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HomeMy WebLinkAboutRoundtree Subdivision PP-04-018 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 08/17/04 IN THE MATTER OF THE REQUEST) FOR PRELIMINARY PLAT ) APPROVAL OF 16 BUILDABLE LOTS) AND 3 COMMON/OTHER LOTS ON ) 5.7 ACRES IN THE L-O ZONE FOR) ROUNDTREE SUBDIVISION ) ) ) Case No. PP-O4-018 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RON BABNEAU, Applicant The above entitled matter coming on regularly for public hearing before the City Council on August 17,2004, aDd Anna Powell, Steve Bradbury aDd John Renison, appeared and testified, aDd the City Council having received as part of the record of this matter the recommendation to City Council of the Plaooing aDd Zoning Commission aDd the preliminary plat of Roundtree Subdivision submitted for preliminary plat approval aDd which preliminary plat for approval application is herein received aDd adjudged by the City Council pursuaot to Meridiao City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. The property is approximately 5.7 acres in size aDd is located on the south side of W. Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3 North, Raoge I West. 2. Hughes Properties, LLC, is the current property owner, who has provided notarized consent for the subject application. 3. The Applicaot is Ron Babneau of Big View Builders. 4. The subject property is currently zoned L-O. The zoning of L-O is defined within the City of Meridiao Zoning aDd Development Ordinaoce Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~CASENO. PPO4-O18 PAGE 1 OF 19 5. The subject property is within the city limits of the City ofMeridiao. 6. The entire parcel is included within the Meridiao Urbao Service Planning Area as defined in the Meridiao Comprehensive Plao. 7. The Applicaot proposes to develop the subject property in the following manner: A multi-family residential subdivision with sixteen (16) buildable lots aDd three (3) common/other lots. 8. The Nine Mile Drain is a significaot feature that affects the consideration of this application. 9. The Plaooing aDd Zoning Commission recognizes the concerns of Maxine Johnson, expressed at the hearing on July IS, 2004. The the City Council ofthe City ofMeridiao hereby approves the requested Preliminary Plat as requested by the Applicaot for the property described in the application, subject to the following: A. Adopt the Comments aDd Recommendations of the Meridiao Planning & Zoning aDd Engineering Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-01-006), and the current Conditional Use Permit (CUP-04-018) application shall also be considered conditions of the Preliminary Plat (PP-04-0 18). 2. The modified development staodards, including reduced side aDd rear setbacks, aDd reduced frontage requirements, are approved as requested. Side setbacks shall be a minimum of 5-feet to property line (minimum 10-feet between permaoent structures). Rear setbacks shall be a minimum of 10 feet. There is no minimum street frontage requirement for the lots within the proposed subdivision. 3. Provide the City with a copy of a recorded cross-access easement for all of the lots within the subdivision to utilize the drive aisle easement as access to the public street system. 4. Prior to issuaoce of aoy building permits, a permaoent vehicular crossing of the Ninemile Drain shall be constructed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 2 OF 19 5. Provide a Fire Department approved secondary access to the site. Extend the northern most drive aisle to the east property line to provide secondary (emergency) aDd pedestriao access between the subject site aDd the recently approved Rock Creek Development. Construct the drive aisle to be a minimum of 20- feet wide with curb, gutter aDd sidewalk. Unless otherwise approved by the Meridiao Fire Department, provide a 20- foot wide swing or sliding gate equipped with a knoxbox padlock at the eastern terminus of the drive aisle. 6. The laodscape plao (Sheet L1.0, dated 5/13/04 by Rennison Engineering) is approved with the following chaoges: a. A license agreement from Nampa Meridiao Irrigation District for the proposed laodscaping within the easement for the Rutledge Lateral aDd the Ninemile Drain may be required. Prior to signature of the final plat, submit said license agreement. If a license agreement for the proposed laodscaping CaD not be obtained for the proposed laodscaping within the irrigation easements, trees shall be plaoted in accordaoce with MCC outside of the easements. Make aoy chaoges necessary on the laodscape plao. b. With the submittal of the laodscape plao for the final plat, identify the species of each proposed tree aDd cross-reference the tree in the legend. In accordaoce with MCC 12-13-7-4, a minimum of 4 species of trees shall be planted on site. 7. Place a note on the face ofthe final plat stating: "No fencing shall be built closer to aoy building thao five feet per story." If the Applicaot intends to install aoy permaoent fencing within the subdivision, 10 copies of fencing details must be submitted at least 10 days prior to the City Council hearing. A detailed fencing plao shall be submitted upon application of the final plat (MCC 12-4-IO.F.3). Ifno permaoent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuaoce of a building permit. All fencing shall be installed in accordaoce with MCC 12-4-10. 