HomeMy WebLinkAboutRedfeather Estates Subdivision No. 2 PP-03-024
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR REDFEATHER
ESTATES SUBDIVISION NO.2 FOR
302 BUILDING LOTS AND 28
OTHER LOTS ON 90.29 ACRES
LOCATED ON THE SOUTH SIDE
OF USTICK ROAD, Yo MILE WEST
OF CLOVERDALE ROAD, AND
THE EAST SIDE OF EAGLE
ROAD/SH 55, ~ MILE SOUTH OF
USTICK, MERIDIAN, IDAHO
BY: PACKARD ESTATES
DEVELOPMENT, LLC,
APPLICANT
C/C 03/02/04
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Case No. PP-03-024
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 March 2, 2004, and Anna Powell Planning Director for the Planning and Zoning Department,
Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills,
Kenny Bowers and Susan Cole, appeared and testified, and the City Council having received a
report from Brad Hawkins-Clark Planner III and Craig Hood Planner II 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024)
10f17
Planning and Zoning Commission and the "REDFEATHER ESTATES SUBDIVISION NO.2,
SECTION 4, T.3N., R.lE., B.M., ADA COUNTY, IDAHO, REVISED PRELIMINARY PLAT,
SHEET 1 OF 2, R-PRE, DWG.DATE 01120/04 bkb, PRO!. NO. 3022, /3022-PRE.DWG,
WILLIAM E. AND MELVINA ANN GRANT and ARCHIE R. WOOD - OWNERS OF
RECORD, PACKARD ESTATES DEVELOPMENT, LLC -DEVELOPER, BECKY McKAY
- PLANNER/CONTACT, (Received by the City of Meridian via facsimile dated FEB 04 04)",
Packard Estates 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
I.
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
derIDed 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-4 is before the Council, and
requires connection to the Municipal Water and Sewer System. [Meridian City Code §
11-7-2 C]
2.
The preliminary plat is in conformance with the Amended
Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2 / (pP-O3-024)
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The Applicant has submitted a revised preliminary plat, planned development plan, and
landscape plan. A new ACHD staff memo, by Christy Richardson, was also submitted
to the City, clarifYing the gate at the south end of Duane Drive.
3.
It is determined that Urban Services can be made available to
accommodate the proposed development ifthe plat complies with the requirements and
conditions hereinafter set forth as conditions of preliminary plat approval. The
developer will be financing the extension of sewer, water, local street infrastructure,
utilities and irrigation services to the project.
4.
The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and ifthe conditions, which are
requested by the Planning and Zoning Administrator and the Engineering Technician ill,
and as proposed by the developer as stated on the revised preliminary plat, there will be
public financial capability of supporting services for the proposed development. The
developer will be financing the extension of sewer, water, local street infrastructure,
utilities and irrigation services to the project.
5.
It is found that the City and its related serves are capable of servicing the
proposed development. The development will not require major expenditures for
providing supporting services. The Fire Department provided a list of conditions, and
the developer shall be required to comply with all the department's conditions.
6.
The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have been
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-O3-024)
3 of17
no specifics of any such concerns brought to the Council's attention. ACHD considers
road safety issues in their analysis; no hazardous natural features have been identified on
the site.
7.
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.
8.
The applicant has submitted for consideration of this approval the
preliminary plat as follows: "RED FEATHER ESTATES SUBDIVISION NO.2,
SECTION 4, T.3N., RIE., B.M., ADA COUNTY, IDAHO, REVISED PRELIMINARY
PLAT, SHEET 1 OF 2, R-PRE, DWG.DATE 01/20/04 bkb, PRO!. NO. 3022, /3022-
PRE.DWG, WILLIAM E. AND MELVINA ANN GRANT and ARCHIE R WOOD-
OWNERS OF RECORD, PACKARD ESTATES DEVELOPMENT, LLC-
DEVELOPER, BECKY McKAY - PLANNER/CONTACT, (Received by the City of
Meridian via facsimile dated FEB 04 04)".
9.
