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HomeMy WebLinkAboutSageland fka Maverick CUPDecember 31,2003 MERIDIAN CITY COUNCIL MEETING CUP 03-045 APPLICANT Dirk Marcum and Michael Riggs ITEM NO. ~'~_ REQUEST Findings -Request for a Conditional Use Perrnit to modify existing PUD to allow for office uses along Overland Road and Millennium Way in an L-O zone for proposed Sage Crest fka Maverick Subdivision -south of East Overland Road on the west side of Millennium Way AGENCY COMMENTS. CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN PAST OFFICE: OTHER: , , Contacted: Emailed: 6, 2004 Sse attached Findings ~~' Date: / " .~- Staff Initials: MaNriab presented at pubAe mwHngs sdall become properly of the City o} apt; ~ ~ zoos BEFORE THE CITY COUNCIL OF THE CITY OF'y1ERIDIANCity Of Meridian City Clerk Office C/C12-16-03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL U'SE PERMIT FOR THE CONSTRUCTION OF A 192-UNIT MULTI-FAMILY DWELLING COMPLEX AND CONCEPTUAL APPROVAL OF 19 OFFICE PAD SITES IN THE I~ O ZONE, LOCATED ON THF. SOUTH SIDE OF OVERLAND ROAD, ON THE WEST SIDE OF MILLENNIUM WAY, BETWEEN LOCUST CROV'E ROAD AND EAGLE ROAD, COMMONLY KNOWN AS LOT 6, BLOCK 1, RESOLUTION SUBDIVISION NO. 1, MERIDIAN, IDAHO DIRK MARCUM AND MICHAEL RIGGS, APPLICANT Case No. CUP-03-045 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on December 16, 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, Kent Brown, Russ Hunnemiller, and Craig Groves, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND 012DE12 GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 24 conducted a public hearing and the Council having heazd 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 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 December 16, ?003, 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 mare than fifteen (15) days prior to said hearing and with Che notice ofpublic hearing having been posted upon the property wider 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 December t6, 2003, public hearings; and Che 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 L-O zone and by reason of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DF,CiSION AND ORllER GRANTING CONDITTONAL USE PERMIT PAGE 2 OF 24 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 on the south side of Overland Road, on the west side of Millennium Way, behveen Locust Grove Road and Eagle Road, commonly known as Lot 6, Block 1, Resolution Subdivision No. 1. The owners of record of the subject property are Dirlc Marcum anal Michael Riggs, 14364 E. Highway 2l, Boise, Idaho 83716. 6. Applicant is Briggs Engineering, lnc., 1800 W. Overland Road, Boise, Idaho 83705. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit approval to modify a previously approved CUP for a mixed use plamied development including 21 office pad sites and to receive detailed CUP approval for 192-multi-family dwelling units, including reduced setback, reduced lot fi~ontage and reduced lots sizes. As part of the previous approval on this site (Resolution Plaza, CUP-00-017), this site must obtain a new Conditional Use Permit for any proposed use(s). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as High Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by previous City Council approval on this site. 11. The Meridian City Council takes judicial notice of its Zoning, FINllINGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION ANll O12DER GRANTING CONDITIONAL USE PER~VIIT PACE 3 OF 24 Subdivision and Development Ordinances codified a[ Titles I1 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City o~f Meridian, and Maps and the Ordinance establishing the lmpact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the Ciry of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the conditional use permit. Building setbacks for Lots 48 - 51, Block 1, shall be a minimum of 10 feet from the north property line. Due to existing easements, building setbacks for Lots 21-30, Block 1, shall be a minimum of 15 feet from the south property line. Due to existing easements, building setbacks for Lots 13 - 21, Block 1, shall be a minimum of 20 feet from the west property line. All other building setbacks, regardless of building orientation, shall be a minimum of 5 feet from property lines for the multi-family lots within the development (minimum 10 feet between structures). The reduced building separation/setback is approved as part of the PD application. 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 in effect at that time. 3. All of the lots within the multi-family portion of the development shall be a minimum of 3,500 square-feet, as requested. All of the lots withal the office portion of the development shall be a minimum of 3,300 square-feet, as requested. These reduced lot sizes are approved as part of the PD application. FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND DECISION ANll O12DER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 24 4. There shall be no minimum frontage requirements for the lots within the proposed development, as requested. This reduced/waived frontage is approved as part of the PD application. 5. Revise the submitted site plan to show the common pathways/sidewalks along the south property line, west property line, between the office and multi-family areas near Millennium Way, and between the multi-familyLots 12 and 13 and the office Lots 6 and 7. Ten copies of said revised site plan shall be submitted to the City Clerk's office atleast ten days prior to the next public hearing. 6. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development_ 7. Provide each multi-family dwelling writ with at least one hundred square feet of useable private open space. 8. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 9. Applicant shall submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of the Ada County Highway District as follows: t. 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 hill width and atleast 30-feet into the site beyond the edge of pavement of the Millenium Way. 3. Construct a 35-foot wide driveway that intersects Millenium Way approximately t5-feet north of the south property line, as proposed. Pave the driveway its Cul] width and atleast 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 aligns with Gala Drive. Pave the driveway its firll width and at least 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 full width and at least 30- feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 1 ~-foot radii abutting the existing Overland Road. FINDINGS OF FACT AND CONCLtiSIONS OF LAW AND DECISION AND ORDER G12ANTING CONU1T10NAL USE PE121VI1T PAGE 5 OF 24 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. 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 nrunber) 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 357-6258 (with tl le pumbers) for details. 5. All design and construction shall be in accordance with the Ada Co~mty 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. 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 constriction in accordance with Ordinance #197, also known as Ada County Highway DistiicC Road Impact 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 to ACHD 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 withirr ACHD right-of--way. The applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION A\rD 012DE12 GRANTING CONDITIONAL USE PEILVIIT PAGE 6 OF 24 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 Cormty Highway Dlstret. 11. Any change by the applicant in the plaimed 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 plarmed use of the subjecC 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 soughC. C. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. 2. All laterals and waste ways must 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 Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District mast 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 In igation District. D. 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: I . That afire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. 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 F1NllINGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION .4ND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 24 Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. No Parlcing will be allowed on all intem,al access roads which are less than 20' wide. 7. Apartment buildings containing 6 or more units shall be required to be fire sp,riiil<led. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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 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 cun-ent best management practices for Stormwater disposal and design a Stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of Sanitary Services Company as follows: More review is needed on the proj ect for waste generation and collection points and enclosure sizes and locations. G. Adopt the Recommendations/Comments of.Toint School District'_Vo. 2 as follows: The Meridian School District has experienced phenomenal. student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Maverick Subdivision will have a significant impact on school enrollments of Mary McPherson Elementary, Lake Hazel Middle, and Mountain View High School. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 24 3. We can predict that these homes, when completed, will house fifty-five (55) elementary aged children, filly-one (51) middle school aged children, and forty-two (42) setuor 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 16, 20D3 meeti n, as follows: For clarification: The subdivision name shall be known as Sage Crest Subdivision, it was formerly laiown 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 docwnent 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. 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. 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 landscaping. 13. On the submitted site plan, the Applicant has shown enough parking to accommodate the proposed uses. Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the Plamted Development, to modify specific development standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION 9ND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 24 The purpose of the Planned Development (PD) is to allow for modifications from the development standards of the underlying zone in order to encourage mixed-use projects, and to permit secondary uses which are integrated with and support the primary use. It is found that the proposed office use will support the primary multi-family use by having services close to residences, thereby reducing traffic congestion on nearby roadways, reducing air pollution, and creating an efficient use of the land. Relief from the frontage, setback and lot size standards were specifically requested in the conditional use permit (PD) application. It is found that most of Che proposed lots do not meet the frontage, setback and lot size standards of the L-O zone. In fact, most of the lots do not have any frontage on a roadway at all, as the applicant is proposing shared private driveways for the access and parking. There is support of the requested lot frontage, setback and lot site deviations because all of the proposed buildable lots within the subdivision have access to the common parking/drive lot and the proposed lots can accommodate The proposed building envelopes with a modification to