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HomeMy WebLinkAboutSalisbury Subdivision No. 2 PP BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C-08/03/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT APPROVAL OF 81 BUILDABLE) LOTS AND 11 COMMON/OTHER ) LOTS ON 19.70 ACREAS IN AN R-8 ) ZONE FOR SALISBURY ) SUBDIVISION NO.2) ) ) Case No. PP-03-042 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EARL, MASON AND STANFIELD, INC. Applicant The above entitled matter coming on regularly for public hearing before the City Council on August 3, 2004, and Anna Canning, Scott Stanfield, Jeff Wood and Joe Simunich, appeared and testified, 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 of Salisbury Subdivision No.2 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. The property is approximately 19.7 acres in size and is located on the west side of Meridian Road, north of Waterbury Park Subdivision, in Section 1, Township 3 North, Range 1 West. 2. Woodside Properties, LLC is the current property owner and Jefftey A. Wood submitted notarized consent for the subject application. 3. The Applicant is Earl, Mason and Stanfield, Inc. 4. The subject property is currently zoned RUT. There is, however, an application for FINDINGS OF FACT AND CONCLUSIONS OF lAW AND ORDER OF CONDmONALAPPROVALOF PRELIMINARY PlAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03<J42 Page 1 of 18 5. 6. 7. 8. annexation and zoning to R-8 before the City Council. The zoning ofR-8 is derIDed within the City of Meridian Zoning and Development Ordinance Section 11-7-2. The property, which is the subject of this application, is within the Area of Impact of the City of Meridian. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. The Applicant proposes to develop the subject property in the following manner: A residential subdivision with 81 buildable lots and II common/other lots. The South Slough lies contiguous to the subject property and is a feature that will need to be protected. The City Council of the City of Meridian hereby approves the requested Preliminary Plat of Salisbury Subdivision No.2 as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the South Slough pedestrian pathway prior to the first building permit being issued for the subdivision. The easement shall be a minimum of 10 feet in width and cover the pathway surface. The pathway shall be constructed prior to any occupancy in the subdivision and shall connect to the pathway in Clearbrook Estates Subdivision. Applicant should work with the City Parks Dept. to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID). Applicant shall conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 2. The vacation of the existing Idaho Power Co. power line easement shall be approved by all applicable agencies prior to the City Engineer signature ofthe final plat. 3. The NMID easement along the north side of the South Slough shall not encroach into the buildable lots within Block 1. FINDINGS OF FACT AND CONCLUSIONS OF lAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03<J42 Page 2 of 18 4. Prior to City Council approval of the final plat, the applicant shall submit and receive approval fÌ'om the P&Z and Fire Departments of a construction traffic plan for the subdivision. Said plan shall be in effect fÌ'om the date of preliminary plat approval through the release of the first Certificate of Occupancy within the subdivision. 5. A minimum 14-foot wide access road, constructed to Public Works Department specifications, shall be provided over the existing sanitary sewer main easement that lies within Lot 22, Block I and Lot 9, Block 5. 6. A six-foot "open vision" or four-foot solid fencing is required adjacent to the South Slough pathway (Lot 14, Block I) and adjacent to the common area/open space lots in Block 2, 3 and 4.. Submit a detailed fencing plan with the final plat. The developer shall construct the south perimeter fence on the rear lot lines of Lots 15 - 21, Block 1. 7. It appears that Lot 2, Block 4 may be below the minimum 50-foot lot fÌ'ontage width allowed under the accompanying CUP/PD. The applicant shall ensure this lot meets the minimum 50-foot width with the final plat. 8. All areas being counted toward the 5% open space requirement shall be fÌ'ee of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 9. Please submit up-to-date groundwater monitoring report to the Public Works Department for review. The report submitted with the application only identifies the groundwater elevation on the day the test holes were dug. No monitoring ports were installed for on going monitoring of the groundwater elevation. The initial study indicates that shallow groundwater will be a factor. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 10. Sanitary sewer service to this site shall be via main line extensions fÌ'om an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development, (to the ends of the stub streets Spicewood and Claire). Subdivision designer to coordinate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURYSUBDlVISIONNO.2-CASENO.PPO3<J42 Page 3 ofl8 6. 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. 11. Domestic water service to this site shall be via main line extensions fÌ'om mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development, (to the ends of the stub streets Spicewood and Claire). Subdivision designer to coordinate main sizing and 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. 12. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa & Meridian Irrigation District. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Please submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the final plat application. Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALISBURY SUBDIVISION NO.2 - CASE NO. PP 03<J42 Page 4 of 18 B. 4. 5. 7. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit fÌ'om the Public Works Department prior commencing installations. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Extend West Sedgewick Drive from the east property line approximately 220-feet south of the north property line, as proposed. 2. Extend Indian Rocks Street from the east property line approximately 96-feet north of the south property line, as proposed. 3. Construct a stub street to the north property line approximately 1 05-feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus ofthe stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the north property line approximately 100 feet east of the west property line. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct the internal roadways as 36-foot street sections with curb, gutter and 5- foot concrete sidewalk. If the sidewalk is located outside of the public right-of- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03<J42 Page 5 of 18 way, provide the District with an easement for the sidewalk OR Construct the internal roadways as 32-feet of pavement, a 2-foot concrete ribbon and a 5-foot concrete sidewalk that is detached by an 8-foot drainage swale **IF the Commission approves an alternative street section and **IF the development meets ALL of the criteria that has been established. 6. Complete the right-of-way exchange process for the Venable Lane right-of-way abutting the site for a fully improved right-of-way that is identified on the site plan as Venable Way. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe 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 ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pennits), 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03-042 Page 6 of 18 C. 2. 3. 4. 5. 6. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless 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. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the north. The two entrances shall be separated by no less than Y> the diagonal measurement of the project. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front offire hydrants shall be painted red for 10' on each side of the installation. All roads shall have a turning radius of28' inside and 48' outside. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03-042 Page 7 of 18 D. E. 2. 3. 4. 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 9. Building setbacks shall be per the Building Code for one and two story construction. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy 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 ofthe subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary of 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03-042 Page 8 of 18 F. G. 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. Adopt the Recommendations of the Meridian Parks Department as follows: 1. 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 City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 4. 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 August 3, 2004 meeting as follows: For clarification: 1. The fence along the sewer easement open space in the southeast is to be the same as other fencing adjacent to the open spacing ifthe lots in Clearbrook subdivision to the east are not open space. If the lots in Clearbrook are open space then standard perimeter fencing is required. 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 of SALISBURY SUBDIVISION NO.2, dated June 24, 2004, is hereby conditionally approved; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03-042 Page 9 of 18 2. A. 6. 7. 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 OF APPROVAL (PRELIMINARY PLAT) 1. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the South Slough pedestrian pathway prior to the first building pennit being issued for the subdivision. The easement shall be a minimum of 10 feet in width and cover the pathway surface. The pathway shall be constructed prior to any occupancy in the subdivision and shall connect to the pathway in Clearbrook Estates Subdivision. Applicant should work with the City Parks Dept. to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID). Applicant shall conform to the Park's Dept. standards for construction ofthe pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 2. The vacation of the existing Idaho Power Co. power line easement shall be approved by all applicable agencies prior to the City Engineer signature of the final plat. 3. The NMID easement along the north side of the South Slough shall not encroach into the buildable lots within Block I. 5. Prior to City Council approval of the final plat, the applicant shall submit and receive approval from the P&Z and Fire Departments of a construction traffic plan for the subdivision. Said plan shall be in effect from the date of preliminary plat approval through the release of the first Certificate of Occupancy within the subdivision. 5. A minimum 14-foot wide access road, constructed to Public Works Department specifications, shall be provided over the existing sanitary sewer main easement that lies within Lot 22, Block 1 and Lot 9, Block 5. A six-foot "open vision" or four-foot solid fencing is required adjacent to the South Slough pathway (Lot 14, Block 1) and adjacent to the common area/open space lots in Block 2, 3 and 4.. Submit a detailed fencing plan with the final plat. The developer shall construct the south perimeter fence on the rear lot lines of Lots 15 - 21, Block 1. It appears that Lot 2, Block 4 may be below the minimum 50-foot lot ITontage width allowed under the accompanying CUPIPD. The applicant shall ensure this lot meets the minimum 50-foot width with the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALISBURY SUBDIVISION NO.2 - CASE NO. PP 03-042 Page 10 of 18 12. 8. All areas being counted toward the 5% open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 9. Please submit up-to-date groundwater monitoring report to the Public Works Department for review. The report submitted with the application only identifies the groundwater elevation on the day the test holes were dug. No monitoring ports were installed for on going monitoring of the groundwater elevation. The initial study indicates that shallow groundwater will be a factor. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3: 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. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 10. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development, (to the ends ofthe stub streets Spicewood and Claire). Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development, (to the ends of the stub streets Spicewood and Claire). Subdivision designer to coordinate main sizing and 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. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa & Meridian Irrigation District. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURYSUBDIVISIONNO.2-CASENO.PP03-042 Page 11 of18 9. 10. water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Please submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the final plat application. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit fÌ'om the Public Works Department prior commencing installations. 8. 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 have to be mitigated. Any existing domestic wells and/or septic systems within this project will have to be removed ITom 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALISBURY SUBDIVISION NO. 2-CASENO. PP03<J42 Page 12 of 18 B. 6. 7. fill material. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. Extend West Sedgewick Drive ITom the east property line approximately 220- feet south of the north property line, as proposed. 2. Extend Indian Rocks Street ITom the east property line approximately 96-feet north of the south property line, as proposed. 3. Construct a stub street to the north property line approximately 1O5-feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 4. Construct a stub street to the north property line approximately 100 feet east of the west property line. Install a sign at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Construct the internal roadways as 36-foot street sections with curb, gutter and 5- foot concrete sidewalk. If the sidewalk is located outside of the public right-of- way, provide the District with an easement for the sidewalk OR Construct the internal roadways as 32-feet of pavement, a 2-foot concrete ribbon and a 5-foot concrete sidewalk that is detached by an 8-foot drainage swale **IF the Commission approves an alternative street section and **IF the development meets ALL of the criteria that has been established. Complete the right-of-way exchange process for the Venable Lane right-of-way abutting the site for a fully improved right-of-way that is identified on the site plan as Venable Way. Comply with all Staodard Conditions of Approval. Standard Conditions of Approval 1. 2. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDlV!SIONNO. 2-CASENO. PP03.042 Page 13 of 18 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 ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO. 2-CASENO. PP 03<J42 Page 14 of 18 C. its intent to change the planned use of the subject property unless a waiver/variance ofsaid 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. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the north. The two entrances shall be separated by no less than Y> the diagonal measurement of the project. 2. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in fÌ'ont of fire hydrants shall be painted red for 10' on each side of the installation. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 8. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 9. Building setbacks shall be per the Building Code for one and two story construction. D. Adopt the Recommendations of the Central District Health Department as follows: 2. 1. This proposal can be approved for central sewage& central water after written approval ITom appropriate entities is submitted. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALISBURY SUBDIVISION NO.2 - CASE NO. PP 03-G42 Page 15 of 18 E. F. 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. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Finch Lateral courses along the south boundary of 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. Adopt the Recommendations of the Meridian Parks Department as follows: 1. 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 City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation oftrees: The standard established in the City of Meridian Landscape Ordinance will be followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO. 2-CASENO. PP03-042 Page 16 of 18 4. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the action of the City Council taken at their August 3, 2004 meeting as follows: For clarification: 1. The fence along the sewer easement open space in the southeast is to be the same as other fencing adjacent to the open spacing if the lots in Clearbrook subdivision to the east are not open space. If the lots in Clearbrook are open space then standard perimeter fencing is required. The revised plat of SALISBURY SUBDIVISION NO.2, dated June 24,2004, and stamped: , and stamped: RECEIVED , 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 of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ? A. -r&..- By action of the City Council at its regular meeting held on the ~ day of 11u~ ri- ,2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03-042 Page 17 of 18 ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED-*-A-- VOTED*^-' VOTED COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) Attest: By: ~\Cl )l^aj~ Cl y Clerk's Office Dated: 8-?lì-O4 Z:\WorkIM\MeridianlMeridian I 5360MlSalisbwy Sub No, 2 AZ<J3-036 PP<J3<J42 Approval FindingsIFFCLORD-PP 08 19 2004doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAUSBURY SUBDIVISION NO.2 - CASE NO. PP 03-042 Page 18 of 18