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HomeMy WebLinkAboutCourtyards at Tenmile CUP-03-020BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 31 BUILDING LOTS AND 5 OTHER LOTS ON 11 ACRES FOR THE COURTYARDS AT TEN MILE IN R-15 AND C -N ZONES, LOCATED AT THE SOUTHEAST CORNER OF W. PINE AVENUE AND N. TEN MILE ROAD, MERIDIAN, IDAHO DOUG CAMPBELL, TOM BEVAN, DTE DEVELOPERS, APPLICANT C/C 08/12/03 C/C 09/02/03 Case No. CUP -03-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 12, 2003 and continued until September 2, 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, Rod Ralphs, Clay Lyle, Bruce Mills, Bob Fuller, David Fuller, Joe Derosier, Inna Atkinson, William Lind, Laura Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Garner, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 Order to -wit: 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 August 12, 2003 and continued until September 2, 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 August 12, 2003 and continued until September 2, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT (Ada County) zone and by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 22 reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southeast corner of W. Pine Avenue and N. Ten Mile Road, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owners of record of the subject property are Anthony Garner and Tracey Garner, 680 N. Ten Mile Road, Meridian, Idaho 83642. 6. Applicant is Doug Campbell, Tom Bevan/DTE Developers, 1661 Shoreline, Boise, Idaho 83701. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-15 (Medium High Density Residential) and C -N (Neighborhood Business), before the City Council. The zoning district of R-15 and C -N 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 31 building lots and 5 other lots on 1 I acres in a proposed R-15 and C -N zones for The Courtyards at Ten Mile. The requested conditional use permit for the Planned Development would also be to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length. The R-15 and C -N 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 Plan, which designates the subject property as Mixed Use - Community. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Wendel Bigham from Joint School District No. 2, expressed in his letter dated May 1, 2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles I 1 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 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The proposed bank and gas station will require CUP applications. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 3. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. B. Adopt Recommendations of Meridian's Fire Department as follows: 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4:2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be bome by the developer. 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 C. Adopt the recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 Site Specific Conditions of Approval Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road and 45 -feet of right-of-way, tapering to 37 -feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5 -foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48 -feet of right-of-way along Ten Mile Road and 45 -feet of right-of-way tapering to 37 -feet along Pine Avenue, and construct a minimum 5 -foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230 -feet south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36 -feet) and at least 30 - feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the right- in/right-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 220 -feet east of Ten Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the design of the driveway with District Traffic staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 4. Construct Treva Way and Marco Avenue as 40 -foot street sections with curb, gutter and 5 -foot sidewalk within 54 -feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29 -foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50 - feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 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 may be 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 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 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Recommendations of the 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. F. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side of Ten Mile, not the east side. 2. The developer shall be required to construct the following: Construct an additional lane on Pine Street at the intersection of Ten Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut -through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection, abutting the church site. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 5. The applicant wishes to reduce the front of garage setback to 18 feet. This will not be allowed if permanent parking is proposed in front of the garages. Temporary guest parking is permitted. (Per action of the City Council taken at their September 2, 2003 meeting.) 14. The applicant is also requesting, along with the conditional use permit, to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length. 15. It is found that the subject property's size of 11 acres is large enough to accommodate the proposed commercial and residential development and all other required features for this project. 16. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use— Commercial". The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. The applicant is proposing to include micropaths and a %2 acre park and tot lot to meet the requirement for two amenities for the planned development. 17. It is found that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. 18. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 19. It is found that the proposed development can be adequately served by the essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 20. 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. 21. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed commercial and residential uses. 22. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACHD report for this project will provide additional information. 23. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §6.7-6503). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 proposed use is otherwise prohibited by the terns of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general 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. Prior to granting a conditional use permit in the Medium High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 Residential District (R-15) and Neighborhood Business District (C -N) a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for I 1 acres in proposed R-15 and C -N zones for 31 building lots and 5 other lots for The Courtyards at Ten Mile. The requested conditional use permit for the Planned Development would also be to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length located at the southeast corner of W. Pine Avenue andN. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The proposed bank and gas station will require CUP applications. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. 3. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. B. Adopt Recommendations of Meridian's Fire Department as follows: 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 C. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right- of-way from available impact fees. The applicant shall dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road and 45 -feet of right-of-way, tapering to 37 -feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5 -foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48 -feet of right-of-way along Ten Mile Road and 45 -feet of right-of-way tapering to 37 -feet along Pine Avenue, and construct a minimum 5 -foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. C. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230 -feet south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the right-in/right-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue_ located approximately 220 -feet east of Ten Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 and install pavement tapers with 15 -foot radii abutting the existing roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40 -foot street sections with curb, gutter and 5 -foot sidewalk within 54 -feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29 -foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50 - feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 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 pen -nits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Stonn Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Recommendations of the 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 stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: Per the testimony of Rod Ralphs, an error was made in the ACRD report, and to clarify the bike lane, the bike lane shall be on the west side of Ten Mile, not the east side. 2. The developer shall be required to construct the following: Construct an additional lane on Pine Street at the intersection of Ten Mile. This additional lane will allow one tum lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut -through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine Street. This additional lane will allow one tum lane for left turning movements, and another lane for straight/right movements. Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection, abutting the church site. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 5. The applicant wishes to reduce the front of garage setback to 18 feet. This will not be allowed if permanent parking is proposed in front of the garages. Temporary guest parking is permitted. (Per action of the City Council taken at their September 2, 2003 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 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 22 By action of the City Council at its regular meeting held on the day of 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED _O'?— VOTED A MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:_ (1,23 MOTION: APPROVED: DISAPPROVED: 4kA- 0 `�tnuuururrr yO�A,r G�� pSlPOf�� �o1xi� Attest: .gip ��o rola z G�/r a'T a = 9G dor' William G. Berg, Jr., City CI 90 sr 7si • ZG ,`' cou q"`/Arlt rlrntt"P` Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ,\\G a SEFUL By: & c_. Dated: 1 v City Clerk00 %��©q �sr TST • ��� �G ZAWork\MlMeddian\Merldian 15360NCThe Courtyards at Ten Mile AZ -03-009 PP -03-010 CUP-03-020TfCrsCUP03-020.dw "Illo"UyTYj11 � i\\,,\ \ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 31. BUILDING LOTS AND 5 OTHER LOTS ON 11 ACRES FOR THE COURTYARDS AT TEN MILE IN A R-15 AND C -N ZONES, LOCATED AT THE SOUTHEAST CORNER OF W. PINE AVENUE AND N. TEN MILE ROAD, MERIDIAN, IDAHO DOUG CAMPBELL/TOM BEVAN/DTE DEVELOPERS, APPLICANT C/C 08/12/03 C/C 09/02/03 Case No. CUP -03-020 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on August 12, 2003 and continued until September 2, 2003, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for 31 building lots and 5 other lots on 11 acres in a proposed R-15 and C -N zones for The Courtyards at Ten Mile. The requested conditional use permit for the Planned Development would also be ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 1 OF 10 to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497 feet in length located at the southeast corner of W. Pine Avenue and N. Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The proposed bank and gas station will require CUP applications. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. B. Adopt Recommendations of Meridian's Fire Department as follows: One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department, ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 2 OF 10 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 C. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road and 45 -feet of right-of-way, tapering to 37 -feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5 -foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the eight -of -way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above-mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48 -feet of right-of-way along Ten Mile Road and 45 -feet of right-of-way tapering to 37 -feet along Pine Avenue, and construct a minimum 5 -foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 3 OF 10 b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. 2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230 -feet south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out restricted driveway on Ten Mile Road to its full width (rnaximum 36 -feet) and at least 30 - feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the design of the right- in/right-out restricted driveway on Ten Mile Road with District Traffic staff. 3. Construct a driveway on Pine Avenue located approximately 220 -feet east of Ten Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40 -foot street sections with curb, gutter and 5 -foot sidewalk within 54 -feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29 -foot street section on either side of any proposed cenier_ island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of-way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50 - feet back from the near edge of Pine Street and Treva Way. ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 4 OF 10 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be 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 DIOLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 5 OF 10 applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shallrequire the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 6 OF 10 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side of Ten Mile, not the east side. 2. The developer shall be required to construct the following: Construct an additional lane on Pine Street at the intersection of Ten Mile. This additional lane will allow one tum lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut -through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection, abutting the church site. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders. Sidewalks on the west side shall be within the existing ROW. 5. The applicant wishes to reduce the front of garage setback to 18 feet. This will not be allowed if pennanent parking is proposed in front of the garages. Temporary guest parking is permitted. (Per action of the City Council taken at their September 2, 2003 meeting.) 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. ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 7 OF 10 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11 -17 - ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 8 OF 10 ME NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 may be adversely affected by this decision 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 i� day of dice✓ 2003. Attest: William G. Berg, Jr., City C16fk. ° ORDER CONDITIONAL USE PERMIT (CUP -03-020) 756" vrc y G� aleel.GC OO C�J� C����.c� j�i�✓fGCe:z:a'- PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByiDated: City Clerk ZAWork\M\Meddian\Meridian 15360M\The Courtyards at Ten Mile AZ -03-009 PP -03-010 CUP-03-020\0rdetCUP.doc ORDER CONDITIONAL USE PERMIT (CUP -03-020) PAGE 10 OF 10