide cross walks at the three N. Cinema Way intersections
at W. Colbert St., W. Chazlton St. and W. Pazamount Drive that will provide pedestrian
access to the proposed community center.
6. Fencing adjacent to Lot 10, B1ock15, Lot 1 Block 29, Lot 1 Block 24 and Lot 1
Block 38 shall be limited to 4 feet in height if solid fencing material is used, with the
allowance for an additional 2 feet of lattice work to be placed on top of the solid fence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - page 28 of 42
7. A planned sign program shall be required for the commercial portions of the
property.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The project which comprised of single family dwellings will require afire-flow of 1,000 gallons
per minute available for duration of 2 hours to service the enfire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Two points of access will be required for the project or portions of the project that serve
over 50 homes. This will be a concern the way the project is phased in the early stages of
development.
7. Commercial and office occupancieswillrequire afire-flow wnsistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
8. Mulfi-family residential on the site will require afire-flow of 1500 GPM plus the
amount required by the fire sprinkler demand.
9. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Restricted parking on some streets and access points to fire
lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1
10. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a approved turn around.
11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household
would have a total estimated population of 3,210 residents at build out. This will generate an
estimated 133 calls for service based on historical trends. The commercial, schools and
churches will have an unknown transient population and will have an unknown impact on
Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMI'T' - page 29 of 42
responses in the yeaz 2000 and 2251 calls for service in 2001. According to a report completed
by Fire & Emergency Services Consulting Group in Febntary of2000 our requests for service
are projected to reach 2800 in the yeaz 2005 and 3800 by the yeaz 2010.
12. The proposed project lies on the edge of the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to enhance the
probability of a favorable outcome on a request for Basic Life Support. The budget
constraints are typically defined as capital outlay for facilities that are located within 1.5
miles from a given location and sufficient operational funds to staff the facilifies.
14. It is requested that building separations be maintained per the Building Code in Blocks
32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to
house.
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to dischazge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
F. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Apuroval
1. The applicant shall do one of the following requirements for Meridian Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along Meridian
Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of 28-feet from the centerline of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 30 of 42
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. The applicant shall do one of the following requirements for Linder Road:
a. Dedicate by donation an additional 23-feet ofright-of--way along Linder
Road, and construct a minimum 5-foot wide concrete sidewalk along Linder
Road, located a minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located a minimum of 41-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
The applicant shall do one of the following requirements for McMillan Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
4. Construct West Studio Drive to intersect North Meridian Road approximately
1,300-feet north of McMillan Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 3v of 42
5. Construct West Producer Street to intersect Meridian Road approximately 2,470-
feet north of McMillan Road, as proposed.
6. Construct West Director Street to intersect Meridian Road approximately 960-feet
south of Chinden Boulevard, as proposed.
7. Construct West Paramount Drive approximately 2,420-feet south of Chinden
Boulevard to align with West Cayuse Avenue (amain entrance that was approved on May
22, 2002 as a part of Lochsa Falls Subdivision), as proposed.
8. Construct West Studio Drive to intersect McMillan Road approximately 1,260-
feet west of Meridian Road, as proposed.
9. Relocate the intersections of West Dreyfus StreeUProducer Avenue and the North
Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from
centerline to centerline).
10. Construct
• North Cinema Way (from Chinden Boulevazd to West Director Street),
• West Director Street (from Meridian Road to North Cinema Way),
• West Producer Street (from Meridian Road to North Mitchum Avenue),
• West Studio Drive (from Meridian Road to McMillan Road) and
• West Paramount Drive (from Linder Road to North Arliss Avenue)
as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk
within 54-feet ofright-of--way.
11. Construct:
• West Paramount Drive (from North Arliss Avenue to North Cinema Way),
• North Bergman Avenue (from West Paramount Drive to the north property
line),
• North Cinema Way (from West Director Street to West Colbert Street),
• North Chaplin Drive (from North Cinema Way to North Cinema Way),
• West Gable Street (from North Cinema Way to West Producer Street) and
• West Producer Street (from North Mitchum Avenue to North Hopkins
Avenue)
as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk,
as proposed.
