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HomeMy WebLinkAboutRoseleaf Subdivision PP-04-001 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR ROSELEAF SUBDIVISION FOR 98 BUILDABLE LOTS AND 7 COMMONIOTHER LOTS ON 24. 45 ACRES IN AN R-8 ZONE, LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD, APPROXIMA TEL Y Y. MILE SOUTH OF VICTORY ROAD, TOWNSHIP 3 NORTH, RANGE 1 EAST, SECTION 30, MERIDIAN, IDAHO BY: CENTENNIAL DEVELOPMENT, LLC, APPLICANT CIC 04/06/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-04-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on April 6, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, and Kevin Amar, appeared and testified, and the City Council having received a report ftom Brad Hawkins-Clerk for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the preliminary plat "PRELIMINARY PLAT FOR ROSELEAF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDIVISION I (pP-O4-00I) Iof16 SUBDNISION, LOCATED IN THE NE Y. OF SEC. 30, TOWNSHIP 3 N., RANGE I E., B.M., ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT ROSELEAF SUBDNISION CENTENNIAL DEVELOPMENT, SHEET PP-I, DRAWN BY: RLC, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23059, DATE: 01-12-04, REVISED: NO.1. DATE: 03-02- 04 DESCRIPTION: ISLANDS/ENTRANCE/STUB STREET, NO.2. 04-01-04 EXISTING HOUSE ACCESS/COMMON DRIVE, STAMPED: APR- 2 2004 CITY OF MERIDIAN CITY CLERK OFFICE, BAILEY ENGINEERING, INC.", Centennial Development, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Inftastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 2. It is found that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 4.00 dulacre (gross), is in compliance with the land use classification, medium density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDIVISION I (pP-O4-00I) 2 of16 residential, noted on the map. It is believed an additional stub street should be provided somewhere in the northwest corner ofthe project to improve access to the future neighborhood center as well as improve connectivity to Tuscany Village Subdivision. 3. It is found that public services are available to accommodate the proposed development. 4. It is found that the subdivision will not require the expenditure of capital improvement funds. 5. The Meridian Fire and Police Departments submitted comments and conditions, as well as ACHD, for this project and said conditions are listed herein below in number 2 in the Decision and Order. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth, and there are no health, safety or environmental problems associated with the proposed development. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat "PRELIMINARY PLAT FOR ROSELEAF SUBDIVISION, LOCATED IN THE NE Y. OF SEC. 30, TOWNSHIP 3 N., RANGE 1 E., B.M., ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT ROSELEAF SUBDIVISION CENTENNIAL DEVELOPMENT, SHEET PP-I, DRAWN BY: RLC, CHECKED BY: DAVID A. BAILEY P .E., PROJECT NO. C23059, DATE: 01-12-04, REVISED: NO.1. DATE: 03-02-04 DESCRIPTION: ISLANDSIENTRANCE/STUB STREET, NO.2. 04-01-04 EXISTING HOUSE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDMSION I (pP-O4-00I) 3 of16 ACCESS/COMMON DRNE, STAMPED: APR- 2 2004 CITY OF MERIDIAN CITY CLERK OFFICE, BAILEY ENGINEERJNG, INC.". 8. The City Council recognizes the letter of concern ftom Wendel Bigham, Joint School District No.2, expressed in his letter dated February 4, 2004. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the preliminary plat "PRELIMINARY PLAT FOR ROSELEAF SUBDIVISION, LOCATED IN THE NE Y. OF SEC. 30, TOWNSHIP 3 N., RANGE I E., B.M., ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT ROSELEAF SUBDIVISION CENTENNIAL DEVELOPMENT, SHEET PP-I, DRAWN BY: RLC, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23059, DATE: 01-12-04, REVISED: NO.1. DATE: 03-02-04 DESCRIPTION: ISLANDSIENTRANCE/STUB STREET, NO.2. 04-01-04 EXISTING HOUSE ACCESS/COMMON DRNE, STAMPED: APR- 2 2004 CITY OF MERIDIAN CITY CLERK OFFICE, BAILEY ENGINEERJNG, INC.", Centennial Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDMSION I (pP-O4-00I) 4 of16 1. The Preliminary Plat, revised 03-02-04 (received by the City Clerk 03-04-04), is recommended for approval. All lot and block number references in the staff report should reflect the revised plat. 2. Modify Site Specific Condition of Approval #3 (of original staff report) to add a new sentence which reads as follows: "The Planning & Zoning Commission supports a building permit for a new, detached garage on Lot 5, Block I and the conversion of the existing garage to living space." 3. Add a new Site Specific Condition of Approval which reads as follows: "A reference to the Right to Fann Act shall be shown on the face of the plat." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. Provide a new, IS-foot wide micropath lot with a minimum 5-foot wide sidewalk ftom the common lot (Lot 1, Block 3) to the south. Said sidewalk shall be located in general alignment with the common driveway for Lots 12-15, Block 3 and shall connect with the proposed 5-foot pathway in Lot I, Block 3. Fencing adjacent to said micropath shall comply with MCC 12-13-15-9. To provide for improved, non- vehicular access, there shall be a permanent opening in the fence at the north end of the IS-foot wide micropath lot. No gate, bollards or other obstruction is permitted. (per action of the City Council taken at their April 6, 2004 meeting.) 