HomeMy WebLinkAboutRock Creek Subdivision PP-04-005
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/01/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR ROCK CREEK
SUBDIVISION FOR 52 BUILDABLE
LOTS AND 1 COMMON/OTHER
LOTS ON 7.48 ACRES LOCATED
ON THE SOUTH SIDE OF PINE
AVENUE, APPROXIMATELY 1,200
FEET EAST OF LINDER ROAD,
WITHIN SECTION 12, TOWNSHIP
3 NORTH, RANGE 1 WEST,
MERIDIAN, IDAHO
Case No. PP-04-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: TREASURE VALLEY
DEVELOPMENT, APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on June I, 2004, and Steve Siddoway for the Planning and Zoning Department, Rod Ralphs,
Greg Embry, and Maxine Johnson, appeared and testified, and the City Council having received
a report from Brad Hawkins-Clark Principal City Planner 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 "PRELIMINARY PLAT FOR: ROCK
CREEK SUBDIVISION A PORTION OF THE NE ~ OF THE SW ~ OF SECTION 12, T.3N.,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION I (pP-04-005)
Pagelofl8
R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT, CLIENT:
JOHN SIECKERT, JOB NUMBER: SDOI6.001, CAD FILE: PRELIMINARY PLAT.dwg,
DESIGNED BY: NGC, DRAWN BY: SEK, CHECKED BY: JRL, DELIVERY DATE:
01/14/04, HANDWRITTEN DATE: 04-19-2004, REVISIONS: NO. 0 DATE 01/14/04 BY NGC
ISSUED FOR APPROVAL, NO. I DATE: 01/23/04 BY: NGC ADD FEMA FLOOD ZONE
"A", NO.2 DATE: 03/09/04 BY: NGC REVISED CROSSING OF DRAIN, NO.3 DATE:
04/15/04 BY: NGC REVISED LAYOUT-REMOVED 2 BUILDINGS, ROCKCREEK
SUBDIVISION MERIDIAN, IDAHO, TREASURE V ALLEY DEVELOPMENT -
DEVELOPER (OWNERSHIP HAS NOT TAKEN PLACE AS OF THE DATE OF THESE
FINDINGS), LEAVITT & ASSOCIATES ENGINEERS, INC.", Treasure Valley Development,
Developer, submitted for preliminary plat approval and which preliminary plat for approval
application is herein received and adjudged by the City Council pursuant to Meridian City Code
§ 12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1.
That the proposed development is in confonnance 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 L-O, however, an application for re-zoning to R -15 is before the
Council, and requires connection to the Municipal Water and Sewer System. [Meridian City
Code § 11-7-2 E]
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-04-005)
Page 2 ef18
2.
The preliminary plat is in confonnance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that public services
are readily available to the lots within the proposed subdivision. This site is currently designated
as "High Density Residential" on the 2002 Comprehensive Plan Future Land Use Map and zoned
L-O. The Applicant has requested modifications to the standard setbacks of the proposed R-15
zone. Staff finds that if the Commission and Council grant the Applicant the requested
modifications with the CUP/PD, and the Applicant complies with theconditions included in this
report, the uses, lot configuration and overall design of the subdivision would be in general
confonnance with the City of Meridian Comprehensive Plan.
3.
It is detennined that Urban Services can be made available to accommodate a
portion of the proposed development. The developer will be financing the extension of sewer,
water, utilities and irrigation services needed to serve the project. The primary public costs to
serve the future residents will be fire and police services. It is found that public services can be
made available to accommodate the proposed development.
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 improvements will be funded and constructed by the
developer. Because the developer is installing sewer, water, utilities and irrigation, for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELI!vIINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page3 of18
development at their cost, it is found that the subdivision will not conflict with the capital
improvement program.
5.
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. It is found that the development will not require
major expenditures for supporting services. It is found that the City and its related services are
capable of servicing the proposed development.
6.
The Applicant is proposing to leave the Nine Mile Drain open abutting the site.
