Locust Grove Water Reservoir #2 AZ-12-013 CUP-12-017CTTY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~~~E IDIAN~--
1DAH0
In the Matter of the Request for Annexation & Zoning of 4 Acres of Land with an R-4 Zoning
District and Conditional Use Permit for Public Infrastructure in an R-4 Zoning District for the
Locust Grove Water Reservoir #2, Located on the East Side of S. Locust Grove Road,
Approximately'/, Mile South of E. Victory Road, by City of Meridian Public Works Department.
Case No(s). AZ-12-013; CUP-12-017
For the City Council Hearing Date of: January 2, 2013 (Findings on January 15, 2013)
A. Findmgs of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 2, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 2, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 2, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 2, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval 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 Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-I2-013; CUP-120-017
1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 2, 2013, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation & Zoning is hereby approved per the Staff Report for
the hearing date of January 2, 2013, attached as Exhibit A;
2. The applicant's request for a Conditional Use Permit is hereby approved with the conditions
listed in the staff report for the hearing date of January 2, 2013, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the fmal plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(IJDC 11-SB-6F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a developrnent
application entitles the Owner to 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 fi]ed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the fmal action of the
governing board 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.
F. Attached: Staff Report for the hearing date of January 2, 2013.
CITY OP MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-013; CUP-120-017
_2_
By action of the City Council at its regular meeting held on the ' S~\day of ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCII, VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED~~
VOTED
VOTED' /~,~
VOTED
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Gl Dated: a~ f 2(~3
Ci C e Office
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-013; CUP-120-017
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
January 2, 2013
Mayor & City Council
C~1~l E IDIAN~--
lDAMO
SUBJECT
Sonya Wafters, Associate City Planner
208-884-5533
AZ-12-013; CUP-12-017 -Locust Grove Water Reservoir #2
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, City of Meridian Public Works Department, has submitted an application for
annexation and zoning (AZ) of 4 acres of land with an R-4 zoning district. Concurrently, a
conditional use permit (CUP) is requested for public infrastructure in a proposed R-4 zoning district.
See Seclion IXAnalysis for more information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ & CUP applications ,based on the Findings of Fact
and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on December 6.2012. At the
public hearing, the Commission moved to recommend approval of the subiect AZ and CUP
reauests.
a. Summary of Commission Public Hearing:
i. In favor: Shawn Nickel; Matt Carden; Jim Faber
ii. In opposition: None
iii. Commenting: Jason Bell; Scott Barker
iv. Written testimonv: Shawn Nickel
v. Staff presenting application: Sonya Wafters
vi. Otker staff commenting on application: Jav Gibbons: Clint Worthington
b. Ke v Issue(sl of Discussion by Commission:
i. Timing for construction of the multi-use pathway along the Ten Mile Creek;
ii. Service area for water reservoir.
c. Ke v Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on January 2, 2013. At the public hearing the
Council moved to approve the subiect AZ and CUP reauests.
a. Summary of City Council Public Hearine:
i. In favor: Shawn Nickel; Matt Carden
ii. In opposition: None
iii. Commenting: None
iv. Written testimonv: None
v. Staff presenting application: Sonva Wafters
vi. Other staff commenting on application: Jav Gibbons
b. Kev Issues of Discussion by Council:
i. None
Locus[ Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 1
EXHIBIT A
c. Kev Council Chances to Commission Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12-
013 and CUP-12-017 as presented in the staff report for the hearing date of January 2, 2013, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move deny File Numbers AZ-12-013 and
CUP-12-017 as presented in the staff report for the hearing date of January 2, 2013, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers AZ-12-013 and CUP-12-017 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the east side of S. Locust Grove Road, approximately'/< mile
south of E. Viotory Road, in the NW '/a of Section 29, Towriship 3 North, Range 1 East.
B. Owner(s):
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
C. Applicant:
City of Meridian Public Works Department
33 E. Broadway Avenue
Meridian,lD 83642
D. Representative:
Shawn Nickel, SLN Planning
1589 N. Estancia Place
Eagle, ID 83616
E. Applicant's StatemenUJustification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and conditional use permit. A public hearing
is required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title I1, Chapter 5.
