HomeMy WebLinkAboutKelly Creek Sub CUP 03-028BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/05/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR KELLY
CREEK SUBDIVISION IN AN R-8,
L-O, AND C-G ZONE, LOCATED
AT THE NORTHWEST CORNER
OF NORTH CINDER AND WEST
McMILLAN ROADS, MERIDLAN,
IDAHO
KEVIN HOWELL
CONSTRUCTION,
APPLICANT
Case No. CUP-03-028
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 5, 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,
Darin Fluke, Tony Moss, and Daniel Gibson, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter and the Recommendations to City
Council issued by the Planning and Zoning Commission who conducted a public hearing and the
Council having heard and taken oral and written testimony, and having duly considered the
matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and
Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 1 OF 31
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 5, 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 5, 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
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 northwest comer of Linder Road and McMillan
Road, Meridian, Idaho, and the parcel is contiguous to existing city limits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
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5. The owners of record of the subject property are Kevin Howell, Kelly and Brenda
Fulfer, Jack Fulfer, Randall and Tanya Calkins, and Kevin Howell Construction, are the current
property owners and all parties have submitted either notarized consent or a special power of
attorney for the subject applications.
6. Applicant is Kevin Howell Construction.
7. The subject property is currently zoned RUT by Ada County. There is, however,
an application for annexation and zoning to R-8 (Medium Density Residential), L-O (Limited
Office) and C-G (General Retail and Service Commercial) before the City Council. The zoning
districts of R-8, 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 214 building lots and 15 other lots, on 79.77 acres, including right-of-
way, in a proposed R-8, L-O and C-G zone for Kelly Creek Subdivision. The R-8, 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.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTPIONAL USE PERMIT
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maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
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:
This approval shall be referenced to the Preliminary Plat provided by the applicant and
stamped by the City of Meridian July 3, 2003.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
Applicant shall meet all of the requirements of the annexation and preliminary plat as a
condition of the Conditional Use Permit.
2. Applicant shall provide a road connection via a private street from W. Apgar Creek Street to
the commercial area in the vicinity of lot 41, Block 10. N. Dove Ridge Drive shall also be a
private street. Both streets shall be designed as a 29-foot street with 5-foot sidewalks on both
sides, in a 42-foot right-of--way. Construction standards shall meet ACHD standards per
Ordinance 12-6-2.A.8.
Lots 18, 19, 20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10.
4. The modified development standards, including reduced lot size, reduced frontages, and
exceeding block length requirements, are approved as depicted on the approved site plan.
5. The following amenities are required as part ofthe planned development: 7.59 acres of open
space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMIT
PAGE 4 OF 31
court basketball, and open play area. The subdivision also includes anetwork ofmid-block
pedestrian micropaths. All amenities shall be bonded for prior to signature on the final plat.
The central park and related amenities shall be constructed as part of Phase 1, as depicted on
the site plan.
6. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L-
O zone.
The proposed office and commercial areas within the development shall be required to apply
for a detailed Conditional Use Permit for a Planned Development prior to submitting for
building permits.
8. The detailed planned development approval of the office and commercial areas shall include
the following as a condition of approval: Across-access and cross-parking agreement shall
be recorded for the office and commercial areas prior to issuance of a Certificate or Zoning
Compliance in those areas.
9. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
10. Applicant shall submit 1 S copies of a revised preliminary plat/site plan and landscape plan in
conformance with this report and the direction ofthe Planning & Zoning Commission at least
10 days prior to the next hearing on this application.
C. Adopt the Recommendations of ACHD as follows:
These segments of Linder Road and McMillan Road are not listed in the adopted Capital
Improvements Plan; therefore, impact fees cannot be used to purchase the right-of--way
abutting the site. Right-of--way dedication is not required with this application. If the
applicant chooses to dedicate the right-of--way, ACHD will not provide compensation.
The applicant shall do one of the following:
Dedicate by donation an additional 5-feet ofright-of--way along McMillan
Road (30-feet total from the current centerline) and an additional 13-feet of
right-of--way along Linder Road (38-feet total from centerline), and construct a
minimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet
from the centerline of the existing roadway. The sidewalk on Linder Road
should be located a minimum of 41-feet from the centerline of the right-of-
way. Coordinate the location and elevation of the sidewalk with District staff.
Provide the District with an easement for any portion of the sidewalk(s) that
are not located within the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 5 OF 31
ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan
Road (40-feet total from the current centerline) and an additiona123-feet of
right-of--way along Linder Road (48-feet total from centerline), and construct a
minimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road, located within the new right-of--way. The sidewalk on McMillan Road
should be located a minimum of 35-feet from the centerline of the existing
roadway. The sidewalk on Linder Road should be located a minimum of 41-
feet from the centerline of the right-of--way. Provide the District with an
easement for any portion of the sidewalk(s) that are not located within the
right-of--way. Coordinate the location and elevation of the sidewalk with
District staff:
iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along McMillan Road and Linder Road in their ultimate
locations. The sidewalk on McMillan Road should be located a minimum of
35-feet from the centerline of the existing roadway. The sidewalk on Linder
Road should be located a minimum of 41-feet from the centerline of the right-
of-way. Provide the District with an easement for any portion of the
sidewalk(s) that are not located within the right-of--way.
iv. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along McMillan Road and Linder Road, located at the back
edge of the existing right-of--way (if feasible). Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
Coordinate the location and elevation of the sidewalk with District staff.