The City Council recognizes the concerns ofthe following individuals:
- Sherry and Harvey Hoff (letter dated 9/12/03)
- J.P. Rolison (letter dated 9/1/03)
- Charles and Josephine Altman (letter dated 9/3/03)
- Fitzroy A. and Virginia Belcher (letter dated 9/4/03)
- Hal and Michelle Broadhead (letter dated 9/3/03)
- Gerald J. and Cathy L. Reeves (letter dated 9/3/03)
- J.R Nishioka (letter dated 9/1/03)
- Wilbur K. and Barbara A. Braddick (letter dated 9/8/03)
- Dan and Darlene Thompson
- Robert C. Sanders (letter dated 9/10/03)
- Howard and Karen Jeffties (letter dated 9/11/03)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-O3-O24)
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Sue Piva (letter dated 12/4/03)
- Michael Tyvand (letter dated 12/4/03)
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
"REDFEATHER ESTATES SUBDIVISION NO.2, SECTION 4, T.3N., R.IE., B.M., ADA
COUNTY, IDAHO, REVISED PRELIMINARY PLAT, SHEET 1 OF 2, R-PRE, DWG.DATE
01120/04 bkb, PROI. NO. 3022, /3022-PRE.DWG, WILLIAM E. AND MELVINA ANN
GRANT and ARCHIE R. WOOD - OWNERS OF RECORD, PACKARD ESTATES
DEVELOPMENT, LLC - DEVELOPER, BECKY McKAY - PLANNER/CONTACT,
(Received by the City of Meridian via facsimile dated FEB 0404)", Packard Estates
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:
1. Applicant has agreed and the Council recommends the fence along the west
property line be a vinyl fence.
2. Applicant shall work with Clover Meadows Subdivision to include a
pedestrian pathway that would access E. Tahiti Street and Clover Meadows Subdivision,
if the two parties can provide a location for the pathway lot.
3. The Applicant shall work with ACHD to clarify their condition regarding the
Duane Drive gate. The Council recommends it be usable as a pedestrian access and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-O3-024)
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emergency vehicle access and that the only people able to ask for removal of the gate be
the Perkins-Brown Homeowner's Association and the City of Meridian, specifically the
Meridian Fire Department.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. All conditions of the accompanying AnnexationlRezone and Conditional Use Permit
applications shall also be considered conditions of the Preliminary Plat.
2. The applicant will be required to construct the South Slough Sanitary Sewer Trunk
line and lateral sewer mains to provide service to this development. No service lines
will be allowed in the off-site segments. Applicant will also be required to construct
a temporary all weather 14-foot wide gravel access road over any undeveloped
segments within this project, until such time as the public street is improved. At
ultimate build-out, the sewer and water mains shall be located within the improved
public right-of-way.
3. The applicant shall be required to extend water mains to and through the proposed
development. Water service to the subdivision shall be from existing mains in
Ustick Road and ftom Eagle Road.
4. Dedicate Ustick Road right-of-way in accordance with ACHD's requirements and
provide a 35-foot wide landscape buffer along Ustick Road in accordance with
MCC and outside of the ultimate right-of-way. Any future right-of way shall be
located on a separate common lot. The required street buffers along Ustick Road
shall include 35' oflandscaping and maybe measured from the future back of curb,
since detached sidewalks are required. If the right-of-way ends at the back of curb,
the width of the landscape buffer common lot shall be at least 30' wide to provide a
full 35' oflandscaping exclusive of the sidewalk width. (Revised to 35' buffer per
City Council action at their March 2, 2004 meeting.)
5. In accordance with MCC 12-13-10-8, the applicant shall construct detached
sidewalks adjacent to Ustick Road. The minimum width of the parkway area
between the future curb and sidewalk shall be five (5) feet. In any parkway areas less
than ten (10) feet wide, tree plantings within the parkways will be restricted to either
Class I or Class II trees.
6. Extend Granger Street and Palm Street into the site as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-O3-024)
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7. A detailed fencing plan shall be submitted upon application of the [mal plat. A 6-
foot solid fence shall be required around the perimeter of the subdivision unless the
City agrees in writing that such a fence is not required. The fence along the west
boundary (adjacent to Perkins-Brown Subdivision) shall be vinyl. All fences shall
taper down to 3 feet maximum within 20 feet of all right-of-way. Micropath fencing
shall be shown per Ordinance 12-13-15-9. The applicant should address intended
fencing design at the public hearings.
