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HomeMy WebLinkAboutRazzberry Crossing CUP 03-062RE\JE1 V hij FEB 13 2004 City Of Meridian interoffice tyClerk Office MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols Subject: BY: CARL AND BONNIE REITERMAN FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RAZZBERRY CROSSING SUBDIVISION IN R-8 AND L -O ZONES File No.: CUP -03-062 Date: February 12, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\WorkN\Meridian\Meridian 15360M\Razzberry Crossing AZ -03-034 PP -03-039 CUP-03-062\Cl kLt,CU Pfl cls&Or(lei .doc February 12, 2004 CUP 03-062 MERIDIAN CITY COUNCIL MEETING February 17, 2004 APPLICANT Cad and Bonnie Reiterman ITEM NO. + REQUEST Findings — Request for a Conditional Use Permit for a Planned Development containing a mix of residential and professional office uses in proposed R$ and L-O zones for Proposed Raz2berry Crossing — south of E. McMillan Rd and west of N. Locust Grove Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached Findings 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 POST OFFICE: OTHER: See attached letter from Terri Ingram Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at Public meetings shall become properly of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RAZZBERRY CROSSING SUBDIVISION IN A R-8 AND L -O ZONES, LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, SOUTH OF EAST McMILLAN ROAD, MERIDIAN, IDAHO CARL AND BONNIE REITERMAN, APPLICANT C/C 02/03/04 Case No. CUP -03-062 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having conic before the City Council on February 3, 2004, at the hour of 7:00 p.m., at Meridian CityHall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Wayne Forret', Terri Ingram, Mike Ingram, Wyoma Ham, Nlary Thorne, and Rick McGraw, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL, USE PERMIT PAGE 1 OF 21 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 February 3, 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 hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duty considered by the City Council at the February 3, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planningjurisdiction of [lie 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. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the west side of Locust Grove Road, south of East McMillan Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 21 5. The owners of record of the subject property are Carl and Bonnie Reiterman. 6. Applicant is the same as owner of record. 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) and L -O (Limited Office) before the City Council. The zoning districts of R-8 and L -O are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development consisting of 34 residential building lots, 4 professional office lots, and 6 other lots on 11.31 acres in a proposed R-8 and L -O zones for Razzberry Crossing Subdivision, The R-8 and L -O zoning designations are 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 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use Neighborhood. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of The Meridian School District, expressed in their letter dated December 1, 2003, 12 The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 21 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planningjurisdiction public facilities and services required by the proposed development will not impose expense upon the public 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 of the Planning and Zoning Commission as Follows: 1 Delete the last sentence of Comment no. 1 on page 10. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS Conditional Use Permit Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. At least 10 days prior to the next public hearing, the 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 HoU91112 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 Ada County Highway District as follows: Special Recommendation to the City of Meridian Because the 1 -acre parcel adjacent to the northeast corner of the site is an gout parcel," the District can not require the applicant to construct sidewalk abutting that 1 -acre parcel because it is not a part of the subdivision plat. The District does however recognize that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERIMIT PAGE 4 OF 21 there are a number of schools in the area and that pedestrian safety is a concern. Therefore the District is making a special recommendation to the City of Meridian that the applicant be required to construct a 5 -foot wide concrete sidewalk along Locust Grove to connect to the sidewalk that is required to be constructed along Locust Grove with this application. There is sufficient existing right-of-way for the construction of the sidewalk on the out parcel; the face of the sidewalk would need to be located 28 -feet from the centerline in the existing 33 -feet of right-of-way. If this additional sidewalk is constructed, there will only remain approximately 170 -feet of frontage on Locust Grove in need of sidewalk in order to connect to Havasu Creek Subdivision. Site Specific Conditions ofApproval The applicant shall do one of the following: a. Dedicate by donation a total of 35 -feet of right-of-way along Locust Grove Road, and construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a 2 -feet within the new right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-feet fiom the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct West Star Lane, west of Locust Grove approximately 470 -feet west into the site (or up to the westernmost commercial driveway on West Star Lane), as a 40 -foot street section with curb, gutter, and 4 -foot detached concrete sidewalk and 5 -foot landscaping strip within 54 -feet of right-of-way in accordance with district policy for commercial roadways. 