2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek
Way (now Wild Flower Drive) approach. The applicant may choose to install the
auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built,
or when the warrant is met. If the later option is chosen, the necessary right-of--way
needed to construct the subject auxiliary lane shall be dedicated with the abutting final
plat phase and constructed when the warrant is met. The necessity for auxiliary lane
construction (wan•ants) will be evaluated as each phase (final plat) is submitted.
Coordinate the final design of the turn lane with District staff.
Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street
intersection. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of--way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the final design of the tum lane with
District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 6 OF 31
4. Construct a sepazate northbound left-turn lane on Linder Road at Apgar Creek Street. The
applicant may choose to install the auxiliary tum lane either when the phase abutting the
subject auxiliary lane is being built, or when the warrant is met. If the later opfion is
chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be
dedicated with the abutting final plat phase and constructed when the warrant is met. The
necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final
plat) is submitted. Coordinate the final design of the turn lane with District staff.
5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way
approach. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of--way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the final design of the taper with
District staff.
6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west
of Linder Road, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of
McMillan Road, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of
Apgaz Creek Street and approximately 390-feet south of the approved Wild Goose Drive
to the north, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south
of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right-
in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet
into the site beyond the edge of pavement of the adjacent roadway edge and install
pavement tapers with 15-foot radii abutting the existing roadway edge.
10. Construct a commercial driveway on McMillan Road located approximately 250-feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway edge.
This driveway may be restricted to right-in/right-out movements in the future.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 7 OF 31
11. Construct a commercial driveway on McMillan Road located approximately 235-feet
west of the first commercial driveway on McMillan Road and approximately 500-feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway edge.
12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47
and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11
above, for access to the public street system.
13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in
alignment (measured centerline to centerline) or offset from the approved Palafine Way
on the south side of McMillan Road a minimum of 255-feet (measured near edge of
driveway to near edge of roadway). Provide the District with a copy of a recorded cross-
access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public
street system.
14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the
driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the
edge of pavement of McMillan Road and install pavement tapers with 15-foot radii
abutting the roadway edge. Said driveway may be utilized until the existing home located
on the lot is torn down or converted to another use. At the time of re-development, access
to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant
shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or
the L-O zoned lots to the west.
15. Unless otherwise approved by District staff, the applicant shall construct Ballinger
Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive,
Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek
Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide
concrete sidewalks, all within 50-feet ofright-of--way.
16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove
Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private
roadway).
17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22,
Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of
the abutting roadway. ACHD does not make any assurances that the private road that is a
part of this application will be accepted as a public road if such a request is made in the
future. Substantial redesign and reconstruction costs maybe necessary in order to qualify
this road for public ownership and maintenance. The following requirements must be met
if the applicant wishes to dedicate the roadway to ACHD:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 31
i. Dedicate a minimum of 50-feet ofright-of--way for the road.
ii. Construct the roadway to the minimum ACHD requirements.
18. Extend Wapoot Avenue from the west property line located approximately 125-feet south
of the north property line, as proposed.
19. Extend Apgar Creek Street from the west property line located approximately 690-feet
south of Wapoot Avenue (measured centerline to centerline), as proposed.
20. Extend Ballinger Avenue from the north property line located approximately 625-feet
east of the west property line, as proposed.
21. Extend Chimney Peak Avenue from the north property line located approximately 1,090-
feet east of Ballinger Avenue (measured centerline to centerline), as proposed.
22. Other than the access points specifically approved with this application, direct lot or
parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat(s).
23. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 9 OF 31
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.
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 (spaze or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they 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 propertyunless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
One and two family dwellings will require afire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
2. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A
3. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
4. Final Approval of the fire hydrant locafions shall be by the Meridian Fire Department thru the
Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 31
5. All roads shall have a fuming 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.
8. A minimum of two points of access will be required for any portion ofthe project, which serves
more than 50 homes. UFC 902.2.1
9. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer
E. Adopt the Recommendation of Settlers Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function.
2. All storm drainage must be retained on-site.
3. The development must supply irrigation access to all lots within the above-named
subdivision. If the developer wishes to have Settlers Irrigation District own,
operate, and maintain the pressure irrigation system an agreement needs to be in
place prior to the pre-construction meeting.
F. Adopt the 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE I1 OF 31
5. The Engineers and architects involved with the design of the subject project shall
obtain cun•ent best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
G. Adopt the Recommendations of the Sanitary Services Company as follows:
More information needs to be submitted for the commercial and retail waste
enclosures [upon submittal of a detailed CUP application].
H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows:
For clarification:
The applicant is providing about four and a half acres for a park in the center of the
residential project, including a tot lot, basketball court and an open play field, along
with landscaping.
2. The applicant is providing an interconnected system of pathways to help split long
blocks, and to help promote and enhance pedestrian access to the public road
network.