8. The preliminary landscape plan prepared by Harvest Design and dated 2-13-04
(received 2-17-04) is approved as submitted, with the following modifications:
(Revised the Landscape Plan date to 2-13-04 and received 2-17-04 per City Council
action at their March 2, 2004 meeting.)
B.
C.
A.
All fencing adjacent to the open space lot (Lot 12, Block 25) and
adjacent to the South Slough multi-use pathway shall be open vision or,
if sight obscuring, a maximum of four feet in height. (Revised the Lot
and Block per City Council action at their March 2,2004 meeting.)
The micropath shown on Lot 1, Block 14 (Sheet LS-4) must be located a
minimum of five feet from any sight obscuring fencing. (Revised the
Bock per City Council action at their March 2, 2004 meeting.)
There is a common lot on N. Chatterton Way, Sheet LS-I, that is not
shown with any landscaping. This area shall be planted in accordance
with MCC 12-13-16.
'The stFeet trees ShOWR OR Sheet LS 2 aaà LS 3 (eR N. GreRaèier ¡'fay)
are proposed ','lith attaeheà siàewalks. Ho'.vever, the N. Ckeaadier W¡¡.y
street seefioR shoWfi OR Sheet 2 sf the preliæiflllI)' plat shews àetaeheè
sià6'NalkS. The apfllieant mast eB5æ'e the la.nàseape plea &Hà the plat
esRstrnetioR llrawiRgs refleet the same àesig¡¡ &Hà should elarify this at
the CommissioR heariag. (Deleted the entire C. and added the new C.
language per City Council action at their March 2, 2004 meeting.)
9. Submit a copy of the encroachment agreement with the Nampa & Meridian
Irrigation District (NMID) for the Milks Lateral prior to the pre-construction
meeting for those specific phases of the subdivision.
10. The applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Nampa & Meridian Irrigation
District. 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. Applicant shall be required to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-O3-024)
7 ofl7
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 Meridian City Engineer.
11. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year storm events, and for
a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3:1. The project engineer should pay close attention to the results offield
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 aminirnum of3-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.
12. As proposed, the micropath alignment and construction on Lot 20, Block 7 shall
preserve the existing tree located at the terminus ofW. Briarwood Dr. All pathways
within the proposed subdivision shall be designed in accordance with MCC 12-13-
15 "Micropath Landscaping". (Revised the Lot and Block per City Council action at
their March 2, 2004 meeting.)
13. Upon anyre-development of Lot 1, Block 7, the existing stub street within Dawson
Meadows Subdivision shall be extended to provide interconnectivity between Red
Feather Estates No.2 and Dawson Meadows. (Revised the Block per City Council
action at their March 2, 2004 meeting.)
11. Prior to the æal plat SIlhmittal of Phase I (er vlhieà&ver fuåffe pHase Lot 1, Bloek
12 falls Y/itlùll), the IIpfllieaat shall pro-Alie Plæmiag & Zoning staff '.v-ith 8H
!lflfJFØ'/eà sketeR of ROW Lot 1, Bloak 12 may he Fe àø'/elofleà iH the futlll'e. Saià
skateR BROHM iHehlàe hew the aeeeBS to Lot I, Bleak 12 -;fill heproviàeà iHtemal1y
(off ef the DawsoH Meaàews stub street eJ<tension~ and flet from Gronger Street iH
the futlll'e. (Deleted per action of the City Council at their March 2, 2004 meeting,
as the Applicant has already complied.)
15. The existing right-of-way adjacent to the west property line within Block 14 must be
vacated and the vacation approved by the City of Meridian and ACHD prior to the
final plat being submitted for any lots impacted by the right-of-way easement.
(Revised the Block per City Council action at their March 2,2004 meeting.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-O3-024)
8 ofl7
16. A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the South Slough pedestrian pathway prior to the first building permit
being issued for the applicable phase (shown as Phase 6 on the preliminary plat).
The easement shall be sufficient width to cover the pathway, as required by the
Parks & Recreation Department. The 10-foot wide hard surfaced pathway shall be
constructed and fully improved prior to the issuance. of the first Certificate of
Occupancy for any building within this phase. Additionally, a note shall be added to
the face of the final plat indicating the City of Meridian is responsible for the
maintenance of the pathway surface located within the easement. The note shall also
indicate who will be responsible for landscaping maintenance within the easement.