12. Construct the remainder of the internal roadways as 33-foot street sections with
curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway
within 50-feet ofright-of--way, as proposed. Submit documentation showing the review
and approval from the Meridian Fire Department.
13. Extend North Wayman Avenue as a stub street to the south property line
FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTT - page 32 of 42
approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
14. Extend North Cinema Way as a stub street to the south property line
approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Extend North Bergman Avenue as a stub street to the north property line
approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
***See Finding for Consideration B item #7.
16. Extend North Arliss Avenue as a stub street to the north property line
approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
17. Provide access to West Producer Street (by a stub street or by shifting the roadway
to the north) for the undeveloped parcels located directly to the north (the Packard and
Mastropaolo properties).
18. Construct a 16-foot wide residential alley between West Oliver Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the
alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley
intersections. Parking shall be designed so the minimum cleaz distance from the back of
the pazking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Pazking in the alley is prohibited.
19. Construct a 16-foot wide residential alley between West Poitier Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the
alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley
intersections. Parking shall be designed so the minimum clear distance from the back of
the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Pazking in the alley is prohibited.
20. Construct three roundabouts within the public right-of--way, as proposed.
• On West Director Street (mid way between Meridian Road and North
Cinema Way)
• At the intersection of Chaplin Street and North Dietrich Avenue
• At the intersection of Cagney Street and North Dietrich Avenue
The roundabouts shall be designed with a minimum of a 21-foot street section on either
side of the center islands. The applicant will be required to dedicate sufficient right-of-
FINDINGS OF FACT' AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 33 of 42
way on either side of an island. Coordinate the size and design of the roundabouts with
traffic services staff.
21. Do not construct a roundabout at the intersection of North Bergman Avenue and
Bacall Street unless a temporary turnaround is constructed at the terminus of North
Bergman Avenue or North Bergman Avenue will be extended at the time that this portion
of the preliminary plat is final platted.
22. Construct one knuckle with an island in the center, as proposed. Construct the
island to be a minimum of 4-feet wide with a minimum area of 100-square feet and
designed to safely channel traffic. The roadway around the traffic island shall maintain a
minimum of a 29-foot street section. The design shall be reviewed and approved by
ACHD's Traffic Services staff.
23. When the District receives a formal application for the multi-family use and/or the
commercial use, the District will review and approve driveway locations in accordance
with the policies and guidelines that are in effect at that time. The District's current
policies are provided for informational purposes only and can be found in Findings for
Consideration #9 on pages 13 and 14 of this report.
24. Construct a number of islands within the public right-of--way, as proposed.
Maintain minimum of a 21-foot street section on either side of the center islands. 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
25. Construct a southbound left turn lane on Linder Road at the West Paramount
Drive/Cinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
26. Construct a northbound right tum lane on Linder Road at the West Paramount
Drive/Cinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 s` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTTIONAL USE PERMIT - page 34 of 42
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
27. Construct an eastbound left tum lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 201` residential lot, or the platfing of the
first non-residential lot, whichever comes first, ACRD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACRD staff, to make certain the tum lanes aze constructed as needed.
28. Construct a westbound right tum lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes aze constructed as needed.
29. Construct a northbound left turn lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 s` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMTf - page g5 of 42
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
30. Construct a southbound right turn lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the fmal plat for the 20151 residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
31. Construct a northbound left turn lane on Meridian Road at the West Producer
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
32. Construct a southbound right turn lane on Meridian Road at the West Producer
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTTIONAL USE PERMIT - page 36 of 42
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACRD staff, to make certain the tum lanes are constructed as needed.
33. Construct a northbound left turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the fain lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACHD staff, to make certain the fain lanes are constructed as needed.
34. Construct a southbound right turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
35. Construct a westbound right turn lane on West Studio Drive at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study.
36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West
Studio Drive/McMillan Road intersection, as recommended by the submitted traffic
impact study.
37. Construct an exclusive northbound left tam lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 3~ of 42
impact study.
38. Construct an exclusive southbound right turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
39. Construct an exclusive northbound left turn lane on West Producer Street at the
West Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study.
40. Construct an exclusive southbound right turn lane on West Producer Street at the
West Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study.