B. Newspaper notifications published on: November 19, and December 3, 2012 (Commission);
December 10, and December 24, 2012 (CitxCouncil)
C. Radius notices mailed to properties within 300 feet on: November 8, 2012 (Commission);
December 7, 2012 (City Council)
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 2
EXHIBIT A
D. Applicant posted notice on site by: November 21, 2012 (Commission); December 17, 2012 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant land zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
I. North: Vacant property (application is currently in process to rezone to R-8 and plat the
property for single-family residential uses), zoned RUT in Ada County
2. East: Single-family residences in Tuscany Lakes Subdivision, zoned R-4
3. South: Rural residential property, zoned RUT in Ada County
4. West: Vacant land, zoned RUT in Ada County; and single-family residences in Tuscany
Village Subdivision, zoned R-8
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: The City of Meridian currently owns and maintains a 12-inch
.diameter water main directly adjacent to the project site in S. Locust Grove Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: Ten Mile Creek runs along the southern boundary of this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within a floodway but is within a floodplain in flood zone
«~>,
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future
Land Use Map. The MDR designation allows smaller lots for residential purposes within City limits.
Uses may include single-farnily homes at densities of 3 to 8 dwelling units per acre. Density bonuses
maybe considered with the provision of public amenities such as open space, pathways, or land
dedicated for public services.
This site is proposed to develop with public infrashucture consisting of a 2 million gallon municipal
water storage facility. The UDC (Table 11-2A-2) requires conditional use approval of public
infrastructure in an R-4 zoning district.
While the proposed use is not a residential use as anticipated in MDR designated areas, the proposed
water reservoir does provide a needed service for area residents.
Locust Grave Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE3
EXHIBIT A
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Require screening and landscape buffers on all development requests that are more intense than
adjacent residential properties." (3.06.O1G)
The proposed landscape plan depicts a berm with a nsix of deciduous and evergreen trees around
the perimeter of the water tank resulting in a dense screen/buffer.
• "Expand, improve, and maintain the City's infrastructure to meet existing and growing demands
in a timely, orderly, and logical manner." (3.04.00)
The proposed water reservoir serves as an expansion to the City's existing water service and will
assist in meeting the existing and growing demands of area residents.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
A section of the City's multi-use pathway is designated on the Master Pathways Plan along the
north side of the Ten Mile Creek on this site. Therefore, a 10 foot wide pathway is required to be
constructed in the location shown on the landscape plan upon the acquisition of a pathway
easement on the property at the southeast corner of the site.
"Improve and protect creeks (Five Mile, Eight Mile, Nin Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas."
(S.O1.OlE)
The site plan depicts a temporary silt fence along the east and south boundaries of the site to keep
sediment in place during the construction process and protect the water quality of the Ten Mile
Creek as required by the Environment Protection Agency (EPA).
"Identify waterways, wetlands, and other natural resources for preservation." (S.O1.OlA &
5.09.O1B)
The site plan depicts a wetland boundary and future wetlands impact zone along the north side of
the Ten Mile Creek on the site. This area is required to be preserved and protected.
• "Assess and provide new water sources." (5.08.02B)
The proposed pump station and water reservoir wild provide a much needed water source in this
area of the City for existing and future residents.
• "Limit canal tiling and piping of ditches, creeks, and drains, where public safety issues are not of
concern." (S.O1.O1D)
In accord with UDC 11-3A-6, the Ten Mile Creek which lies along the south boundary of the site
is a natural waterway and is required to remain as a natural amenity and should not be piped or
otherwise covered.
The irrigation ditch along the east boundary of the site is also proposed to remain open as a
water amenity with native grasses planted along its bank. Staff does not feel there is a public
safety concern with leaving the ditch open as the area is fenced off frons the adjacent residential
subdivision and the ditch is only about a foot deep and is a tail water ditch so the volume of water
is very little.
Locust Grove Wa[er Reservoir #2 AZ-12-013; CUP-12-017
PAGE4
EXHIBIT A
Far the reasons stated above, staff is of the opinion that the proposed applications are consistent with
the MDR designation and is consistent with the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the properly for
public infrastructure is a conditional use in the R-4 zoning district. There are no specific use
standards that apply to the proposed use.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the
standards listed in UDC Table 11-2A-5 for the R-4 zoning district.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION & ZONING (AZ):
This site is comprised of 4 acres of land zoned RUT in Ada County. The applicant proposes to
annex the property with an R-4 zoning district consistent with the Comprehensive Plan Future
Land Use Map designation of MDR.
The City proposes to develop the site with a water reservoir. This use is classified in the UDC as
public infrastructure and requires conditional use approval in the R-4 zoning district.
A site plan has been submitted that shows how the site is proposed to develop (see Exhibit A).