the standard setbacks. See Special Consideration "A" for detailed analysis of the allowable setbacks for this development. Meridian City Code 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent of the gross land area. Common open space means land exclusive of street rights-of--way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. At a minimum, common open space lots shall include one deciduous shade tree per 8,000 square feet and lawn, either seed or sod (MCC 12-13-16-5). hi addition to the common open space requirement, Meridian City Code 12- 6-2.A.4 states that all residential planned developments shall provide each dwelling unit with at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE l0 OF 24 least one htmdred square feet of useable private open space, such as a patio or deck In the Applicant's submittal letter, it is stated that 13% of the site is open space. ,Lots 22, 42, and 77 meet the definition of common open space, and together these areas exceed the ten percent minimum. See Special Consideration "C". It is found that the site is large enough to accommodate die proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development process. 14. The subject site is designated "High Density Residential" on the Comprehensive Plan Future Land Use Map. Chapter 7 of the Comprehensive Plan defines High Density Residential as areas allowing for the development of multi-family homes in areas where urban services are provided. The L-O zone allows offices. It is found that the proposed development is harmonious with and in accordance with the adopted Comprehensive Plan and in general conformance with the requirements of the Zoning Ordinance and that the development plan is consistent with the recorded rezone resolution and development agreement approved by the City for this site. 1 ~. It is found that the general design, constniction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. 16. It is not anticipated that the proposed uses will adversely affect the other properties in the vicinity. ] 7. Sanitary sewer and water service is proposed via extension to the site from the existing main lines in Millennium Way and Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 24 ACRD has approved this application, with conditions for driveway location and construction as well as their standard requirements. 18. The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs Co serve the site will be fire and police services. IC is found Chat there will not be excessive additional requirements at public cost and that the proposed use will not be den-imental to the community's economic. welfare. 19. As this site builds out, it will produce additional traffic on nearby arterial roadways. According to ACHD traffic counts, on June ]0, 2002, there were 12,115 vehicle trips on Overland Road, east of Locust Grove Road. On June 11, 2002, there were 3,856 vehicle trips on Locust Grove Road, south of Overland Road. On February 27, 2002, there were 22,670 vehicle trips on Eagle Road, north of Overland Road. This year, Overland Road was widened to 5-lanes and curb, gutter and new sidewalk was constructed abutting the site. The Overland Road widening project added additional capacity to the arterial. The fact is recognized that traffic and noise will increase with the developmenC of this site. However, it is not anticipated that the development of this site will create excessive traffic, noise, smoke, fumes, glare or odors. 20. ACHD has reviewed and approved one vehicular approach to the site from Overland Road and three approaches from Millennium Way. Review of the ACHD report for this project will provide additional information. 21. It is not anticipated that any natural or scenic feature(s) of major importance in the area will be affected by the proposed development. CONCLUSIONS OF LAW FINDINGS OF FACT AiN'D CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 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). 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 Platming and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to heating 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 circuorstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible witll other uses in the general neighborhood and with the existing or intended character of the general vicinity and Chat such use will not adversely change the essential character of the same area; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 24 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 b8 served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fiunes, 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 High Density Residential District (site is presently zoned as L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers oFrecord 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 afer the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR4NTING CONDITIONAL USE PERMIT 'PAGE 14 OF 24 with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 11-17-6) When the City Council approves a conditional use permit it may ,impose conditions of that approval that reasonably: A. Minunize 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, u~ 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 Order that: That the above named applicant is granted a conditional use permit for approval to modify a previously approved CUP for a mixed use plamted development including 21 office pad sites and to receive detailed CUP approval for 192-multi-family dwelling units, including reduced setbacks, reduced ]ot frontage and reduced lots sizes on 14.58 aca es in a proposed L-O zone for Sage Crest Subdivision fka Maverick Subdivision, located on the south side of Overland Road, on the west side of Millennium Way, between Locust Grove Road and Eagle Road, commonly known as Lot 6, Block 1, Resolution Subdivision No. 1, Meridian, Idaho, subject to the ,following conditions of use and development, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the conditional use permiC. 