3 Construct West Star Lane, west of the last commercial driveway as a 29 -foot street section with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as proposed. 4. Constrict North Heritage View Avenue, Reiterman Avenue, and North Heritage Woods Avenue as 29 -foot street sections with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as proposed. 5. Construct 4 -foot detached concrete sidewalks with 5 -foot landscaping strips abutting all of the internal roadways as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 21 6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Comply with all Standard Conditions of Approval. Standard Conditions ofApprovai 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 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 ofbuilding 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 #198, 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 (I-800-342-158 e b least two full business days prior to breaking ground within ACHD right800-3 2 The applicant shall contact ACHD Traffic Operations 387-61.90 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 21 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. 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 m change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change ill use is sought. D. Adopt the recommendations of the Meridian Fire Department as follows: Provide a fire -flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2- All roads internal fire lanes and entrances shall have a turning radius of 28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minim um width of 20' available at all times. 4 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All streets shall be posted "No Parking Fire Lane" and all curbs painted red.. E. Adopt the recommendations of the Settler's Irrigation District as follows: I • All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to constructio❑ of any S.I.D. 4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 21 constriction meeting. According to the application, it is proposed that the subdivision will access a pressure irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID has no objections to this proposal as long as the system is installed to our standards and specifications, and the developer of Havasu Creek is agreeable allow not assuumed ownership of the system to date, connection since SID as F. Adopt the Recommendations of Central District Health Department as follows: 1 This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3 Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council talcen at their Febniary 3,2004 meeting as follows: For clarification: 1 ACHD's special recommendation asked the City to require the developer to Put Curb, gutter, and sidewalk on the parcel, but because the proposed property was not part o f the annexation request, and is not part of the plat request, this parcel shall remain a county property until such time as they want to develop it. 2. For the corresponding preliminary plat application, PP -03-039, it shall be required that prior to Final Plat submittal the applicant must receive approval from the Meridian Fire Department for parking on one side of the proposed street sections west of the landscape buffer dividing the residential development from the proposed Light Office development. This may require a revised street section. 3. The Light Office development will require detailed Conditional Use approval. 4. Before submittal of the Final Plat, the developer shall obtain the necessary easements and/or other written evidence ofpermission to install the curb, gutter and sidewalk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 21 along Locust Grove Road, which would be on an out parcel. 5. The applicant shall be required to provide 47 %z feet for street frontage. 6. The Meridian Fire Department has required the removal of the landscape island ill the center of the street to allow better access for fire trucks in the subdivision. 14. It is found that the subject property's size of 11.31 acres is large enough to accommodate the proposed residential development and all otherrequired features. The applicant is providing 1.42 acres of open space and is proposing a density of 4.04 dwelling units per acre. 15. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Neighborhood". It is found that the proposed residential and light office development is harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. The applicant is proposing to include 10% open space and a micropath connecting the proposed park with an existing park in Havasu Creek to meet the requirement for two amenities for the planned development. While these amenities meet the minimum standards for aPlanned development it is felt that the applicant should provide additional amenities such as the addition of playground equipment or picnic areas to the Proposed park. 16. It is found that the proposed uses will be compatible with other residential nad light office uses in the general neighborhood and the existing and intended character of the general vicinity. 17. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. I8. It is found that the proposed development can be adequately served by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 21 essential public facilities and services, including: streets, police and fire protection, drainage su-uctuw res, refuse disposal, water and seer. 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 to be paid for by the public. The developer will extend urban services to the subject property. 20. It is found that the proposed development will not result in excessive 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 create significant interference with traffic on the surrounding public streets. Review of the ACHD 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 I • 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 (I.C. §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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 21 S. 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 ofits zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards 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 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; C. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures. refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the connnLill ity; 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 shal I be so designed as not to create interference with traffic on surrounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 21 1• That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5• Prior to granting a conditional use permit in the Medium Density Residential District (R-8) and Limited Office District (L -O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial distracts 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 j 11-17-6) 7. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 21 B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 34 residential building lots, 4 professional office lots, and 6 other lots on 11.31 acres in proposed R-8 and L -O zones for Razzberry Crossing Subdivision located at on the west side of Locust Grove Road, south of East McMillan 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 Delete the last sentence of Comment no. 1 on page 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 21 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least 10 days prior to the next public hearing, the 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. 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 Ada County Highway District as follow s: Special Recommendation to the 00ofMeridian Because the I -acre parcel adjacent to the northeast comer of the site is an "out parcel," the District can not require the applicant to construct sidewalk abutting that 1 -acre parcel because it is not a part of the subdivision plat. The District does however recognize that there are a number of schools in the area and that pedestrian safety is a concern. Therefore the District is making a special recommendation to the City of Meridian that the applicant be required to construct a 5 -foot wide concrete sidewalk along Locust Grove to connect to the sidewalk that is required to be constructed along Locust Grove with this application. There is sufficient existing right -of --way for the construction of the sidewalk on the out parcel; the face of the sidewalk would need to be located 28 -feet h -on, the centerline in the existing 33 -feet of right-of-way. If this additional sidewalk is constructed, there will only remain approximately 170 -feet of frontage on Locust Grove in need of sidewalk in order to connect to Havasu Creek Subdivision. 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 along Locust Grove Road, and construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a 2 -feet within the new right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 21 b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28 -feet From the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Construct West Star Lane, west of Locust Grove approximately 470 -feet west into the site (or up to the westermnost commercial driveway on West Star Lane), as a 40 -foot street section with curb, gutter, and 4 -foot detached concrete sidewalk and 5 -foot landscaping strip within 54 -feet of right-of-way in accordance with district policy for commercial roadways. 3. Construct West Star Lane, west of the last commercial driveway as a 29 -foot street section with curb, gutter, and concrete sidewalk within 50 -feet of as proposed. g 4. Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage Woods Avenue as 29 -foot street sections with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as proposed. 5. Construct 4 -foot detached concrete sidewalks with 5 -foot landscaping strips abutting all of the internal roadways as proposed. 6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7 Comply with all Standard Conditions of Approval. Standard Conditions ofApprovai 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION :AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15OF21 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 huildin, permit (or other required pen -nits), 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 #198, 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 arc 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 Hi-hway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the recommendations of the Meridian Fire Department as follows: I Provide a fire -flow per the International Fire Code Appendix D to service the project. Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERM]]' PAGE 16 OF 21 hydrants shall be placed an average of 400' apart. 2. All roads internal fire lanes and entrances shall have a turning radius of 28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All streets shall be posted "No Parking Fire Lane" and all curbs painted red.. E. Adopt the recommendations of the Settler's Irrigation District as follows: All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Parkins- Nourse Lateral and the Heritage Drain. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5 All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreem construction meeting. ent needs to be in place prior to the pre - 7. According to the application, it is proposed that the subdivision will access a pressure irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID has no objections to this proposal as long as the system is installed to our standards and speci fications, and the developer of Havasu Creek is agreeable allow connection since SID as not assumed ownership of the system to date. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 21 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 obtai❑ current best management practices for stortnwater disposal and design a stormwaler managemenC system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their February 3 2004 meeting as follows: For clarification: t ACHD's special recommendation asked the City to require the developer to put curb, gutter, and sidewalk on the parcel, but because the proposed property was not part of the annexation request, and is not part of the plat request, this parcel shall remain a county property until such time as they want to develop it. 2. For the corresponding preliminary plat application, PP -03-039, it shall be required that prior to Final Plat submittal the applicant must receive approval from the Meridian Fire Department for parking on one side of the proposed street sections west of the landscape buffer dividing the residential development from the proposed Light Office development. This may require a revised street section. 3. The Light Office development will require detailed Conditional Use approval. 4. Before submittal of the Final Plat, the developer shall obtain the necessary easements and/or other written evidence of permission to install the curb, gutter and sidewalk along Locust Grove Road, which would be on an out parcel. The applicant shall be required to provide 47 %feet for street frontage. 6. The Meridian Fire Department has required the removal of the landscape island in the center of the street to allow better access for fire tricks in the subdivision. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 21 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 eighteen (18) months unless otherwise approved by the council. During this time, Uie permit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for tinme extension shall be submitted at least thirty (30) days prior to the deadline #o' completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (I S) 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 fronm 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- 4.13.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 21 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at ssue. .A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial 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 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 [ 7 I% day of 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: VOTED_,,q� VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER -MIT PAGE 20 OF 21 MOTION: APPROVED: !y Attest: am G. Berg, Jr., City Copy served upon Applicant, Planning an Department and the City Attorney. By: {��y City Clerk DISAPPROVED: ayor in de Weerd SEA, , is'1 • �` rr r 3+fiIfrtment, Public Works \ ♦♦`'�`l OF CT (ppF41 j �iC� Ali ♦ P6 Dated: 2 '/7— O ¢ SEAQ, /IVT`( tOP ��• Z,.\WorldM\.MeridianAMendiun ISJGOWRazzberiy Crnssino AZ -03 -Ola pP-0}_039 C'U1'-0?-062AFrilyC'UP03-062doc r�rrr����l1171111+1{111AA����A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RAZZBERRY CROSSING SUBDIVISION IN R-8 AND L -O ZONES, LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, SOUTH OF EAST McMILLAN ROAD, MERIDIAN, IDAHO CARL AND BONNIE REITERMAN, APPLICANT C/C 02/03/04 Case No. CUP -03-062 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on February 3, 2004, corder 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: That the above named applicant is granted a conditional use permit for a Planned Development consisting of 34 residential building lots, 4 professional office lots, and 6 other lots on 11.31 acres in proposed R-8 and L -O zones for Razzberry Crossing Subdivision located on the west side of Locust Grove Road, south of East McMillan Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (Clip -03-062) PAGE 1 OF 9 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Delete the last sentence of Comment no. 1 on page 10. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least 10 days prior to the next public hearing, the Applicant shalt 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. 