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HomeMy WebLinkAboutSage Crest Sub PP03-030 DEC ~ t 21103 City Of Meridian ssty Clerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12/]6/03 IN THE 1~IATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SAGECREST SUBDIVISION (FKA MAVERICK SUBDIVISION) FOR 48 BUILDING LOTS, 19 OFFICE LOTS, AND 7 OTHER LOTS ON 14.58 ACRES IN AN L-O ZONE, LOCATED ON THE SOUTH SIDE OF OVERLAND ROAD, ON THE WEST SIDE OF MILLENNIUM WAY, BETWEEN LOCUST CROVE ROAD AND EAGLE ROAD WITHIN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO Case No. PP-03-030 FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND ORDER Ol+ CONDITIONAL APPROVAL OF PRELIMINARY PLAT Bl': DIRK MARCUM AND 'MICHAEL RICCS, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on December 16, 200, and Anna Powell Plamiing Director for the Planning and Zoning Department, Kent Brown, Russ Hunnemiller, and Craig Groves, appeared and testified, and the City Council having received a report from Craig Hood Associate City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Counci I of the ENDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF COND["CIONAI, APPROVAL OF PRHL[MINARY PLAT SAGE CRBS"f SUBDIVISION (FKA MAVERICK SUBDIVISION) / ("PP-03-030) Planning and Zoning Commission and the applicant having submitted the ",PRELIMINARY PLAT FOR SAGE CREST SUBDIVISION PLANNED UNIT DEVELOPMENT FOR OFF[CL- AND RESIDENTIAL, LOCATED IN THE NW '/a OF SECTION 20 T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 11/17/03 BKB, DWG. NO. 30410, SHEET ] OF 1 PRE-1, HANDWRITTEN DATE: 11/17/03, STAMPED: RECEIVED NOV 17 2003 CITY OF MERIDLAN CITY CLERK OFFICE, DIRK L. MARCUM AND LESLIE A. MARCUM AND MICHAEL RIGGS - 011-'NER,%DEVELOPER, BRIGGS ENGINEERING, INC. ATTN. KENT BROWN - PLAN'I~~ER", Dirk Marcum and Michael Riggs, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L-O, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 G] The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The applicant has requested Preliminary Plat and Conditional Use Permit approval for a Planned Development on 14.48 acres FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDNISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) of land located ou the south side of Overland Road, on the west side of Millennium 'Way, between Locust Crove Road and Eagle Road. The project site is commonly l.~~own as Lot C, Block 1, Resolution Subdivision No. 1, and is currently vacant .The subject site is designated "High Density Residential" on the 2002 Comprehensive Plan Future Land Use Nlap and currently zoned L-O. The submitted Preliminary Plat proposes to subdivide the existing 14.58 acre ]oC into 48 residential lots, 19 office lots and 7 other/common lots. The mixture of residential and office uses provides services close to where the future residents live and may even wort:. Further, the applicant feels that by screening the apartments with offices, the apartment portion. of the site wi Il be improved. The proposed office space areas total 4.88 acres and are located near the Overland Road and Millennium Way street frontages, with the multi.-family lots being intema] (9J acres). This site is cun-eutly designed as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned L-O. The applicant has requested modifications to the standard lot size, setback and frontage requirements of the L-O zone. It is found that ifthe application is granted pertaining to the requested modifications with the CUP/PD, and if the applicanC complies with the conditions included in the staff report, the lot configuration and overall design of the subdivision would be in general conformance with the City of Meridian Comprehensive Plan. If approved, the developer will be financing the extension of sewer,.water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. It is found that the public services can be made available to accommodate the proposed development. FINDWGS OF FACT AND CONCLUSIONS OP LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 4. Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services, as the developer is installing sewer, water, utilities and irrigation, for the development at their cost. The applicant shall also be requu ed to comply with any Meridian Police or Fire Department conditions. 6. It is found that there will not be any health, safety or environmental problems associated with this subdivision. No environmental problems have been identified that maybe associated with the development of the site. ACHD considers road safety issues iu their analysis, and ACHD staff recommended, with conditions, approval of the subject subdivision. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval draaving of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR SAGE CREST SUBDIVISION PLANNED U1VIT DEVELOPMENT FOR OFFICE AND RESIDENTIAL, LOCATED IN THE NW % OF SECTION 20 T. 3 N., R. l E., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 11/17/03 BKB, DWG. NO. 30410, SHEET 1 OF ]PRE-I, HANDWRITTEN DATE: 11/17/03, STAMPED: RECEIVED NOV 17 2003 CITY OF PINDIiVGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) MERIDIAN C1TY CLERK OFFICE, DIRK L. MARCUM AND LESLIE A. MARCUM AND MICHAEL RIGGS - OWNER/DEVELOPER, BRIGGS ENGINEERING, INC. ATTN. KENT BROWN -PLANNER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR SAGE CREST SLBDIVISION PLANNED UNIT DEVELOPMENT FOR OFFICE AND RESIDENTIAL, LOCATED IN THE NW % OF SECTION 20 T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 1 llL7/03 BKB, DWG. NO. 30470, SHEET 1 OF 1 PRE-1, HANDWRITTEN DATE: 11/17/03, STAMPED: RECEIVED NOV 17 2003 CITY OF MERIDIAN CITY CLERK OFFICE, DIRK L. MARCUM AND LESLIE .A. MARCUM AND MICHAEL RIGGS - OWNER/DEVELOPER, BRIGGS ENGINEERING, INC. ATTN. KENT BROWN -PLANNER", Dirk Marcum and Michael Riggs, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning Conunission, as follows: Change "west" to "east" in the third sentence of the first full paragraph on Page 2 of the staff report transmitted on November 13, 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDMSION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 2. Change "east" to "west" in the first sentence of Site Specific Condition #6 on Page 7 of the staff report transmitted on November 13, 2003. 3. Change "west" to "easy' iu the first sentence of Site Specific Condition #7 on Page 7 of the staff report transmitted on November 13, 2003. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 1. In accordance with MCC 12-13-12, provide a 20-foot wide landscape buffer between the proposed office lots on the north and east side of the development. The entire 20 feet of said buffer shall be provided entirely on the oft]ce Lots 6-10, 30, 31, 34, 37, 38, 41, 43, 47, 57, and 58, Block 1. Prim- to fugal plat approval, tha Applicant shall submit a revised Landscape Plan to Planning & Zoning staff, showing buffer materials along the west and northern property lines in accordvice with Meridian City Code. 2. In accordance with MCC 12-13-12, provide a 10-foot wide landscape buffer on the north side of the proposed multi-family Lots 48 - 51, Block l ,that abut Lot 7, Block 1, Resolution Subdivision No. 1. Prior to final plat approval, the Applicant shall submit a revised Landscape Plan to Planning & Zoning staff, showing buffer materials along the west and northern property lines in accordance with Meridian City Code. 3. Building setbacks for Lots 48-51, Block 1, shall be aminimmn of 10 feetfrom the north property line. Due to existing easements, building setbacks for Lots 2l - 30, Block 1, shall be a minimum of 15 feet from the south property line. Due to existing easements, building setbacks for Lots 13 -2L, Block 1, shall be a minimum of20 feet from the west property line. All other building setback, re«ardless oCbuilding orientation, shall be a minimum of 5 feet from property lines for the multi-family lots within the development (minimum 10 feet between structures). 4. Unless otherwise approved by the City of Meridian, all building setbacks for the future office lots shall be in accordance with the applicable zoning regulations iu effect at that time. Prior t o final p gat a pproval, s ubmit t o t he P lanning a nd Z oning D epartment, a recorded copy of across-parking/cross-access agreement for the lots within the subdivision to utilize the drive aisles and off-streAtparking stalls within Lot 1, Block 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDCCIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SU'BDLVISION) / (PP-03-030) 6. Provide a vehicular connection to the east west across the Hunter Lateral. If the connection is not dedicated to the public, provide a recorded copy of across-access document that allows the parcel to the west to utilize said connection 7. Provide a vehicular c ormection to the pazcel to the west east (Lot 8, Block 1, Resolution Subdivision), between Lots 58 and 59 of the proposed office portion of the development. Provide a recorded copy of across-access document that allows the parcel to the east to utilize said connection. 8. Sewer and water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian stv~dazd forms of easements, for any mains that are required to provide service. 