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HomeMy WebLinkAboutLarkspur Subdivision PP 04-023 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT APPROVAL OF 56 BUILDING) LOTS AND 6 COMMON LOTS ON ) 18.94 ACRES FOR LARKSPUR ) SUBDIVISION ) ) Case No. PP-O4-023 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur, LLC, Applicant The above entitled matter coming on regularly for public hearing before the City Council on September 7, 2004, and Anna Canning, Ron Sargent, Doug Clegg and Doug Olson, 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 Larkspur 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 fIDdings: FINDINGS OF FACT 1. The property is located at 2090, 2190, and 2240 S. Meridian Road, approximately 1/3 mile south of the southeast intersection ofN. Meridian Road and E. Overland Road, Meridian. 2. The owners of record of the subject property are Calderwood Community, LLC, Jack and Carolyn Siemsen and Donald Minegar. 3. Applicant is Larkspur, LLC. 4. The subject property is currently zoned R-4; however, there is a request for rezone to R-4, R-8 and L-O zones before the City Council. These zoning districts are defined 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 Larkspur Subdivision PP-O4-023 Page 1 of21 5. 6. 7. 8. 9. The subject property is within the city limits of the City of Meridian. The entire parcel 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: as single family residential, light office, and assisted living. There are no siguificant or scenic features of major importance that affect the consideration of this application. The Meridian Planning and Zoning Commission recoguizes that the proposed application is in compliance with the Meridian Comprehensive Plan. The City Council of the City of Meridian hereby approves the preliminary plat as requested by the applicant for the property described in the application, subject to the A. following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - PRELIMINARY PLAT 1. All landscaping will be required per the landscape plans submitted with the application. 2. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions of the Preliminary Plat. 3. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. An additional water main tie-in to the existing main in S. Meridian Road will be necessary to provide fire flows. Cover over the sanitary sewer shall be no less than three-feet from finish grade to the top of pipe. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. The preliminary plat shows two sanitary sewer services being extended to the existing residential homes on lots (Lots 1 and 2, Block I), however no FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-O4-023 4. Page 2 of21 service is shown to the existing mobile home behind the house on Lot 2, Block I. Please revise the preliminary plat to show how service is to be provided to the mobile home. GENERAL COMMENTS - PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to siguature on the final plat. 4. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-1O-8. 5. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the pedestrian pathway prior to the final plat being recorded. The instrument number for the easement shall be referenced on the final plat. The easement shall be sufficient width to cover the 20-foot wide pathway shown. The 10- foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the subdivision. Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the regional pathway surface located within the easement. 6. Two-Hundred-Fiftyand 100-wat, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Any streetlights shall be installed at subdivider's expense. Typicallocations 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 to commencing installations. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-O4-023 7. Page 3 of21 B. approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 8. 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 new off-street parking areas. All drainage water is to be maintained on-site. 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 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. 9. Please submit all updated groundwater/soils reports to the Public Works Department for review. Any 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. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12 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. 13 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. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fife protection for the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-O4-023 Page40f21 7. 1. 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. International Fire Code Appendix D. 2. 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. The fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. 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'. b. c. d. e. f. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum oftwo 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 (westleastlnortb/south). The two entrances shall be separated by no less than Yz the diagonal measurement of the project. 6. Commercial and office occupancies will require a fife-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average 0000' apart. The proposed multi-family lot has an estimated 98 units with a total estimated population of284 residents at build out The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-Q4-023 8. Page 5 of21 C. D. capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticorn 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. 10. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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 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 the 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-O4-023 Page 6 of21 E. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 32-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of ADDroval 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. 2. Construct a stub street at the south property line approximately 103-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". 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within 50-feet of right- of-way. 4. Construct Blackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right- of-way, as proposed. Construct Blackspur Way (from the proposed island within Blackspur Way to the south property line) as a 34- foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right- of- way, as proposed. Provide the District with an easement for the sidewalk that extends outside ofthe right-of-way. Submit a letter from the appropriate fire district allowing parking to remain on both sides of the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-O4-023 5. Page 7 of21 6. 7. 8. 9. 10. 11. 12. Construct an island within Blackspur Way, as proposed. Maintain a minimum ofa 21-foot street section on either side of the island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. Construct a 20 to 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 21O-feet east of State Highway 69 and lOS-feet west of the proposed commercial street, as proposed. Construct a driveway with a IS-foot curb radius (minimum). Construct a 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east of the proposed commercial street, as proposed. Construct the driveway with a IS-foot curb radius (minimum). Construct a 25-foot wide curb return type driveway that intersects the proposed commercial street approximately 250-feet south of Calderwood Drive, as proposed. Construct the driveway with a IS-foot curb radius (minimum). Comply with requirements of ITD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. Other than the access points that have specifically been approved with this application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. Comply with all Standard Conditions of Approval. Standard Conditions of ADDroval 1. 2. 3. Any existing irrigation facilities shall be relocated outside of the right-of- way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-O4-023 Page 8 of21 4. 5. 6. 7. 8. 9. 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. 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. 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. 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. 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. 