17. Deter all construction traffic from Duane Drive, as no construction traffic should
utilize Duane Drive.
18. The two micropaths on the north and south sides of Lot 3, Block 24 shall be
increased from 10 feet wide to 15 feet wide. (Added this condition per action of the
City Council taken at their March 2, 2004 meeting.)
19. The applicant shall revise the preliminary plat to reflect condition #18 and to show
phasing lines. Submit 3 copies ofthe revised preliminary plat to the City Clerk prior
to the first final plat submittal within the subdivision. (Added this condition per
action of the City Council taken at their March 2, 2004 meeting.)
STANDARD CONDITIONS (PRELIMINARY PLAT)
1. Submit a copy of the Ada County Street Name Committee's [mal approval letter for
the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. 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 [mal plat(s).
4. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-O3-024)
9 ofl7
5. A detailed landscape plan for the common areas, including pathways and types of
construction, shall be submitted for review and approval with the submittal of the
final plat applications. The plan must include sizes and species of trees, shrubs,
bermingiswale details, and all proposed ground cover/treatment. A letter of credit or
cash surety in the amount of 11 0% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat.
6. All irrigation ditches, laterals or canals, exclnsive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per MCC 12-4-13. The ditches to be piped should be shown on the site plans. Plans
will need to be approved by the appropriate irrigation/drainage district, or lateral
users association, with written conflITllation of said approval submitted to the Public
Works Department.
7. Any existing domestic wells and/or septic systems within this project will have to be
removed ftom their domestic serviceperMCC 9-1-4 and 9-4-8. Wells maybe used
for non-domestic purposes such as landscape irrigation.
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 removed.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. 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 irrigation.
11. 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.
C.
Adopt the Recommendations of ACHD as follows:
1. The Board of Commissioners authorizes the expenditure of available collected
impact fees for the purchase of right-of-way dedicated by the applicant, with the
applicant constructing a sidewalk as described below. However, if funds cannot
be secured, the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby
the applicant is reimbursed ftom impact fees to be collected solely from
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-03-024)
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the applicant's specific development project) an additional 23- feet of
right-of-way along Ustick Road, and construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 23-feet from
the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located a minimum of 23-feet
ftom 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 Ustick 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 the main entrance, North Grenadier Way, to intersect Ustick Road
approximately 370-feet east of the west property line, as proposed. This roadway
shall align with an existing roadway that is located on the north side of Us tick
Road.
3. Construct North Grenadier Way and East Granger Street as residential collectors,
but believes that these roadways should be constructed as 36-foot street sections
with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot
attached concrete sidewalk).
4. Construct the remainder of the internal roadways as 36-foot street sections with
rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed.
5. Extend Granger Street from the east property line approximately 640-feet north
of the south property line, as proposed.
6. Extend East Palm Street ftom the east property line approximately 440-feet north
of the south property line, as proposed.
7. Install swinging gate* at the connection of Duane Drive* and Palm Street for the
present time. Construct a pedestrianlbicycle pathway that connects the
improvements on Duane Drive (south of the gate) to the 24-feet bfpavement that
exists (north of the gate).
*Duane Drive shall be a public street connection. Also, a public hearing would
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEA THER ESTATES SUBDIVISION NO.2 / (pP-03-024)
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have to be held by the Commission if there was a request for the gate to be
removed. Anyone can make the request to remove the gate, which would include
members of the public, service providers, agencies, etc. (Per Christy
Richardson's letter to Anna Powell- Planning and Zoning Director, stamped:
RECEIVED FEB 042004 City of Meridian City Clerk Office.)
8. Construct a stub street (East PaIm Street) to the west property line approximately
500-feet north of the south property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
9. Construct a stub street tot eh south property line approximately 900-feet east of
the west property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
1 O. Construct a stub street to the 5-acre out parcel that is located at the south property
line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
11. Construct a stub street to the north property line approximately 100-feet west of
the east property line, as proposed. Install a sign at the terminus ofthe roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
12. Construct a pedestrian path (rather than a stub street) that will connect this
subdivision with Briarwood Subdivision, as proposed.
13. Before a building permit is issued for lot 242, install the center turn lane on
Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the
warrants are met prior to the District's reconstruction of Cloverdale Road.
