Loading...
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 _ 1 i t~ _. _ ~. .-, ~-~ ~~,-~. ,~.~. ~ ~ \ V '~_ A'>'" _ a ,~~„_ ~ r , ~ a s ,,~.. ~ ~ , r t , ., m ~ ~ ~ ~~,~. ~ I _ ~ ~ ~ "~ E ~ 1 „ - ~~ ~~ ~~ ~ ~ ~ ~~ ~~ I ~, - \ - ~ , ~ ` ~ ~ _. . i i ~~ ' i '~ a . ~ ~ e ~ ~ ~::~ -._ __~ ~. . a,M ~,.~., xi °w, 4 f~ ~ ~ ~ , ~ ,. wartav~.• ~t .-.... .. \' '~ i ,, ~ ~. . ' ~~ ~ti g ~ ~ \ \ G ~ ...~a~.... waar~a -..._... _w .. ... ~ ~.. xwase.._. ~c.,.~en _ aeaesr __ ~ ~ ua___ ¢~esx~_.._ ~~ _ . _ _ _ ~. ..xw__ _ __ - t ~... __ ~~ ~ ..... .. ~~-,.-- rasa... ess _-_ _ ____. ~ia~ ..__.. Y ~ ___ ..,.. o....A. ..a,.a ems. _ rea _. ~~ s~~~.,, ,..,,,,,,o,m,.,r w..~ 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 ~,.°..~~ §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 t3Y ~ Q ~ ~~~2 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, 74711'NSfD?' 9 NORTX, RANOE 1 EA.57; BOISE NERID ADA CO[/N77; /DA/!O. ~ /p O !` ~ ,RfJI' y ~j E e ~ A ? • ~ m a M as .ttNa •f fYN 9 M I(-0 LlY tll s •y 11N If ~{• 4 ~n • /rkM Ya'Ri ~7M b ~ • ~~~ vw ~ Ixs loot ~ ti CITY tlF M6R/DIAN x ~ yaa. 1.00 Al9[&S (many aemev aaI •~ ~ ~ ~~ ~ •• °~, • Amt ~1 ~ } sp9o KapN,N CV Mw•rxr • Xlnr x,r .llD Na4,Elp ° GltdxllFG Inwr- MoINF4 te! N \ ~ ~ w i 8 .2 S •c MI/,~r OOIMEY n ~ ~ , -1. Zti IoINIIII 6~~ `\ Sr ';^ i f C/Ofb BURidY C9ACffULTAM& 1NG 7aV C, euaumfnr SL .411 MO ~ n wl°.~&i'& amaoNK 2lNM sMQ (tN)OW-I,1I2 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.