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HomeMy WebLinkAboutSageland Sub PD CUP 03-036RECEI~ _;t JAN 2 2 206~i interoffice city of Meridian City Clerk. Office MEMORANDUM To: William G. Berg, Jr. Prom: William F. Nichols SubjecC: BY: QUASAR DEVELOPMENT, LLC FOR CONDITIONAL USEPE;RMIT FOR A PLANNED DEVELOPMENT FOR SAGELAND SUBDIVTSION IN AN R-8 ZONE File No.: CUP-03-036 'Date: January 8, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUB.IECT TO CONDITIONS and ORDER for the above matter. Please place this matter upmr the Consent Agenda for Counci] discussion and decision. If you should have any questions please give me a call. Z.AWbrB`,M1MeridianlMeriJian I>3GOMVJU~eland Planned Development AZ-03-OU PP-03-020 CUP-OJ-03GAC II:LVCUPI}~cld&Order.doc BEFORE THE CITY COUNCH; OF THE CITY OF MERIDIAN GC 09/23/03 - Re-noticed due to plat changes C/C 10-14-03 C/C 10-21-03 C/C10-28-03 C/C 11/12/03 C/C 11/25/03 C/C 12/09/03 C/C 12/]6/03 C/C 01/06/04 IN THE MATTER OF THE REQUEST 1+OR CONDITIONAL LSE PF,RI\IIT FOR A PLANNED DE\%F.LOP~IENT FOR SAGELAND SUBDIVISION IN AN R-8 ZONE, LOCATED AT THE NORTHEAST CORNER OF SOUTH LOCUST GROVE ROAD AND EAST VICTORY ROAD, MERIDIAN, IDAHO QUASAR DEVF..LOPMENT, LLC, APPLICANT Case No. CUP-03-036 FINDINGS OF FACT AND CONCLUSIONS OF LA\V AND DECISION AND ORDER GRANTING CONDITIONAL USF, PERMIT The above entitled conditional use permit application having coma before the City Council on September 23, 2003, and then re-noticed to October 14, 2003, and continued until. October 21, 2003, October 28, 2003, November 12, 2003, November 25, 2003, December 9, 2003, December 1 G, 2003, and January 6, 2004, at the hour of 7:00 p.m., at Meridian City Hal I, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PACE 1 OF 21 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Wa}n1e Forney, Bruce Nlills, and Lucian Tumaha, 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 tal<en oral and written testimony, and having duly considered the matter, the City Council hereby makes fhe following Findings of Fact, Conclusions of Law and Decision and Order to- wn: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use pemtit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 23, 2003, and then re-noticed to October 14, 2003, and continued until October 21, 2003, October 28, 2003, November 12, 2003, November 25, 2003, December 9, 2003, December 16, 2003, and January 6, 2004, 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 (1~) 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; v~d the matter having been duly considered by the City Council at the September 23, 2003, and then re- noticed to October 14, 2003, and continued until October 21, 2003, October 28, 2003, November FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER C12.ANTINC CONDITIONAL USE PERNIIT PACE 2 OF 21 12, 2003, November 25, 2003, December 9, 2003, December 16, 2003, and :fanuary 6, 2004 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 §67-609, 6512, and Meridian City Code §§ 11-15-5 aiid ] 1-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting Filed with the staff report. This proposed development request is in an RUT 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 northeast corner of South Locust Grove Road and East-Victory Road, Meridian, Idaho. 5. The owners of record of the subject property are Charles H. and Vickie A. Richardson. 6. Applicant is Quasar Development, LLC 3090 Gentry Way, Meridian, Idaho 83642. The subject property is currently zoned RUT by Ada County. There is, however, an application for aimexation and zoning to R-8 (Medium Density Residential) before the City Council The zoning district ofR-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use peonit for a Planned FINDINGS OF FACT A_VD CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 21 Development consisting of 41 single-family detached lots, 1 private "Neighborhood" Park, and 8 common lots on 9.8 acres in a proposed R-8 zone for Sageland Subdivision. The R-8 zoning designations are within the City of Meridian Zoning and Development Ordinance requires a conditional use pet~nit 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 incompliance 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 City Council recognizes the concerns of Matt Schultz, expressed in his letter dated August 15, 2003. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hnpact Area Boundary. 13. Giving due consideration to the comment received from dne governmental subdivisions providing services in the City of Meridian planningjurisdiction public Facilities and services required by the proposed development will not impose expense upon the public it 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 21 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall complywith the Americans with Disabilities Act and theFair Housing Act. 3. The reductions to the frontage and minimum lot sizes are approved as submitted, with the clarification that reduced rear setback of five feet only applies to garages. (Per action of the City Council taken at their January 6, 2004 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewakc as described below. However, if funds cannot be secured, the applicant shall do one of the following: n. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) a total of 3~-feet ofright-of--way from centerline (an additional 10-feet of right-of-way) along Victory Road, and construct a minimum 5- footwide concrete sidewalk along Victory Road, located a minimum of 28-Feet fiom the centerline of the righC-of-way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet from centerline (an additional 7 0-feet) of right- of--way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but consnzict a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 2S-Feet from the centerline of the right-of-way, in an easement provided Co the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDEK GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 21 c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly acconunodate existing drainage and utilities. 3. Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west of the east property line, as proposed. 4. Consnruct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet north of Victory Road, as proposed. 