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 Ada County Highway District as follows: Special Recommendation to the City of Meridian Because the 1 -acre parcel adjacent to the northeast corner of the site is an "out parcel," the District can not require the applicant to construct sidewalk abutting that 1 -acre parcel because it is not a part of the subdivision plat. The District does however recognize that there are a number of schools in the area and that pedestrian safety is a concern. Therefore the District is making a special recommendation to the City of Meridian that the applicant be required to construct a 5 -foot wide concrete sidewalk along Locust Grove to connect to the sidewalk that is required to be constructed along Locust Grove with this application. There is sufficient existing right-of-way for the construction of the sidewalk on the out parcel; the face of the sidewalk would need to be located 28 -feet from the centerline in the existing 33 -feet of right-of-way. If this additional sidewalk is constructed, there will only remain approximately 170 -feet of frontage on Locust Grove in need of sidewalk in order to connect to Havasu Creek Subdivision. Site Specific Conditions of Approval The applicant shall do one of the following: ORDER CONDITIONAL USE PERMIT (CUP -03-062) PAGE 2 OF 9 a. Dedicate by donation a total of 35 -feet of right-of-way along Locust Grove Road, and construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located 2 -feet within the new right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right -of way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Construct West Star Lane, west of Locust Grove approximately 470 -feel west into the site (or up to the westernmost commercial driveway on West Star Lane), as a 40 -foot street section with curb, gutter, and 4 -foot detached concrete sidewalk and 5 -foot landscaping strip within 54 -feet of right-of-way in accordance with district policy for commercial roadways. Construct West Star Lane, west of the last commercial driveway as a 29 -foot street section with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as proposed. 4. Construct North Heritage View Avenue, Reiter -man Avenue, and North Heritage Woods Avenue as 29 -foot street sections with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as proposed. 5. Construct 4 -Foot detached concrete sidewalks with 5 -foot landscaping strips abutting all of the internal roadways as proposed. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be home by the developer. ORDER CONDITIONAL USE PERMIT (CLIP -03-062) PAGE 3 OF 9 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 #198, 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. I . 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 ORDER CONDITIONAL USE PERMIT (CUP -03-062) PAGE 4 OF 9 of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the recommendations of the Meridian Fire Department as follows: Provide a fire -flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All roads internal fire lanes and entrances shall have a turning radius of 28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width or 20' available at all times. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. All streets shall be posted "No Parking Fire Lane" and all curbs painted red - E. Adopt the recommendations of the Settler's Irrigation District as follows: l . All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Anychanges to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre - construction meeting. 7. According to the application, it is proposed that the subdivision will access a pressure irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID has no objections to this proposal as long as the system is installed to our standards and specifications, and the developer of Havasu Creek is agreeable allow connection since SID as not assumed ownership of the system to date. Adopt the Recommendations of Central District Health Department as follows: ORDER CONDITIONAL USE PERMIT (CUP -03-062) PACE 5 OF 9 This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their February 3, 2004 meeting as fol lows: For clarification: ACHD's special recommendation asked the City to require the developerto put curb, gutter, and sidewalk on the parcel, but because the proposed property was not part of the annexation request, and is not part of the plat request, this parcel shall remain a county property until such time as they want to develop it. For the corresponding preliminary plat application, PP -03-039, it shall be required that prior to Final Plat submittal the applicant must receive approval from the Meridian Fire Department for parking on one side of the proposed street sections west of the landscape buffer dividing the residential development from the proposed Light Office development. This may require a revised street section. The Light Office development will require detailed Conditional Use approval. 4. Before submittal of the Final Plat, the developer shall obtain the necessary casements and/or other written evidence of permission to install the curb, ;utter and sidewall< along Locust Grove Road, which would be on an out parcel. 5. The applicant shall be required to provide 47 Yz feet for street frontage. 