CONDITIONAL USE PERMIT (CUP): The UDC (Table 11-2A-2) requires conditional use
approval of public infrastructure in an R-4 zoning district. The proposed public infrastructure
consists of an above ground water reservoir and an associated equipment storage building.
The water reservoir consists of a circular tank, 20 feet in height and 145 feet in diameter with a 2
million gallon storage capacity. The proposed height of the tank is much lower than the maximum
building height allowed in the R-4 district of 35-feet. The equipment storage building consisting
of approximately 3,360 square feet and will house a series of pumps, fans and equipment
necessary for the operation of the reservoir. Aback-up emergency generator will be located
between the structure and the reservoir and will run an average of 15 minutes per week as part of
its maintenance program. In the event of a power outage, the generator will provide power for the
operation of the facility.
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 5
EXHIBIT A
The applicant has worked extensively with surrounding neighbors on the location of the reservoir,
equipment structure, placement of landscape berms, trees, shrubs, and fencing to provide the
maximum buffer between the residents and the facility.
Access: Access to the site is shown on the proposed site plan via S. Locust Grove Road.
However, with development of the adjoining property to the north, Tradewinds Subdivision, a
cross-access/ingress/egress easement is required to be provided to the subject properly. Therefore,
the site will not have direct access via Locust Grove Road unless development of this site occurs
prior to Tradewinds Subdivision in which case temporary access will be taken via Locust Grove
Road. The temporary access would cease once access is available from the adjoining property to
the north. The permanent access via Tradewinds Subdivision will be paved.
Landscaping: A 25-foot wide street buffer is required to be provided along E. Victory Road, an
arterial street, in accord with the standards listed in UDC 11-3B-7C. A berm with dense
landscaping consisting of a mix of evergreen and deciduous trees and shrubs is proposed around
the water tank to visually buffer the proposed facility and to be consistent with adjacent
residences. At the closest point, the proposed water tank is approximately 100-feet away from the
closest residential property.
All landscaping on the site should be maintained in a healthy, growing condition at all times in
accord with UDC 11-3B-13.
Sidewalks: A minimum 5-foot wide detached sidewalk is required to be constructed along S.
Locust Grove Road in accord with UDC 11-3A-17 as shown on the site plan.
Multi-Use Pathway: The City's Master Pathways Plan designates a 10-foot wide multi-use
pathway (Ten Mile pathway) on this site along the northeast side of Ten Mile Creek.
At this time, there is an approximate 160-foot long gap between the existing multi-use pathway in
Tuscany Lakes Subdivision and the southeast boundary of this site. For this reason, Staff
recommends that construction of the pathway on this site be delayed until the City is able to
obtain an easement for the extension of the pathway on the adjacent property.
The future pathway shall be constructed on the site in accord with the standards listed in UDC 1 ]-
3A-8 and UDC 11-3B-12.
Waterways: The Ten Mile Creek runs along the southern boundary and an irrigation ditch runs
along the east boundary of the site. Because the Ten Mile Creek is a natural waterway, it should
remain open as a natural amenity and shall not be piped. The irrigation ditch is also proposed to
remain open and be improved as a water amenity. As a water amenity, the bank of the ditch shall
be no steeper than 1 foot vertical per every 4 feet horizontally; and has a depth and velocity in all
places adjacent to and located on the site such that the product of the mazimurn depth (feet)
multiplied by the peak velocity (feet per second) does not exceed 4, per UDC 11-IA-1.
Fencing: A 6-foot tall wrought iron fence is depicted on the site plan around the perimeter of the
site inside the two waterways for security purposes.