14. Coordinate the timing and the design of the right-turn radii on Ustick Road into
the site at both Duane Drive and Grenadier Way with the District's Traffic
Services Staff.
15. Construct an island/median within the public right-of-way of North Grenadier
Way (near the intersection of Us tick Road), as proposed. Provide a minimum of
a 21-foot street section on either side of any proposed center islands within the
turnarounds. Construct the island/median to be a minimum of 4-feet wide to total
a minimum of a 100-square foot area. Any proposed landscape islands/medians
within the public right-of-way dedicated by this plat shall be owned and
maintained by a homeowners association.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO.2 f (pP-03-O24)
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16. Construct five cul-de-sac turnarounds without center islands within the
subdivision, as proposed. Provide a minimum turning radius of 45-feet.
17. Construct chokers on the north side of Palm Street at the intersection of Duane
Drive to provide for a reduced street section.
18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve
the existing right-of-way within the proposed development (a portion of Granger
Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east
property line).
19. Deter all construction traffic Duane Drive, as no construction traffic should
utilize Duane Drive.
20. Other than the access point that has been specifically approved with this
application, direct lot access to Ustick Road is prohibited.
21. Comply with all Standard Conditions of Approval.
D. Adopt the Meridian Fire Department Recommendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be placed
an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
which will be submitted to the Public Works Department. All curbing in front of fire
hydrants shall be painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-O3-024)
130f17
6. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
7. 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. The cost of this
installation is to be borne by the developer.
8. k is FeEJ:Ðested that Daane Dr. he e6ßf1eeteà ...lith full width ~tFeet to ]3Feviàe
seeomlary aeeess fer the ]3f&jeet. The public street connection will be made to Duane
Drive. However, the access will be restricted by a gate. The gate will allow for
emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the
design of the gate with ACHD and the Meridian Fire Department. (Per action of the
City Council meeting of March 2, 2004.)
E.
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. The pump station at Dawson Meadows, that this project will hook up to,
needs to be enlarged in order to meet the demand that will be put on it.
2. Applicant shall apply for a land use change/site application.
F.
Adopt the Recommendations ofthe Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality.
3.
Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swa1e 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 2/ (pP-O3-024)
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G.
and design a stormwater management system that prevents groundwater and
surface water degradation.
Adopt the action of the City Council taken at their March 2, 2004 meeting as
follows:
For clarification:
1.
Duane Drive shall be a public street connection. Also, a public hearing
would have to be held by the Commission if there was a request for the
gate to be removed. Anyone can make the request to remove the gate,
which would include members of the public, service providers, agencies,
etc. (Per Christy Richardson's ofletter to Anna Powell- Planning and
Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian
City Clerk Office.)
Additionally, the Commission, upon a public hearing, would then have to
address the Duane Drive standards, width, sidewalks, and who would
bear the expense for said improvements.
At no point in time shall construction traffic, or extra vehicles, except the
present existing surrounding homeowners, be allowed to use Duane Drive,
and the existing fence, which is now in place, shall remain in place until
such time as the gate can be constructed.
2.
Since the most western portion of the property is to be made a part of this
annexation which is to be rezoned to C-G, a Development Agreement shall
be entered into between the City of Meridian and the owners of the property
to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E.
Schrarnmeck Trust) that would restrict development of future uses for this
area. The Development Agreement also cites the appropriate Comprehensive
Plan policies (from Chapter VI and VII) as applicable to these properties.
3.
Pertaining to the dispute over the boundary lines on Granger between the
Applicant and Jim and Irma Mittleider, the Applicant resolved this situation
by positioning the right-of-way further north to compensate for what the
Mittleider's believe to be their property. The Applicant shall also work with
the Mittleiders to work out the piping of ditches. Additionally, the
Applicant stated on public record that they would be willing to meet with the
Mittleiders to go over the development plan, and to discuss any issues they
may have.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-O3-024)
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4.
The revised Landscape Plan shows the increase landscape buffer along
Ustick Road to be 35 feet, which meets the entryway corridor policy of
the City.
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 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 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~the City Council at its regular meeting held on the ! ']../-Ir..
day of /7 ,2004.
.
ROLLCALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-03-024)
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COUNCILMAN CHARLIE ROUNTREE
VOTED*
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
~
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REDFEATHER ESTATES SUBDIVISION NO. 21 (pP-03-O24)
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