The applicant is providing almost ten percent of open space, as well as the
interconnecting system of pathways.
4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing
how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A
proposed street modification to allow the centerline of Apgar Creek to align with the
centerline of the 30 foot wide private driveway to the west of the main entry street,
has been drawn by hand on the sketch. The deflection angle is less than the 20
degrees allowed by ACHD and shall meet the District's intersection requirements.
5. The applicant provided a conceptual layout showing how the maximum project
would lay out. The present conceptual plat allows for 214 single family dwelling lots
and said conceptual layout is approved as submitted to the Council at their August 5,
2003 meeting, with the understanding the applicant shall be required to provide a
detailed plat for approval.
6. The applicant also stated at the August 5, 2003 hearing that they are sharing an
irrigation system with Lochsa Falls, which presently Lochsa Falls is building the
pump station that will serve both developments. The system is requiring a 16 inch
water line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
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The applicant shall be required to work with the school district on the driveways
needed for the district, and said driveways shall be shown on the approved plat.
8. The applicant shall provided an L-type tumaround for fire or emergency vehicles to
turn around, but the L-type turnaround shall have to meet the approval of the
Meridian Fire Department.
9. The applicant is providing 214 single family building lots and 15 other lots on the
79.77 acres in size, including right-of--way.
14. The applicant has requested approval of a Conditional Use Permit for a Planned
Development to allow reduced development standards including reduced lot size, reduced
frontages, and to exceed block length requirements. Additionally, as part of the planned
development request, the applicant has requested 20% land use exception to allow office and
commercial uses in the project. The proposed 10 office buildings will total up to 34,200 s.f. on
5.99 acres and the 4 commercial buildings will total up to 35,790 s.f. on 5.8 acres. The excepted
uses comprise approximately 15% of the overall project area. The applicant has provided the
following amenities as part of the planned development: 7.59 acres (9.51 %) open space,
including a 3.4 acre central private park. The park includes a tot lot, gazebo, half-court
basketball, and open play area. The subdivision also includes a network of mid-block pedestrian
micropaths.
15. It is found that the subject property is large enough to accommodate the requested
use and all other required features. All residential lots are of adequate size and shape to
accommodate homes that would comply with the zoning ordinance bulk and dimensional
standards. The commercial properties appear to be of adequate size to accommodate structures,
parking, and drive aisles.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
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16. The current Comprehensive Plan Land Use Map designates the property as
"Medium Density Residential". The proposed mix of residential, commercial and office uses
can comply with the Comprehensive Plan by means of approval as a Planned Development if the
requested use exception is granted. It is found that if the modifications required in this report are
done, the application will meet the requieements of the Planned Development and other Zoning
Ordinances.
17. It is found that the design concept would be compatible with the intended
character of the area. The approved conceptual plat was approved and was dated August 5, 2003.
18. It is not anticipated that the proposed development 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 and services.
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 that would be considered excessive.
21. It is found that there will be an increase in traffic and noise in the general vicinity
if the subdivision is approved, but that approval of the subdivision will not lead to a major
increase in smoke, fumes, glaze, odors or other disturbances that will be considered detrimental
to the welfare of the City and the subdivision's neighbors.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 31
23. It is not found that any nataral, scenic or historic feature will be lost, damaged or
destroyed by issuance of this conditional use.
24. It is found that the office/multiple-family housing uses are related to the primary
residential use of the development. The office and commercial uses will provide services that
will be complementary to the residents of the subdivision, and may provide employment
opportunities as well. There is some concern about confinuing to allow commercial uses on the
arterial intersections, since they create additional congesfion at the intersections and compete
with the neighborhood centers shown in the Comprehensive Plan. However, in this location,
since other office/commercial use exceptions have already been approved on two or the other
comers, it is found that the layout will match the character of other surrounding developments.
25. The proposed 10 office buildings will total up to 34,200 s.f. on 5.99 acres and the
4 commercial buildings will total up to 35,790 s.f. on 5.8 acres. The total area to be annexed for
the project is 79.77 acres, including right-of--way. Thus, it is found that the excepted uses utilize
approximately 15% of the overall project area. It is found that the size and intensity of the
excepted uses is appropriate for this location and size of development. Additionally, the
applicant shall verify the number of lots for the commercial and office uses. There are 214
building lots and 15 other lots. The lot layout for the conunercial and office aeeas are conceptual
only and they are not being platted at this time. This infers that only the residential areas are
approved on the preliminary plat and the commercial and office areas shall need to be shown as a
single large lot for each area, with the layout to be determined by a future preliminary plat for
those aeeas.
26. It is found that the excepted uses (office and commercial) will be phased and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 15 OF 31
constructed in a manner that justifies their inclusion as part of the project's primary residential
uses.
27. It is found that the office/commercial uses are located in the southeast and
southwest comers of the proposed development. It is found that the excepted uses aze within
convenient walking distance for many of the residents within the proposed subdivision.
28. It is found that the proposed office azea has a road connection to the residential
use on its north boundary and a pedestrian connection to the east. The commercial azea at the
southeast corner of the subdivision has a pedestrian connection, but no vehiculaz connection. It
is recommended that a road be provided to connect via a private street to the commercial area in
the vicinity of Lot 41, Block 10.