2. The preliminary plat has been amended to show Lot 5, Block 1 taking its public street access internal to the development (i.e. Roseleaf Street). In accordance with ACHD policy, both existing driveways for Lot 5, Block 1 on Locust Grove Road shall be closed. The sidewalk and perin3eter fence shall be extended along the full Locust Grove Road ftontage of Lot 5, Block I to the north property line of the subdivision. A building permit for anew, detached garage on Lot 5, Block 1 and the conversion of the existing garage to living space is supported by Staff. (per action of the City Council taken at their April 6, 2004 meeting.) 3. Per Ordinance 12-13-15-9, six-foot "open vision" or four-foot solid fencing is required around the perin3eter of Lot 1, Block 3 and Lot 10, Block 5. Submit a revised fencing plan with the final plat. The developer shall construct the fence prior to release of any Certificate of Occupancy within the respective phases. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDMSION I (pP-O4-001) 5 of16 4. The three (3) common driveways in Blocks 2, 3 and 4 shall be designed in accordance with MCC 12-4-14, Common Drive Design Standards. Any portion of the flag lots for Lots 16 - 19, Block 3 that is beyond the 24-foot wide driveway surface shall be landscaped. 5. Lots 15 and 20, Block 3 shall be prohibited ftom any vehicular access to the common driveway serving Lots 16 -19, Block 3. 6. The fencing on the common east-west lot lines between Lots 16 and 17 and between Lots 18 and 19 shall also be restricted to six-foot "open vision" or four-foot solid. 7. All areas being counted toward the 5% open space requirement shall be tree of"wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 8. Please submit all up-to-date groundwater monitoring data to the Public Works Department forreview. The initial study indicates that shallow groundwater maybe a factor. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a IOO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3- feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 9. Sanitary sewer service to this site shall be via main line extensions ftom an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and ilirough this proposed development, (to the ends of the stub streets Spicewood and Claire). Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. Domestic water service to this site shall be via main line extensions ftom mains installed adjacent to the property. The applicant will be responsible to construct water mains to and ilirough this proposed development, (to the ends of the stub streets Spicewood and Claire). Subdivision designer to coordinate main sizing and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIM:INARY PLAT ROSELEAF SUBDIVISION I (pP-O4-00I) 6 of16 routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 12. Applicant shall submit 10 copies of revised plat and landscape plans prior to the next public hearing on this application. The revised landscape plan shall include that portion of the flag lots in Block 3 which is beyond the driveway surface width. 13. A reference to the Right to Farm Act shall be shown on the face ofthe plat. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC II-I2-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Please submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDIVISION I (pP-O4-001) 7 of16 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the fmal plat application. 6. Coordinate fire hydrant placernent with the City of Meridian Public Works Department. 7. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fITe hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ftom the Public Works Department prior commencing installations. 8. Any tree over 4" in caliper that is removed ftom the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 9. Any existing domestic wells and/or septic systems within this project willhave to be removed ftom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum ofthree feet above the highest established normal groundwater elevation. C. Adopt the Recommendations of ACHD as follows: 1. The applicant shall do one of the following regarding Locust Grove Road: a. Dedicate by donation a total of35-feet ftom centerline (an additionallO-feet) of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28- feet ftom the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDMSION I (pP-O4-00I) 8 of16 wide concrete sidewalk along Locust Grove Road, located a minimum of28- feet ftom the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct all of the internal streets as 36-foot street sections within 50-feet of right-of-way with 5-foot concrete sidewalks. 3. Provide a minimum clear distance of2I-feet (measured back-of-curb to back-of-curb) on both sides of any landscape islands. 4. Provide 64-feet of right-of-way for Claymont Street to accommodate the landscape island. 5. At a minimum the applicant shall construct one landscape island on Chatsworth Street located between Brigham Avenue and Bridekirk Avenue, and one landscape island on Roseleaf Street between Brigham Avenue and Bridekirk Avenue. The islands shall be constructed a minimum of 4-feet wide (maximum l2-feet wide) to total a minimum ofa 100-square foot area. Dedicate the additional right-of-way necessary to accommodate the landscape islands. 6. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes of this are required on the final plat. 7. Pave the existing north residential driveway (located approximately 25-feet south of the north property line) its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 8. Construct Claymont Street, the main entrance, to intersect Locust Grove Road approximately 285-feet south of the north property line (measured property line to centerline). 