HomeMy WebLinkAboutTuscany Village CUP 03-029BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/09/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FORA 136 LOT
RESIDENTIAL SUBDIVISION
WITH 10 OTHER LOTS ON 33.26
ACRES FOR TUSCANY VILLAGE
IN AN R-8 ZONE, LOCATED AT
THE SOUTHWEST
INTERSECTION OF VICTORY
ROAD AND LOCUST GROVE
ROAD, MERIDIAN, IDAHO
Case No. CUP-03-029
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
TUSCANY DEVELOPMENT,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on September 9, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, Brad Watson of the Public Works Department, Kent Brown, Matt Schultz, Cathy
Jerrems, Sue Howard, Russ Liddell, and Brent Clayborne, 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 CONDTPIONAL USE PERMIP
PAGE 1 OF 15
FINDINGS OF FACT
A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for September 9, 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 September 9, 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 southwest intersection of Victory Road and South
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 2 OF 15
Locust Grove Road, Meridian, Idaho, and the parcel is contiguous to existing city limits.
5. The owner of record of the subject properly is Tuscany Development Corporation.
6. Applicant is Tuscany Development Corporation.
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), before the City
Council. The zoning district of R-8 is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for 1361ot residential
subdivision with 10 other lots on 33.26 acres in a proposed R-8 zone for Tuscany Village. The
requested conditional use permit for the Planned Development would allow reduced lot sizes,
reduced setbacks, reduced frontages, reduced house sizes, and to exceed block length
requirements. The R-8 zoning designation is within the City of Meridian Zoning and
Development Ordinance requires a wnditional 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". The
Comprehensive Plan also indicates that the subject property should have amulti-use pathway
running north-south through the subdivision along the Ten Mile Creek. Page 54 of the
Comprehensive Plan addresses the issue of pathways and states that they should be in compliance
with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should
be located "off street". The applicant has indicated that they will construct a 10' asphalt multi-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMTl'
PAGE 3 OF 15
use pathway along the Ten Mile Creek.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns of Quasar Development, expressed in
their letter dated August 4, 2003.
12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the Ciry of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
13. Giving due considerafion 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 aze imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20
feet for garage.
2. Change page 12, pazagraph three to read: The reductions to footage and minimum lot
sizes, as well as the request to exceed block length maximums, are approved with one
change in that the front setbacks for garages will be 20 feet.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS (Condifional Use Permit)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERNIIT
PAGE 4 OF 15
Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed
block length maximums are approved as submitted.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a
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. Operational fire hydrants and temporary or permanent street signs are required before combustible
construcfion begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fine protection will be by the Meridian
Water Deparhnent.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
5. All radii shall be 28' inside and 48' outside radius for all internal roads.
6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'.
UFC 902.2.1
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. During the phased development of the proj ect, two points of access will have to be provided to all
points of the project serving more than thirty homes.
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 15
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
14. The applicant is also requesting, along with the conditional use permit, to allow
reduced lot sizes, reduced setbacks, reduced frontages, reduced house sizes, and to exceed block
length requirements.
15. It is found that the subject property's size of 33.26 acres is large enough to
accommodate the proposed subdivision and all other required features for this project.
16. The current Comprehensive Plan Land Use Map designates the property as "Medium
Use Residential". It is found that the proposed residential uses are harmonious with and in
accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a
planned development in order to allow reduced lot sizes, reduced setbacks, reduced frontages,
reduced house sizes, and to exceed block length requirements. If the project is approved as a
Planned Development, it will meet the minimum requirements of the MCC.
17. It is found that the proposed uses will be compafible with other uses in the general
neighborhood and the existing and intended chazacter of the general vicinity.
18. It is not anticipated that the proposed project will have an adverse impact on the
surrounding properties within the vicinity.
19. It is found that the proposed development will be adequately served by the
essential public facilities and services, including: streets, police and fire protection, drainage
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 15
structures, refuse disposal, water and sewer.
20. It is found that the proposed use would not be detrimental to the economic welfare
of the community; the applicant will be responsible for the costs of extending existing sewer and
water mains to the subject property.
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, glare, odors or other disturbances that will be considered detrimental
to the welfare of the City and the subdivision's neighbors.
22. Based on the ACRD staff report, it is found that the proposed vehicular
approaches are sufficient such that the development will not create significant interference with
any traffic on the surrounding public streets. ACHD has not indicated that there are any
significant traffic issues facing the proposed project. Review of ACHD's report for this project
will provide additional information.
23. It is not found that any natural, scenic or historic feature will be lost, damaged or
destroyed by issuance of this conditional use. It is found that there are no such features on the
subject property.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 15
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards aze met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is lazge enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential chazacter 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, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 15
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Medium Density Residential
District (R-8) a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the external
boundaries of the land under consideration for the conditional use permit all in accordance with
the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development
Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMIT
PAGE 9 OF 15
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.