29. It is found that the proposed development has one pedestrian/bicycle connection
to each use exception area. With the addition of a vehicular access on the north side of the
commercial area, it is recommended that the pedestrian connection (Lot 36, Block 10) shift to
provide pedestrian/bicycle access from the west near Lot 31, Block 10.
30. It is found that the excepted commercial layout does not currently facilitate
vehicular access from the primary use site, unless a private street connection is provided to W.
Apgar Creek Street. With that addition and shifting the pedestrian access, it is found that
adequate access will be facilitated. It is found that the proposed building orientation places the
rear of the structures abutting the pedestrian accesses, which obscure the accesses and make them
less friendly for the users. It is recommended to realign the building pads and/or pedestrian
accesses to be in a more visible location.
31. It is found that the landscaping inconsistent throughout the development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMIT
PAGE 16 OF 31
Architectural and building bulk concepts will need to be submitted with a new detailed
conditional use permits for each of the office and commercial areas.
32. It is found that the office, commercial and multi-family uses are not regional in
size or character.
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 (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 requited, 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 standazds aze met and that the
proposed development: (Meridian City Code § 11-17-3)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMTI'
PAGE 17 OF 31
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as maybe required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
o. 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 azea;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, pazks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfaze 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, glaze 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), Limited Office District (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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTrIONAL USE PERNIIT
PAGE 18 OF 31
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;
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 19 OF 31
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 ganted a conditional use permit for a Planned
Development consisting of 214 building lots and 15 other lots, on 79.77 acres, including right-of-
way, in a proposed R-8, L-O and C-G zone for Kelly Creek Subdivision., 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 approval shall be referenced to the Preliminary Plat provided by the applicant and
stamped by the City of Meridian July 3, 2003.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a
condition of the Conditional Use Permit.
2. Applicant shall provide a road connection via a private street from W. Apgar Creek Street to
the commercial area in the vicinity of lot 41, Block 10. N. Dove Ridge Drive shall also be a private
street. Both streets shall be designed as a 29-foot street with 5-foot sidewalks on both sides, in a 42-
foot right-of--way. Construction standards shall meet ACHD standards per Ordinance 12-6-2.A.8.
3. Lots 18, 19, 20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10.
4. The modified development standards, including reduced lot size, reduced frontages, and
exceeding block length requirements, are approved as depicted on the approved site plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMTP
PAGE 20 OF 31
5. The following amenities are required as part of the planned development: 7.59 acres ofopen
space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half-court
basketball, and open play area. The subdivision also includes a network of mid-block pedestrian
micropaths. All amenities shall be bonded for prior to signature on the final plat. The central park
and related amenities shall be constructed as part of Phase 1, as depicted on the site plan.
6. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L-
O zone.
7. The proposed office and commercial areas within the development shall be required to apply
for a detailed Conditional Use Permit for a Planned Development prior to submitting for building
permits.
8. The detailed planned development approval of the office and commercial areas shall include
the following as a condition of approval: Across-access and cross-pazking agreement shall be
recorded for the office and commercial areas prior to issuance of a Certificate or Zoning Compliance
in those areas.
9. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
10. Applicant shall submit 15 copies of a revised preliminary plat/site plan and landscape plan in
conformance with this report and the direcfion of the Planning & Zoning Commission at least 10
days prior to the next hearing on this application.
C. Adopt the Recommendations of ACHD as follows:
These segments of Linder Road and McMillan Road aze not listed in the adopted Capital
Improvements Plan; therefore, impact fees cannot be used to purchase the right-of--way
abutting the site. Right-of--way dedication is not required with this application. If the
applicant chooses to dedicate the right-of--way, ACHD will not provide compensation.
The applicant shall do one of the following:
i. Dedicate by donation an additional 5-feet ofright-of--way along McMillan
Road (30-feet total from the current centerline) and, an additional 13-feet of
right-of--way along Linder Road (38-feet total from centerline), and construct a
minimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet
from the centerline of the existing roadway. The sidewalk on Linder Road
should be located a minimum of 41-feet from the centerline of the right-of-
way. Coordinate the location and elevation of the sidewalk with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 21 OF 31
Provide the District with an easement for any portion of the sidewalk(s) that
are not located within the right-of--way.
ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan
Road (40-feet total from the current centerline) and an additiona123-feet of
right-of--way along Linder Road (48-feet total from centerline), and construct a
minimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road, located within the new right-of--way. The sidewalk on McMillan Road
should be located a minimum of 35-feet from the centerline of the existing
roadway. The sidewalk on Linder Road should be located a minimum of 41-
feet from the centerline of the right-of--way. Provide the District with an
easement for any portion of the sidewalk(s) that are not located within the
right-of--way. Coordinate the location and elevation of the sidewalk with
District staff.
iii. Do not dedicate additional right-of--way, but construct, a minimum 5-foot wide
concrete sidewalk along McMillan Road and Linder Road in their ultimate
locations. The sidewalk on McMillan Road should be located a minimum of
35-feet from the centerline of the existing roadway. The sidewalk on Linder
Road should be located a minimum of 41-feet from the centerline of the right-
of-way. Provide the District with an easement for any portion of the
sidewalk(s) that are not located within the right-of--way.
iv. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along McMillan Road and Linder Road, located at the back
edge of the existing right-of--way (if feasible). Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
Coordinate the location and elevation of the sidewalk with District staff.