42. Construct an exclusive northbound left turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
43. Construct an exclusive southbound right turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
44. Construct an exclusive northbound right tum lane on West Paramount Drive at the
West Paramount Drive/Linder Road intersection, as recommended by the submitted
traffic impact study.
45. Construct a combined through/southbound left turn lane on West Paramount
Drive at the West Paramount Drive/Cinder Road intersection, as recommended by the
submitted traffic impact study.
46. Submit District a letter from ITD regarding the said requirements prior to District
approval of the final plat or issuance of a building permit (or other required permits),
whichever occurs first.
47. Other than the access points specifically approved with this application, direct lot
access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise
approved by the Ada County Highway District. These restrictions shall be noted on the
final plat.
48. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 38 of 42
Standard Conditions of A nu royal
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 39 of 42
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any charige from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless 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.
G. Adopt the Recommendations of Settlers' Irrigation District as follows:
1. That all irrigation/drainage facilities along with their easements be protected and
continue to function as such. The laterals involved aze the North Slough #2, North Slough,
Knight, Lemp, Harrell, Wolf, and Bisby.
2. A license agreement will need to be signed and recorded prior to construction of any
irrigation facilities.
3. All Storm drainage must be retained on-site.
4. Any changes to the existing irrigation system must be approved by Settlers Irrigation
District.
5. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreements needs to be in place prior to the pre-
construction meeting.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 40 of 42
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 parry requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real
property which maybe adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
??By action of the City Council at its regular meeting held on the Z~~~ day of
V Gtr.-e- , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED_~
COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~/6~tL
COUNCILMAN WILLIAM L.M. NARY VOTED~~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:_~Z~ -O3
MOTION:
APPROVED: DISAPPROVED:
Mayor Robert . Corrie
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDTI'IONAL USE PERMIT - page 41 of 42
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - page 42 of 42
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/20/03
Revised 06/03/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR
PARAMOUNT SUBDIVISION IN
AN R-8, R-40, L-O, AND C-G
ZONES, LOCATED WITHIN THE
SQUARE MILE OF CHINDEN
ROAD, MERIDIAN ROAD,
McMILLAN ROAD, AND CINDER
ROAD, MERIDIAN, H)AHO
Case No. CUP-03-008
ORDER GRANTING
CONDITIONAL USE PERMIT
PARAMOUNT, LLC,
APPLICANT
1. This matter coming before the City Council on May 20, 2003 and continued until
June 3, 2003, under the provisions of Meridian City Code § 11-17-4 for final action on
conditiona] use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the following
action:
That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 764 single-family residences, 73 townhomes, 270 apartments,
community center, schools and churches in proposed R-8, R-4Q L-O and C-G zones for
Paramount Subdivision located within the square mile of Chinden Road, Meridian Road,
ORDER CONDTPIONAL USE PERMIT page 1 of 16
(CUP-03-008)
McMillan Road, 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:
1. This conditional use permit shall be valid for a period of eighteen months,
pursuant to MCC 12-17-4.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the planning and Zoning Commission) as follows:
STI'E SPECIFIC COMMENTS (Conditional Use Permitl
1. Applicant shall meet all of the requirements of the preliminary plat as a condition
of the Conditional Use Permit. Additionally, the applicant shall negotiate with the City of
Meridian as to the location of a permanent easement and temporary construction
easement through the project to Meridian Road for the North Slough Sewer Trunk after
the Preliminary Plat approval. (Per the action of the City Council taken at their June 3,
2003 meeting.)
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
3. Anew detailed Conditional Use Permit will be required prior to development of any
of the office/retail/multi-family housing within the Paramount Subdivision.
4. Temporary sales/information trailers shall be subject to the following conditions:
a. The proposed subdivision is permitted to have no more than two temporary sales
trailers on-site.
b. The landscaping and irrigation (in accordance with the Landscape Ordinance)
shall be provided in the front yard of the sales trailer shall be completed prior to
occupancy.
c. The trailer shall be skirted with material that is similar in color and material of li
rest of the trailer.
d. The applicant shall be responsible for providing adequate off street parking.
e. One wall sign is allowed for the temporary sales trailer. The sign shall be limited
in size to 18% of the wall area. No other signs shall be permitted.