The City has previously allowed this section of the Nine Mile Drain to remain open. It is found
that the Nine Mile Drain is a significant natural feature that should be protected through standard
stonnwater and run-off management practices. The Applicant has indicated that the property is
outside of the flood zone of Nine Mile Creek, with the exception of Zone "A" which is contained
in the creek channel. Staff is not aware of any other health, safety or environmental problems
associated with this subdivision. No environmental problems have been identified that may be
associated with the development of this 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 drawing of the
preliminary plat herein designated as "PRELIMINARY PLAT FOR: ROCK CREEK
SUBDMSION A PORTION OF THE NE \4 OF THE SW \4 OF SECTION 12, T.3N.,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 4 of18
RI W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PRELIMINARY PLAT,
CLIENT: JOHN SIECKERT, JOB NUMBER: SD0l6.001, CAD FILE: PRELIMINARY
PLAT.dwg, DESIGNED BY: NGC, DRAWN BY: SEK, CHECKED BY: JRL, DELIVERY
DATE: 01/14/04, HANDWRITTEN DATE: 04-19-2004, REVISIONS: NO. 0 DATE
01/14/04 BY NGC ISSUED FOR APPROVAL, NO. I DATE: 01/23/04 BY: NGC ADD
FEMA FLOOD ZONE "A", NO.2 DATE: 03/09/04 BY: NGC REVISED CROSSING OF
DRAIN, NO.3 DATE: 04/15/04 BY: NGC REVISED LAYOUT-REMOVED 2
BUILDINGS, ROCKCREEK SUBDIVISION MERIDIAN, IDAHO, TREASURE VALLEY
DEVELOPMENT - DEVELOPER (OWNERSHIP HAS NOT TAKEN PLACE AS OF THE
DATE OF THESE FINDINGS), LEAVITT & ASSOCIATES ENGINEERS, INC.".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The Preliminary Plat of the applicant as evidenced by having submitted the
Preliminary Plat "PRELIMINARY PLAT FOR: ROCK CREEK SUBDIVISION A PORTION
OF THE NE ~ OF THE SW ~ OF SECTION 12, T.3N., R.I W., B.M., MERIDIAN, ADA
COUNTY, IDAHO 2004, PRELIMINARY PLAT, CLIENT: JOHN SIECKERT, JOB
NUMBER: SDOI6.001, CAD FILE: PRELIMINARY PLAT.dwg, DESIGNED BY: NGC,
DRAWN BY: SEK, CHECKED BY: JRL, DELIVERY DATE: 01/14/04, HANDWRITTEN
DATE: 04-19-2004, REVISIONS: NO. 0 DATE 01/14/04 BY NGC ISSUED FOR
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-04-005)
Page50fl8
APPROVAL, NO. I DATE: 01/23/04 BY: NGC ADD FEMA FLOOD ZONE "A", NO.2
DATE: 03/09/04 BY: NGC REVISED CROSSING OF DRAIN, NO.3 DATE: 04/15/04 BY:
NGC REVISED LAYOUT-REMOVED 2 BUILDINGS, ROCKCREEK SUBDIVISION
MERIDIAN, IDAHO, TREASURE V ALLEY DEVELOPMENT - DEVELOPER
(OWNERSHIP HAS NOT TAKEN PLACE AS OF THE DATE OF THESE FINDINGS),
LEAVITT & ASSOCIATES ENGINEERS, INC.", Treasure Valley Development, Developer is
hereby conditionally approved; and
2.
A.
The conditions of approval are as follows to-wit:
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1.
All conditions of the Rock Creek Rezone (RZ-04-002) and CUP/PD (CUP-
04-006) applications shall also be considered conditions ofthe Preliminary
Plat (PP-04-005).
2.
The modified development standards, including reduced front, side and rear
setbacks, are approved as requested. Side setbacks shall be a minimum of5
feet to the property line (minimum 10 feet between pennanent structures).
Front setbacks shall be a minimum of 12 feet from the back of sidewalk.
Rear setbacks shall be a minimum of 12 feet for interior lots and a minimum
of 15 feet for perimeter lots.
3.
