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HomeMy WebLinkAboutSoda Springs Sub CUP 03-043RECEIVED FE3 0 4 2004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIANCity Of Meridian City Clerk Office C/C 12/09/03 C/C 01/06/04 Revised per C/C 01/27/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERIVIIT FOR A PLANNED DEVELOPMENT FOR SODA SPRINGS SUBDIVISION IN AN R-8 ZONE, LOCATED AT 2310 AND 2384 EAST VICTORY ROAD, MERIDIAN, IDAHO Case No. CUP-03-043 FINDINGS OF FACT AND CONCLUSIONS OI' LA~V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT JLJ ENTERPRISES, [NC., .APPLICANT The above entitled conditional use permit application having come before the City Council on December 9, 2003 and continued until January 6, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Amin Powell Planning Director for the Plamling and Zoning Department, Brad Watson of the Public Works Department, Fire Chief Kenny Bowers, Meridian Police Chief Bill Musser, Jane Suggs, Lucien Samaha, Kathy Thompson, Marvin Hansen, Jeffrey Clingler, Louise Godby, Nancy Hansen, Geoe Bucklaud, Jim Jewett, Michelle Buckland, Norm Wright, Donald Ferguson, and Bruce Mills, appeared and testified, and the City Council having duly considered the evidence anal the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDF,R GRANTING CONDITIONAL USE PERMIT PACE 1 OF 22 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 ttvo (2) consecutive weeks prior to the said public hearing scheduled for December 9, 2003 and continued until 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 (15) days prior to said hearing and with the notice of public heating having been pasted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 9, 2003 and continued until January 6, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the plamring jurisdictien of the City of Meridian, having been given full opportunity to express comorents 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. I 1-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting Jiled 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 22 Council on this application. 4. The property is located at 2310 and 2384 East Victory Road, Meridian, Idaho. The owners of record of the subject property are Charles L. Creech and Clayton Record. 6. Applicant is JLJ Enterprises, Inc. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit far a Planned Development consisting of 57 single-family building lots with 9 other lots on I 1 acres in a proposed R-8 zone for Soda Springs Subdivision. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section t1-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constihtte a conditional use as detem~ined by City Ordinance. 1 1. The City Council recognizes the concerns of Marvin and Nancy Hansen expressed in their letter dated October 2, 2003. The City Council also recognizes the Petition dated: RECE'1VED SEP 25 2003 City of Meridian City Clerlc Office, and which has been entered FINDINGS OF FACT AND CONCLUSIONS OF LAR' AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 into public record, by the homeowners of Sherbrooke Hollows Subdivision, and the objection to the house sizes for Soda Springs in a letter from Andy C. Doll dated September 23, ?003. Additionally, the narrative from Steven K. Harding dated: RECEIVED DEC 02 ?003 City of Meridian City Clerk Office has also been entered into public record in this matter. 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 currem zoning maps thereof and the Comprehensive Plan of the City of Meridian, rind Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the govermnental subdivisions providing services in the City ofMeridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Restrictions under CUP will be referenced on plat. 2. Minimum housing sizes for west and north lots are 1,500 s.f. for single story houses and 1,750 s.f, for two story houses. 3. The minimum house size for single story houses on Victory Rd. is 1,300 s.f. 4. Minimum house sizes on alley lots are 1,300 s. f. for single story houses and 1,600 s.f. for two story houses. B. Adapt 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. FINDINGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION' AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 2. Applicant shall submit a detailed plan for the proposed park and tot lot. 3. All development shall comply with the Americans with Disabilities Act and theFair Housing .Act. 4. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. C. 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tuna around. 2. All roads shall have a turning radius of 28' inside and 48' outside. 3. A minimtm~ of two points of access will be required for any portion of the project, which serves more than 50 homes. The emergency access road will require either a 20' wide swine gate or bollards, and if bollards are used then the Meridian 'Fire Department will need to approve of them. The location on Block 1 Lot 18 is approved. 4. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. D. Adopt the Recommendations of Central Dishict Health Department as follows: L 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 Envirorunental Quality. 3. Run-off is not to m-eate a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Ada County Highway District as follows: A. Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of--way from centerline along Victory Road, and constrict a minimum 5-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 minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet fi-om 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. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road approximately 385-feet east of the west property line. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of right-of--way. A. Construct Condo Avenue and McPherson Street as 29-foot street section with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter snip within 42-feet oC right-of--way. 5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on the east side of the roadway with a minimum of 24-feet of pavement within a minimum of 35-feet ofright-of--way, as proposed. 6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert Street and McPherson between Condo Avenue and Gunnell Avenue AND between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have aback-of-curb radius of 15-feet at all intersections and pave the alleys their entire width of 16-feet. Any driveways that are proposed to access an alley shall be located a minimum of 25-feet from F[NllINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PACE C OF 22 the nearest public street and the minimum clear distance from the back of any parking stall to the opposite side of the alley shall be 22-feet. Construct one knuckle without a center island located in the northwest corner of McPherson Street and Conda Avenue, as proposed. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. 9. Construct a temporary emergency access road that will intersect Victory Road approximately 10-feet west of the east property line and extend to the north to intersect Tigert Street, as proposed. Install traffic bollards within the emergency access to minimize the connection. 10. Other than the access paints that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to Victory Road shall be placed on the final plat. l 1. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of=way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that 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 District Policy Manual, ISPWC Standards and approved supplements, Consn-uction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 7 OF 22 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 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 ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in The terms and conditions of this approval shall be valid unless Chey 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. F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: 1. Per the Parks Department, Developer shall build the pathway to approved pathway standards. 2. For clarification: The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots with 9 common lots, except the revised Preliminary Plat under Project Summary: Minimum Dwelling S ize.........1200 sq. ft. is not approved, and the minimum dwelling sizes are addressed in number G.6 herein below. 2. The Applicant shall increase the entry street width to 36'. By increasing the street Co this width it will help to create more parking. Also, the front yard setbacks shall be reduced to 11' instead of IS' to additionally accommodate the 36' street width. (ACHD reviewed the proposed street layout and found that anetwork ofone-way streets would not be beneficial to FINDINGS OF FACT AND CONCLtiSIONS OF LAW AND DECISION AND ORllER GR4NTINC COND]T[ONAL USE PERMIT PAGE 8 OF 22 the circulation or safety in the proposed subdivision. ACHD is allowing the Applicant to construct a 36' street section, with parking allowed on bath sides, within a 50' right-of-way. (Per ACHD's letter dated January 5, 2004.) 3. The Applicant shall revise the street layout on the east side of the subdivision to include a rolled curb and gutter on the east side of Hudspeth Avenue. 4. Applicant shall construct cedar fencing behind the 6,500 square foot lots. 5. Applicant shall only be allowed one story homes to be built on the lots that back up to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed. in these homes, but no windows shall face into the Sherbrooke Hollows homes. 6. Minimum housing sizes shall be as follows: a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows. b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows. c. 1,300 sq. ft. minimum for homes backing up to Victory Road. d. 1,300 sq. ft. minimum for one story homes on alleys. e. 1,600 sq. ft minimum for two story homes on alleys. The sanitary sewer connection shat l be directly westward on V ictory Road to the lai oer Te.n Mile Sewer Trunk and beyond in the firture. Ultimately, the sewer shall be diverted to the future Black Cat Sewer Trunk. 8. The drawing submitted at the City Council meeting held on January 6, 2004 and dated January 6, 2004 regarding the street section for Hudspeth Avenue is hereby approved. 14. It is found that the subject property's size of 11 acres is large enough to accommodate the proposed residential development and all other required features. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential". ]t is found that the proposed residential uses are harmonious with and in accordance with the ComprehensiveP1an. The projectmeets the requirements and objectives ofthe ,Planned Development Ordinance. The applicant is proposing to include a park and tot lot and instal I a regional pathway bordering the Ridenbaugh Canal to meet the requirement for two amenities for the planned development. E'INDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAFTING CONDITIONAL USE PERMIT PAGE 9 OF 22 16. It is fowid that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. Surrounding land uses to the north, west, and east are single-family residential. The property to the south of the subject property is designated as a Neighborhood Center in Meridian's Comprehensive Plan. The proposed development's density of R-8 will buffer the existing resideential subdivisions north of the subject property from the commercial development on the south side of Victory Road. 17. It is not anticipated Chat the proposed project will have ate adverse impact on the surrounding property. 18. It is found that the proposed development can be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. It is found Chat the proposed vehicular approaches on Victory Road should not appreciably interfere with traffic on the surrounding streets. The ACRD has recommended that access to the subdivision off of Victory Road be moved to Gunnell Avenue from Conda Avenue. The proposed access off of Conda Avenue is closer than 300' to an existing access road off of Victory found in the Sherbrooke Hollows Subdivision. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services Co be paid for by the public It is found that the proposed vehicular approaches on Victory Road should not appreciably interfere with traffic on the surrounding streets. The ACHD has recommended that access to die subdivision off of Victory Road be moved to Gunnell Avenue from Conda Avenue. The proposed access off of Conda Avenue is closer than 300' to an existing access road off of Victory found in the Sherbrooke Hollows Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND DECISION .4ND ORDER G12ANTING CONDITIONAL USE PERMIT PAGE ]0 OF 22 20. It is found that there will not be an increase in traffic, noise, smoke, fumes, glare or odors in the general vicinity if the subdivision is approved. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. Review of the ACRD report for this project will provide additional information. 22. 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 by issuance of this conditional use. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers coo,ferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67=6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following stv~dards are met and that the proposed development (Meridian City Code ~ l I-17-3) a. That the site is large enough to accommodate the proposed use and al I yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential 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 higlnvays, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or thaC the person responsible for the establislunent 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 fhc community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, 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. Prior to granting a conditional use permit in the Medium Density Residential Disu-ict (R-8), a public hearing shall be conducted with notice to be published acid provided to property owners or purchasers of record within three hundred feet (300') of the external FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANU ORDF,R GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained properh; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1.3 OF 22 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. The City of Meridian has, by ordinance, established the Impact .Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, ?00?, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order drat: That the above named applicant is granted a conditional use permit for a Plumed Development consisting of 57 single-family building loll with) other lots on l 1 acres in a proposed R-8 zone for Soda Springs Subdivision located at 2310 and 2384 East Victory Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Restrictions under CUP will be referenced on plat. 2. Minimum housing sizes for west and north lots are 1,500 s.f. for single story houses and 1,750 s.f. for two story houses. 3. The minimum house size for single story houses on Victory Rd. is 1,300 s.f. 4. Minimum house sizes on alley lots are 1,300 s.f. for single story houses and ],600 s.f. for two story houses. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAH' AND DECISION AND ORDF,R GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. Applicant shall submit a detailed plan for the proposed park and tot lot. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. C. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimrun levels of fire protection for the proposed project: The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. All roads shall have a turning radius of 28' inside and 48' outside. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The emergency access road will require either a 20' wide swing gate or bollards, and if bollards are used then the Meridian Fire Department will need to approve of them. The location on Block 1 Lot 18 is approved. 4. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. D. Adopt the Recommendations of Cenn-at District Health DepartmenC as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 5. The Engineers and architects involved with the design of the subject project shall obtain cun'ent best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk. along V"ictory 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 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. 