9. Construct Ascaino Avenue as a stub street connection to the north property line to connect to Tuscany Village Subdivision. Align Ascaino Avenue with the stub street ftom Tuscany Village Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDMSION I (pP-O4-00I) 9 of16 10. Construct Ascaino Avenue as a stub street to the south property line located approximately 670-feet (measured centerline to centerline) west of Locust Grove Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". II. Construct Chatsworth Street as a stub street to the west property line located approximately 130-feet (measured property line to centerline) north of the south property line. Install a sign at the terminus ofthe stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Other than the access that is specifically approved with this application, direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 13. Comply with all Standard Conditions of Approval. ACHD 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 ftontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (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 ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDIVISION I (pP-04-00I) 10 of16 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ftom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance 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 Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDMSION I (pP-04-00I) 110f16 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. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with rITe hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 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 an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained tree of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line of the street. 9. Building setbacks shall be per the Building Code for one and two story construction. 10. 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. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDIVISION I (pP-O4-00I) 12 of16 13. 14. E. 11. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 12. The proposed 98-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 284 residents at build out. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enl1ance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles ftom a given location and sufficient operational funds to staff the facilities. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval ftom 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDMSION I (pP-O4-001) 130f16 F. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the Recommendations of the Meridian Police Department as follows: I. Previously Lots 16 through 19 of Block 3 created residences that would be isolated ftom their surrounding neighbors. Such areas have an increased crime potential. The applicant has worked with the Police Chief and/or Planning Staffto revise theplatlsite plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. (per action of the City Council taken at their April 6,2004 meeting.) Adopt the Recommendations ofthe Sanitary Services Company as follows: H. 1. In accordance with MCC 4-l-I1.B.4, the trash receptacles for Lots 16-19, Block 3 shall be located no more than five (5) feet behind the Chatsworth Street sidewalk. SSC will not provide trash pick-up services utilizing the common driveway. The trash receptacle(s) shall not cause a nuisance and shall be enclosed. I. Adopt the action of the City Council taken at their April 6, 2004 meeting as follows: For Clarification: 1. The lot on which the existing house sits will now take access ftom the interior of the subdivision. The existing house currently encroaches within the landscape buffer area due to its location, so what is presently the ftont yard will become the back yard and will be fenced appropriately FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDIVISION I (pP-04-O0I) 14 of16 from the right-of-way. Since the existing house does not contain a garage, the applicant shall work with the Planning and Zoning Department to come up with a feasible location for placement of a garage for the existing house, and said garage shall meet the Planning and Zoning Department's approval. 2. The overall project shall have a six-foot cedar fence, and the ftontages will have a six-foot vinyl fence on Locust Grove with a four-foot vinyl fence around the parks and open space. 3. The rear common area shall provide a five-foot-wide paved pathway. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision 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~tJ?e City Council at its regular meeting held on the 2.. 7-f1...- day of 12... ,2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDIVISION I (pP-O4-00I) 15 of16 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED --þ COUNCILMAN BILL NARY VOTED---Þ' COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED* COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- ~~~ Attest: Dated: William G. Berg, Jr., Ci C rk ~ Copy served upon Applicant, The' Department and City Attorney. By:A~k~~~ City Clerk ' Z:\ WorkIMlMeridianlMeridian 15360M"Rose1eaf Sub AZ-O4-Q02 PP-Q4-00 11F1C1sOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROSELEAF SUBDNISION I (pP-04-O01) 16 of16 ._~!iOIIi"