HomeMy WebLinkAboutSheridan Place Subdivision PPI~;E(~E~VED
MAY 1 4 2004
City Of Meridian
interoffice city clerk office
MEMORANDUM
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Sheridan Place Subdivision
File: Revised PP-03-035
Date: May 12, 2004
Will:
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their May 4, 2004 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\Work~M\MeddianVNeridian 15360MVSheridan Place Sub AZr03-029 PP-03-035 CUP-D3-060\BergPrePlat MEMO OS 12 04.dac
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/04/04
IN THE MATTER OF THE,
__ _ REQUEST FOR PRELIMINARY
` PLAT FOR SHERIDAN PLACE
FOR 50 BUILDING
LOTS AND 15 OTHER LOTS ON
15.34 ACRES IN A PROPOSED R-8
ZONE LOCATED MERIDIAN,
IDAHO
Case No. PP-03-035
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: DOUG CAMPBELL
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on May 4, 2004, and Anna Powell Planning Director for the Planning and Zoning Department,
Becky McKay, and Norma J. Enlow, appeared and testified, and the City Council having
received a report from Steve Siddoway 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 preliminary plat being "SHERIDAN PLACE SUBDIVISION
PRELIMINARY PLAT LOCATED IN THE SW '/ OF SECTION 29, T.4 N., R.1 E., B.M.,
ADA COUNTY, IDAHO, DWG.DATE 08/06/03 bkb, PROJ. NO. 3046, SHEET 1 OF 1 PRE-1,
/3046-PRE.DWG, 04/23/2004, REVISIONS 10/14/03 BKB, 11/24/03 BKB, 12/18/03 BKB,
01/12/04 BKB, 04/19/04 BKB, STAMPED: RECEIVED APR 23 2004 CITY OF MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIVIINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035
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CITY CLERK OFFICE, JAMES FUHRMAN AND DIANE FUHRMAN -OWNERS OF
RECORD, DOUG CAMPBELL/COPPERTREE DEVELOPMENT, LLC -DEVELOPER,
BECKY McKAY - PLANNER/CONTACT", Doug Campbell, 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 tOhe 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. The preliminary plat is in conformance with the Amended Comprehensive Plan City
of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the requested zoning
designation of R-8 is harmonious with and in accordance with the effective Comprehensive Plan and
Generalized Land Use Map. The proposed single family residential project is shown as Medium
Density Residential (3 to 8 d.u./acre). The proposed density- 3.26 d.u./acre gross and 4.34 d.u./acre
net are within the range designed by the Comprehensive Plan. The Idaho Power substation site is
designated as Public/Quasi Public on the Future Lane Use Map and would be considered a "public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDNISION / (PP-03-035)
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service facilit}~' in the zoning schedule of use control, which is permitted with design review (PDR)
in the R-8 zone per Ordinance 11-8-1. Additional applicable policies from the Comprehensive Plan
are detailed on page two (item 7) of the applicants' letter regarding the annexation, and which letter
is on file in the Meridian City Clerk's office. The applicant's analysis is concurred by staff.
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set forth
as conditions ofpreliminary plat approval. It is found that the subject propertyto be annexed maybe
served adequately by all essential public facilities and services. Water and sanitary sewer service are
proposed to be extended from existing main lines adjacent to the proposed development. Review of
the Parks, Police, Fire Department comments, will provide further information regarding public
services.
The Public Works Department has determined that an additional water supply is needed in
this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south
of Chinden Blvd. Drilling of this test well is currently scheduled to be completed by June 1st,
however it should be pointed out that there are no guarantees that this well will prove out, or that
water rights protests won't be filed. The Public Works Department is concurrently working on an
alternative that would provide fire flow to the area via piping from a lower pressure zone. It is
confident that this issue can be resolved. However, it is recommended that City approval ofthe final
plat be withheld until such time that the supply issue is resolved.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated
on the preliminary plat, there will be public financial capability of supporting services for the
proposed development, as the developer will installing sewer, water, local street infrastructure,
utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds.
It is found that the subject property to be annexed may be served adequately by all essential public
facilities and services. Water and sanitary sewer service are proposed to be extended from existing
main lines adjacent to the proposed development. Review of the Parks, Police, Fire Department
comments, will provide further information regarding public services.
The Public Works Department has determined that an additional water supply is needed in
this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south
of Chinden Blvd. Drilling of this test well is currently scheduled to be completed by June 15~
however it should be pointed out that there aze no guazantees that this well will prove out, or that
water rights protests won't be filed. The Public Works Department is concurrently working on an
alternative that would provide fire flow to the area via piping from a lower pressure zone. It is
confident that this issue can be resolved. However, it is recommended that City approval of the final
plat be withheld until such time that the supply issue is resolved.