8. The Applicaot shall not be required to cover/tile the Ninemile Drain abutting the site. In accordaoce with Meridiao City Code, the Applicaot should be required to tile or cover aoy other irrigation ditches, laterals or caoals that cross, intersect or lie adjacent to the subject site. Any ditch, caoal or lateral to be piped should be shown on plaos, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If lateral users association approval CaD not be obtained, plaos will be reviewed aDd approved by the City Engineer prior to final plat signature. FINDINGS OFFACf AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-0[8 PAGE 3 OF 19 9. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridiao requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicaot shall be required to utilize aoy 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. 10. Sewer aDd water service shall be via main line extension from the existing mains adjacent to the subject site. The applicaot shall be required to extend sewer and water mains to aDd through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing aDd routing with the Public Works Department. The Applicaot shall execute City of Meridiao staodard forms of easements, for aoy mains that are required to provide service. 11. A drainage plao designed by a State of Idaho licensed architect or engineer is required aDd shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment aDd disposal must be designed in accordaoce with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Maoagement Practices for Idaho Cities aDd Counties aDd City of Meridian staodards aDd 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 plao approval. The Applicaot is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. STANDARD CONDITIONS (PRELIMINARY PLAT) I. Coordinate fire hydraot placement with the City of Meridiao Public Works Department. 2. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, laodscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 3. A detailed laodscape plao, in compliaoce with the Laodscape Ordinaoce, aDd in accordaoce with the chaoges noted within this staff report, shall be submitted for the subdivision with the fmal plat application. 4. All sidewalks shall be constructed in accordaoce with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a finaocial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV ALOF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 4 OF 19 5. 6. 7. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicaot. Typical locations are at street intersections aDd/or fire hydraots. Final design locations aDd quaotity are determined after power designs are completed by Idaho Power Compaoy. The street light contractor shall obtain design aDd permit from the Public Works Department prior commencing installations. Please submit groundwater/soils monitoring data, as collected aDd aoalyzed 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 storms up to aDd including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved laodscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results offield studies determining the groundwater, soil type & aDd characteristics during the design aDd 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. The Applicaot shall coordinate mailbox locations with the Meridiao Post Office. 8. Any existing domestic wells aDd/or septic systems within this project will have to be removed from their domestic service per City Ordinaoce Section 9-1-4 aDd 9-4-8. Wells may be used for non-domestic purposes such as laodscape irrigation. 9. Compaction test results must be submitted to the Meridiao Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Maintenaoce of all common areas shall be the responsibility of the Roundtree Owners Association. 11. Staff's failure to cite specific ordinaoce provisions or terms of the approved aooexation/conditional use does not relieve the Applicaot of responsibility for compliaoce. 12. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. B. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDMSION ~ CASE NO. PP 04-018 PAGE 5 OF 19 Site Specific Conditions of Approval 1. Utilize the existing 30-foot wide curb return type driveway that intersects Pine Avenue approximately 10-feet east of the west property line, as proposed. 2. Other thao the access point that has specifically been approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this access restriction should be noted on the final plat. 3. Comply with all Staodard Conditions of Approval. Standard Conditions of Approval I. 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 aoy existing damaged curb, gutter aDd sidewalk aDd aoy 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 thao 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 aDd construction shall be in accordaoce with the Ada County Highway District Policy Maoual, ISPWC Staodards aDd approved supplements, Construction Services procedures aDd all applicable ACHD Ordinaoces unless specifically waived herein. An engineer registered in the State of Idaho shall prepare aDd certify all improvement plaos. 6. The applicaot shall submit revised plaos for staff approval, prior to issuance of building permit (or other required permits), which incorporates aoy required design chaoges. 7. Construction, use aDd property development shall be in conformaoce with all applicable requirements of the Ada County Highway District prior to District approval for occupaocy. 