5. Consu-uct'West Sagemoor Street as a 29-foot street section with curb, gutter and detached 5-foot concrete sidewalk with parking on one side of the roadway within 50-Feet ofright- of-way, as proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewall: within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 215-feet west of West Sagemoor Street. Terminate the private road at the northern property line of the proposed landscape buffer and install traffic bollards to minimize the connection. 5. If the City of Meridian approves the private road, pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West Sagemoor Drive and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are required for the private road. Verification of the correcC, approved name of the road is required. 9. Construct a cul-de-sac hmlaround without a center island at the terminus of South Savia Place. Provide a minimum turning radius of 45-feet for the uu'naround. 10. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. 1 l . Comply with al] Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 21 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 the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and conshvction 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. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada Cotmty Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building consiructi,on in accordance with Ordinance #197, also known as Ada County Highway District Road hnpact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway DisMct. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 21 1 l . 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 piles, 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: The project which comprised of single family dwellings will require afire-flaw 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 17I-A Acceptance of the water supply far fue protection will be by the !Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turningradius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901..3 6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the proposed private drive, need to be removed from the plat. 7. Vote that parking is prohibited on both sides of S. Signorello Lane. 5. Note that pad:ing is prohibited on Che southern side of E. Sagemoor Drive and the west side oFS. Siduri Lane. 9. Note that parking is prohibited in front of lots 20, 21, 22, and 23 of Block 2 along the western side of S. Savia Place. D. Adopt the Recommendations of Central District Health Deparmient as follows: This proposal can be approved for cenn-al sewage & central water after written approval from appropriate entities is submitted. The Applicant's central sewage and central water plans must be subntiYted 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 G12ANTING CONDITIONAL USE PERMIT PAGE S OF 21 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. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a Land Use Change/Site Application and filed for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The District°s Eight Mile Lateral courses along the east and north boundary. This easement must be protected and any encroachment without a signed License AgreemenC and approved plan, before any construction is started, is unacceptable. ALI municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 3 L-3805. Adopt the Recommendations of the Parlcs Department as follows: The pathway must comply with the recommended pathway standards. G. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: 1. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the Transmittal Letter dated 12/31/03, and which provides for a traffic cahning island at the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved. 14. It is found that the subject property is large enough to acconunodate the requested use and all required yards, open spaces and other features required by this ordinance. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium 'Density Residential". Tt is found that the proposed residential uses are harn~onious 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 street frontages, and reduced setbacks. If the project is approved as a Planned Development, with a variance from Private Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERIVIIT PAGE 9 OF 21 Dimensional Standards, it will meet the minimum requirements of the MCC. 16. That the proposed residential subdivision use will be hainlonious with the intended and existing character of the area. Property to the north and east of the subj ect property has been developed as asingle-family residential subdivision with an R-4 zoning designation. Property to the south and west of the subject property is designated as RUT (Ada County) and is designated as Low Density Residential (lo Che west of the subject property) and Nfedium Density Residential (to the south of the subject property). 17. It is not anticipated that the proposed project will have an adverse impact on other properties within the vicinity. 18. It is found that the proposed developmenC can be adequately served by the essential public facilities and services. The applicant will extend sewer and water to the subject property and the proposed subdivision will be served by an existing roadway network and City of Meridian police and fire protection. 19. It is found that the proposed use would not be detrimental to the economic welfare of Che community, nor would it create the need for any new facilities or services to be paid for by tine public that would be considered excessive. The developer will pay for the extension of existing sewer and water lines to the proposed development and for roads within the subdivision. 20. 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 x major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental fo the welfare of the City and the subdivision's neighbors. 21. It is found thaC the proposed use will not create significant interference with any FINDLNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllE12 GRANTING CONDITIONAL USE PERMIT PAGE IO OF 21 traffic on the surrounding public streets. Review of the ACRD report fm this project will provide additional information. ACHD has recommended approval of the proposed subdivision as submitted. 