The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit fora 1361ot
residential subdivision with 10 other lots on 33.26 acres in proposed R-8 zone for Tuscany
Village. The requested conditional use permit for the Planned Development would be to allow
reduced lot sizes, reduced setbacks, and to exceed Block Length Requirements located at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 10 OF 15
southwest intersection of Victory Road and South Locust Grove Road, Meridian, Idaho, subject
to the following conditions of use and development, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20
feet for gazage.
2. Change page 12, paragraph three to read: The reductions to footage and minimum lot
sizes, as well as the request to exceed block length maximums, are approved with one
change in that the front setbacks for garages will be 20 feet.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
STfE SPECIFIC COMMENTS (Conditional Use Permit)
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
3. The reductions to the frontage and minimum lot sizes; as well as the request to exceed
block length maximums aze approved as submitted.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a
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. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
5. All radii shall be 28' inside and 48' outside radius for all internal roads.
6. The roadways shall be built to Ada County Highway Standards with a minimum street width of
36'. UFC 902.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 15
7. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a tum around.
8. During the phased development of the project, two points of access will have to be provided to all
points of the project serving more than thirty homes.
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval from
appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater management
system that prevents groundwater and surface water degradation.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 12 OF 15
eighteen (18) months unless otherwise approved by the wuncil. 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
complefion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERriIIT
PAGE 13 OF 15
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
condifional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 2 3'"`t da of
Y
~~,r/!iL , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE Mc CANDLESS VOTED~~-
COUNCILMAN WILLIAM L.M. NARY VOTED~G~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:~~O3
MOTION:
APPROVED: DISAPPROVED:
~rnaa..r, d/t.~aav
Gi~ Cow..z~ P.w~da.,.`
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMIT
PAGE 14 OF 15
Attest:
G. Berg, Jr., City
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 15
BEFORE THE CITY COUNCIL, OF THE CITY OF MERIDIAN
C/C 09/09/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FORA 136 LOT
RESIDENTIAL SUBDIVISION
WITH 10 OTHER LOTS ON 33.26
ACRES FOR TUSCANY VILLAGE
IN AN R-8 ZONE, LOCATED AT
THE SOUTHWEST
INTERSECTION OF VICTORY
ROAD AND LOCUST GROVE
ROAD, MERIDIAN, IDAHO
Case No. CUP-03-029
ORDER GRANTING
CONDITIONAL USE PERMIT
BY: TUSCANY DEVELPMENT,
APPLICANT
This matter coming before the City Council on September 9, 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 condifional use permit fora 1361ot
residential subdivision with 10 other lots on 33.26 acres in a proposed R-8 zone for Tuscany
Village. The requested conditional use permit for the Planned Development would allow
reduced lot sizes, reduced setbacks, reduced frontages, reduced house sizes, and to exceed block
length requirements located at the southwest intersection of Victory Road and South Locust
ORDER CONDITIONAL USE PERMIT
(CUP-03-029)
PAGE 1 OF 5
Grove Road, Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20
feet for garage.
2. Change page 12, paragraph three to read: The reductions to footage and minimum lot
sizes, as well as the request to exceed block length maximums, are approved with one
change in that the front setbacks for garages will be 20 feet.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
STI'E SPECIFIC COMMENTS (Conditional Use Permit)
Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
The reductions to the frontage and minimum lot sizes; as well as the request to exceed
block length maximums are approved as submitted.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a
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. Operational fire hydrants and temporary or permanent street signs aze required before combustible
construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
5. All radii shall be 28' inside and 48' outside radius for all internal roads.
6. The roadways shall be built to Ada County Highway Standazds with a minimum street width of 36'.
UFC 902.2.1
ORDER CONDTTIONAL USE PERMTT
(CUP-03-029)
PAGE 2 OF 5
7. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a tum around.
8. During the phased development of the project, two points of access will have to be provided to all
points of the project serving more than thirty homes.
D. Adopt the Recommendations of Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use pennit.
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
ORDER CONDTTIONAL USE PERMIT
(CUP-03029)
PAGE 3 OF 5
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
ORDER CONDTTIONAL USE PERNIIT
(CUP-03.029)
PAGE 4 OF 5
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 fmal 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 this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~•~ ~ day of
~//~^'~+~ , 2003.
-Itebert-B. ~ , ~yer~it3`sf-~+Ierirlian
Tiemn.~, ~ (ilyCot~aucpr~rd~
\\`~\~\\"`O'F 11M~ ~~i
Attest: ,~o`G~-('1 ~Oj '~~~
•GpFiPO/~AT 9ti'%
FO
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William G. Berg, Jr., Cit Cl rk c~4- ~~
~~~ ~~
~` T 1S5 . `IQ \~..
\~.
JOUPVTY • ~~P``~~
-L ~~I ' 11 111111"\\\\
Copy served upon Applicant, the Planning and ~omng Department, Public Works Department
and C1ty Attorney. 1~Ilu u n pll
By: /Guc.--.
City Clerk
9-23- 03
Z:\WorkVNV~IetidienWleddian 15360MITuscany Village AZ-D3-014 PP-03-015 CUP-03-029~OIde1CUP.doc
ORDER CONDTTIONAL USE PERMIT
(CUP-03,029)
PAGE 5 OF 5
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