8. Payment of applicable road impact fees are required prior to building construction in accordaoce with Ordinaoce #198, also known as Ada County Highway District Road Impact Fee Ordinaoce. 9. It is the responsibility of the applicaot to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 6 OF 19 applicaot. The applicaot 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 applicaot shall contact ACHD Traffic Operations 387-6190 in the event aoy ACHD conduits (spare or filled) are compromised during aoy phase of construction. 10. No chaoge in the terms aDd conditions of this approval shall be valid unless they are in writing aDd signed by the applicaot or the applicaot's authorized representative aDd ao authorized representative of the Ada County Highway District. 'The burden shall be upon the applicaot to obtain written confirmation of aoy chaoge from the Ada County Highway District. 11. Any chaoge by the applicaot in the plaooed use of the property which is the subject of this application, shall require the applicaot to comply with all rules, regulations, ordinaoces, plaos, or other regulatory aDd legal restrictions in force at the time the applicaot or its successors in interest advises the Highway District of its intent to chaoge the plaooed use of the subject property unless a waiver/variaoce of said requirements or other legal relief is graoted pursuaot to the law in effect at the time the chaoge in use is sought. c. Adopt the Meridiao Fire Department Recommendations as follows: 1. Acceptaoce of the water supply for fire protection will be by the Meridiao Water Department. 2. Final Approval of the fire hydraot locations shall be by the Meridiao Fire Department. a. Fire Hydraots shall have the 4 Vi' outlet face the main street or parking lot aisle. b. The Fire hydraot shall not face a street which does not have addresses on it. c. Fire hydraot markers shall be provided per Public Works spec. d. Locations with fire hydraots shall have the curb painted red 10' to each side of the hydraot location. e. Fire Hydraots shall be placed on corners. f. Fire hydraots shall not have aoy vertical obstructions to outlets within 10'. 3. The phasing plao may require that aoy roadway greater thao 150' in length that is not provided with ao outlet shall be required to have ao approved turn around. 4. All entraoce aDd internal roads shall have a turning radius of28' inside aDd 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydraots 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 ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 7 OF 19 7. Building setbacks shall be per the Building Code for one and two story construction. 8. 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 thao a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. Section DI06.1 of the IFC requires two separate approved fire accesses for developments with over 100 multi-family units. With the 72 units on Lot I (Tramore Senior Apartments), aDd the proposed 64 units on Lot 2, the Fire Department is requiring a second access point to this site (east). A 20-foot wide swing or sliding gate equipped with a knoxbox padlock will be required. D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal CaD be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicaot's central sewage aDd central water plaos 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 aDd surface water quality. 5. The engineers aDd architects involved with the design of the subject project shall obtain current best maoagement practices for stormwater disposal aDd design a stormwater maoagement system that prevents groundwater aDd surface water degradation. E. Adopt the Recommendation ofNampa & Meridiao Irrigation District as follows: 1. Applicaot shall apply for a laod use chaoge application prior to final platting. 2. All laterals aDd waste ways must be protected. FINDINGS OFFACf AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 8 OF 19 3. The District's 9-Mile Drain courses through the middle of this proposed project. The District's Rutledge Lateral courses along the south boundary of this proposed project. These easements must be protected aDd aoy encroachment without a signed License Agreement aDd approved plao, before aoy construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If aoy surface drainage leaves the site, the Nampa & Meridiao Irrigation District must review drainage plaos. 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 & Meridiao Irrigation District. F. Adopt the recommendations of the Sanitary Services Compaoy (SSe) as follows: 1. 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 staodard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, aDd dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Certificate of Zoning Compliaoce permit. G. Adopt the recommendations of the Meridiao Police Department as follows: 1. To increase emergency access to the site, the applicaot shall provide a stub driveway to the property to the east. H. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridiao School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, aDd elementary schools throughout the district are operating over capacity. 2. Approval of Roundtree Subdivision will have a significaot impact on school enrolhnents at Peregrine Elementary, Meridiao Middle, aDd Meridiao High School. 