2. Construct the main entrance to be located so shat Gunnell Avenue intersects Victory Road approximately 385-feet east of the west property line. Construct Gwmell Avenue and Tigert Street as 36-foot street sections with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of right-of--way. 4. Construct Condo Avenue and McPherson Street as 29-foot street section with curb, gutter and 4-foot detached sidewalks that aze separated by a 5-foot planter strip within 42-feet of right-of--way. 5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and ~-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on the east side of the roadway with a minimum of 24-feet of pavement within a minimum of 35-feet ofright-of-way, as proposed. Construct two ] 6-foot wide alleys within the subdivision located perpendicular to TigerC Street and McPherson between Condo Avenue and Gunnell Avenue AND between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have aback-of-curb radius of 15-feet at all intersections and pave the alleys their entire width of l6-feet. Any driveways that are proposed to access an alley shall be located aminimum of25-feet from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 the nearest public street and the minimum clear distance from the back of any parking stall to the opposite side of the alley shall be 22-feet. Construct one laruckle without a center island located in the northwest corner of McPherson S[reet and Conda Avenue, as proposed. 8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. Construct a temporary emergency access road that will intersect VictoryRoad approximately ] 0-feet west of the east property line and extend to the north to intersect Tigert Street, as proposed. Install traffic bollards within the emergency access to minimize the connection. 10. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to Victory Road shall be placed on the final plat. 1 l . Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing in-igation 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 aC 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 387-628 (with tilt numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway Disn-ict 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. F1NDiNG5 OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 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 consU uction in accordance with Ordinance X197, also larown 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 ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACFI,D conduits (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 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 die 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. F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: ] . Per the Parks Department, Developer shall build the pathway to approved pathway standards. 2. For clarification: The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots with 9 common lots, except the revised Preliminary Plat under Project Summary: Minimum Dwelling S ize.........1200 sq. ft. is not approved, and the minimum dwelling sizes are addressed in number G.6 herein below. The Applicant shall increase the entry street width to 36'. By increasing the sweet to this width it will help to create more parking. Also, the front yard setbacks shall be reduced to 11' instead of 15' to additionally accommodate the 36' street width. (ACHD reviewed the proposed street layout and found that anetwork ofone-way streets would not be Ueneficial fo FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 the circulation or safety in the proposed subdivision. ACRD is allowing the Applicant to construct a 36' street section, with parking allowed on both sides, within a 50' right-of--way. (Per ACHD's letter dated January 5, 2004.) 3. The Applicant shall revise the street layout on the east side of the subdivision to include a rolled curb and gutter on the east side of Hudspeth Avenue. 4. Applicant shall construct cedar fencing behind the 6,500 square foot lots. 5. Applicant shall only be allowed one story homes to be built on the lots thae back up to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but no windows shall face into the Sherbrooke Hollows homes. 6. Minimum housing sizes shall be as follows: a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows. b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows. c. 1,300 sq. ft. minimum for homes backing up to Victory Road. d. 1,300 sq. ft. minimum for one story homes on alleys. e. 1,600 sq. ft. minimum for two story homes on alleys. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the future Black Cat Sewer Truiil<. 