HomeMy WebLinkAboutRoseleaf Subdivision PPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04/06/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR ROSELEAF
SUBDIVISION FOR 98 BUILDABLE
LOTS AND 7 COMMON/OTHER
LOTS ON 24.45 ACRES IN AN R-8
ZONE, LOCATED ON THE WEST
SIDE OF LOCUST GROVE ROAD,
APPROXIMATELY'/< MILE
SOUTH OF VICTORY ROAD,
TOWNSHIP 3 NORTH, RANGE 1
EAST, SECTION 30, MERIDIAN,
IDAHO
BY: CENTENNIAL
DEVELOPMENT,LLC,
APPLICANT
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 Apri16, 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 from Brad
Hawkins-Clerk for the Planning and Zoning Department, and Bruce Freckleton, Engineering
Technician III, 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 CONDTITONAL APPROVAL OF PRELIl~III~1'ARY PLAT
ROSELEAF SUBDNISION / (PP-04-001)
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SUBDNISION, LOCATED IN THE NE %4 OF SEC. 30, TOWNSHIP 3 N., RANGE 1 E., B.M.,
ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT ROSELEAF SUBDNISION
CENTENNIAL DEVELOPMENT, SHEET PP-1, 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-O1-04 EXISTING
HOUSE ACCESS/COMMON DRNE, 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
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, Infrastructure 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 applicafion is in substantial compliance with the
adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density,
4.00 du/acre (gross), is in compliance with the land use classification, medium density
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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residential, noted on the map. It is believed an additional stub street should be provided
somewhere in the northwest comer of the 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 aze 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 aze no health, safety or environmental problems associated with
the proposed development.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat "PRELIMINARY PLAT FOR ROSELEAF SUBDIVISION, LOCATED IN
THE NE'/a OF SEC. 30, TOWNSHIP 3 N., RANGE 1 E., B.M., ADA COUNTY, IDAHO 2004,
PRELIIvIINARY PLAT ROSELEAF SUBDIVISION CENTENNIAL DEVELOPMENT,
SHEET PP-1, DRAWN BY: RLC, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO.
C23059, DATE: O1-12-04, REVISED: NO. 1. DATE: 03-02-04 DESCRII'TION:
ISLANDS/ENTRANCE/STUB STREET, N0.2. 04-O1-04 EXISTING HOUSE
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDNISION / (PP-04-001)
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ACCESS/COMMON DRIVE, STAMPED: APR- 2 2004 CITY OF MERIDIAN CITY CLERK
OFFICE, BAILEY ENGINEERING, INC."
8. The City Council recognizes the letter of concern from 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
The Preliminary Plat of the applicant as evidenced by having submitted the
preliminary plat "PRELIMINARY PLAT FOR ROSELEAF SUBDIVISION, LOCATED IN
THE NE %4 OF SEC. 30, TOWNSHII' 3 N., RANGE 1 E., B.M., ADA COUNTY, IDAHO
2004, PRELIMINARY PLAT ROSELEAF SUBDIVISION CENTENNIAL DEVELOPMENT,
SHEET PP-l, DRAWN BY: RLC, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO.
C23059, DATE: O1-12-04, REVISED: NO. 1. DATE: 03-02-04 DESCRIPTION:
ISLANDS/ENTRANCE/STUB STREET, N0.2. 04-O1-04 EXISTING HOUSE
ACCESS/COMMON DRIVE, STAMPED: APR- 2 2004 CITY OF MERIDIAN CITY CLERK
OFFICE, BAILEY ENGINEERING, 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 CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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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 Condifion 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 1 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 Farm 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 PLATT
Provide a new, 15-foot wide micropath lot with a minimum 5-foot wide sidewalk
from 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-I5, Block 3 and shall
connect with the proposed 5-foot pathway in Lot 1, 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 15-foot wide micropath lot. No gate, bollards or other obstruction is perrnitted.
(Per action of the City Council taken at their Apri16, 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
ACRD policy, both existing driveways for Lot 5, Block 1 on Locust Grove Road
shall be closed. The sidewalk and perimeter fence shall be extended along the full
Locust Grove Road frontage of Lot 5, Block 1 to the north property line of the
subdivision. A building permit for a new, detached garage on Lot 5, Block 1 and the
conversion ofthe existing garage to living space is supported by Staff. (Per action of
the City Council taken at their Apri16, 2004 meeting.)
3. Per Ordinance 12-13-15-9, six-foot "open vision" or four-foot solid fencing is
required around the perimeter of Lot 1, Block 3 and Lot 10, Block 5. Submit a
revised fencing plan with the fmal 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 CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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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 from any vehiculaz 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 free of"wet
ponds" or other such nuisances. All stormwater detention .facilities incorporated
into the required open space aze subject to C+rdinance 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 for review. The initial study indicates that shallow groundwater maybe
a factor. All drainage areas (detention/retentionhasins) must be designed to ensure
that water will percolate or discharge within a period of time not to exceed 24 hours
for all storms up to and including a 100-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 determining 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 1-foot above
groundwater.