The developer will finance the extension of sewer, water, utilities and pressurized irrigation
to serve the project. The primary public costs to serve the future residents will be fire and police
services, and the construction of a new municipal well in the vicinity. It is found that there will not
be excessive additional requirements at public cost and that the annexation and zoning will not be
detrimental to the community's economic welfare.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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5. It is found that the development will not require major expenditures for providing
supporting services. The Meridian Police and Fire Departments will be able to serve the
proposed development, per their conditions listed in paragraph 2 of the Decision and Order, and
as stated in paragraph 4 directly hereinabove. The development if built in accordance with the
conditions and as proposed, will not create health, safety or environmental problems and there
have been no specifics of any such concerns brought to the Council's attention.
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. It is found that there should not be any other health, safety or
environmental problems associated with this subdivision. ACHD considers road safety issues in
their analysis; no hazardous natural features have been identified on the site.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "SHERIDAN PLACE SUBDNISION PRELIMINARY
PLAT LOCATED IN THE SW '/ OF SECTION 29, T.4 N., R.1 E., B.M., ADA COUNTY,
IDAHO, DWG.DATE 08/06/03 bkb, PROJ. NO. 3046, SHEET 1 OF 1 PRE-1, /3046-
PRE.DWG, 04/23/2004, REVISIONS 10/14/03 BKB, 11/24/03 BKB, 12/18/03 BKB, 01/12/04
BKB, 04/19/04 BKB, STAMPED: RECEIVED APR 23 2004 CITY OF MERIDIAN CITY
CLERK OFFICE, JAMES FUHRMAN AND DIANE FUHRMAN -OWNERS OF RECORD,
DOUG CAMPBELL/COPPERTREE DEVELOPMENT, LLC -DEVELOPER, BECKY
McKAY - PLANNER/CONTACT".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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8. There are significant existing trees that affect the consideration of this
application.
DECISION AND ORDER
Pursuant to the Ciry 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 "SHERIDAN PLACE SUBDIVISION PRELIMINARY PLAT LOCATED IN
THE SW '/ OF SECTION 29, T.4 N., R.1 E., B.M., ADA COUNTY, IDAHO, DWG.DATE
08/06/03 bkb, PROJ. NO. 3046, SHEET 1 OF 1 PRE-1, /3046-PRE.DWG, 04/23/2004,
REVISIONS 10/14/03 BKB, 11/24/03 BKB, 12/18/03 BKB, 01/12/04 BKB, 04/19/04 BKB,
STAMPED: RECEIVED APR 23 2004 CITY OF MERIDIAN CITY CLERK OFFICE, JAMES
FUHRMAN AND DIANE FUHRMAN -OWNERS OF RECORD, DOUG
CAMPBELL/COPPERTREE DEVELOPMENT, LLC -DEVELOPER, BECKY McKAY -
PLANNER/CONTACT", Doug Campbell, Developer is hereby conditionally approved; and
2. The conditions of approval aze as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as modified by the P&Z Commission, as follows:
1. All conditions of the accompanying Conditional Use Permit application shall
also be considered conditions of the Preliminary Plat.
2. The plat shall be modified to accommodate a street buffer at least 35 feet wide.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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3. The landscape plan shall be modified per the following:
• Street buffers along McMillan shall be at least 35 feet wide.
• The sidewalks throughout the project do not connect to the curb at
intersections. The sidewalks shall be modified to connect to the curb at
all street intersections, with standazd handicap-accessible curb cuts per
ADA.
• Retain the existing trees along McMillan and meander the sidewalk
around the existing trees to preserve them.
• The landscape plan depicts grass up to the edge of pavement along
McMillan Road. Unless curb and gutter are being constructed along
McMillan, modify the plan to show a 10-foot gravel shoulder. The
remainder shall be landscaped with grass as shown.
• A stormwater seepage bed is proposed to be incorporated into the street
buffer, but no vegetative treatment is shown over it. The full buffer shall
be vegetated in accordance with the Landscape Ordinance.
• The three trees shown along McMillan east of Schubert are shown in the
right-of--way, not on private property. Either shift the trees onto the street
buffer lot, or verify that the location will not interfere with the ultimate
location of curb and gutter and obtain a license agreement with ACHD.