2. Building setbacks for Lots 48 - 5l, B]ock 1, shall be a minimum of i0 feet fiam the north property line. Due to existing easements, building setbacks for Lots 21 --30, Blocl< 1, shall be a minimum of 15 feet from the south property line. Due to existing easements, building setbacks for Lots 13 - 21, Block 1, shall be a minimum of 20 feet from the west property line. All other building setbacks, regardless of building orientation, shall be a minimum of 5 feet from property lines for the multi-family lots within the development (minimum 10 feet between structures). The reduced building separation/setback is approved as part of the PD application. Unless odterwise approved by the City of Meridian, all building setbacks for the future office lots shall be in accordance with the applicable zoning regulations in effect at that time. 3. All of the lots within the multi-family portion of the development shall be a minimmn of 3,500 square-feet, as requested. All of the lots within the office portion of the development shall. be a minimum of 3,300 square-feet, as requested. These reduced lot sizes are approved as part of the PD application. 4. There shall be no minimum frontage requirements for the lots within the proposed development, as requested. This reduced/waived frontage is approved. as part ofthe PD application. ~. Revise the submitted site plan to show the common pathways/sidewalks along the south properly line, west property line, between the office and multi-family areas near Millennium Way, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 24 and between the multi-family Lots 12 and 13 and the office Lots 6 and 7. Ten copies of said revised site plan shall be submitted to the City Clerk's office at least ten days prior to the next public hearing. 6. Provide common open space that equals or exceeds ten percent of the a oss land area for the multi-family portion of the development. 7. Provide each multi-family dwelling unit with at least one hundred square feet of useable private open space. 8. All development shall comply with the Americans with Disabilities Act and the Fair Housing Aci. 9. Applicant shall submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Close an existing 22-foot wide driveway that intersects Millenium Way approximately 33 ~- 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 frill width and at least 30-feet into the site beyond the edge ofpavement of the Millenium Way. 3. 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 fill width and at least 30-feel into the site beyond the edge of pavement of Millenium Way. 4. Construct a 24-foot wide driveway that intersects Millenium Way and aligns with Gala Drive. Pave the driveway its full width and at least 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 1.2~-feet east of the west property line. Pave the driveway its full width and at least 30-feet into the site beyond the edge ofpavement of the roadway and install pavement tapers with i5-foot radii abutting the existing Overland Road. 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 Standazd Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERI'vIIT PAGE 17 OF 24 Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street fiontages 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 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 conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of way. The applicant at no cost to ACHD 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 District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 24 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or ,its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Nampa & Meridian IrrigationDistrict as follows: 1. Applicant shall file a Land Use Application prior to final platting. 2. All laterals and waste ways must be protected. The District's Hunter Latera] courses along the west boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any surface 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 in-igation water be made available to all developments within the Nampa & Meridian Irrigation District. D. Adopt the Recommendations ofthe Meridian Fire Department as follows: The following will be the requiretents and/or concerns to provide minimum levels of fire protection for the proposed project: I. That afire-flow consistent with Appendix D of the International Fire Code be provided to service flee entire project. Fire hydrants shall be placed an average of 350' apart. 2. 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. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. All fire lanes shall have an unobstructed width of 20'. No Parking will be allowed on all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONllITIONAL USE PEKiV11T PAGE 19 OF 24 internal access roads which are less than 20' wide. Apartment Uuildings containing 6 or more units shall be required to be fire spiiiilded. E. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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 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 grow~dwater and surface water degradation. F. Adopt the Recommendations of Sanitary Services Company as follows: 1. More review is needed on the project for waste generation and collection points and enclosure sizes and locations. G. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten yeazs,The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Maverick Subdivision will have a significant impact on school enrollments at 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, and forty-two. (42) senior high aged students. Additional students will further compound die 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 16, 2003 meeting as follows: For clarification: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 24 1. The subdivision name shall be known as Sage Crest Subdivision, it was formerly laiown 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 com~ection 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. 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 landscaping. The conditions shall be reviewable by the Council pursuant to Meridian City Code § I 1-17-9. 3. The above conditions are concluded to be reasonable and Che applicant shall meet such requirements as a condition of approval of the application for a conditional use pernlit. 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 CONDITIONAL USE PERMIT PAGE 21 OF 24 eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. hr 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 Che 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 fo Che first phase. In the event that the development is made in successive contiguous segments or ondtiple 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 CONDITIONAL USE PERbIIT PAGE 22 OF 24 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for ,ludicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after Che 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 ~~~ , 2004. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~~- COUNCILWOMAN TAMMY de WEERD VOTED '~'~- COUNCILWOMAN CHERIE McCANDLESS VOTED COUNCILMAN BILL NARY VOTED ~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /-6 _ ~~ MOTION: APPROVED: DISAPPROVED: i MayorRoberf D. Cowie FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 23 OF 24 Attest: G. Berg, Jr., City ~`~~~~1pFttM gpyq'gi ~~ ~ ~~' a~~ s0~'C cp~a~ 9,L ~y: \'~ rF0 - ~~i~kL Copy served upon Applicant, Planning and Department and the City Attorney. By: .~ City Clerk o"~ 9Q9~vST ts~,"`~F r. Public Works Dated: ~~ 6 ~ ~ Z:\Worlc\M\Meridian\Meridian 15360M\Sage Crest tka Maverick Sub PP-03-030 CUP-03-045\PfCIsCUP03-045.doc `` Vpruunnrytr~ ~~.~y pF ME/~ja''~~,,~~ ~\(1 ~pRP6RgT~p9ti~~': SEAL Y 0~ s G ~ ~:,''yQ9 car ts~ •~ ~~p`c ~+ ~ ;, ~~ ~'Yittit aii11As FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12/16/03 1N THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 192-UNIT MULTI-FAMILY DWELLING COMPLEX AND CONCEPUTAL APPROVAL OF 19 OFFICE PAD SITES IN THE L-O 'LONE, LOCATED ON THE SOUTH SIDE OF OVERLAND ROAD, ON THE WEST SIDE OF MILLENNIUM WY, BETWEEN LOCUST GROVE ROAD AND EAGLE ROAD, COMMONLY IC'VOWN AS LOT 6, BLOCK 1, RE50LUTION SUBDIVISION NO. 1, MERIDIAN, IDAHO DIRK MARCUM AND MICHAEL RIGGS, APPLICANT Case No. CUP-03-045 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on December 16, 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: ORDER CONDITIONAL USE PERMIT (CUY-03-045) PAGE 1 OF 10 2. That the above named applicant is granted a conditional use permit for approval to modify a previously approved CUP for a mixed use planned development including 21 office pad sites and to receive detailed CUP approval for 192-multi-family dwelling units, including reduced setbacks, reduced lot frontage and reduced lots sizes on 1458 acres in a proposed L-O none for Sage Crest Subdivision fka Maverick Subdivision, located on the south side of Overland Road, on the west side of Millennium Way, between Locust Grove Road and Eagle Road, commonly known as Lot 6, Block 1, Resolution Subdivision No. 1, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations ofthe P1am7ing 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. Building setbacks for Lots 48 - Sl, Block 1, shall be a minimum of 10 feet from the north property line. Due to existing easements, building setbacks for Lots 31 - 30, Block I, shall be a minimum of ]5 feet from the south property line. Due to existing easements, building setbacks for Lots 13 - 21, Block I, shall be a minimum of 20 Ceet from the west property line. All other building setbacks, regardless ofbuilding orientation, shall be a minimum o FS feet from property lines for the multi-fanuly lots within the development (minimum l0 feet between structures). The reduced building separation/setback is approved as part of the PD application. 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 in effect at that time. All of the lots within the multi-family portion of the development shall be a minimum of 3,500 square-feet, as requested. All of the lots within the office portion of the development shall be a minimrnn of 3,300 square-feet, as requested. These reduced ]ot sizes are approved as part of the PD application. 4. There shall be no minimum frontage requirements for the lots within the proposed development, as requested. This reduced/waived frontage is approved as part of the PD application. ORDER CONDITIONAL USE PERMIT (CCP-03-045) PAGE 2 OF 10 5. Revise the submitted site plan to show the common pathways/sidewalks along the south property line, west property line, between the office and multi-fami ly areas near iVli Ilennium Way, and between the multi-family Lots 12 and 13 and the office ,Lots 6 a~1d 7. Ten copies o said revised site plan shall be submitted to the City Clerk's office at least ten days prior fo the next public hearing. 6. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development. 7. Provide each multi-family dwelling unit with at least one hundred square feet of useable private open space. 8. All development shall comply with the Americans with Disabilities Aci and the Fair Housing Act. 9. Applicant shall submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least ] 0 days prior to the next hearing on this application. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. 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 i,ts fill width and at least 30-feet into the site beyond the edge of pavement of the Millenium Way. 3. Construct a 35-foot wide driveway that intersects Millenium Way approximately l5-feeC north of Che south property line, as proposed. Pave the driveway its frill width and at least 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 aligns with Cala Drive. Pave the driveway its full width and at least 30-feet into the site beyond the edge ofpavement 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 fidl 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. ORDER CO'VDITIONAL USE PERMIT (CUP-03-045) PAGE 3 OF 10 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 District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway Distict Policy Mamial, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval., prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road 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 to ACHD 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 ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 4 OF 10 shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 1 1. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Nampa & Meridian In~igation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. 2. All laterals and waste ways must be protected. The District's Hunter Latest courses along the west boundary of this proposed project. 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 Nampa & Meridian lrrigation 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. D. 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: 1. That afire-flow consistent with Appendix D of the International Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Operational fire hydrants and temporary or permanent street signs ~u-e required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 5 OF 10 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28' inside and 48' outside radius for all entrances'and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. No Parking will be allowed on all internal access roads which are less than 20' wide. 7. Apartment buildings containing 6 or more units shall be required to be fire sprinkled. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage and central water after written approval from appropriate entities is submitted. 2. "fhe 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. Stonnwater shall bepre-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 stomiwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Sanitary Services Company as follows: 1 . More review is needed on the project for waste generation and collection points and enclosure sizes and locations. G. Adopt the Reconmtendations/Comments of.ioint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal stutlent growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 6 OF 10 2. Approval of Maverick Subdivision will have a significant impact on school enrollments at Mary McPherson Elementary, Lake Hazel Middle, and Mountain View High School. We can predict that these homes, when completed, will house fifty-five (55) elementary aged children, fifty-one (51) middle school aged children, and forty-two (42) senior high aged students. Additional students will further compound the cun'etrt 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 16, 2003 meeting as follows: For clarification: 1. 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 comrection, and such agreement shall be submitted to the Public Worlcs 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. 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 landscaping. The above conditions are concluded to be reasonable and the applicant shall meet ORDER CONDiTiONAL USE PERMIT (CUP-03-045) PAGE 7 OF 10 such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (] 8) MONTH CONDITIONAL USE PERiVI,IT DURATION Please take notice that the conditional use permit shall be valid for a maximum period oC eighteen (18) months utiless otherwise approved by the council. During this time, the perniit 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 ofpermanent footings or structures on or in the round. 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 (] 8) 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 constricted within successive intervals of one year from khe ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 8 OF 10 original date of approval by the council If the successive phases are not submitted within one year intervals, the conditional approval of the futtn'e 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 67-8005, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will tall the time period within which a Petition for Judicial ,Review maybe filed. Please take notice that this is a lnal action of the govemiog body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be'adversely affected by the issuance or denial of the conditional use 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 6~'~ day of ~~"'~-~~ , 2004. Robert . Corrie, Mayor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-03-045) PAGE 9 OF 10 Attest: }~'illiarn G. Berg, Jr., City ``````````11111111711n 11/1/////,'''/~/'i J'~tQ'^ W )y i ~~` ^('1 /yp~ p - s~'A~a = Y ~ _ Copy served upon Applicant, the Planning and Zoning Department, Public Wodcs Department ~~d City Attorney. By ~~~ ~ City Clerk \11\1r`1`~Il Iu l f 1q/y /// T ~ M L~ ,~ ,, ~~~ ~r tst , ~~~ .~ C ~worl \M\MerfdanlMeridian U3GOM\SaPe Cresl Ika Maverid: Sub PP-03-030 CUP-03-045\OrderCUP.doc !///~///I/,p 11111111111`` ORDER CONDITIONAL USE PERMIT (CUP-03-045) 6-0~ PAGE 10 OF ]0