9. Sanitary sewer service to this site shall be via main line extensions from an existing
main installed adjacent to the property. The applicant will be responsible to
construct sewer mains to and through 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 from mains
installed adjacent to the property. The applicant will be responsible to construct
water mains to and through 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 CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDNISION / (PP-04-001)
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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 year-round pressurized irrigation
must be provided to all lots within this development. The City of Meridian requires
that pressurized irrigation systems be supplied by ayear-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, asingle-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 subrnit 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 of the plat
STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
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 / (PP-04-001)
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5. A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance, shall be submitted for the subdivision with the final plat
application.
6. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
7. Two-hundred-fifty and 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 fire 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 from the Public Works
Department prior commencing installations.
8. Any tree over 4" in caliper that is removed from 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 will have to be
removed from 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 imgation.
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 fmish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
C. Adopt the Recommendations of ACRD as follows:
1. The applicant shall do one of the following regarding Locust Grove Road:
a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet)
ofright-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 from 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 CONDTI'IONAL APPROVAL OF PRELIAI~IINARY PLAT
ROSELEAF SUBDNISION / (PP-04-001)
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wide concrete sidewalk along Locust Grove Road, located a minimum of 28-
feet from the centerline of the right-of--way, in an easement provided to the
District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Locust Grove Road,'located at the back edge
of the existing right-of--way. Accomplish all necessary adjustments to
properly accommodate existing drainage and utilities.
2. Construct all of the internal streets as 36-foot street sections within 50-feet
ofright-of--way with 5-foot concrete sidewalks.
Provide a minimum clear distance of 21-feet (measured back-of--curb to
back-of--curb) on both sides of any landscape islands.
4. Provide 64-feet ofright-of--way for Claymont Street to accommodate the
landscape island.
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 12-feet wide) to total a minimum of a 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 15-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 from Tuscany Village Subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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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".
11. Constmct 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 temuntis of the 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 frontages abutting
the site shall be home 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, Constmction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELID~IINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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6. The applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE
(1-800-342-1585) at least two full business days prior to breaking ground
within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest advises the
Highway District of its intent to change the planned use of the subject
property unless awaiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
One and two family dwellings will require afire-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 CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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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 %" 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 fire 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
azound.
5. All entrance and internal roads shall have a turning radius of 28' inside and
48' outside.
6. Insure that all yet undeveloped pazcels are maintained free of combustible
vegetation.
7. Operational fire hydrants and temporary or permanent sheet 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 offofthe
center line ofthe 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 Standazds 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 pazking only on one side.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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11. Fire lanes and streets shall have a vertical cleazance 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 Crroup in February of 2000 our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year
2010.
13. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended
to enhance 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 aze located within 1.5 miles from a given location and
sufficient operational funds to staff the facilities.
14. 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.
E. 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 fiom 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 dischazge 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 CONDTITONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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F. Adopt the Recommendations of Nampa 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.
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:
Previously Lots 16 through 19 of Block 3 created residences that would be
isolated from their surrounding neighbors. Such areas have ari increased
crime potential. The applicant has worked with the Police Chief and/or
Planning Staff to revise the plat/site 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.)
H. Adopt the Recommendations of the Sanitary Services Company as follows:
1. In accordance with MCC 4-1-11.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 Apri16, 2004 meeting as follows:
For Clarification:
The lot on which the existing house sits will now take access from the
interior of the subdivision. The existing house currently encroaches
within the landscape buffer area due to its location, so what is presently
the front yard will become the back yard and will be fenced appropriately
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDNISION / (PP-04-001)
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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 asix-foot cedar fence, and the frontages
will have asix-foot vinyl fence on Locust Grove with afour-foot vinyl
fence around the parks and open space.
3. The rear common area shall provide afive-foot-wide paved pathway.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 fmal decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
Please take notice that this is a fmal action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has
an interest in real property which maybe adversely affected by 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 acti of the City Council at its regular meeting held on the
day of i'2- ,2004.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROSELEAF SUBDIVISION / (PP-04-001)
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ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED__u~
COUNCILMAN CHARLIE ROUNTREE VOTED~k~
COUNCILMAN KEITH BIRD .VOTED C_/ti
MAYOR TAMMY de WEERD VOTED U
(TIE BREAKER)
Mayor T Weer
Attest:
William G. Berg, 7r., Ci(~ Clerk
Copy served upon Applicant, The
Deparhnent and City Attorney.
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City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELINIINARY PLAT
ROSELEAF SUBDMSION / (PP-04-0O1)
16 of 16
Public Works
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