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HomeMy WebLinkAboutJaydan Village Subdivision PP-04-002 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR JAYDAN VILLAGE SUBDIVISION FOR 73 RESIDENTIAL LOTS AND 8 COMMON LOTS IN A PROPOSED R-8 ZONE LOCATED ON THE SOUTH SIDE OF USTICK ROAD, APPROXIMATELY % MILE WEST OF BLACK CAT ROAD, MERIDIAN, IDAHO BY: PACKARD ESTATES DEVELOPMENT, LLC APPLICANT C/C OS/25/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-04-002 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 May 25, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, Kent Brown, Kathleen Denny and Brad Watson, appeared and testified, and the City Council having received a report ITom Steve Siddoway for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part ofthe record of this matter the recommendation to City Council of the Planning and Zoning Commission and the preliminary plat being "PRELIMlNARY PLAT FOR JA YDAN VILLAGE SUBDIVISION, LOCATED IN THE NE \Ií OF SECTION 4 T. 3 N., R. I W., B.M. MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 12/01103 KDH, DWG NO. 30401, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JAYDAN VILLAGE SUBDIVISION / (PP-04-002) Page 1 of16 REVISION: 01109/04 BY: KDH, REVISION: 02/11104 BY: KDH, REVISION: 02/19/04 BY: KDH, REVISION 03/23/04 BY: KDH, REVISION: OS/20/04 BY: KDH, SHEET: I OF I PREPLAT 30401 - PRE(2). DWG, PACKARD ESTATES DEVELOPMENT, LLC- OWNER/DEVLOPER, BRIGGS ENGINEERING, lNC. - PLANNER, HANDWRITTEN DATE: 5/20/04, STAMPED: MAY 202004, STAMPED: RECEIVED MAY 212004 CITY OF MERIDIAN CITY CLERK OFFICE", 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 tOhe following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, InITastructure 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 ofR-8 is harmonious with and in accordance with the effective Comprehensive Plan and Generalized Land Use Map. A revised plat was submitted by the applicant to address issues raised in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION I (pP-04-002) Page 2 of16 the original staff report. The revised plat, which is approved, has a Handwritten Date: 5/20/04, Stamped: MAY 20 2004, Stamped: Received MAY 21 2004 CITY OF MERIDIAN CITY CLERK OFFICE. 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 of preliminary plat approval. 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 ITom existing main lines to and through the proposed development, thereby making them available to the adjacent properties. The major concerns of the Police Department, Fir Department, and ACHD have been addressed in the revised plat. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and 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 inITastructure, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. 5. It is found that the development will not require major expenditures for providing supporting services. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION / (pP-04-002) Page 3 of16 environmental problems associated with this subdivision. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR JA YDAN VILLAGE SUBDIVISION, LOCATED IN THE NE % OF SECTION 4 T. 3 N., R. 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 12/01103 KDH, DWG NO. 30401, REVISION: 01109/04 BY: KDH, REVISION: 02/11104 BY: KDH, REVISION: 02/19/04 BY: KDH, REVISION 03/23/04 BY: KDH, REVISION: OS/20/04 BY: KDH, SHEET: I OF I PREPLAT 30401 - PRE(2). DWG, PACKARD ESTATES DEVELOPMENT, LLC- OWNER/DEVLOPER, BRIGGS ENGlNEERING, INC. - PLANNER, HANDWRITTEN DATE: 5/20/04, STAMPED: MAY 20 2004, STAMPED: RECENED MAY 21 2004 CITY OF MERIDIAN CITY CLERK OFFICE". 8. There are significant existing trees that affect the consideration of this application. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the preliminary plat "PRELlMlNARY PLAT FOR JA YDAN VILLAGE SUBDIVISION, LOCATED IN THE NE \4 OF SECTION 4 T. 3 N., R. I W., B.M. MERIDIAN, ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION / (PP-04-002) Page 4 ofI6 COUNTY, IDAHO, DWG DATE: 12/01103 KDH, DWG NO. 30401, REVISION: 01/09/04 BY: KDH, REVISION: 02/11104 BY: KDH, REVISION: 02/19/04 BY: KDH, REVISION 03/23/04 BY: KDH, REVISION: OS/20/04 BY: KDH, SHEET: I OF 1 PREPLAT 30401 - PRE(2). DWG, PACKARD ESTATES DEVELOPMENT, LLC - OWNER/DEVLOPER, BRIGGS ENGlNEERING, lNC. - PLANNER, HANDWRITTEN DATE: 5/20/04, STAMPED: MAY 20 2004, STAMPED: RECEIVED MAY 21 2004 CITY OF MERIDIAN CITY CLERK OFFICE", Packard Estates Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are 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: SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions of the Preliminary Plat. 2. Build the proposed islands/medians shown as Lot 1 Block 5 and Lot I Block 7 as shown on the revised plat so that the islands are centered on a side lot line of an adjacent property, instead oflocated squarely in ITont of a lot. 3. The common lots adjacent to North Christian A venue near the entrance to the subdivision shall be constructed at least 15 feet wide. 4. The landscape plan shall be modified per the following: a. b. Modify the landscape plan to reflect the revised plat layout. Show the existing trees to be removed or retained, their sizes, and any required mitigation. Also state any protection measures to be used during construction. The landscape plan depicts the edge of landscaping at the edge of the common lot along Ustick Road. Since the widening of Us tick is not in ACHD's Five Year Work Program, per Ordinance 12-13- 10-9, modify the landscape plan to show a 10-foot gravel shoulder c. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION / (pP-04-002) Page 5 ofl6 9. d. adjacent to the existing edge of pavement and the remainder shall be landscaped with at least grass. No stormwater swales are currently depicted on the plan. Add contours and landscaping for any anticipated stormwater swales. 5. Sanitary sewer service to this site shall be via main line extensions ITom the existing mains adjacent to the property in Tricia's Subdivision. Minimum depth of cover over the sanitary sewer mains shall be 3-feet per City of Meridian Specifications. 6. Domestic water service to this site shall be via main line extensions ITom the existing mains adjacent to the property. 7. 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. 8. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa & Meridian Irrigation District, although this project is within the Settler's Irrigation District. If this scenario doesn't work out, the applicant will be required to install an independent system that would be owned and operated by the Settler's Irrigation District, or they shall retain the system under their private ownership and maintenance. 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 year-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, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDMSION / (pP-04-002) Page 6 of16 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. In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached sidewalks adjacent to U stick Road. Applicant shall also provide 5- foot attached or 4-foot detached sidewalks internally. 