6. The Meridian Fire Department has required the removal of the landscape island in the center of the street to allow better access for fire trucks in the subdivision. ORDER CONDITIONAL USE PERMIT (CUP -03-062) PAGE 6 OF 9 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application For a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 1 I-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is excceded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the ORDER CONDITIONAL USE PERMIT (CUP -03-062) PAGE 7 OF 9 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 I -17- s; NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-80031 the Owner may request a regulatory taking analysis. Such request must be in writing, and must be tiled with the City Cleric 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 Judicial 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 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 67, Idaho Code. By action of the City Council at its regular meeting held on the /71�" day of F -e 5 2004. ORDER CONDITIONAL USE PERMIT (CUP -03-062) Tammy de e d, Mayor City of Meridian PAGE 8 OF 9 Attest G. Berg, Jr., City Copy served upon Applicant, the and City Attorney. RUP '•909... ygt .n� Bv:= Dated: City Clerk Public Works Department Z -l7-0� NN% or- pF0 AL 1 Z:'\4olk:NVMcndlan`.Mai ldian 15360M\Ra7zbeny Crossing AZ -03-031 PP -03-019 CUP-03-()6iVOrdirCII P.doc �?/fit Pi'�I�0`��� ORDER CONDITIONAL USE PERMIT (CUP -03-062) PAGE 9 OF 9 RECEIVED rA 2 9 77,4 January25, 2004 MAY( rt S OFFICE To: Mayor DeWeerd and the Meridian City Council; CIT" V`' NTE V iDjAN Re: Razzberry Crossing I am writing concerning an item on the City Council Meeting agenda for Tuesday, February 3, 2004. Before you will be a request for approval of a subdivision named Razzberry Crossing located at 4379 N. Locust Grove, Meridian. I am requesting that you do not approve the proposal as written. My name is Tem Ingram. I five at 4320 N. Locust Grove, Meridian. Directly across the street from the proposed development. This development has been badly planed and badly executed since day one. Your council was wise enough to have the developer withdraw their first application under the name Blooming Meadows. I believe this application is almost as bad. The owners, Cad and Bonnie Reitennan, have hired a new planning consultant in pursuit of approval under the name Razzberry Crossing. A short synopsis of the history of this project beginning with the first P&Z meeting; June 2003- Planning and Zoning recommended denial of the applications on the basis of several items. P&Z recommended that the developers obtain a street connection to Locust Grove at Star Lane and that the developers hold a neighborhood meeting- something that had been neglected in the planning process. • June 30, 2003- The developer sponsored a neighborhood meeting. 25-30 people attended that meeting. The developer told' us what they were going to do. The neighbors objected to the proposed density and to the connection to Locust Grove at Star Lane. Further we had serious concerns about pedestrian traffic to the elementary and high schools. July 1, 2003- Stating that °the P&Z Commission was swayed by the public opposition to the Comprehensive Plan that happened to manifest itself on this project." The developer appealed to the City Council to overturn the denial of the application. The developer presented the original proposal to the City Council with a few 'cosmetic' changes. You may recall that the Council Auditorium was standing room only with neighbors attending in opposition to the proposed project. City Council reprimanded the developer for wasting Council time, P&Z time, and the neighbors' time. They further stated that density was obviously an issue with the neighbors and asked the developer to withdraw the application and start over. This time starting with a neighborhood meeting in which they listened to the neighbors rather than just infomdng them of what was going to be done. August 25, 2003- The developer sponsored a neighborhood meeting. 20-25 people attended. The developer introduced a new planning consultant and presented the new proposal. This time the R-15 townhouses were gone but in their place were 3 light office lots. Neighbors were not happy with the light office concept but were told by the planner that another option was a Circle K or a gas station. Neighbors asked to have a member of Heritage Sub be put on the design and the CCR committees of Razzberry Crossing. (chis has still not been done.) By the end of the meefing, most neighbors were still not happy with the light office but were encouraged with the fad that the planner was taking notes and appeared to be listening. The neighbors asked that when our concerns were addressed in the plan, the developers hold another meeting to review the changes. • September 1, 2003- The developer sponsored the second neighborhood meeting. Tumout was low. Those of us who did attend found to our dismay that no changes had been made to the proposal. We were once again being told what was being done. • January 8, 2004- The proposal for Razzbeny Crossing was presented to P&Z. The neighbors neighborhood opposition re upset by the fact that the proposal now contained 4 fight office lots. Despite pposition the proposal met the P&Z requirements for the Comprehensive Plan and the plan was forwarded with a recommendation for approval. The changes made were contrary to what the existing neighbors had requested. This timeline leads up to the decision before you on February 3, 2004. As you make that decision I would hope that you would take the following into consideration. The developers will state that the neighbors requested the street connection at Star Lane. The P&Z meeting notes reflect that one neighbor wanted that connection. That neighbor