22. That the proposed use will not result in the destruction, loss or damage of a ^atural, scenic or historic feature considered to be of major importance by issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of ] 975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. X67-6503). 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 Plaiuiing 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. As part of a zoning ordinance the City Council can, subject to healing 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 bnt allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. The City Council has the duty and responsibility to review the facts and FLNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 21 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accorda~lce with the requirements of Chis 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 generd vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Tbat 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 cmisidered 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 a~~d 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 ~1NDLNGS OF FACT ANll CONCLUSIONS OF LAW AND DEC1S1ON AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 21 the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall. follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 11-17-6) When the City Council approves a conditional use pero2it 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 21 G. Require more restrictive standards than those generally required, in this Ordinance. The City of Meridian has, by ordinance, established the hnpact 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 CONllITIONAL USE PERMIT SUBJECT TO CONllIT10NS 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 far a Platnied Development consisting of 41 single-family detached lots, 1 private "Neighborhood" Park, and 8 common lots on 9.8 acres in a proposed R-8 zone for Sageland Subdivision located at the northeast comer of South Locust Grove Road and East Victory Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permi[. 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 are approved as submitted, with the clarification that reduced rear setback of five feet only applies to garages. (Per action of the City Council taken at their January 6, 2004 meeting.) B Adopt the Recommendations of the Ada County Highway District as follows: F[NllINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 21 The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) a total of 35-feet of right-of-way from centerline (an additional 10-feet of right-of-way) along Victory Road, and construct a minimum 5- footwide concrete sidewalk along Victory Road, located a mininnun of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of=way, but construct a minimum 5-fooC wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but constrict a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing righC- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) of right- of-way along Locust Grove Road, and construct a minimum 5-Foot wide concrete sidewall: along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of--way, but construcC a minimum ~-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimun 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct West Sagemoor Street to intersect Victory Road. approximately 185-fe'et west of the east property line, as proposed. 4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet north of Victory Road, as proposed. Construct West Sagemoor Street as a 29-foot street section with. curb, gutter and detached 5-foot concrete sidewalk with parking on one side of the roadway within 50-feet of right- of-way, as proposed. Paii<ing will be restricted on one side ofthe roadway and adequate signage will be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDF,R GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 21 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 215-feet west of West Sagemoor Street. Terminate the private road at the northern property line of the proposed landscape buffer and install traffic bollards to minimize the connection. 8. 1f the City of Meridian approves the private road, pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West Sagemoor Drive and install pavement tapers wide 15-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are required for the private road. Verification of the con ect, approved name of the road is required. 9. Construct a cul-de-sac tuniazound without a center island at the terminus of South Savia Place. Provide a minimum turning radius of 45-feet for the turnatround. 10. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. All utility relocation costs associated with improving street fi-ontages 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 District's Utility Coordinator at 38,7-6258 (with file numbers) fox details. 5. All design and construction shall be in accordance with the Ada County Highway District Poticy Manual, ISPWC Standards and approved supplements, Construction Services FIN'DI\GS OF FACT AND CONCLUSIONS OF LAW' AND DECISION ANll ORDER GRANTLVG COND1TlONAL USE PERMIT PAGE 16 OF 21 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 desi~m changes. 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 Uuilding construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (I-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD condtuts (spare or filled) are compromised during any phase of construction. l0. 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 applicants authorized representative and zut 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. 1 L 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 Co 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 tithe the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: The project which comprised of single family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall. be placed an average of 400' apart. 1997 UFC Appendix Ill-A 2. Acceptance of the water supply for fire ptrotection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Deparament. The proposed fire hydrant locations will be submitted to the Public Works for plan review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 21 Al] roads and fire lanes shall have a turning radius of 28' inside and 48' outside. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the proposed private drive, need to be removed from the plat. 7. Nole that parking is prohibited on both sides of S. Signorello ,Lane. 8. Note drat parking is prohibited on the southern side of E. Sagemoor Drive and the west side of S. Siduri Lane. 9. Note that parking is prohibited in front of lots 20, 21, 22, and 23 of Block 2 along the western side of S. Savia Place. D. Adopt the Recommendations of 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 Enviromnental 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. ~. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a Stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a Land Use Change/Site Application and filed for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses along the east and north boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER GRANTING COND11'IONAL USE PERMIT PAGE 18 OF 21 F. Adopt the Recommendations of the Parks Department as follows: The pathway must comply with the reconunended pathway standards. G. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: The developer has submitted an approved Preliminary Plat dated 12/29/2003 with Che Transmittal Letter dated 12/31/03, and which provides for a traffic calming island aC the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved. 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 perniit. 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 Cake 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 Che ground. Jn this context "strictures" shall include sewer and water lines, streets or building consaliction. The applicant has specified in the application and to the commission and council a construction schedule and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllER (:RANTING CONDITIONAL USE PERMIT PAGE 19 OF 21 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 submiC 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 mrdtiple phases, the eighteen (18) month deadline shall apply to Che first phase. hi the event that the development is made in successive contiguous segments m multiple phases, such phases shall be constructed within successive intervals of one year 6~om the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the fiiture phases shall be null and void. (MCC l l -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, Che Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the Ciry Clerk not more [hen 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 wiChin 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 21 and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. f~ By action of the City Council at its regular meeting held ou the ~ day of /~ C/ ~~'~~, 2004. ROLL CALL: ~/ COUNCILWOMAN CHERIE MCCANDLESS VOTED_ ~Ck, COLT'CILMAN E31LL NARY VOTED_~~ COUNCILMAN KEITH BIRD VOTED-CAL COUNCILWOMAN TAMMY DE WEERD VOTED~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:~~0~ :MOTION: \` APPROVED: X. DISAPPROVED: Attest William G. Berg, Jr., City Copy served upon Applicant, Planning Department and die City Attorney. ,ply fl¢ MERd~''% c3' _~a.~oRa~'L ~~AL 9 ~~ .9Q ~r iss •~ By: .~~-= ~ I City Clerk Z'\Worlc\M\Meridfon\Meridian 15360M~Sageland Planned Development AZ-03-015 Ro Public Works ``\ ~\~y `QFtt~'~~~9~~~~. `~ /~. ~' ZZ ~~~ ~~nv P P-03-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND CRAFTING CONllITIONAL USE PERMIT PAGE 21 OF 21 036 I''6~, X90 yo Gsr ]sT *2p, BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/23/03 - Re-noticed due to plat changes C/C 10/14/03 C/C 10/21/03 C/C 1028/03 C/C 11/12/03 C/C 11/25/03 C; C 12/09/03 C/C 12/16/03 C/C 9006/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SAGELAND SUBDIVISION IN AN R-8 ZONE, LOCATED AT THE NORTHEAST CORNER OF SOUTH LOCUST GROVE ROAD AND EAST VICTORY ROAD, MERIDIAN, ID,4H0 QUASAR DEVELOPMENT, LLC, APPLICANT Case No. CUP-03-036 ORDER GRANTING CONDITIONAL USE PERNII'I 1. This matter coming before the City Council on September 23, 2003, and glen re- noticed to October l4, 2003, and continued until October 21, 2003, October 28, 2003, November 12, 2003, November 25, 2003, December 9, 2003, December 16, 2003, and January 6, 2004; ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE 1 OF 9 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 41 single-family detached lots, 1 private "Neighborhood" Park, and 8 common lots on 9.8 acres in a proposed R-8 zone for Sageland Subdivision located at the northeast corner of South Locust Grove Road and East Victoty Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Platming and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition. of the Conditional Use Permit. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. The reductions to the frontage and minimum lot sizes are approved as submitted, with the clarification that reduced rear setback of five feet only applies to garages. (Per action of the City Council talkers at their January 6, ?004 meeting.) Adopt the Recommendations ofthe Ada County Highway District as follows: The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) a total of 35-feet of right-of-way from centerline (an additional 10-feet ofright-of--way) along Victory Road, and construct a minimum 5- ORllER CO\'DITIOI\AL USE PERMIT (CUP-03-036) PAGE 2 OF 9 foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimwn 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet froth the centerline of the right-of--way, in an easement provided to the District. o. Do not dedicate additional right-of-way, but construct a minimum >-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right- of-way. Accomplish all necessary adjustments to properly acconmlodate existing drainage and utilities. 2. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) ofright- of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-feet from the centerline of the right-of=way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewallc along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly acconunodate existing drainage and utilities. Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west of the east property line, as proposed. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet north of Victory Road, as proposed. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached 5-foot concrete sidewallc with parking on one side of the roadway within 50-feet ofright- of-way, as proposed. Parking will be reshicted on one side of the roadway and adequate signage will be required. 