2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek
Way (now Wild Flower Drive) approach. The applicant may choose to install the
auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built,
or when the warrant is met. If the later option is chosen, the necessary right-of--way
needed to construct the subject auxiliary lane shall be dedicated with the abutting final
plat phase and constructed when the warrant is met. The necessity for auxiliary lane
construction (warrants) will be evaluated as each phase (final plat) is submitted.
Coordinate the final design of the tum lane with District staff.
Construct a separate southbound right-tum lane on Linder Road at the Apgar Creek Street
intersection. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of--way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 22 OF 31
as each phase (final plat) is submitted. Coordinate the final design of the turn lane with
District staff.
4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The
applicant may choose to install the auxiliary turn lane either when the phase abutting the
subject auxiliary lane is being built, or when the warrant is met. If the later option is
chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be
dedicated with the abutting final plat phase and constructed when the warrant is met. The
necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final
plat) is submitted. Coordinate the final design of the turn lane with District staff.
5. Construct a taper off of Linder Road for southbound right toms at the Deer Crest Way
approach. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of--way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane constmction (warrants) will be evaluated
as each phase (fmal plat) is submitted. Coordinate the final design of the taper with
District staff.
6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west
of Linder Road, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
Construct Apgar Creek Street to intersect Linder Road approximately. 530-feet north of
McMillan Road, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of
Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive
to the north, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south
of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right-
in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet
into the site beyond the edge of pavement of the adjacent roadway edge and install
pavement tapers with 15-foot radii abutting the existing roadway edge.
10. Construct a commercial driveway on McMillan Road located approximately 250-feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway edge.
This driveway maybe restricted to right-in/right-out movements in the future.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 23 OF 31
11. Construct a commercial driveway on McMillan Road located approximately 235-feet
west of the first commercial driveway on McMillan Road and approximately 500-feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway edge.
12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47
and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11
above, for access to the public street system.
13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in
alignment (measured centerline to centerline) or offset from the approved Palatine Way
on the south side of McMillan Road a minimum of 255-feet (measured near edge of
driveway to near edge of roadway). Provide the District with a copy of a recorded cross-
access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public
street system.
14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the
driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the
edge of pavement of McMillan Road and install pavement tapers with 15-foot radii
abutting the roadway edge. Said driveway maybe utilized until the existing home located
on the lot is tom down or converted to another use. At the time of re-development, access
to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant
shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or
the L-O zoned lots to the west.
15. Unless otherwise approved by District staff, the applicant shall construct Ballinger
Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive,
Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek
Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide
concrete sidewalks, all within 50-feet ofright-of--way.
16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove
Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private
roadway).
17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22,
Block 1 Q its full width and at least 30-feet into the site beyond the edge of pavement of
the abutting roadway. ACHD does not make any assurances that the private road that is a
part of this application will be accepted as a public road if such a request is made in the
future. Substantial redesign and reconstruction costs may be necessary in order to qualify
this road for public ownership and maintenance. The following requirements must be met
if the applicant wishes to dedicate the roadway to ACHD:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMPP
PAGE 24 OF 31
i. Dedicate a minimum of 50-feet ofright-of--way for the road.
ii. Construct the roadway to the minimum ACHD requirements.
18. Extend Wapoot Avenue from the west property line located approximately 125-feet south
of the north property line, as proposed.
19. Extend Apgar Creek Street from the west property line located approximately 690-feet
south of Wapoot Avenue (measured centerline to centerline), as proposed.
20. Extend Ballinger Avenue from the north property line located approximately 625-feet
east of the west property line, as proposed.
21. Extend Chimney Peak Avenue from the north property line located approximately 1,090-
feet east of Ballinger Avenue (measured centerline to centerline), as proposed.
22. Other than the access points specifically approved with this application, direct lot or
parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat(s).
23. 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 maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 25 OF 31
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees aze required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spaze or filled) aze 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 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.
D. Adopt the Meridian Fire Department Recommendations as follows:
One and two family dwellings will require afire-flow of 1,000 gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average
of 400' apart. 1997 UFC Appendix III-A
2. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 26 OF 31
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 constucton 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 turn around.
8. A minimum of two points of access will be required for any portion of the project, which serves
more than 50 homes. UFC 902.2.1
9. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer
E. Adopt the Recommendation of Settlers Irrigation District as follows:
All imgation/drainage facilities along with their easements must be protected and
continue to function.
All storm drainage must be retained on-site.
3. The development must supply irrigation access to all lots within the above-named
subdivision. If the developer wishes to have Settlers Irrigation District own,
operate, and maintain the pressure irrigation system an agreement needs to be in
place prior to the pre-construction meeting.
F. Adopt the Recommendations of the Central District Health Department as follows:
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 27 OF 31
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.