Provide a cross-access easement for all of the residential lots within the
subdivision to utilize the drive aisles (Lot I, Block I) as access to the public
street system.
4.
Provide a Fire Department and Planning & Zoning Department approved
secondary vehicular access to serve the lots south of the Nine Mile Drain
prior the issuance of the 12th four-plex building permit within the
subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-04-005)
Page 6 of18
5.
The preliminary landscape plan (Sheet Ll.O, dated 1/15/04 by Sterling
Landscape) is approved with the following changes:
6.
i.
A license agreement from Nampa Meridian Irrigation District for
the proposed landscaping within the easement for the Nine Mile
Drain and Rutledge Lateral may be required. If a license
agreement for the proposed landscaping can not be obtained for
required trees, any required trees shall be planted elsewhere
within the subdivision.
ii.
MCC 12-13-12-3 requires the 20-foot buffer between the
commercial/office uses and the four-plexes on Lots 9 and 10,
Block I be planted with a mix of evergreen and deciduous trees.
Revise the landscape plan to include evergreen trees in this
buffer between land uses.
iii.
Revise the plan to show an asphalt (not gravel) pathway on the
north side of the Nine Mile Drain.
iv.
If the Capital Pear trees are fruit-bearing, the proposed trees in
the commercial parking lot must be exchanged for another type
of species.
v.
Note #2.G. says all existing trees on the property are undesirable
species. The City Arborist shall confinn this prior to submittal of
detailed landscape plans with the final plat application.
A 6-foot, non-combustible fence shall be constructed as near top-of-bank as
permitted by NMID on both the north and south sides of the Nine Mile
Drain. A detailed fencing plan shall be submitted upon application of the
final plat (MCC 12-4-IO.F.3). If no permanent fencing is provided on the
perimeter of the subdivision, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building
pennit. All fencing shall be installed in accordance with MCC 12-4-10. If
the existing barb wire fencing on the east property line is located on the
subject property, it must be removed prior to the issuance of any building
permits within the subdivision.
The Applicant shall not be required to cover/tile the Ninemile Drain abutting
the site. In accordance with Meridian City Code, the Applicant should be
required to tile or cover any other irrigation ditches, laterals or canals that
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 7 of18
7.
12.
cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral
to be piped should be shown on plans, which shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confinnation of said approval submitted to the Public Works
Department. Iflateral users association approval can not be obtained, plans
will be reviewed and approved by the City Engineer prior to final plat
signature.
8.
Revise the plat to show a minimum 7-foot wide sidewalk adjacent to W.
Pine Ave. The sidewalk shall be constructed in accordance with ACHD
standards and policies.
9.
Revise the plat title block to reflect Note #9 that this is a resubdivision of a
portion of Lot 3 of West Lawn Subdivision.
10.
Revise the plat and landscape plan to show the 5-foot pathway on the north
side of the Ninemile Drain extending to the east property line.
11.
Underground year-round pressurized irrigation must be provided to all lots
within this development. The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water. If the
pressurized irrigation system within this development is to remain a private
association system, complete plans and specifications shall be reviewed by
the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system O&M manual
shall be submitted prior to plan approval. The applicant shall be required to
utilize any existing surface or well water for the primary source. If a surface
or well source is not available, a single-point connection to the culinary
water system shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the City Engineer.
Staff finds that the applicants engineer has demonstrated that the project can
be provided sanitary sewer service to the existing mains adjacent to the
project site. The existing sewer mains in both W. Pine Ave and adjacent to
the Nine Mile Drain are quite shallow, however the applicants engineer has
demonstrated that minimum cover can be achieved via placing fill in the
lower areas of the project. The applicant will be required to extend the main
along the Nine Mile Drain to the east property line. This main will be
extended further east in the future to provide gravity service to an area that is
currently only serviceable via a lift station.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 8 ofl8
2.
3.
4.
5.
Sewer and water service shall be via main line extension from the existing
mains adjacent to the subject site. The applicant shall be required to extend
sewer and water mains to and through the proposed development, thereby
making them available to adjacent properties. The subdivision designer to
coordinate main sizing and routing with the Public Works Department. The
applicant shall execute City of Meridian standard fonns of easements, for
any mains that are required to provide service.