3. We can predict that these homes, when completed, will house twenty-two (22) elementary aged children, nineteen (19) middle school aged children, aDd fifteen (15) senior high aged students. Additional students will further compound the current overcrowded situation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 9 OF 19 4. School capacity is addressed in Idaho Code 67-6508. The Meridiao School District is currently operating beyond capacity. Future development will continue to have ao impact on the district's capacity. DECISION AND ORDER Pursuaot to the City Council's authority as provided in Meridiao City Code § 12-3-5 and based upon the above aDd foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicaot as evidenced by having submitted the preliminary plat of ROUNDTREE SUBDIVISION, dated May 14, 2004, is hereby conditionally approved; aDd 2. The conditions of approval are as follows to-wit: A. Adopt the Comments aDd Recommendations of the Meridiao Plaooing & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-OI-006), aDd the current Conditional Use Permit (CUP-04-018) application shall also be considered conditions of the Preliminary Plat (PP-04-018). 2. The modified development staodards, including reduced side aDd rear setbacks, aDd reduced frontage requirements, are approved as requested. Side setbacks shall be a minimum of 5-feet to property line (minimum lO-feet between permaoent structures). Rear setbacks shall be a minimum of 10 feet. There is no minimum street frontage requirement for the lots within the proposed subdivision. 3. Provide the City with a copy of a recorded cross-access easement for all of the lots within the subdivision to utilize the drive aisle easement as access to the public street system. 4. Prior to issuaoce of aoy building permits, a permaoent vehicular crossing of the Ninemile Drain shall be constructed. 5. Provide a Fire Department approved secondary access to the site. Extend the northern most drive aisle to the east property line to provide secondary (emergency) aDd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 10 OF 19 pedestriao access between the subject site aDd the recently approved Rock Creek Development. Construct the drive aisle to be a minimum of20-feet wide with curb, gutter and sidewalk. Unless otherwise approved by the Meridiao Fire Department, provide a 20- foot wide swing or sliding gate equipped with a knoxbox padlock at the eastern terminus of the drive aisle. 6. The laodscape plao (Sheet L1.0, dated 5/13/04 by Rennison Engineering) is approved with the following chaoges: a. A license agreement from Nampa Meridiao Irrigation District for the proposed laodscaping within the easement for the Rutledge Lateral aDd the Ninemile Drain may be required. Prior to signature of the final plat, submit said license agreement. If a license agreement for the proposed laodscaping CaD not be obtained for the proposed laodscaping within the irrigation easements, trees shall be plaoted in accordaoce with MCC outside of the easements. Make aoy chaoges necessary on the laodscape plao. b. With the submittal of the laodscape plao for the final plat, identify the species of each proposed tree aDd cross-reference the tree in the legend. In accordaoce with MCC 12-13-7-4, a minimum of 4 species of trees shall be planted on site. 7. Place a note on the face of the final plat stating: "No fencing shall be built closer to any building thao five feet per story." If the Applicaot intends to install aoy permanent fencing within the subdivision, 10 copies offencing details must be submitted at least 10 days prior to the City Council hearing. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). If no permaoent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuaoce of a building permit. All fencing shall be installed in accordaoce with MCC 12-4-10. 8. The Applicaot shall not be required to cover/tile the Ninemile Drain abutting the site. In accordaoce with Meridiao City Code, the Applicaot should be required to tile or cover any other irrigation ditches, laterals or caoals that cross, intersect or lie adjacent to the subject site. Any ditch, caoal 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 confirmation of said approval submitted to the Public Works Department. If lateral users association approval CaD not be obtained, plaos will be reviewed and approved by the City Engineer prior to final plat signature. 9. 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. The Applicaot shall be required to utilize aoy existing surface or well water for the primary source. If a surface or well source is not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 11 OF 19 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. 10. Sewer aDd water service shall be via main line extension from the existing mains adjacent to the subject site. The applicaot shall be required to extend sewer aDd water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing aDd routing with the Public Works Department. The Applicaot shall execute City of Meridian staodard forms of easements, for aoy mains that are required to provide service. 11. A drainage plao designed by a State of Idaho 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. Storm water treatment aDd disposal must be designed in accordaoce with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Maoagement Practices for Idaho Cities and Counties aDd City of Meridiao staodards aDd 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 plao approval. The Applicaot 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 hydraot placement with the City ofMeridiao Public Works Department. 2. 3. 