G. Adopt the Recommendations of the Sanitary Services Company as follows:
More information needs to be submitted for the commercial and retail waste
enclosures [upon submittal of a detailed CUP application].
H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows:
For clarification:
The applicant is providing about four and a half acres for a park in the center of the
residential project, including a tot lot, basketball court and an open play field, along
with landscaping.
2. The applicant is providing an interconnected system of pathways to help split long
blocks, and to help promote and enhance pedestrian access to the public road
network.
3. The applicant is providing almost ten percent of open space, as well as the
interconnecting system of pathways.
4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing
how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A
proposed street modification to allow the centerline ofApgar Creek to align with the
centerline of the 30 foot wide private driveway to the west of the main entry street,
has been drawn by hand on the sketch. The deflection angle is less than the 20
degrees allowed by ACHD and shall meet the District's intersection requirements.
5. The applicant provided a conceptual layout showing how the maximum project
would lay out. The present conceptual plat allows for 214 single family dwelling lots
and said conceptual layout is approved as submitted to the Council at their August 5,
2003 meeting, with the understanding the applicant shall be required to provide a
detailed plat for approval.
6. The applicant also stated at the August 5, 2003 hearing that they are sharing an
irrigation system with Lochsa Falls, which presently Lochsa Falls is building the
pump station that will serve both developments. The system is requiring a 16 inch
water line.
The applicant shall be required to work with the school district on the driveways
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 28 OF 31
needed for the district, and said driveways shall be shown on the approved plat.
8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to
turn around, but the L-type turnaround shall have to meet the approval of the
Meridian Fire Department.
9. The applicant is providing 214 single family building lots and 15 other lots on the
79.77 acres in size, including right-of--way.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
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 29 OF 31
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 TAHINGS 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 maybe 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTPIONAL USE PERMTl'
PAGE 30 OF 31
By action of the City Council at its regular meeting held on the ~ day of
~~~ , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED_ C~~i
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE Mc CANDLESS VOTED~Gev
COUNCILMAN WILLIAM L.M. NARY VOTED~fC~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~~
DATED: D3
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, Planning
Departrnent and the City Attorney.
By: <%~~
City Clerk
Public Works
Z:1WodclMVNeridianlMeridian 15360M1Kelly Creek Sub AZ 03-013 PP-03-014 CUP-03-028\FfCIsCIJP03-028.doc
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~~'%.,~COU7VTY ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 31 OF 31
BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 08/05/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
U5E PERMIT FOR A PLANNED
DEVELOPMENT FOR KELLY
CREEK SUBDIVISION IN AN R-8,
L-O, AND C-G ZONE, LOCATED
AT THE NORTHWEST CORNER
OF NORTH CINDER ROAD AND
Case No. CUP-03-028
ORDER GRANTING
CONDITIONAL USE PERMIT
WEST McMILLAN ROAD,
MERIDIAN, H)AHO
KEVIN HOWELL
CONSTRUCTION,
APPLICANT
This matter coming before the City Council on August 5, 2003, under the
provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a Planned
Development consisting of 214 building lots and 15 other lots, on 79.77 acres, including right-of-
way, in a proposed R-8, L-O and C-G zone for Kelly Creek Subdivision located at the northwest
corner of North Linder and West McMillan Roads, Meridian, Idaho, subject to the following
conditions of use and development:
ORDER CONDITIONAL USE PERMTI'
(CUP-03-028)
PAGE 1 OF 13
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
This approval shall be referenced to the Preliminary Plat provided by the applicant and
stamped by the City of Meridian July 3, 2003.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
Applicant shall meet all of the requirements of the annexation and preliminary plat as a
condition of the Conditional Use Permit.
2. Applicant shall provide a road connection via a private street from W. Apgaz Creek Street to
the commercial area in the vicinity of lot 41, Block 10. N. Dove Ridge Drive shall also be a
private street. Both streets shall be designed as a 29-foot street with 5-foot sidewalks on both
sides, in a 42-foot right-of--way. Construction standards shall meet ACHD standards per
Ordinance 12-6-2.A.8.
3. Lots 18, 19, 20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10.
4. The modified development standards, including reduced lot size, reduced frontages, and
excceding block length requirements, are approved as depicted on the approved site plan.
5. The following amenities aze required as part of the planned development: 7.59 acres ofopen
space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half-
courtbasketball, and open play area. The subdivision also includes a network of mid-block
pedestrian micropaths. All amenities shall be bonded for prior to signature on the final plat.
The central park and related amenities shall be constructed as part ofPhase 1, as depicted on
the site plan.
6. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L-
O zone.
7. The proposed office and commercial areas within the development shall be required to apply
for a detailed Conditional Use Permit for a Planned Development prior to submitting for
building permits.
8. The detailed planned development approval ofthe office and commercial areas shall include
the following as a condition of approval: Across-access and cross-parking agreement shall
be recorded for the office and commercial areas prior to issuance of a Certificate or Zoning
Compliance in those areas.