13.
A drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for
all off-street parking areas. Stonn water treatment and disposal must be
designed in accordance with Department of Environmental Quality 1997
publication Catalog ofStonn Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
disposal into a surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
STANDARD CONDITIONS (PRELIMINARY PLAT)
1.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
Prior to signature of the final plat(s) by the City Engineer, 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. that has not
been completed.
A detailed landscape plan, in compliance with the Landscape Ordinance, and
in accordance with the changes noted within this staff report, shall be
submitted for the subdivision with the final plat application.
All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior
to signature of the final plat(s), all sidewalks shall be constructed or a
financial guarantee that said improvements will be completed shall be
provided (MCC 12-5-3).
Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDMSION / (pP-04-005)
Page 9 of18
9.
Applicant. 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 pennit from the Public Works Department prior commencing
installations.
6.
Please submit groundwater/soils monitoring data, as collected and analyzed
by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge with a period of time not to exceed 24-
hours for all stonns up to and including a 100-year stonn events. Side
slopes within drainage areas shall not exceed 3:1. Any portion ofa 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 detennining the
groundwater, soil type & and characteristics during the design and
construction phases. The engineer shall be required to certifY that the street
centerline elevations are set a minimum of 3-feet above the highest
established nonnal groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above groundwater.
7.
Developer shall coordinate mailbox locations with the Meridian Post Office.
8.
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.
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.
10.
Maintenance of all common areas shall be the responsibility of the Rock
Creek Homeowners Association.
11.
Staffs failure to cite specific ordinance provisions or tenns of the approved
annexation/conditional use does not relieve the Applicant of responsibility
for compliance.
12.
Preliminary plat approval shall be subject to the expiration provisions set
forth in MCC 12-2-4.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-04-005)
Page10 of18
B.
Adopt the Recommendations of ACHD as follows:
I. The applicant has two options regarding the sidewalk along Pine A venue:
Option # 1: The applicant shall be required to construct a 7-foot attached
sidewalk abutting the site. The District shall require an easement from the
applicant for that portion of sidewalk outside of the existing right-of-way. This
is consistent with previous action regarding developments that have roadway
improvements existing. Please contact the Right-of-Way Division at 387-6270
for guidelines.
OR
Option # 2: The applicant shall be required to dedicate additional right-of-way
to provide for the construction of the 7-foot attached sidewalk and2-foot utility
strip located within the new right-of-way. The owner/developer will not be
compensated for this additional right-of-way because collector roadways are to
be brought to adopted standards by the developers of abutting properties.
2.
Construct driveway # I as a curb return type driveway with 15-foot radii
intersecting Pine Avenue 16- feet east of the western property line as proposed.
This driveway is in alignment with North II th Street West located on the north
side of Pine A venue. This driveway location meets District policy and shall be
approved with this development.
Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet
into the site beyond the edge of pavement of the roadway and installl5-foot
curb radii abutting the existing roadway edge.
3.
Driveway # 2 as a curb return type driveway with 15-foot radii offset 138-feet
east of driveway # I, measured near edge to near edge as proposed. (l1O-feet
west of the eastern property line). This driveway is in alignment with the
driveway on the north side of Pine Avenue for 1118 West Pine Avenue. This
driveway location meets District policy and shall be approved with this
development.
Pave the driveway to its full width of 25-feet as proposed, and at least 30-feet
into the site beyond the edge of pavement of the roadway and install15-foot
curb radii abutting the existing roadway edge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 11 of 18
6.
7.
8.
4.
The applicant shall replace unused curb cuts on Pine Avenue with standard curb,
gutter and concrete sidewalk to match required improvements.
5.
Other than the access point(s) specifically approved with this application, direct
lot or parcel access to Pine A venue is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
6.
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 relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
3.
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.
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.
The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required pennits), which incorporates any required
design changes.
Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 12 of18
C.
9.