4. Sanitary sewer service to this subdivision shall be via an extension from an
existing mainline stub in the Vienna Woods Subdivision, which flows to an
existing temporary sewage lift station. The applicant will be responsible to
construct the sewer and water mains to and through this proposed development,
thereby making them available to adjacent properties. 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. Applicant will be responsible for payment of
applicable lift station upgrade costs, and latecomers fees to reimburse those
responsible for extending service into the area.
5. Municipal water to this site shall be via extensions from existing mains in N. Locust
Grove, N. Schubert Avenue, and E. Meadow Creek Drive. Applicant will be
responsible to construct the water mains to and through this proposed development,
thereby making them available to adjacent properties. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Applicant
shall execute City of Meridian standazd forms of easements, for any mains that aze
required to provide service. Applicant will be responsible forpayment of applicable
latecomers fees to reimburse those responsible for extending service into the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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City approval of the final plat shall be withheld until such time that the domestic
water supply issue is resolved.
6. The applicant shall meet with the City Arborist prior to submittal of the final plat
application and detail all mitigation requirements on the final plat landscape plan.
7. The Applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Sheridan Place HOA.
Underground year-round pressurized irrigation must be provided to all lots within
this development (MCC 12-5-2.N). The City of Meridian requires that pressurized
irrigation systems be supplied by a yeaz-round source of water (MCC 12-13-8.3).
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. A draft copy of the pressurized irrigation system O&M manual must be
submitted prior to development plan approval.
8. Staff recommends incorporating the gravity irrigation pipe that is shown in Lot 9,
Block 4, into Lot 8, Block 4, thereby eliminating the need for Lot 9, Block 4. Free
access to any control headgates located in the reaz yard of Lot 8 would have to be
guazanteed, and the type of pipe may need to be upgraded to provide a higher level
of protection from accidental dig-in by the lot owner. The side yard easement on
Lot 8 will need to be widened to provide space for the operation and maintenance of
this ditch facility. Staff believes that this is a better alternative than creating a
potential strip of weeds that goes nowhere.
9. A detailed fencing plan shall be submitted with the application for final 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. Applicant shall address
intended fencing design at the public hearings.
10. The applicant should consider changing the retention pond that is shown on the
north end of Block 3 to asub-surface drainage facility since it appears that ground
water levels won't be a problem on this site.
11. Revise note number 5 to provide 14-foot wide public utilities, drainage and
irrigation easements along the 50-foot wide street section, and the standard 10-foot
width on the 77-foot section. This extra width is necessary due to the sidewalk
encroachment into the lots by 4-feet.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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12. Where a sidewalk is located on an easement within a residential property, the
setbacks noted on the PD Site Plan, and those noted in the PD Application shall
reflect that front setbacks shall be measured from the back of sidewalk, not from the
property line.
13. In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached
sidewalks adjacent to McMillan Road. Applicant shall also provide 4-foot detached
sidewalks internally, as depicted on the preliminary plat and landscape plan with
connection to the curb at intersections, as noted above.
14. Submit ten copies of a revised plat and landscape plan in compliance with the
conditions of this report and the direction of the P&Z Commission at least 10 days
prior to the next hearing on this project.
15. Applicant shall work with the neighbor to the west for a satisfactory conclusion to
the fence and the ditch, which may include a noncombustible fence and/or piping the
ditch.
GENERAL COMMENTS-PRELIMINARY PLAT
1. Please submit 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.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
4. Any pathways or micropaths within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping".
5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be
submitted for the subdivision with the final plat application.
6. Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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7. 250 and 100-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. All imgation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainagedistrkt, or lateral users association (ditch owner's), with written
approval or non-approval submitted to the Public Works Department. If lateral
users association approval can't be obtained, plans will be reviewed and approved
by the meridian City Engineer prior to final plat signature.
9. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retentionhasins) must be
designed to ensure that water is retained only during 100-year storm events, and for
a period of time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or
other approved landscaping) shall not count towards the required open space area.
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.
10. 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 are removed.
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
10 of 17
13. 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.
14. Staffls failure to cite specific ordinance provisions or terms of the approved
annexation conditional use does not relieve the Applicant of responsibility for
compliance.
B. Adopt the Recommendations of ACHD as follows:
Dedicate 48-feet ofright-of--way from the centerline (or 38-feet ofright-of--way
from the centerline) of McMillan Road abutting the pazcel by means of a
warranty deed. The right-of--way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business days to
process the right-of--way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of--way dedicated which is
an addition to existing ACHD right-of--way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in
accordance with the ACHD Ordinance in effect at that time (currently Ordinance
#198), if funds are available.