ORDER CONDITIONAL USE PERMIT
(CUP-03-028)
PAGE 2 OF 13
9. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
10. Applicant shall submit 15 copies of a revised preliminary plat/site plan and landscape plan in
conformance with this report and the direction ofthe Planning & Zoning Commission at least
10 days prior to the next hearing on this application.
C. Adopt the Recommendations of ACHD as follows:
These segments of Linder Road and McMillan Road are not listed in the adopted Capital
Improvements Plan; therefore, impact fees cannot be used to purchase theright-of--way
abutting the site. Right-of--way dedication is not required with this application. If the
applicant chooses to dedicate the right-of--way, ACHD will not provide compensation.
The applicant shall do one of the following:
i. Dedicate by donation an additional 5-feet ofright-of--way along McMillan
Road (30-feet total from the current centerline) and an additional 13-feet of
right-of--way along Linder Road (38-feet total from centerline), and construct a
minimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road. The sidewallc on McMillan Road shall be located a minimum of 35-feet
from the centerline of the existing roadway. The sidewalk on Linder Road
should be located a minimum of 41-feet from the centerline of the right-of-
way. Coordinate the location and elevation of the sidewalk with District staff:
Provide the District with an easement for any portion of the sidewalk(s) that
are not located within the right-of--way.
ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan
Road (40-feet total from the current centerline) and an additiona123-feet of
right-of--way along Linder Road (48-feet total from centerline), and construct a
minimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road, located within the new right-of--way. The sidewalk on McMillan Road
should be located a minimum of 35-feet from the centerline of the existing
roadway. The sidewalk on Linder Road should be located a minimum of 41-
feet from the centerline of the right-of--way. Provide the District with an
easement for any portion of the sidewallc(s) that are not located within the
right-of--way. Coordinate the location and elevation of the sidewalk with
District staff.
iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along McMillan Road and Linder Road in their ultimate
locations. The sidewallc on McMillan Road should be located a minimum of
ORDER CONDTI'IONAL USE PERMIT
(CUP-03-028)
PAGE 3 OF 13
35-feet from the centerline of the existing roadway. The sidewalk on Linder
Road should be located a minimum of 41-feet from the centerline of the right-
of-way. Provide the District with an easement for any portion of the
sidewalk(s) that are not located within the right-of--way.
iv. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along McMillan Road and Linder Road, located at the back
edge of the existing right-of--way (if feasible). Accomplish all necessary
adjustments to properly accommodate existing drainage and utilities.
Coordinate the location and elevation of the sidewalk with District staff.
2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek
Way (now Wild Flower Drive) approach. The applicant may choose to install the
auxiliary tom lane either when the phase abutting the subject auxiliary lane is being built,
or when the warrant is met. If the later option is chosen, the necessary right-of--way
needed to construct the subject auxiliary lane shall be dedicated with the abutting final
plat phase and constructed when the wan•ant is met. The necessity for auxiliary lane
construction (warrants) will be evaluated as each phase (final plat) is submitted.
Coordinate the final design of the turn lane with District staff.
3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street
intersection. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of--way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the final design of the turn lane with
District staff.
4. Construct a separate northbound left-tom lane on Linder Road at Apgar Creek Street. The
applicant may choose to install the auxiliary turn lane either when the phase. abutting the
subject auxiliary lane is being built, or when the warrant is met. If the later option is
chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be
dedicated with the abutting final plat phase and constructed when the warrant is met. The
necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final
plat) is submitted. Coordinate the final design of the turn lane with District staff.
5. Construct a taper off of Linder Road for southbound right toms at the Deer Crest Way
approach. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of--way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
ORDER CONDITIONAL USE PERNIIT
(CUP-03-028)
PAGE 4 OF 13
warrant is met. The necessity for auxiliary lane construcfion (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the final design of the taper with
District staff.
6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west
of Linder Road, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
Constntct Apgar Creek Street to intersect Linder Road approximately 530-feet north of
McMillan Road, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks.
8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of
Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive
to the north, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet ofright-of--way with curb, gutter and S-foot wide concrete sidewalks.
9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south
of Apgar Creek Street and no closer than 150-feet from McMillan Road (forright-
in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet
into the site beyond the edge of pavement of the adjacent roadway edge and install
pavement tapers with 15-foot radii abutting the existing roadway edge.
10. Construct a commercial driveway on McMillan Road located approximately 250-feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway edge.
This driveway may be restricted to right-in/right-out movements in the future.
11. Construct a commercial driveway on McMillan Road located approximately 235-feet
west of the first commercial driveway on McMillan Road and approximately 500-feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway edge.
12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47
and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11
above, for access to the public street system.
13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in
alignment (measured centerline to centerline) or offset from the approved Palatine Way
on the south side of McMillan Road a minimum of 255-feet (measured near edge of
ORDER CONDITIONAL USE PERMIT
(CUP-03-028)
PAGE 5 OF 13
driveway to near edge of roadway). Provide the District with a copy of a recorded cross-
access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public
street system.
14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the
driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the
edge of pavement of McMillan Road and install pavement tapers with 15-foot radii
abutting the roadway edge. Said driveway may be utilized until the existing home located
on the lot is torn down or converted to another use. At the time of re-development, access
to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant
shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or
the L-O zoned lots to the west.