It is the responsibility of the applicant to verifY all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations
387-6190 in the event any ACHD conduits (spare or filled) are compromised
during any phase of construction.
10.
No change in the tenns 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 confinnation
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.
Adopt the Meridian Fire Department Recommendations as follows:
1. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side
of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDMSION / (pP-O4-005)
Page 13 ofl8
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
5. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
6. Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
7. 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.
8. Fire lanes and streets shall have a vertical clearance of13 '6". This includes mature
landscaping.
9. Commercial and office occupancies will require a fire-flow consistent with the
Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an
average of300' apart.
10. The proposed multi-family lot has an estimated 100 units with a total estimated
population of 267 residents at build out. The Meridian Fire Department has
experienced 2397 responses in the year 2004. According toareport completed by Fire
& Emergency Services Consulting Group our requests for service are projected to
reach 2800 in the year 2005 and 3800 by the year 2010.
D.
Adopt the Recommendations of the Central District Health Department as
follows:
I. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 14of18
4. Stonnwater 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 stonnwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
E.
Adopt the Recommendation 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 9-Mile Drain and Rutledge Lateral course through this 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.
6. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
F.
Adopt the recommendations of the Sanitary Services Company (SSC) as follows:
I. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure
without a vehicle parked in front of it.
2. Design the enclosures per the standard recommendations of SSC for access, gates,
floor/pad, container stops/bumpers, and dimensions. Coordinate the design with
SSC. Approval of the trash enclosure design will be required prior to submittal of a
Conditional Use Permit and issuance of a Certificate of Zoning Compliance.
G.
Adopt the recommendations of the Meridian Police Department as follows:
I. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 15 of18
shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
on the public areas, front porches, and adequate nighttime lighting. The site plan
and/or landscaping plan shall be revised in accord with those discussions.
2. To increase emergency access to the site, the applicant shall provide a stub
driveway to the property to the west. Prior to the next public hearing, the
applicant shall submit a revised plat/site plan to reflect this requirement.
3. Prior to release of building pennits, the applicant shall submit a parking plan for
all off-street parking in the multi-family development to the Planning and
Zoning Department. All parking spaces shall be assigned to a specific dwelling
unit or for guest use. The parking space identification shall use a different
numbering system than the dwelling units.
H.
Adopt the recommendations of the Meridian Parks Department as follows:
I. 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. Standard for Mitigation of trees: The standard established in the City of
Meridian Landscape Ordinance will be followed.
3. Standard Plan for Protection of Existing Trees during Construction: The
standard established in the City of Meridian Landscape Ordinance will be
followed.
1.
Adopt the action of the City Council taken at their June 1,2004 meeting as
follows:
For clarification:
I. The applicant shall be required to provide a 15 foot rear setback for
buildings on the perimeter boundary with allowance for six foot
balconies. Additionally, for these units, the front yard setback shall be 12
feet and the stairway to the second floor shall be allowed to encroach by
three and one-halffeet.
2. The applicant shall provide for an easement for the pathway to allow for
the extension of the pathway to the east.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-04-005)
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3. The applicant shall provide approved bollards from the Fire Department
and Police Department pertaining to the emergency cross.
4. The tot lot amenity shall be moved to the central portion of the project so
as to have direct visibility from the units.
5. The applicant provided at the June I, 2004 City Council meeting a layout
of the proposed complexes upon the property, as well as the interior
design layout, which were approved at the June I, 2004 meeting.
6. The L-O portion of the project shall have access directly off of Pine
Street.
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.
-I/o...
By action ofthe City Council at its regular meeting held on the /5--
day of ooC..7Ù"J'LR , 2004.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
Page 17 of18
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED~
VOTED~
VOTED~
VOTED
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
BY:~ Jh 0 Q r\I.-)
City Clerk's Office
Dated:
lJ>. 21-n4-
Z:\WorklM\MeridianIMeridian 15360MlRock Creek Sub Rz.O4-002 PP-O4-005 CUNJ4-006\FfCIsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDillONAL APPROVAL OF PRELIMINARY PLAT
ROCK CREEK SUBDIVISION / (pP-O4-005)
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