8. The drawing submitted at the City Council meeting held on January 6, 2004 and dated January 6, 2004 regarding the street section for Hudspeth Avenue is hereby approved. The conditions shall be reviewable by the Council pursuant to Meridian City Code I1-17-9. The above conditions are concluded to be reasonable and the applicanl shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with tlils Decision, which shall be signed by the Mayor and City Cleric 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE ] 9 OF 22 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or stnuctures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date For the project. if the completion date specified for the project is exceeded, the conditional use application shall become mill 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 (l8) month period. Fox 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 nndtiple 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 I 1-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for .ludicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuanC to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Z ~% day of ~Qiyws~n. , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED l C~ COUNCILMAN B[LL NARY VOTED__~ COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BII2D VOTED MAYOR TAMMY de WEEI~p (TIE BREAKER) VOTED DATED: ~O ¢ MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2] OF 22 Ma e Weerd dnnmii! `„~~ ,,,~ ~o°•,~~1 pF MEI~Q~,9 ~~''~' Attest: ~ G~ ~,d~~ rFO ~ D $EAi, Iliam G. Berg, Jr., City Copy served upon Applicant, Planning and Department and the City Attorney. City Clerk ~~ ` tSS • 1` c° Q Public Works Rpard~th~lent .~ , ~ ti ~. G ~oaP°~a rF \~ O Z ~ y~o ~ sEAL Paled: - ~y %9Wnrk~M\Men Jian~Mcridimi 1?iGOM\Soda Springs Sub A7: Oi-02J PP-02-027 CUP-03-0A]AI'IYIIsCCPOi-0A7 Jac c 1~ O ` 0 90 UST 1SZ . ,Z, `~ / ~°q COUNTY , ~~P°`\`• .. ' 1'it~~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDI_AN C/C 12/09/03 C/C 0]/06/04 Revised per C/C 0]/27/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SODA SPRINGS SUBDIVISION IN AN R-8 ZONE, LOCATED AT 2310 AND 2384 EAST VICTORY ROAD, MERIDIAN, IDAHO Case No. CUP-03-043 ORDER GRANTING COND[T10NAL USE PER;YH'1' JLJ ENTERPRISES, INC., APPLICANT This matter coming before the City Council on December 9, ?003 and continued until January 6, 2004, tinder the provisions of Meridian City Code § 17 -17-4 for final action on conditional use permit application and the Council having received and approving the Rccounnendation of the Planning and Zoning Commission the Council tales the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 57 single-family building lots with 9 other lots on 1 l acres in a proposed R-8 zone for Soda Springs Subdivision located at 2310 and 2384 East Victory Road; Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGF. 1 OF 9 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Restrictions under CUP will be referenced on plat. 2. Minimum housing sizes for west and north lots are 1,500 s.f. for single story houses and 1,750 s.f. for two story houses. 3. The minimum house size for single story houses on Victory Rd. is 1,300 s.f. 4. Minimum house sizes on alley lots are 1,300 s.f. for single story houses and 1,600 s.f. for two story houses. B. Adopt the Recommendations ofthe Plamring and Zoning and Engineering staff as follows: l . Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall submit a detailed plan for the proposed park and tot lat. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of tine p~atection for the proposed project: 1. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. 2. All roads shall have a tinning radius of 28' inside and 48' outside. 3. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The emergency access road will require either a20' wide swing gate or bollards, and if bollards are used then [he Meridian Fire DepartmenC will need to approve of them. The location on Bloclc 1 Lot 18 is approved. 4. Provide afire-flow per the hrternational Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE 2 OF 9 D. Adopt the Recommendations ofCentral District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicants central sewage and central water plans must be submitted to and approved by the Idaho Department ofHealth & Welfare, Division ofEnviroomental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Ada County Highway District as follows: A. Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along Victory Road, and 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. b. Do not dedicate additional right-of-way, but construct a minunum 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 ~-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. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road approximately 385-feet east of the west property line. ORDER CONDITIONAL USE PERMIT (ChP-03-043) PAGE 3 OF 9 Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter sU ip within 5Q-feet of right-of--way. 4. Construct Condo Avenue and McPherson Street as 29-foot street section with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-fect of right-of--way. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on the east side of the roadway with a minimum of 24-feet of pavement within a minimum of 3~-feet of right-of-way, as proposed. 6. Construct hvo 16-foot wide alleys within the subdivision located perpendicular to Tigert Street and McPherson between Condo Avenue and Gunnel] Avenue AND between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a back-of-curb radius of 15-feet at all intersections and pave the alleys their entire width of 16-feet. Any driveways that are proposed to access an alley shall be located a minimum of 25-fcet fi~om the nearest public street and the minimum clear distance from the back of any parkin; stall to the opposite side of the alley shall be 22-feet. Construct one knuckle without a center island located in the northwest corner of McPherson Street and Condo Avenue, as proposed. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. Construct a temporary emergency access road that will intersect Victory Road approximately 10-feet west of the east property line and extend to the north to intersect Tigert Street, as proposed. Install traffic bollards within the emergency access to minimize the co~mectian. 