2. If the applicant dedicates 48-feet ofright-of--way from the centerline, construct a
sidewalk located a minimum of 41-feet from centerline.
OR
If the applicant dedicates 38-feet ofright-of--way, construct a 5-foot concrete
meandering sidewalk located within the landscape buffer and provide the District
with an easement for the sidewalk.
3. Constnrct the main entrance, North Schubert Way, to intersect McMillan Road
approximately 180-feet west of the east property line, as proposed.
4. Extend North Schubert Avenue from the north property line, as proposed.
5. Extend East Meadow Creek Drive from the east property line, as proposed.
6. Extend Redwick Drive from the east property line into the site, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDNISION / (PP-03-035)
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7. Construct a stub street to the west property line approximately 650-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
8. Construct all of the internal roadways as 36-foot street sections with curb, gutter
and sidewalk within 50-feet ofright-of--way, as proposed.
9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the
east property line, as proposed.
10. Construct center islands/medians within the public right-of--way of Schubert
Way. Provide a minimum of a 20-foot street section on either side of any
proposed center island within the public roadway. Construct the medians to be a
minimum of 4-feet wide to total a minimum of a 100-square foot area.
11. Other than the access points that have specifically been approved with this
application, direct lot access to McMillan Road is prohibited. Notes of this
restriction shall be placed on the final plat.
12. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocafion costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any exisfing 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 of Idaho shall
prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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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.
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 ACRD 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 ACRD 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 a
waiver/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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. 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
2. 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 comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within
10'.
The phasing plan may require that ahy roadway Beater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a fuming radius of 28' inside and 48'
outside.
5. Provide a 20' wide Fire Lane for all roadways.
6. 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.
The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all fimes, 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.
8. The northern most island in North Shubert shall be reduced slightly so that the north
edge is no closer than ten-feet (10') to the extended curb line of East Roaring Creek
Drive.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
14 of 17
D. Adopt the Recommendations of the Meridian Police Department as follows:
The pedestrian access to the proposed tot lot/bazbeque azea is not well-defined. The
applicant shall submit a revised landscape plan that uses walkway paving materials
and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete
or similar crosswalk east of the intersection of N. Schubert Way and E. Roaring
Creek, crossing E. Roaring Creek Drive.
2. Maintain clear vision into the pedestrian path from the adjacent streets
3. Since there is only 20 feet between the medians in N. Schubert Way and the adjacent
curb, no parking will be allowed along Schubert from the entrance on McMillan
Road to E. Roaring Creek. Prior to issuance ofbuilding permits, the applicant shall
provide a pazking plan for the adjacent lots showing how additional guest pazking
will be accommodated for each lot. Sign the street as `No Parking' with 4 signs on
each side of the street. As an option, alternate compliance may be made by
narrowing the islands and providing bulb outs, so that the roadway width around the
islands is wide enough for emergency traffic (The applicant has opted for the latter
option and widened the driving surface.)
E. Adopt the Recommendations of the Pazks and Recreation Department as follows:
Pathway and Trail Standards: Pathway and Trail standards: The proposed
pathway and/or trail shall meet the standards as set forth in the August 2003
Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3,
sections B & C.
2. Standazd for Mitigation of trees: The standard established in the City of
Meridian Landscape C7dinance will be followed.
3. Standazd Plan for Protection of Existing Trees during Construction: The
standard established in the City of Meridian Landscape Ordinance will be
followed.
F. Adopt the action of the City Council taken at their May 4, 2004 meeting as follows:
For clarification:
1. The applicant has been able to negotiate with the adjacent neighbor, Mr.
Buckley, regazding the vacation of the easement along the western boundary
from McMillan Road up to the property line, so this issue has been resolved
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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between Mr. Buckley and the applicant by private arrangements.
2. The applicant shall submit a revised Landscape Plan that shows that the
portion of hot 9 Block 4 has now become a part of Lot 8 Block 4.
3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley
and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the
fences for resolution to those matters. Additionally, the applicant has been
working with the neighboring Home Owners Associafion presidents on their
issues related to the project.
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 maybe 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 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 action of the City Council at its regular meeting held on the
day of , 2004.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
Dated:
City Clerk's Office
Z:\Work\M\MeridianUvIaidian I5360bASheridan Place Sub AZ-03-029 PP-03-035 CUP-03-060\FtClsOrdPP.dce
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
SHERIDAN PLACE SUBDIVISION / (PP-03-035)
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