11. Please revise the preliminary plat to show all existing and proposed irrigation/drainage easements. In their letter of March 5, 2004 letter, the Settler's Irrigation District expressed their concern over the existing Johnson Lateral#65 which traverses the property. 12. The applicant shall be responsible for payment of and the actual physical sanitary sewer and domestic water connection for the existing house. 13. The applicant shall choose prior to the City Council hearing, whether or not (A) to establish two common lots for the future right of way to be deeded to ACHD, or (B) deed the right of way now to ACHD for no compensation. GENERAL COMMENTS-PRELIMINARY PLAT 2. 3. 4. 5. 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. 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. Any pathways or micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION / (PP-04-002) Page 7 of16 10. 11. 12. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 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 ITom the Public Works Department prior commencing installations. 8. All irrigation 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/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. Iflateral 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. The original study report dated 12/5/03 indicates that groundwater may be a factor. All drainage areas (detention/retention basins) 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: I. 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. Any tree over 4" in caliper that is removed. ITom 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. Developer shall coordinate mailbox locations with the Meridian Post Office. Any existing domestic wells and/or septic systems within this project will have to be removed ITom their domestic service per City Ordinance Section FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION I (pP-04-002) Page80fl6 B. 13. 14. 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. 2. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITom 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 41-feet ITom 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. Construct North Christian Avenue to intersect Ustick Road approximately 170-feet east ofthe west property, as proposed. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and attached 5- foot concrete sidewalks on both sides of the roadway, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION / (pP-04-002) Page 9 ofl6 2. 3. 4. Extend West Fairbrough Drive ITom the east property line approximately 450-feet north ofthe south property line, as proposed. 5. Construct a stub street (West Elisha Street) to the west property line approximately 100- feet north of the south property line, as proposed. Install a sign at the terminus of the roadway that states, "this road will be extended in the future". 6. Construct a stub street (West Rozy Street) to the west property line approximately 190-feet south of Us tick Road, as proposed. Install a sign at the terminus of the roadway that states, "this road will be extended in the future". 7. Construct two knuckles without a center island within the subdivision, as proposed. 8. Construct an island/median within North Jaydan Avenue and North Christian Avenue. Construct the island a minimum of 4-feet wide to total a minimum of a 100-square foot and provide a minimum of a 2 I-foot street section on either side of any proposed center island. The island shall be owned and maintained by a homeowners association. 9. Other than the access point that has specifically approved with this application, direct lot access to Ustick Road is prohibited. Notes ofthis access restriction shall be placed on the final plat. 10. 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. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION I (pP-04-002) Page 10 of16 11. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or otherrequired 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 DIGLlNE (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 ITom the Ada County Highway District. Any change by the applicant in the planned use ofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JAYDAN VILLAGE SUBDIVISION / (pP-04-002) Page 11 of16 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. c. Adopt the Recommendations ofthe Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: I. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Sky Pilot and Kaylinda Drains course through the proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. 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. 5. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION / (pP-04-002) Page 12 of16 E. F. 2. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Johnson Lateral #65. This lateral currently delivers irrigation water to a portion of this property. SID needs to maintain this water delivery regardless of who will operate and maintain the pressure irrigation system. 2. A land use change application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any SID facilities. 4. any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to allots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior the pre-construction meeting. Adopt the Recommendations of the Meridian Fire Department as follows: I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4114" 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JA YDAN VILLAGE SUBDIVISION / (pP-O4-002) Page 13 of16 G. H. 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'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. Adopt the Recommendations of the Parks Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. Adopt the action of the City Council taken at their May 25,2004 meeting as follows: For clarification: I. Pertaining to the Ustick Road future right-of-way, the applicant is intending to show future right-of-way by placing it in a common lot that will be held by the Homeowners Association until such time as the Ada County Highway District would need to purchase that right-of-way. A sidewalk would be constructed on the back edge of the future right-of- way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT JAYDAN VILLAGE SUBDIVISION / (pP-04-002) Page 14 of16 2. The revised plat with a handwritten date: 5/20/04, and stamped: MAY 20 2004, and stamped: RECEIVED MAY 21 2004 CITY OF MERIDIAN CITY CLERK OFFICE, is hereby approved. 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 ofthis 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 [31-1- day of c-T~ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~~ VOTED ~"-- VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMlNARY PLAT JA YDAN VILLAGE SUBDIVISION / (pP-04-002) Page 15 of16 COUNCILMAN KEITH BIRD VOTED ~fÅ-. VOTED MAYOR TAMMY de WEERD (TIE BREAKER) Attest: Dated: LHK;04- Z:\Work\M\MeridianlMeridian IS360MlJaydan Village Subdivision AZ-Q4-1JO3 PP-1J4-002 CUP-O4-004\FfCIsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELWINARY PLAT JA YDAN VILLAGE SUBDMSION I (pP-04-002) Page 16 of16