has a vested financial interest in having the developer put in that road as it will also serve the development he has planned on his property. All of the other neighbors who testified that night were against the proposed connection to Locust Grove at Star Lane due to traffic congestion at the intersection. An additional concern is the increased traffic load on Locust Grove. Media articles have quoted ACHD as saying Meridian planning does not adequately account for ways to pay for street improvements in north Meridian. We asked the developers to help with that problem. Locust Grove Road is in poor condition. Per ACHD, the proposed Blooming Meadows would have added 496 additional vehicle trips per day on Locust Grove. The new proposal, Razzbeny Crossing, with light office spaces, would add 570. The developers 'compromise' went in the wrong direction, again. The neighbors objected to the proposed density, both the R-15 townhouses and the R-8 residential lots. Thanks to the comments from the City Council in July, the townhouses were removed, leaving only our feeling that the R-8 did not ft with the surrounding area. To the north of the proposal is a 1 acre residential lot and a 2 acre residential lot Havasu Creek borders this development to the north and to the west and will eventually border partially on the South. Havasu Creek is zoned R-4. Also on the south are two 5 acre lots containing one residence. The owner of these lots has expressed the intention to divide at least one of these lots in the future. To the east is Heritage Subdivision, a development of mostly 1 acre residential lots with a few % acre lots. The neighbors there have repeatedly expressed the desire to see R-4 in this development as it would be more cohesive with the surrounding area. This request has been ignored, again. In both of the neighborhood meetings for Razzbeny Crossing, the neighbors objected to the 3 light office spaces. Both times we were'threatened' with having a Circle K or a gas station being installed in our neighborhood. In the P&Z meeting on January 8, 2003, the developer bragged to the Commission members when he said "anytime you can put an office next to some homes, the neighbors always seem to be pretty happy with that. Unlike maybe a Circle K or a gas station'. When the proposal was presented to P&Z it came with 4 light office spaces. The changes made were contrary to what the existing neighbors had requested, again. The neighbors have serious safety concerns regarding access for children to the neighborhood schools. Razzberry Crossing is on the west side of Locust Grove, north of the schools which are on the east side of Locust Grove. Locust Grove is a 50 mile per hour road with no sidewalks, no shoulders, and no street lights. The children from this neighborhood will have to walk that road in the morning in the dark and in good weather and bad. Since this project will bring more families and more children into the area, we asked that the developers address this issue by working with ACHD to put in sidewalks from the development to the sidewalk in front of Heritage Commons- which has a cross walk that is manned before and after school. Instead the developers 'compromised' by adding more than 100 feet of additional sidewalk going north from the subdivision- that's right, away from the schools. While I think we all appreciate the effort, the developers'compromise' goes in the wrong direction, again. Mother concern for this proposal, and more importantly for this community, Is the lack of Water. As stated by Planning and Zoning Staff member Mr. Fmcldeton in the January 15, 2004 P&Z meeting, the 'Meridian water supply is at capac ky.' Mr. Freckleton additionally said he 'could not comfortably recommend approving any new subdivisions' until that situation has been remedied. I agree with Mr. Frecideton. Unless the City of Meridian is prepared to allow United Water to contract to provide water to new subdivisions, which takes money for improving the Meridian water system out of the City's coffers, no new subdivisions should be approved. I would quote Councilman Nary In the July 1, 2003 meeting you need to listen to these people. That's why we have a neighborhood meeting process, so you'll listen to people, not for you to just tell them what you want to do, but you listen to them and what they'd like to have. Compromise and communication is what we are talking about" Every so called 'compromise' this developer makes compounds the problem and communication requires a sender and a receiver. We continue to send messages but the receiver seems to either be malfunctioning or turned off. My feeling is that the developer is just waiting for us to get tired of trying to get our message through. In dosing I would say that Planning and Zoning approves or denies based on the Comprehensive Plan. If the proposal fits within the letter of the plan, they do not look closer to see whether it is the right plan for the property and for the neighborhood. Therefore it falls on this Council to look beyond the book and below the surface to see if the spirit of the plan is also being met. I do not believe that it is. This Council has the authority to remand this proposal back to Planning and Zoning unit such time as the developers learn the meaning of the word compromise and address the safety, density, traffic and water supply issues. I would ask that you do so. Thank You, `\ Tem E. Ingram 4320 N. Locust Grove Meridian, ID 83642