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HomeMy WebLinkAboutRoundtree Subdivision PP 04-018 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 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~OI8 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, and Anna Powell, Steve Bradbury and John Renison, appeared and testified, and the City Council having received as part of the record of this matter the recommendatÌon to City Council of the Planning and Zoning Commission and the preliminary plat of Roundtree Subdivision 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 5.7 acres in size and is located on the south side of W. Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3 North, Range 1 West. 2. Hughes Properties, LLC, is the current property owner, who has provided notarized consent for the subject application. 3. The Applicant is Ron Babneau of Big View Builders. 4. The subject property is currently zoned L-O. The zoning of L-O is derIDed within the City of Meridian Zoning and Development Ordinance Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION -CASE NO. PPO4-O18 PAGE 1 OF 19 4. 5. The subject property is within the city limits of the City of Meridian. 6. The entire parcel is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: A multi-family residential subdivision with sixteen (16) buildable lots and three (3) common/other lots. 8. The Nine Mile Drain is a significant feature that affects the consideration of this application. 9. The Planning and Zoning Commission recognizes the concerns of Maxine Johnson, expressed at the hearing on July 15, 2004. The the City Council ofthe City of Meridian hereby approves the requested Preliminary Plat 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 (PRELIMINARY PLAT) 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-OI-006), and the current Conditional Use Permit (CUP-04-018) application shall also be considered conditions ofthe Preliminary Plat (pP-04-018). 2. The modified development standards, including reduced side and rear setbacks, and reduced frontage requirements, are approved as requested. Side setbacks shall be a minimum of 5-feet to property line (minimum la-feet between permanent 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. Prior to issuance of any building permits, a permanent 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) and pedestrian access between the subject site and the recently approved Rock Creek Development. Construct the drive aisle to be a minimum of 20- feet wide with curb, gutter and sidewalk. Unless otherwise approved by the Meridian 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 landscape plan (Sheet L1.0, dated 5/13/04 by Rennison Engineering) is approved with the following changes: a. A license agreement from Nampa Meridian Irrigation District for the proposed landscaping within the easement for the Rutledge Lateral and the Ninemile Drain may be required. Prior to signature of the final plat, submit said license agreement. If a license agreement for the proposed landscaping can not be obtained for the proposed landscaping within the irrigation easements, trees shall be planted in accordance with MCC outside of the easements. Make any changes necessary on the landscape plan. b. With the submittal of the landscape plan for the final plat, identify the species of each proposed tree and cross-reference the tree in the legend. In accordance 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 than five feet per story." If the Applicant intends to install any 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 permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. 8. 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 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 confirmation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 3 OF 19 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 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. 10. 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 forms of easements, for any mains that are required to provide service. 11. A drainage plan 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 and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm 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 fITe hydrant placement with the City of Meridian 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, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 3. 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. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial 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 APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION -CASE NO. PP 04-018 PAGE 4 OF 19 B. 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the 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 permit 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 storms up to and 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 landscaping) 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 & 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. 7. The Applicant 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. 9. 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 Roundtree Owners Association. 11. Staffs failure to cite specific ordinance provisions or terms 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. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - 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 IO-feet east of the west property line, as proposed. 2. Other than 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 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 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 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 2. 3. 4. 5. 6. 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. 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. a. Fire Hydrants shall have the 4 W' 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'. 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. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 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 ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 7 OF 19 4. 5. E. 2. 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 than 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.l of the IFC requires two separate approved fire accesses for developments with over 100 multi-family units. With the 72 units on Lot 1 (Tramore Senior Apartments), and 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 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. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design ofthe 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 Recommendation 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 8 OF 19 H. 2. 3. 3. The District's 9-Mile Drain courses tiITough 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 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 (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 standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with sse. Approval of the trash enclosure design will be required prior to submittal of a Certificate of Zoning Compliance permit. G. Adopt the recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide a stub driveway to the property to the east. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools tiIToughout the district are operating over capacity. Approval of Roundtree Subdivision will have a significant impact on school enrollments at Peregrine Elementary, Meridian Middle, and Meridian High School. We can predict that these homes, when completed, will house twenty-two (22) elementary aged children, nineteen (19) middle school aged children, and 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 Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. 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 ROUNDTREE SUBDIVISION, dated May 14,2004, is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. 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 previously approved development agreement, Tramore Subdivision (PFP-OI-006), and 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 standards, including reduced side and rear setbacks, and reduced frontage requirements, are approved as requested, Side setbacks shall be a minimum of 5-feet to property line (minimum IO-feet between permanent 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 issuance of any building permits, a permanent 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) and 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 pedestrian access between the subject site and the recently approved Rock Creek Development. Construct the drive aisle to be a minimum of 20-feet wide with curb, gutter and sidewalk. Unless otherwise approved by the Meridian 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 landscape plan (Sheet L1.0, dated 5/13/04 by Rennison Engineering) is approved with the following changes: a. A license agreement from Nampa Meridian Irrigation District for the proposed landscaping within the easement for the Rutledge Lateral and the Ninemile Drain may be required. Prior to signature of the final plat, submit said license agreement. If a license agreement for the proposed landscaping can not be obtained for the proposed landscaping within the irrigation easements, trees shall be planted in accordance with MCC outside of the easements. Make any changes necessary on the landscape plan. b. With the submittal of the landscape plan for the final plat, identify the species of each proposed tree and cross-reference the tree in the legend. In accordance 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 than five feet per story." If the Applicant intends to install any 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-IO.F.3). If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. 8. 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 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 confITffiation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9, 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, 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 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 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 forms of easements, for any mains that are required to provide service. 11. A drainage plan 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 and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm 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) I. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. 3. 4. 5. 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 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 plates), 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 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 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 12. B. contractor shall obtain design and permit 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 storms up to and including a IOO-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 landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces of homes is at least I-foot above groundwater. 7. The Applicant 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. 9. 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 Roundtree Owners Association. 11. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 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 of the 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 than 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 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. 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. 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 2. 3. 4. 5. 6. 7. 8. 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. 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. a. Fire Hydrants shall have the 4 W' 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. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10', e. f. 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. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Building setbacks shall be per the Building Code for one and two story construction. 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 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 2. 3. 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 D I 06.1 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), and 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 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 tiITough 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. E. Adopt the Recommendation 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 9-Mile Drain courses tiITough the middle of this proposed project. The District's Rutledge Lateral courses along the south boundary ofthis proposed project. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITlONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION -CASE NO. PP04-018 PAGE 16 OF 19 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 (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 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 Certificate of Zoning Compliance permit. G. Adopt the recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant 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 Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Roundtree Subdivision will have a significant impact on school enrollments at Peregrine Elementary, Meridian Middle, and Meridian 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, and 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 Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 17 OF 19 The preliminary plat of ROUNDTREE SUBDNISION, dated May 14, 2004, and stamped: , and stamped: RECENED , 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. 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~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - .~ Attest: BY:~~ City Clerk's Office Dated: q. \0-64- Z:IWorklM\MeridianlMeridian 15360MlRonndtree Sob PP 04-018 CUP 04-o18\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