ORDER CONDTfIONAL USE PERMIT page 2 of 16
(CUP-03-OOS)
f. A building permit for the temporary building must be obtained through Meridian's
Building Department prior to placing the trailer on a lot. A site plan must accompany
the building permit and be approved by Planning Department.
g. Sanitary sewer service and domestic water service may be requested for the
proposed use. Should ahook-up be requested, an assessment for sewer and water
service will be determined during the building permit application process.
h. Applicant must provide the Public Works and Fire Departments with information
on the method of fire protection to be used for the trailer.
i. The trailer must conform with all setbacks as set forth in the Paramount
Subdivision conditional use permit and preliminary plat.
j. The Timeframe for the sales and information trailers is for the duration of the
Pazamount Project. Immediate removal of any approved trailers is required upon
completion of project sales.
k. The Applicant's request to site the same trailer under the above-stated conditions
at other locations within future Paramount phases is approved without a CUP
modification. A new Certificate of Zoning Compliance and building permit for all
future trailer locations must be submitted to the City for each future location, but a
CUP should not be required for each future trailer location.
5. The applicant shall provide cross walks at the three N. Cinema Way intersections
at W. Colbert St, W. Charlton St. and W. Paramount Drive that will provide pedestrian
access to the proposed community center.
6. Fencing adjacent to Lot 10, B1ock15, Lot 1 Block 29, Lot 1 Block 24 and Lot 1
Block 38 shall be limited to 4 feet in height if solid fencing material is used, with the
allowance for an additional 2 feet of lattice work to be placed on top of the solid fence.
7. A planned sign program shall be required for the commercial portions of the
property.
C. Adopt the Recommendafions of the Meridian Fire Department as follows:
1. The project which comprised of single family dwellings will require afire-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire proj ect. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A
ORDER CONDITIONAL USE PERMIT page 3 of 16
(CUP-03-008)
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Two points of access will be required for the project or portions of the project that serve
over 50 homes. This will be a concern the way the project is phased in the early stages of
development.
7. Commercial and office occupancies willrequire afire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
8. Multi-family residential on the site will require afire-flow of 1500 GPM plus the
amount required by the fire sprinkler demand.
9. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Restricted parking on some streets and access points to fire
lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1
10. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a approved tum around.
11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household
would have a total estimated population of 3,210 residents at build out. This will generate an
estimated 133 calls for service based on historical trends. The commercial, schools and
churches will have an unknown transient population and will have an unknown impact on
Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069
responses in the year 2000 and 2251 calls for service in 2001. According to a report completed
by Fire & Emergency Services Consulting Group in February of 2000 our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
12. The proposed project lies on the edge of the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to enhance the
probability of a favorable outcome on a request for Basic Life Support. The budget
constraints are typically defined as capital outlay for facilities that are located within 1.5
miles from a given location and sufficient operational funds to staff the facilities.
ORDER CONDITIONAL USE PERMIT page 4 of 16
(CUP-03-008)
13. It is requested that building separations be maintained per the Building Code in Blocks
32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to
house.
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of ACRD as follows:
Site Specific Conditions of Approval
The applicant shall do one of the following requirements for Meridian Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along Meridian
Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
ORDER CONDTfIONAL USE PERMIT page 5 of 16
(CUP-03-008)
2. The applicant shall do one of the following requirements for Linder Road:
a. Dedicate bydonation an additiona123-feet ofright-of--way along Linder
Road, and construct a minimum 5-foot wide concrete sidewalk along Linder
Road, located a minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located a minimum of 41-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located at the back edge of the
exisfing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3. The applicant shall do one of the following requirements for McMillan Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline oftheright-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
4. Construct West Studio Drive to intersect North Meridian Road approximately
1,300-feet north of McMillan Road, as proposed.
5. Construct West Producer Street to intersect Meridian Road approximately 2,470-
feet north of McMillan Road, as proposed.
6. Construct West Director Street to intersect Meridian Road approximately 960-feet
south of Chinden Boulevard, as proposed.
ORDER CONDTl'IONAL USE PERMIT page 6 of 16
(CUP-03-008)
7. Construct West Pazamount Drive approximately 2,420-feet south of Chinden
Boulevard to align with West Cayuse Avenue (a main entrance that was approved on May
22, 2002 as a part of Lochsa Falls Subdivision), as proposed.