15. Unless otherwise approved by District staff, the applicant shall construct Ballinger
Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive,
Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek
Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide
concrete sidewalks, all within 50-feet ofright-of--way.
16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove
Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private
roadway).
17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22,
Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of
the abutting roadway. ACHD does not make any assurances that the private-road that is a
part of this application will be accepted as a public road if such a request is made in the
future. Substantial redesign and reconstruction costs maybe necessary in order to qualify
this road for public ownership and maintenance. The following requirements must be met
if the applicant wishes to dedicate the roadway to ACHD:
i. Dedicate a minimum of 50-feet ofright-of--way for the road.
ii. Construct the roadway to the minimum ACRD requirements.
18. Extend Wapoot Avenue from the west property line located approximately 125-feet south
of the north property line, as proposed.
19. Extend Apgar Creek Street from the west property line located approximately 690-feet
south of Wapoot Avenue (measured centerline to centerline), as proposed.
20. Extend Ballinger Avenue from the north property line located approximately 625-feet
east of the west property line, as proposed.
ORDER CONDITIONAL USE PERMIT
(CUP-03-028)
PAGE 6 OF 13
21. Extend Chimney Peak Avenue from the north property line located approximately 1,090-
feet east of Ballinger Avenue (measured centerline to centerline), as proposed.
22. Other than the access points specifically approved with this application, direct lot or
parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat(s).
23. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable 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.
ORDER CONDTTIONAL USE PERMIT
(CUP-03-028)
PAGE 7 OF 13
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 (spaze or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they aze in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject 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.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
2. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A
3. 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
The phasing plan may require that any roadway greater than 150' in length that is not
ORDER CONDITIONAL USE PERMIT
(CUP-03-028)
PAGE 8 OF 13
provided with an outlet shall be required to have a tum around.
8. A minimum of two points of access will be required for any portion ofthe project, which serves
more than 50 homes. UFC 902.2.1
9. The fire department requests that any future signaliza6on installed as the result of the
development of this project be equipped with Opficom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost ofthis installation is to be
borne by the developer
E. Adopt the Recommendation of Settlers Irrigation District as follows:
All irrigation drainage facilities along with their easements must be protected and
continue to function.
2. All storm drainage must be retained on-site.
3. The development must supply irrigation access to all lots within the above-named
subdivision. If the developer wishes to have Settlers Irrigation District own,
operate, and maintain the pressure irrigation system an agreement needs to be in
place prior to the pre-construction meeting.
F. Adopt the 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. 5tonnwater 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.
ORDER CONDTTIONAL USE PERNIIT
(CUP-03-028)
PAGE 9 OF 13
G. Adopt the Recommendations of the Sanitary Services Company as follows:
More information needs to be submitted for the commercial and retail waste
enclosures [upon submittal of a detailed CUP application].
H. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows:
For clarification:
The applicant is providing about four and a half acres for a park in the center of the
residential project, including a tot lot, basketball court and an open play field, along
with landscaping.
2. The applicant is providing an interconnected system of pathways to help split long
blocks, and to help promote and enhance pedestrian access to the public road
network.
The applicant is providing almost ten percent of open space, as well as the
interconnecting system of pathways.
4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showirig
how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A
proposed street modification to allow the centerline ofApgar Creek to align with the
centerline of the 30 foot wide private driveway to the west of the main entry street,
has been drawn by hand on the sketch. The deflection angle is less than the 20
degrees allowed by ACHD and shall meet the District's intersection requirements.
5. The applicant provided a conceptual layout showing how the maximum project
would lay out. The present conceptual plat allows for 214 single family dwelling lots
and said conceptual layout is approved as submitted to the Council at their August 5,
2003 meeting, with the understanding the applicant shall be required to provide a
detailed plat for approval.
6. The applicant also stated at the August 5, 2003 hearing that they are sharing an
irrigation system with Lochsa Falls, which presently Lochsa Falls is building the
pump station that will serve both developments. The system is requiring a 16 inch
water line.
The applicant shall be required to work with the school district on the driveways
needed for the district, and said driveways shall be shown on the approved plat.
ORDER CONDITIONAL USE PERMIT
(CUP-03-028)
PAGE 10 OF 13
8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to
turn around, but the L-type tumaround shall have to meet the approval of the
Meridian Fire Department.
9. The applicant is providing 214 single family building lots and 15 other lots on the
79.77 acres in size, including right-of--way.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
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,
safisfy 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
ORDER CONDITIONAL USE PERMIT
(CUP-03-028)
PAGE 11 OF 13
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. hi 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 RIGHT TO REGULATORY TAHINGS 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 Pefition
for Judicial Review maybe filed.
By action of the City Council at its regular meeting held on the --L~~ _ day of
/~~~~~ , 2003.
Robert D. Corrie, Mayor City of Meridian
Attest:
ORDER CONDTTIONAL USE PERMIT
(CUP-03-028)
PAGE 12 OF 13
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William G. Berg, Jr., City 1 = ~ c
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and City Attorney.
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By: t~i~._.
City Clerk
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