6. Constntct South Savia Place as a 29-foot street section with curb, gutter and sidewallc within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE 3 OF 9 Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive approximately 215-feet west of West Sagemoor Street. Terminate the private road at the northern property line of the proposed landscape buffer and install Craffic bollards to minimize th,e comiection. 3. Tf the City of Meridian approves the private road, pave the private iaadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Wesr Sagemoor Drive and install pavement tapers with t5-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are required for the private road. Verification of the correct, approved name of the road is required. 9. Construct a cut-de-sac turnaround without a center island at the terminus of South Savia Place. Provide a minimum turning radius of 45-feet for the hirnarouud. ] 0. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the final plat. 1 L Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of die right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be home by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact 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 Districts Utility Coordinator at 387-6258 (w,ith ~£ le 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, Constniction Services procedures and all applicable ACRD Ordinances unless speci'f tally waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ORDER CONDITIONAL USE PERMIT (CCY-03-036) PAGF 4 OF 9 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District 'Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost Co ACHD shall repair existuig utilities damaged by the applicanC. The applicant shall be required to call DIGLINE (1-800-342-7 585) at least two frill business days prior to breaking ground within ACRD right-of-way. The applicant shall eootaet ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during aay phase of construction. 10. No change in the terms and conditions of this approval shall be valid ~mless 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. Auy 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. C. Adopt the Recommendations of the. Meridian Fire Depamment as follows: The project which comprised of single family dwellings will require a [ire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ORllER CONll1TIONAL USE PERMIT (C Li P-03-036) PACE 5 OF 9 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department The proposed fire hydrant locations will be submitted to the Public Worl<s for plan review. 4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary orpetmanent street sighs are required before combustible construction begins. UFC 901.4? & 901.3 6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the proposed private drive, need to be removed from the plat. 7. Note that parking is prohibited on both sides of S. Signorello Lane. 8. Note that parking is prohibited on the southern side of E. Sagemoor Drive and the west side of S. Siduri Lane. Note that parking is prohibited in front of lots 20, 21, 22, and 23 of Block 2 along the western side of S. Savia Place. D. Adopt the Recommendations of Central Dish'ict Health Department as follows: This proposal can be approved for central sewage & central water after written approval froth appropriate entities is submitted. 2. The Applicants central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Envirorm~ental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated 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 cun-ent best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recomtnendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a Land Use Change/Site Application and filed for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The Distriots Eight Mile Lateral courses along the east and north boundary. This easement ORllEIi CONDlT1ONAL USE PERMIT (CUP-03-036) PAGE 6 OF 9 must be protected and any encroachment without a signed License Agreeotent and approved plan, before any constniction is started, is unacceptable. All mrmicipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply With Idaho Code 31-3805. F. Adopt the Recommendations of the Parks Department as follows: The pathway must comply with the recommended pathway standards. G. Adopt the action of the City Comrcil taken at their January 6, 2004 meeting as follows: The developer has submitted ati approved Preliminary Plat dated 1.2/29/2003 with the Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved. 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 permil. 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 bythe 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 pem~its 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 ORDER CONDITIONAL USE PERMIT (CCU P-03-036) PAGE 7 OF 9 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 fm- completion oCthe project. For projects requiring platting, the final plat must be recorded within this eighteen (] 8) 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 firture phases shall be null and void. (MCC 11-17- 4.B.j NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAh1NGS 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 far a regulatory takings analysis will toll the time period within which a Petition for ,Tudicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Tdaho Code § 67-652] an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE 8 OF 9 conditional use permit approval may within twenty-eight {28) days after the dote of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, tdaho Code. By action of the City Council at its regular meeting held on the ~j ~ day o F ~~'I'~'~, , 2004. Robert .Cowie, Mayor City of Meridian Attest: ~~ William G. Berg, Jr., Copy served upon Applicant, and City Attorney. .~ ~9, ~~- a~'~AL ;rk - 9GG' ,fin `_ the Planning~aiidZoning Department, Public By: ~//~"`-' ~~"/~'' Yom, Dated City Clerk ~- Works Department `` \,1muiuirurq~ G \~GpRFOt?q~~Q 'T' '~ - SAL 9G ^~ ~i~O C~TiSZ.,~.Z~~~` , ~. ~ ~ f~l,~l:h1r<w;u~i~N~ 1-22-0~ G',ANnrL~M'~~IcridiunAMendian 15360NI'~.Sa~clnnd Planned Dcvdopmcm A2-0?-015 PP-03-020 CUP-03-U3610rJcrCUP.duc ORDER CONDITIONAL USE PERMIT (CUP-03-036) PAGE 9 OF 9