8. Construct West Studio Drive to intersect McMillan Road approximately 1,260-
feet west of Meridian Road, as proposed.
9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North
Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from
centerline to centerline).
10. Construct
• North Cinema Way (from Chinden Boulevard to West Director Street),
• West Director Street (from Meridian Road to North Cinema Way),
• West Producer Street (from Meridian Road to North Mitchum Avenue),
• West Studio Drive (from Meridian Road to McMillan Road) and
• West Paramount Drive (from Linder Road to North Arliss Avenue)
as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk
within 54-feet ofright-of--way.
11. Construct:
• West Paramount Drive (from North Arliss Avenue to North Cinema Way),
• North Bergman Avenue (from West Paramount Drive to the north property
line),
• North Cinema Way (from West Director Street to West Colbert Street),
• North Chaplin Drive (from North Cinema Way to North Cinema Way),
• West Gable Street (from North Cinema Way to West Producer Street) and
• West Producer Street (from North Mitchum Avenue to North Hopkins
Avenue)
as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk,
as proposed.
12. Construct the remainder of the internal roadways as 33-foot street sections with
curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway
within 50-feet ofright-of--way, as proposed. Submit documentation showing the review
and approval from the Meridian Fire Department.
13. Extend North Wayman Avenue as a stub street to the south property line
approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
ORDER CONDTl'IONAL USE PERMIT page 7 of 16
(CUP-03-008)
14. Extend North Cinema Way as a stub street to the south property line
approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Extend North Bergman Avenue as a stub street to the north property line
approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
***See Finding for Consideration B item #7.
16. Extend North Arliss Avenue as a stub street to the north property line
approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
17. Provide access to West Producer Street (by a stub street or by shifting the roadway
to the north) for the undeveloped parcels located directly to the north (the Packard and
Mastropaolo properties).
18. Construct a 16-foot wide residential alley between West Oliver Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the
alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley
intersections. Parking shall be designed so the minimum clear distance from the back of
the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Parking in the alley is prohibited.
19. Construct a 16-foot wide residential alley between West Poitier Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the
alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley
intersections. Parking shall be designed so the minimum clear distance from the back of
the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Parking in the alley is prohibited.
20. Construct three roundabouts within the publicright-of--way, as proposed.
• On West Director Street (mid way between Meridian Road and North
Cinema Way)
• At the intersection of Chaplin Street and North Dietrich Avenue
• At the intersection of Cagney Street and North Dietrich Avenue
The roundabouts shall be designed with a minimum of a 21-foot street section on either
side of the center islands. The applicant will be required to dedicate sufficient right-of-
way on either side of an island. Coordinate the size and design of the roundabouts with
traffic services staff.
ORDER CONDTl'IONAL USE PERMIT page 8 of 16
(CUP-03-008)
21. Do not construct a roundabout at the intersection of North Bergman Avenue and
Bacall Street unless a temporary tumazound is constructed at the terminus of North
Bergman Avenue or North Bergman Avenue will be extended at the time that this portion
of the preliminary plat is final platted.
22. Construct one knuckle with an island in the center, as proposed. Construct the
island to be a minimum of 4-feet wide with a minimum area of 100-square feet and
designed to safely channel traffic. The roadway around the traffic island shall maintain a
minimum of a 29-foot street section. The design shall be reviewed and approved by
ACHD's Traffic Services staff:
23. When the District receives a formal application for the multi-family use and/or the
commercial use, the District will review and approve driveway locations in accordance
with the policies and guidelines that are in effect at that time. The District's current
policies are provided for informational purposes only and can be found in Findings for
Consideration #9 on pages 13 and 14 of this report.
24. Construct a number of islands within the public right-of--way, as proposed.
Maintain minimum of a 21-foot street section on either side of the center islands. 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 final plat
25. Construct a southbound left turn lane on Linder Road at the West Paramount
Drive/Cinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first
non-residential lot, whichever comes first, ACRD staff shall determine the need for
addifional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the tum lanes are constructed as needed.