A temporary silt fence is depicted on the site plan along the east and south perimeter boundaries
to keep sediment in place during the construction process and protect the water quality of the Ten
Mile Creek as required by the Environment Protection Agency (EPA). All fencing constructed on
the site shall comply with the standards listed in UDC 11-3A-7.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance and Design Review application prior to issuance of building permits. The
layout of the site and design of the structure shall be generally consistent with the site plan and
building elevations submitted with this application and shall comply with the design standards
Locust Grove Water Reservoir #2 AZ-12-013; CUI'-12-017
PAGE 6
EXHIBIT A
listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Staff recommends approval of the proposed AZ and CUP applications with the comments and
conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan (dated: 2 12/3/12) REVISED
3. Landscape Plan (dated: ~2 12/3/12) REVISED
4. Ground Reservoir #2 & Booster Pump Station Proposed Sections
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6, Ada County Highway District
7. Parks Department
C. Annexation Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Locus[ Grove Water Reservoir#2 AZ-]2-013; CUP-12-017
PAGE 7
EXHIBIT A
Exhibit A1: Vicinity Map
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 8
EXHIBIT A
Exhibit A.2: Site Plan (dated: ~$F2~F1-2 12/3/12) REVISED
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 9
EXHIBIT A
Exhibit A.3: Landscape Plan (dated: 2 12/3/12) REVISED
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Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 10
EXHIBIT A
Exhibit A.4: Ground Reservoir #2 & Booster Pump Station Proposed Sections
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§OUTH SEOTION
"T'u
CITY OF MERIDUVi
GROUND RESFAVOIR p2
/~'"~.°= ANO BOOSTER PUMP STPTION
PROPOSED SECTIONS
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 11
EXHIBIT A
Exhibit B: Agency Comments
On November 15, 2012, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, and Republic Services. Staff has included all comments and recommended
actions below.
1. PLANNING DEPARTMENT
CONDITIONAL USE PERMIT
1.1 Site Specific Conditions of Approval
1.1.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.1.2 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.1.3 Prior to issuance of issuance of Certificate of Zoning Compliance, the applicant shall submit a
public pedestrian easement for the future multi-use pathway for approval by City Council and
subsequent recordation.
1.1.4 A 10-foot wide multi-use pathway is required to be constructed along the north side of the Ten
Mile Creek as shown on the site plan attached in Exhibit A. Construction of the pathway shall
take place once the City has acquired an easement on the property at the southeast corner of the
site for connection to the existing pathway in Tuscany Lakes Subdivision.
1.1.5 The applicant shall design and construct the future multi-use pathway along the north side of the
Ten Mile Creek consistent with the location and specifications (Chapter 3) set forth in the
Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director.
1.1.6 The future pathway along the Ten Mile Creek shall be illuminated with afoot-foot tall bollard
style or similar lighting source in accord with UDC 11-3A-SH, unless otherwise waived by the
Director. Such lighting shall be shielded from adjoining residences.
1.1.7 A Certificate of Zoning Compliance and Design Review application is required to be submitted to
the Planning Division of the Community Development Department and approved prior to
issuance of building permits for the site.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11-3A-7A7 and 11-3B-12C respectively.
1.2.5 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.6 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
Locust Grove Water Reservoir #2 A~12-013; CUP-12-017
PAGE 12
EXHIBIT A
1.2.9 Construct al] off-street parking areas consistent with the standards as set forth in UDC 11-3B-SI,
11-3B-gC, and Chapter 3 Article C.
1.2.10 Construct the required street landscape buffer along S. Locust Grove Road consistent with the
standards as set forth in UDC 11-3B-7C.
1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
].2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.14 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.15 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.16 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.2.17 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The coriilitional use may only be transferred or modified consistent with the provisions as set
forth in UDC 11-SB-6G. The applicant shall contact Planning Department staff regarding any
proposed modification and/or transfer of ownership.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 Landscaping on the site shall be maintained in a healthy, growing condition at all times in accord
with the standards listed in UDC 11-3B-13.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-SB-6F4.
1.4.3 Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the
multi-use pathway along the Ten Mile Creek to the City for approval by City Council and
subsequent recordation.
1.4.4 At such time that the multi-use pathway along the Ten Mile Creek connects from one major street
to another and is greater than one-half mile long, the applicant may petition the City to assume
maintenance responsibilities.
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 13
EXHIBIT A
1.4.5 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application
and Design Review from the Planning Department, prior to submittal of building permit
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Water service to this site is being proposed via extension of mains currently existing in S. Locust
Grove Road.
2.2 All construction shall comply with the Meridian Flood Damage Prevention Ordinance MCC
Title 10, Chapter 6.
2.3 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.4 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.5 The City of Meridian requires that no trees are to be installed within 5 feet of water meters, fire
hydrants or valves this includes no planting over the top of water, irrigation mains or services.
3. FIRE DEPARTMENT
3.1 The gate(s) into the site shall be a minimum of 20-feet in width and shall swing or slide. The gate
shall be equipped with a knox box lock with a key pad.