1.0. Other than the access points that have specifically been approved with this application. direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to Victory Road shall be placed on the final plat. 1 I . Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. ORDER CONDITIONAL USE PERVIiT (CUP-03-043) PAGE 4 OF 9 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 387-6?58 (with f 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; Construction Services procedures and all applicable ACHD Ordinances unless specifcallywaived 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 ofbuilding permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conforniance with al] applicable requirements of the Ada County Highway District prior to DistricC approval for occupancy. S. 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 bnpact 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 lean 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 ACI-3D 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 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, ORDER CONllITIOhAL USE PERMIT (C U 1'-03-043) PAGE 5 OF 9 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 interit 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. F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: l . Per the Parks Department, Developer shall build the pathway to approved pathway standards. 2. For clarification: I. The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots with 9 common lots, except the revised Preliminary Plat under Project Summary: Minimum Dwelling S ize.........1200 sq. ft. is not approved, and the minimum dwelling sizes are addressed in number G.6 herein below. 2. The Applicant shall increase the entry street width to 36'. By increasing the street to this width it will help to create more parking. Also, the front yard setbacks shall be reduced to 11' instead of 15' to additionally accommodate the 36' street width. (ACRD reviewed the proposed street layout and found that anetwork ofone-way streets would not be beneficial to the circulation or safety in the proposed subdivision. ACHD is allowing the Applicant to construct a 36' street section, with parking allowed on both sides, within a 50'right-of--way. (Per ACHD's letter dated January 5, 2004.) The Applicant shall revise the street layout on the east side of,the subdivision to include a rolled curb and gutter on the east side of Hudspeth Avenue. 4. Applicant shall construct cedar fencing belvnd the 6,500 square foot lots. Applicant shall only be allowed one story homes to be built on the lots thaC back up to the one story homes in Sherbrooke Hollows. Bonus rooms shal I be allowed in these homes, but no windows shall face into the Sherbrooke Hollows homes. 6. Minimum housing sizes shall be as follows: a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows. b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows. c. 1,300 sq. fi. minimrun for homes hacking up to Victory Road. d. 1,300 sq. ft. minimum for one story homes on alleys. e. 1,600 sq. ft. minimum for two story homes on alleys. 7. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten ORDER CONDITIONAL USE PERMIT (CUP-03-043) PAGE 6 OF 9 Mile Sewer Trunlc and beyond in the future. Ultimately, the sewer shall be diverted to the future Black Cat Sewer Trunlc. 8. The drawing snbmitted at the City Council meeting held on January 6, 2004 and dated ianuary 6, ?004 regarding the street section for Hudspeth Avenue is hereby 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 permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions ofMeridian City Code § 11-17-8, a'copy ofwhich is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire buildine permits and commence construction of permanent footings or structures on or in the ground. Iiz this context "structures" shall include sewer and water lines, streets or building constriction. The applicant has specified in the application and to the commission and council a constructimr 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 ORDER CONDITIONAL USE PERMIT (CUP-113-043) PAGE 7 OF 9 project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 1 1-17- A. B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALI'SIS 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 Ue filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition far .iudicial 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 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 ajudicial review as provided by Chapter 52, Title G7, Idaho Code. ORDER CONDITIONAL USE PERMIT (CiJP-03-043) PAGE 8 OF 9 By action of the City Council at its regular meeting held on the ~ ~% day of ~l ~'"~'-~- , 2004. ~~ `~ T~~~~' de W d, Mayor City of Meridian Attest: ',~~.,~y,OF MEI~jr~~.,~~~ ~c3. ~o~To ?.',, D _ ~ /,u'`""- /~~ ~ = SEAL yi'illiam G. Berg, Jr., y Clerk . v ~o`~ c . 9Q ~C,~T 3st ,, P~Q ~~ ~. ~'%,19 L,O,1 3..x.1 ~~` ~:`. Copy served upon Applicant, the Plannit~g;~'fi~,Zgtt~3t~ Department, Public Works Department and City Attorney. BY~ ~~---- ~ ~ Dated: City Clerk 2-~-0¢ Z:\Work\M\MeridianVvteridian 15360M\Soda Springs Sub AZ-03-023 PP-03-027 CUP-03-043\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CL'P-03-043) p~nunupli,~',, ^~~F a~~,R/Zj; ,, Fo __ --SEAL • 9O'~'~p 1ST .1~0~~ . <<1~°" ~~~~~ C~' PAGE 9 OF 9