26. Construct a northbound right turn lane on Linder Road at the West Pazamount
Drive/Linder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall deternine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
ORDER CONDTTIONAL USE PERMIT page 9 of 16
(CUP-03-008)
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
27. Construct an eastbound left turn lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 201St residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
28. Construct a westbound right tum lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 201st residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each addifional final plat, as determined
by ACRD staff, to make certain the turn lanes are constructed as needed.
29. Construct a northbound left turn lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201st residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
ORDER CONDTl'IONAL USE PERMIT page 10 of 16
(CUP-03-008)
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
30. Construct a southbound right turn lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 s` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACRD staff, to make certain the tum lanes are constructed as needed.
31. Construct a northbound left turn lane on Meridian Road at the West Producer
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the tum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
32. Construct a southbound right turn lane on Meridian Road at the West Producer
StreeUMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 S` residential lot, or the platting of the first
non-residential lot, whichever wmes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
ORDER CONDTTIONAL USE PERMIT page 11 of 16
(CUP-03-008)
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
33. Construct a northbound left turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
34. Construct a southbound right turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACHD staff, to make certain the tum lanes are constructed as needed.
35. Construct a westbound right turn lane on West Studio Drive at the West Studio
Drive/McMillan Road intersecfion, as recommended by the submitted traffic impact
study.
36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West
Studio Drive/McMillan Road intersection, as recommended by the submitted traffic
impact study.
ORDER CONDITIONAL USE PERMTT page 12 of 16
(CUP-03-008)
37. Construct an exclusive northbound left turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
38. Construct an exclusive southbound right turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
39. Construct an exclusive northbound left tum lane on West Producer Street at the
West Producer StreeUMeridian Road intersection, as recommended by the submitted
traffic impact study.
40. Construct an exclusive southbound right turn lane on West Producer Street at the
West Producer StreeUMeridian Road intersection, as recommended by the submitted
traffic impact study.
41. Construct an exclusive northbound left turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
42. Construct an exclusive southbound right tum lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
43. Construct an exclusive northbound right turn lane on West Paramount Drive at the
West Paramount Drive/Linder Road intersection, as recommended by the submitted
traffic impact study.
44. Construct a combined through/southbound left turn lane on West Paramount
Drive at the West Paramount Drive/Cinder Road intersection, as recommended by the
submitted traffic impact study.
45. Submit District a letter from ITD regarding the said requirements prior to District
approval of the final plat or issuance of a building permit (or other required permits),
whichever occurs first.
46. Other than the access points specifically approved with this application, direct lot
access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise
approved by the Ada County Highway District. These restrictions shall be noted on the
fmal plat.
47. Comply with all Standard Conditions of Approval.
ORDER CONDITIONAL USE PERMIT page 13 of 16
(CUP-03-008)
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standazds and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACRD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
ORDER CONDTI'IONAL USE PERNIIT page 14 of 16
(CUP-03-008)
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless 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 Settlers' Irrigation District as follows:
1. That all irrigation/drainage facilities along with their easements be protected and
continue to function as such. The laterals involved are the North Slough #2, North Slough,
Knight, Lemp, Harrell, Wolf, and Bisby.
2. A license agreement will need to be signed and recorded prior to construction of any
irrigation facilities.
3. All Storm drainage must be retained on-site.
4. Any changes to the existing irrigation system must be approved by Settlers Irrigation
District.
5. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreements needs to be in place prior to the pre-
constructionmeeting.
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 § I 1-17-8, a copy of which is attached to
this permit.
ORDER CONDITIONAL USE PERMIT page 15 of 16
(CUP-03-008)
By action of the City Council at its regular meeting held on the Z~ ~ day of
~~`'~ , 2003.
Robert .Come, Mayor City of Meridian
,.~~y OF MEq~~i ~•,~'~
Attest: ~.
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'~" SEAL
William G. Berg, Jr., Cit Jerk ~
- 9
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Copy served upon Applicant, the Plannirig ~pgC~yijrg D~~Pg&hhnent, Public Works Department
and City Attorney. ~~~"+++++~ ~~""~~~
By
City Clerk
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ORDER CONDITIONAL USE PERMIT page 16 of 16
(CUP-03-008)