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 calI 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-O4-023 Page90f21 F. Adopt the action of the City Council taken at their September 7,2004 meeting as follows: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access runs until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2, Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When this occurs, Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use, access will be provided from the commercial development on the North and/or access from future commercial development from the south. If the future development is residential then access would be allowed across Lot 20, Block 1. In both cases there will be cross access easements across Lots 1 and 2, Block I. Once the use has been determined for both Lots 1 and 2, Block 1, the developer may then utilize the unused access for development. For example if the use of Lots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5, Block 1, or some access from the south, then Lot 20, Block 1 would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street, Blackspur Way, across Lot 20, Block 1. At that time the access from Lot 5, Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block 1 is required before Lot 5 or Lot 20, Block 1 could become a buildable lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 10 of21 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 LARKSPUR SUBDIVISION, dated June 11, 2004, is hereby conditionally approved; and 2. A. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - PRELIMINARY PLAT 1. All landscaping will be required per the landscape plans submitted with the application. 2. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions of the Preliminary Plat. 3. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. An additional water main tie-in to the existing main in S. Meridian Road will be necessary to provide fire flows. Cover over the sanitary sewer shall be no less than three-feet from finish grade to the top of pipe. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. The preliminary plat shows two sanitary sewer services being extended to the existing residential homes on lots (Lots 1 and 2, Block 1), however no service is shown to the existing mobile home behind the house on Lot 2, Block 1. Please revise the preliminary plat to show how service is to be provided to the mobile home. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 11 of21 GENERAL COMMENTS - PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 4. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 5. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the pedestrian pathway prior to the final plat being recorded. The instrument number for the easement shall be referenced on the final plat. The easement shall be sufficient width to cover the 20-foot wide pathway shown. The 10- foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance ofthe first Certificate of Occupancy for any building within the subdivision. Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the regional pathway surface located within the easement. 6. Two-Hundred-Fiftyand 1O0-wat, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Any 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 from the Public Works Department prior to commencing installations. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 12 of21 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking areas. All drainage water is to be maintained on-site. 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 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. 9. Please submit all updated groundwater/soils reports to the Public Works Department for review. Any 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. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12 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. 13 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fire protection for the proposed project. 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 13 of21 hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. The fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 1 0' 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'. b. c. d. e. f. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. 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 (westleastlnortb/south). The two entrances shall be separated by no less than Yz the diagonal measurement of the project. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 7. The proposed multi-family 10t has an estimated 98 units with a total estimated population of 284 residents at build out The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capitål outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 8. Page 14 of21 C. D. 9. The fire department requests that any future signalization installed as the result of the development ofthis 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. 10. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). Adopt the Recommendations of Central District Health Department as follows: 4. 1. This proposal can be approved for central sewage and 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 En vironmenta 1 Quality. 3. Run-off is not to create a mosquito breeding problem. Storrnwater 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 the Nampa Meridian Irrigation District as follows: 2. 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 Larkspur Subdivision PP-04-O23 Page 15 of21 E. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 32-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Adopt the recommendations ofthe Ada County Highway District as follows: Site Specific Conditions of ADDroval 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. 2. Construct a stub street at the south property line approximately 103-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". 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within 50-feet of right- of-way. 4. Construct Blackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right- of-way, as proposed. 5. Construct Blackspur Way (from the proposed island within Blackspur Way to the south property line) as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete side3walks within 42-feet of right-of- way, as proposed. Provide the District with an easement for the sidewalk that extends outside ofthe right-of-way. Submit a letter from the appropriate fire district allowing parking to remain on both sides of the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 16 of21 2. 3. 6. Construct an island within Blackspur Way, as proposed. Maintain a minimum ofa 21-foot street section on either side of the island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 7. Construct a 20 to 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 210-feet east of State Highway 69 and lOS-feet west of the proposed commercial street, as proposed. Construct a driveway with a IS-foot curb radius (minimum). 8. Construct a 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east of the proposed commercial street, as proposed. Construct the driveway with a IS-foot curb radius (minimum). 9. Construct a 25-foot wide curb return type driveway that intersects the proposed commercial street approximately 250-feet south of Calderwood Drive, as proposed. Construct the driveway with a IS-foot curb radius (minimum). 10. Comply with requirements of ITD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 11. Other than the access points that have specifically been approved with this application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of ApDroval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of- way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 17 of21 4. 5. 6. 7. 8. 9. Utility street cuts in pavement less than five years old are not allowed nnless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 18 of21 F. Adopt the action ofthe City Council taken at their September 7, 2004 meeting as follows: stamped: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access runs until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2, Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When this occurs, Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use, access will be provided from the commercial development on the North and/or access from future commercial development from the south. If the future development is residential then access would be allowed across Lot 20, Block I. In both cases there will be cross access easements across Lots 1 and 2, Block 1. Once the use has been determined for both Lots 1 and 2, Block I, the developer may then utilize the unused access for development. For example if the use of Lots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5, Block I, or some access from the south, then Lot 20, Block 1 would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street, Blackspur Way, across Lot 20, Block 1. At that time the access from Lot 5, Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block I is required before Lot 5 or Lot 20, Block 1 could become a buildable 10t. The preliminary plat ofLARKSPUR SUBDIVISION, dated June 11,2004, and , and stamped: RECEIVED , CITY OF MERIDIAN CITY CLERK OFFICE, is hereby approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 19 of21 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the :2-1311--- day of ~~k- ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED$-A- VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYORTAMMYdeWEERD (TIE BREAKER) VOTED --- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 20 of21 Attest: BY&()..~~ 01"- City Clerk's Office Dated: /()-4-01 Z:\Work\MlMeridianlMeridian I 5360MlLarkspor II RZ 04 009 PP04-023 CUP 04-o25lLarkspur PP-04-023 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 21 of21