4. Prior to signature of the final plates) 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 laodscape plan, in compliaoce with the Laodscape Ordinance, aDd in accordaoce 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 accordaoce with MCC 12-5-2.K. Prior to signature of the fmal plates), all sidewalks shall be constructed or a finaocial guaraotee that said improvements will be completed shall be provided (MCC 12-5-3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicaot. Typical locations are at street intersections and/or fire hydraots. Final design locations aDd quaotity are determined after power designs are completed by Idaho Power Compaoy. The street light FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 12 OF 19 6. contractor shall obtain design aDd permit from the Public Works Department prior commencing installations. Please submit groundwater/soils monitoring data, as collected aDd aoalyzed 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 storms up to aDd including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved laodscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & aDd characteristics during the design aDd 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. 7. The Applicaot shall coordinate mailbox locations with the Meridiao Post Office. 8. Any existing domestic wells aDd/or septic systems within this project will have to be removed from their domestic service per City Ordinaoce Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as laodscape irrigation. 9. Compaction test results must be submitted to the Meridiao Building Department for all building pads receiving engineered backfill, where footing wpuld sit atop fill material. 10. Maintenance of all common areas shall be the responsibility of the Roundtree Owners Association. 11. Staffs failure to cite specific ordinaoce provisions or terms of the approved aooexation/conditional use does not relieve the Applicaot of responsibility for compliaoce. 12. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Utilize the existing 30-foot wide curb return type driveway that intersects Pine Avenue approximately 10-feet east ofthe west property line, as proposed. FINDINGS Of fACT AND CONCLUSIONS OF LAW AND ORDER Of CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 13 OF 19 2. Other thao the access point that has specifically been approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this access restriction should be noted on the final plat. 3. Comply with all Staodard Conditions of Approval. Standard Conditions of Approval I. 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 aoy existing damaged curb, gutter aDd sidewalk aDd aoy 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 thao 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 aDd construction shall be in accordaoce with the Ada County Highway District Policy Maoual, ISPWC Staodards aDd approved supplements, Construction Services procedures aDd all applicable ACHD Ordinaoces unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plaos. 6. The applicaot shall submit revised plans for staff approval, prior to issuaoce of building permit (or other required permits), which incorporates aoy required design chaoges. 7. Construction, use aDd property development shall be in conformaoce with all applicable requirements of the Ada County Highway District prior to District approval for occupaocy. 8. Payment of applicable road impact fees are required prior to building construction in accordaoce with Ordinaoce #198, also known as Ada County Highway District Road Impact Fee Ordinaoce. 9. It is the responsibility of the applicaot to verify all existing utilities within the right-of- way. The applicaot at no cost to ACHD shall repair existing utilities damaged by the applicaot. The applicaot 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 applicaot shall contact ACHD Traffic Operations 387-6190 in the event aoy ACHD conduits (spare or filled) are compromised during aoy phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 14 OF 19 10. No change in the terms aDd conditions of this approval shall be valid unless they are in writing aDd signed by the applicaot or the applicaot's authorized representative aDd ao authorized representative of the Ada County Highway District. The burden shall be upon the applicaot to obtain written confirmation of aoy change from the Ada County Highway District. 11. Any chaoge by the applicaot in the plaooed use of the property which is the subject of this application, shall require the applicaot to comply with all rules, regulations, ordinances, plaos, or other regulatory aDd legal restrictions in force at the time the applicaot or its successors in interest advises the Highway District of its intent to chaoge the plaooed use of the subject property unless a waiver/variaoce of said requirements or other legal relief is graoted pursuaot to the law in effect at the time the chaoge in use is sought. C. Adopt the Meridiao Fire Department Recommendations as follows: 1. Acceptance of the water supply for fire protection will be by the Meridiao Water Department. 2. Final Approval ofthe fire hydraot locations shall be by the Meridiao Fire Department. a. Fire Hydraots shall have the 4 Vi' outlet face the main street or parking lot aisle. b. The Fire hydraot shall not face a street which does not have addresses on it. c. Fire hydraot markers shall be provided per Public Works spec. d. Locations with fire hydraots shall have the curb painted red 10' to each side of the hydraot location. Fire Hydraots shall be placed on corners. Fire hydraots shall not have aoy vertical obstructions to outlets within 10'. e. f. 3. The phasing plao may require that aoy roadway greater thao 150' in length that is not provided with ao outlet shall be required to have ao approved turn around. 