9. Underground year-round pressurized irrigation must be provided to all lots within this development Ifthe pressruized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-rotmd source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the pa}nnent of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. l0. A d rainage p Ian d esigued b y a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, LO- I -97) foe al I off- sheeC parking areas. Storm water treatment and disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Stone Water Best Management Practices for Idaho Cities and Counties and City oC Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. FINDNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDNISION) / (PP-03-030) 7 STANDARD CONDITIONS (PRELIMINARY PLAT) Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, including IoC and bloel< numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of IVieridian Public Worl<s Department. 3. A letter of credit or cash surety in the amount bf 110% will be required for al] landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 4. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number ofcaliperhiches oftreesthat were removed. Required landscaping trees will not be considered as replacement Nees for those trees that have to be removed. Coordinate the proposed tree mitigation plan with Elroy Huffin the Meridian Parks Department (888-3579). 6. Please submit all updated groundwater/soils monitoring data to the Public Worl<s Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water willpercolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a 100-year storm even C. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies deteruvning the ~ormdwater, soil type & and characteristics during the design and construction phases. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A letter ofcredit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 8. All irrigation ditches„laterals or canals, exclusive ofnahiral waterways, intersecting, crossing or lying adjacent and contiguous to the areabeing subdivided shall be tiled per MCC 12-4-13. The ditches to be piped should be shown on the site plans. Plans FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9. Any existing domestic wells and/or septic systems within This project will have to be removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. ] 0. Developer shall coordinate mailbox locations with the Meridian Post Office. ] 1. Compaction test results must be s~ibmitted to the Meridian Building Department for all building pads receiving engineered back511, where footing would sit atop fill material. C. Adopt the Recommendations of the Ada County Highway District as follows: Close an existing 22-foot wide driveway that intersects Millenium Way approximately 335-feet north of the south property line, as proposed. 2. Utilize an existing 30-foot wide driveway that intersects Millenium Way approximately 185-feet north of the south property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the Millenium Way. Construct a 35-foot wide driveway that intersects Millenium Way approximately 15-feet north of the south property line, as proposed. Pave the driveway its frill width and at leasC 30-feet into the site beyond the edge of pavement of Millenium Way. 4. Construct a 24-foot wide driveway that intersects Millenium Way and ali~rs with Gala Drive. Pave the driveway its full width and at leasC 30-feet into the site beyond the edge of pavement of the Millenium Way. 5. Utilize the existing 36-foot wide driveway that intersects Overland Road approximately 125-feet east of the west property line. Pave the driveway its ful l width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALE CREST SUBDIVISION (FKA MAVERICK SUBDNISION) / (PP-03-030) 6. Other than the access point that has been approved with this application, direct lot access to Overland Road is prohibited. Notes of this access restriction shall be placed on the final plat. 7. 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 may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the DisticYs Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services 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 confomlance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibihty of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 10 damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at ]east two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387- 6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approvak shalt 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 Cowlty Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules; regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways musC be protected. The District's Hunter Lateral courses along the west boundary of this proposed project. This easement must be protected and any encroachment without a signed License Aarcement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any sruface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all. developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDLTIONAL APPROVAL OF PRELIMINARY PLA,1' SAGE CREST SUBDIVISION (PKA MAVERICK SUBDIVISION) / (PP-03-030) Il That a 5re-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of350' apart. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will. be by the Meridian Water Department. &. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Worl<s Department. ~. All radii shall be 28' inside and 48' outside radius for allentrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. No Parking wil I be allowed on al I internal access roads which are less than 20' wide: 7. Apartment buildings containing 6 or more units shall be required to be fire sprinkled. F. Adopt the Recommendations ofthe 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. SCorniwaCer shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Sanitary Services Company as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDNISION (FKA MAVERICI{ SUBDIVISION) / (PP-03-030) 12 1. More review is needed on the project for waste generation and collection points acid enclosure sizes and locations. G. Adopt the Recommendations/Continents of Joint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last tcn years. The high schools, middle schools, and elementary schools tlu oughout the district are operating over capacity. Approval ofMaverick Subdivision will have a significant impact on school enrollments aC Mary McPherson Elementary, Lake Hazel Middle, and Mountain View High School. 3. We can predict that these homes, when completed, will house fifty-five (55) elementary aged children, fifty-one (51) middle school aged children, acid forty-two (42) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School. District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. H. Adopt the action of the City Council taken at their December l6; 2003 meeting as follows: For clarification: The subdivision name shall be known as Sage Crest Subdivision, it was formerly known as Maverick Subdivision. 2. There shall be 19 office buildings instead of the 21 office buildings originally proposed on the preliminary plat. 3. The applicant shall provide a vehicular connection to the east across the Hunter Lateral. If the connection is not dedicated to the public, provide a recorded copy of across-access document that allows the parcel to the west to utilize said connection, and such agreement shall be submitted to the Public Works Department. 4. Located on the southern property there is an existing chain link fence along the school property with no openings to the school site. FINDINGS OP FACT AND CONCLUSIONS OF LAW AND ORDI~R OF CONDITIONAL APPROVAL OF PRGLIMIN'ARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIV'[SIONj / (PP-03-030) 13 5. All office uses shall require a Conditional Use Permit application. 6. The exterior of the four-plexes shall either be of stucco, stone or brick siding, no vinyl siding will be used on the apartments, clubhouse or office buildings. 7. Within the homeowners association there will be asub-homeowners association. The purpose of this sub-homeowners association is for one person or entity to be in charge of all the exteriors of the four-plexes and the landscaping. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-5003, the Owner may request a regulatory taking analysis. Such request must be in writing, and m ust be filed with the City Clerlc not more than twenty-eight (28) days after the fmal decision concerning the matter at issue. A request for a regulatory takings analysis will toll Che 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 this decision may, within hm~enty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. b y= By action of the City Cotmcil at its regular meeting held on the day of ~~ ,2004. ROLL CALL COUNCILMAN KEITH BIRD VOTED_~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (PP-03-030) 14 COUNCILWOMAN TAMMY de WEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN BILL NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~/~-- VOTED VOTED VOTED_ ~2a- Mayor Robert D. Coirie Attest: ``\``\`~ypuFul~it~,,, ,/l. O ~;° ,~, ~. ~ ,~ `'~ $EAL William G. Berg, Jr., City Jerk ~~ ~~ i 90 Usr tst •° P,ro~ Copy served upon Applicant; The Department and City Attorney. By: d/~~~. ~/ Dated: City Clerk Public Works \UVglu,irl,f~ ~'~~ pl; A6I: ~~'~~~ . ~ ~ ~ G~~ ( ~ ~ ~ i9, i o , ~ ~ ~ ' Fo ~ ~ a° Z:~~WOrI^,NPMcndmn\McriJian l?]60M\Sa~c Cixs[fl:a Maverick Sub PP-03-070 CUP ~)3-U4i~,Fl'ClsOrdPP.d~~c ~/h/~r~r_lll~ll~~~~~k"\y FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGE CREST SUBDIVISION (FKA MAVERICK SUBDIVISION) / (P'P-03-0301 15