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HomeMy WebLinkAboutCobblefield No. 2 CUP 03-059BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFIELD CROSSING N0.2 IN AN R-8 ZONE,LOCATED APPROXIMATELY'/: MILE EAST OF THE SOUTHEAST INTERSECTION ON McMILLAN ROAD AND CINDER ROAD, 1295 WEST McMILLAN ROAD, MERIDIAN, IDAHO Case No. CUP-03-059 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT INITIAL POINT, LLC, APPLICANT The above entitled conditional use permit application having come before the City Council on February 24, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Brian English, and Tonya Converse, appeazed 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 heazd and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTT PAGE 1 OF 21 Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 24, 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 duly considered by the City Council at the February 24, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 21 4. The property is located approximately''/z mile east of the southeast intersection on McMillan Road and Linder Road, 1295 W. McMillan Road, Meridian, Idaho. 5. The owner of record of the subject property is Initial Point, LLC. 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 annexafion 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 for a Planned Development in an R-8 zone for Cobblefield Crossing Subdivision No. 2. 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 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Low Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Joint School District No. 2 expressed in their letter dated October 21, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 3 OF 21 and the Ordinance establishing the Impact Area Boundary. ' 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant shall submit a detailed plan for the proposed park, swimming pool, and recreational equipment. 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. 5. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire prof ect. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 21 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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. 5. All roads shall have a taming radius of 28' inside and 48' outside. 6. The court on the end of W. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. C. Adopt the Recommendations of ACHD as follows: The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately 130-feet (to the centerline) east of the west property line, as proposed. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". 6. Any proposed landscape islands/medians within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this aze required on the final plat. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed island or median. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 5 OF 21 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the wnstruction 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 of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair exisfing 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 ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL 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 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. D. Adopt the Recommendations of Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of Settlers' Irrigation District as follows: All irrigation drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman Lateral. The requested easement is 30' (15' on either side from the center line of the lateral) 2. A Land Use Change Application must be on file prior to any approvals. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 21 5. All storm drainage must be retained on-site. 6. The development must supply irrigafion access to all lots within the above-mentioned subdivision. If the developer wishes to have Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. F. Adopt the action of the City Council from their February 24, 2004 as follows: For Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their can-ent irrigation schedule so that the District may include this information as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regazds to irrigation and Cobblefield Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that azea to help carry the water out to the same point where it was draining originally. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water issues. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Mazgie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 21 14. It is found that the subject property's size of 7.98 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 "Low Density Residential". The applicant is requesting a "step up" to "Medium Density" from the Comprehensive Plan designation of "Low Density Residential". The proposed residential uses are 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 a 1.28 acre park, micropaths, which connect to Cobblefield No. 1 Subdivision, swimming pool and recreational equipment. 16. It is found 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 south are single-family residential and surrounding properties to the north, east, and south have a Meridian Comprehensive Plan designation of "Medium Density Residential". The applicant is requesting a "step up" to a "Medium Density Residential" zoning designation with their request for R-8 zoning. Baldwin Park Subdivision has recently been approved to the south and Paramount Subdivision has recently been approved to the north. 17. It is not anticipated that the proposed project will have an adverse impact on the surrounding property. 18. It is found that the proposed development can be adequately served by the essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. It is found that the proposed vehicular approaches on McMillan Road should not appreciably interfere with traffic on the surrounding streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 9 OF 21 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. It is found that the proposed vehicular approaches on McMillan Road should not appreciably interfere with traffic on the surrounding streets. 20. It is found that the proposed development will not result in excessive traffic, noise, smoke, fumes, glaze 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 conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 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. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 21 provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and 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; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTI' PAGE 11 OF 21 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), 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 districts shall only be required to have one public hearing which shall beheld 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION 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 Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development in an R-8 zone for Cobblefield Crossing Subdivision No. 2 located approximately '/~ mile east of the southeast intersection on McMillan Road and Linder Road, 1295 West McMillan Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTI' PAGE 13 OF 21 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant shall submit a detailed plan for the proposed park, swimming pool, and recreational equipment. 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. 5. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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 azound. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. The court on the end of W. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. 7. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 14 OF 21 C. Adopt the Recommendations of ACHD as follows: 1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. 2. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately 130-feet (to the centerline) east of the west property line, as proposed. 3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Any proposed landscape islands/medians within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed island or median. 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. Comply with all Standard Conditons of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe 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 15 OF 21 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 of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD 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. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 16 OF 21 appropriate entities is submitted. 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 gassy 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 Settlers' hrigafion District as follows: 1. All irrigation drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman Lateral. The requested easement is 30' (15' on either side from the center line of the lateral) 2. A Land Use Change Application must be on file prior to any approvals. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers hrigation District. 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 Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. F. Adopt the action of the City Council from their February 24, 2004 as follows: For Clarification: The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance are met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 21 and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this information as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefield Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help carry the water out to the same point where it was draining originally. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water issues. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 18 OF 21 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 exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply 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 11-17- 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 CONDTTIONAL USE PERNIIT PAGE 19 OF 21 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 Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By a-ct/ion of the City Council at its regular meeting held on the ~~~ day of (~.~ , 2004. ROLL CALL: COUNCII.MAN SHAUN WARDLE VOTED_ i~ COUNCILMAN BILL NARY VOTED_~~~~-- COUNCILMAN CHARLIE ROUNTREE VOTED_~~!'~K- COUNCILMAN KEITH BIRD VOTED~~-- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED:~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 20 OF 21 MOTION: APPROVED: DISAPPROVED: M or T e Weerd ``,~gaununlp~r ~/ Attest: `~~.~`~~~'~~ GF ~ ~ '~~~'~.'. F ~' SEAL = illiam G. Berg, Jr., City 1 =,~,yo ~'~r ism Copy served upon Applicant, Planning afYdq,>~pg:Ufep~ Department and the City Attorney. By: ~ i; City Clerk ~`~1C1~~pHppRq O~~{~' ~', F -~-~J~ SEAL r, 9 < +~ Ilrharl tl: ~i1` Z:1WorkN~MeddianVNertdian 15360Iv6Cobblefield Crossing Sub No. 2 AZ-03A28 PP-03-033 CUP-03A591FfC]sCUP03-059.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT Nti It I111111I1111~ Public Works ~o~`~ OF MEF~~ ~''o,. PAGE 21 OF 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/24/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR COBBLEFIELD CROSSING SUBDIVISION N0.2 IN AN R-8 ZONE,LOCATED APPROXIMATELY'/: MILE EAST OF THE SOUTHEAST INTERSECTION ON McMILLAN ROAD AND CINDER ROAD, 1295 WEST McMILLAN ROAD, MERIDIAN, IDAHO Case No. CUP-03-059 ORDER GRANTING CONDITIONAL USE PERMIT INITIAL POINT, LLC, APPLICANT 1. This matter coming before the City Council on February 24, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use pennit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development in an R-8 zone for Cobblefield Crossing Subdivision No. 2 located approximately '/= mile east of the southeast intersection on McMillan Road and Linder Road, 1295 W. McMillan Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE 1 OF 9 A. Adopt-the Recommendafions of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant shall submit a detailed plan for the proposed park, swimming pool, and recreational equipment. 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. 5. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for a durafion of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. 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. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. The court on the end of W. Adams Place shall have the curbs painted red from Lot 10 to Lot 16. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE 2 OF 9 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire Lane" and shall have the curbs painted red. C. Adopt the Recommendations of ACHD as follows: The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp Canal within an easement provided to the District. Construct the main entrance, North Zachary Way, to intersect McMillan Road approximately 130-feet (to the centerline) east of the west property line, as proposed. 3. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 4. Construct a stub street (W. Adams Place) to extend to the west property line approximately 575-feet (measured centerline to centerline) south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct a stub street to extend to the east property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". 6. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed island or median. 8. Other than the accesses that have been approved with this application, direct lot access to McMillan Road is prohibited and shall be noted on the final plat. 9. Comply with all Standazd Conditions of Approval. Standard Conditions of Aunroval 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. ORDER CONDITIONAL USE PERNIlT (CUP-03-059) PAGE 3 OF 9 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 aze 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 Standazds 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 aze required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway 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 ORDER CONDTTIONAL USE PERNIIT (CUP-03-059) PAGE 4 OF 9 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. D. Adopt the Recommendations of Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendafions of Settlers' Irrigation District as follows: All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Coleman Lateral. The requested easement is 30' (15' on either side from the center line of the lateral) 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.LD. facilities. 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 Settler's Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- constructionmeeting. ORDER CONDITIONAL USE PERNIIT (CUP-03-059) PAGE 5 OF 9 F. Adopt the action of the City Council from their February 24, 2004 as follows: For Clarification: 1. The applicant shall submit a revised Landscape Plan for review by the Planning and Zoning Department, and approval if the requirements of the Landscape Ordinance aze met. 2. For the adjacent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, Settlers Irrigation District will continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries irrigation water to your property from the Settlers Canal. Settlers Irrigation District is requesting their current irrigation schedule so that the District may include this information as part of an irrigation schedule being developed by SID. SID believes that this will ease their concerns with regards to irrigation and Cobblefield Subdivision. 3. The applicant shall provide an additional notation on the Final Plat, and within the CC&R's for the subdivision, the Right To Farm Act language. 4. To provide a solution to the drainage issues, the applicant is proposing to have the drainage flow into the Murdoch line source that feeds into the adjacent property (Buse property) across the street. A letter of approval would need to be provided by either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option does not work, then the applicant shall pipe that area to help carry the water out to the same point where it was draining originally. The applicant has also worked with Settlers to make sure the control of the flow of water coming off the headgate does get shut off. 6. The applicant shall continue to work with Settlers Irrigation District to resolve any water issues. The adjacent property owners, Allen and Tawnya Converse - 4550 N. Linder Road, and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to Settlers Irrigation District facilities after the subdivision is built. 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 ORDER CONDITIONAL USE PERNIIT (CUP-03-059) PAGE 6 OF 9 complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved 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 exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply 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 11-17- 4.B.) ORDER CONDTTIONAL USE PERMTT (CUP-03-059) PAGE 7 OF 9 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKIlVGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a fmal action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Byyy~~a~~ction~~ o``f the City Council at its regular meeting held on the _~ day of /ULG~i'(,Cii'(i , 2004. i' `,"`~~a;Dtlyy~de We ayor City of Meridian Attest: ~•~~~`C~'~y' /~,L'~,s •` l FO , SEAL William G. Berg, Jr., City er 9p r tsT •~ .~0~.~~ r~ '9 t" . r ~ ~'~~drt~:7 V~^.ttt._ ORDER CONDITIONAL USE PERMIT (CUP-03-059) PAGE 8 OF 9 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: City Clerk ^ o~~r 9,` 3 ~~ a~ 9 9 ^` Z:\WorkWlVNeridianN~feridian 15360[vbCobblefield Crossing Sub No. 2 AZ-03-028 PP-03-033 CUPA3-059\Orde~ac~'p' ~'~~ •~~~t` ORDER CONDTTIONAL USE PERMIT (CUP-03-059) PAGE 9 OF 9