4. All entraoce aDd internal roads shall have a turning radius of28' inside aDd 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants aDd temporary or permaoent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 8. The roadways shall be built to Ada County Highway Staodards aDd shall have a clear driving surface, available at all times, which is 20' wide. Streets with less thao a 29' street width shall have no parking. Streets with less thao 33' shall have parking only on fINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 15 OF 19 9. one side Fire laDes aDd streets shall have a vertical clearaoce of 13'6". This includes mature laodscaping. 10. Commercial and office occupaocies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydraots shall be placed an average of 300' apart. 11. Section DI06.1 of the IFC requires two separate approved fire accesses for developments with over 100 multi-family units. With the 72 units on Lot I (Tramore Senior Apartments), aDd the proposed 64 units on Lot 2, the Fire Department is requiring a second access point to this site (east). A 20-foot wide swing or sliding gate equipped with a knoxbox padlock will be required. D. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal CaD be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicaot's central sewage aDd central water plans must be submitted to aDd 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 aDd surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best maoagement practices for stormwater disposal aoddesign a stormwater maoagement system that prevents groundwater aDd surface water degradation. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicaot shall apply for a laod use chaoge application prior to final platting. 2. All laterals aDd waste ways must be protected. 3. The District's 9-Mile Drain courses through the middle of this proposed project. The District's Rutledge Lateral courses along the south boundary ofthis proposed project. These easements must be protected aDd aoy encroachment without a signed License Agreement aDd approved plao, before any construction is started, is unacceptable. FINDINGS Of fACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 160F 19 4. All municipal surface drainage must be retained on site. If aoy surface drainage leaves the site, the Nampa & Meridiao Irrigation District must review drainage plaos. 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 & Meridiao Irrigation District. F. Adopt the recommendations of the Saoitary Services Compaoy (SSe) as follows: 1. 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 staodard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, aDd dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Certificate of Zoning Compliaoce permit. G. Adopt the recommendations of the Meridiao Police Department as follows: 1. To increase emergency access to the site, the applicaot shall provide a stub driveway to the property to the east. H. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridiao School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, aDd elementary schools throughout the district are operating over capacity. 2. Approval of Roundtree Subdivision will have a significaot impact on school enrollments at Peregrine Elementary, Meridiao Middle, aDd Meridiao High School. 3. We can predict that these homes, when completed, will house twenty-two (22) elementary aged children, nineteen (19) middle school aged children, aDd fifteen (15) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridiao School District is currently operating beyond capacity. Future development will continue to have ao impact on the district's capacity. FINDINGS OF FACT AND CONCLUSIONS Of LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~CASENO. PP04-O18 PAGE170F19 The preliminary plat of ROUNDTREE SUBDIVISION, dated May 14, 2004, aDd stamped: , aDd stamped: RECEIVED , CITY OF MERIDIAN CITY CLERK OFFICE, is hereby approved. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicaot is hereby notified that pursuaot to Idaho Code 67-8003, the Owner may request a regulatory taking aoalysis. Such request must be in writing, aDd must be filed with the City Clerk not more thao twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings aoalysis 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 Meridiao, pursuaot to Idaho Code § 67-6521. An affected person being a person who has ao interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision aDd 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 7~ day of ~ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ COUNCILMAN BILL NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL Of PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 18 OF 19 COUNCILMAN CHARLIE ROUNTREE VOTED ~^--- COUNCILMAN KEITH BIRD VOTED~ MAYORTAMMYdeWEERD (TIE BREAKER) VOTED-=- Attest: By:k~ City Clerk's Office Dated: £1- \0-6"\ Z:\Work\MIMeridian\Meridian 15360MlRoundtree Sub PP 04-018 CUP 04-018\Roundtree PP-O4-018 Findings.doc FINDINGS Of fACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL Of PRELIMINARY PLAT ROUNDTREE SUBDIVISION ~ CASE NO. PP 04-018 PAGE 19 OF 19