3.2 One hydrant shall be provided on the site.
4. POLICE DEPARTMENT
4.1 The applicant shall coordinate with the Police Department on security measures for the site.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
(. PARKS DEPARTMENT
6.1 Construct a 10-foot wide multi-use pathway as shown on the site plan along the north side of the
Ten Mile Creek in accord with the Meridian Pathways Master Plan. Construction of the pathway
shall take place once the City has acquired an easement on the property at the southeast corner of
the site for connection to the existing pathway in Tuscany Lakes Subdivision.
6.2 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11-3A-7A7 and 11-3B-12C respectively.
6.3 The applicant shall design and construct the multi-use pathways consistent with the location and
specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved
by the Parks and Recreation Director:
6.4 Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the multi-
use pathway to the Planning Division for approval by City Council and subsequent recordation.
7. ADA COUNTY HIGHWAY DISTRICT
ACRD has no site specific conditions of approval for this application; however, the applicant shall be
required to submit for impact fee review and assessment. The applicant shall be required to meet all
of the ACRD Standard Conditions of Approval as well as all ACHD Policies and requirements that
may apply.
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE l4
EXHIBIT A
Exhibit C: Annexation Legal Description & Exhibit Map
BdUIYDARY DESC13IF7'IdN
ROitTHE
CITYOFMEtuDIe4N
A parcel located in the NW Y. cf the NW Y of Section 29. Tawnsldp 3 Nardi, Rmtge 1 F.tnt,
soise Meridian, Ada County. Idaho, more per8cularly dascrlbed u follows:
t7ummencing at a 518 inch diattuter iron pin msakie8 tlca seuthttrestarly trorna of the NW '!« of
said Seotlon 29, from which a 518 inch diameter iron pin marlung the rtorthweatarly comer of
said NW ~ of tl1eNW'/~ bears N 0°14'19" E a distance of2645.59 tbet;
Thence N 0° I4' 19" $ alatB the westerly boundary of said NW !k a distance of 1193,59 feat to
the FAINT OF IiGOINNCNQ;
Thence con0nuiay, N 0°14' 19" E a distance of 1bU.30 feet to a point;
Thenw teaviag said westerly boundary S 89°34'3l" E a dlatanco of 59$.42 fed to a 5/8 inch
diamder iron pin;
'Chatce S q°l4'22" W a distance off 4.56 feet to a S!8 inch diameter iron pin;
Thettoe S 18°d l'22" W a dlstmtce of477.83 feet to a point„
Thence N Sb°06'39" W a distance of 543.56 feet ro the POINT dF BBCiINN1N4.
This parcel contain 4A0 scree and is aubjoct m any easements existing or in uee.
Prepared by: Oletm K. Bennetf,l'I.S
Civil Survey Consultants, Incorposnted
October 31,2012
REV A ROVAL
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MERIDIAN PU13L1O
WORKS pEF7-
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 15
EXHIBIT A
A SURVEY FOR TIIE CITY OF .VERIDL4N LOCATED I1V TH6 NW I/4 OF Tf~' NW 1/f OF $BC/7pN .89,
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Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE 16
EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to R-4 is generally consistent with
the future land use map designations of MDR. Please see the applicable provisions of the
Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed rnap amendment to the R-4 zoning district and the
subsequent development of public infrastructure on the site is generally consistent with the
purpose statement of the residential district in that it will provide services for area residents.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council fords that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council fords annexing this property with an R-4 zoning district is in the best
interest of the City as the proposed development will expand service capabilities for area
residents in this area of the City.
2. Conditional Use Permit (UDC 11-SB-6E)
The Council shall base its determination on the Conditional Use Permit request upon the
following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that the subject property is lu'ge enough to accommodate the
proposed use as discussed in Section IX of the staff report. The proposed site plan does meet
the dimensional standards of the R-4 district.
Locust Grove Water Reservoir #2 AZ-12-013; CUP-12-017
PAGE I7
EXHIBIT A
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan future land use map designation of MDR for this site.
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.
The City Council finds that the proposed design, construction, operation & maintenance of
the facility will be compatible with other uses in the general neighborhood and with the
existing and intended character of the 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.
The City Council finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
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, and sewer.
The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
available to the subject property. Please refer to any comments prepared by the Meridian Fire
Department, Police Department, Parks Department, Sanitary Services Corporation and
ACRD. Based on comments from other agencies and departments, the City Council finds that
the proposed use will be served adequately by all of the public facilities and services listed
above.
£ That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
City Council finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
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.
The City Council finds the proposed use will not be detrimental to any persons, property or
the general welfare of the area.
h. 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.
The City Council finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the City Council finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.