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Chatsworth Subdivision PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 19.40 Acres to R-8 and a Request for Preliminary Plat Approval of Seventy-Seven Building Lots and Four Other Lots on 19.40 Acres in a Proposed R-8 Zone for Chatsworth Subdivision, by Dyver Development, LLc. Case No(s). AZ-04-018, PP-04-025 RECEIVED OCT 0 7 2004 C~ty Of Meridian City Clerk Office For the City Council Hearing Date of: September 21, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the September 21, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). d. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City CQuncil heard and took oral and written testimony and duly considered the evidence and the record in this matter. c. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-0I8, PP-O4-025 - PAGE I 3. Application and Property Facts In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Dyver Development, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibits E and F for the findings required for each type of application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 06-09-04 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-0I8, PP-O4-025 - PAGE 2 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 that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.8 & C.) E. Notice ofFinal Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 the issuance or denial of the conditional use permit approval 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. F. Exhibits Exhibit A: Deed and Legal Description (3) Exhibit B: Exhibit C: Approved Site/Landscape Plan (3) Annexation and Zoning Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval Exhibit E: Exhibit F: Annexation and Zoning Findings Preliminary Plat Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-0I8, PP-O4-025 - PAGE 3 By action of the City Council at its regular meeting held on the 5.¡.h OtTobe!'" ,2004. day of COUNCILMAN SHAUN WARDLE VOTED~ rnTTNrTlM.'\,N ~IJ.J.]>1 IJ. ];IV VO'T'¡:¡g- COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. BY:~ ~Og!\.LJ Ity Clerk Dated: 10-12-04- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-0I8, PP-04-025 - PAGE 4 EXHIBIT A See Attached Deed and Legal Description (3 pages) SrI>TEOFIDAHO. CoumyofADA.",. on fhjs 2" day of JUne, In the YO" of;¡OO4, beitreme the1lJldorsJgood, oomry public per.oooIly appeared Jerry L. C&von..d MurielJ. Cavon known or _tilled to me.. be the pm... wbo.. """"" .... _0<1 :~:;~ ¡md acknowlodged~"'" Ibm they _d the ø¿"""" ~ ",;:'J"""......."",'-:. §~/ -. . .....~\ i ""; \<OT"'J/;. \~ \. ~ ~ * \ -.- h ~ '-T NotatyPublic ofidobo \~,l113L\Cj ¡ !\oeidingat ~:f l' .....'" ~O.." CommísJion oxpIros; '",;~ OF \1) to' ol'" ',........."." JUN.14.200410:55AM/ é( t..¡V/t.{if$" ~ -;... :~ 61.- '~J:S I: í It. =- .'. ;J Q) NO. 934 P 4 . -- A"""'C- PIONBER. TlfLB COMPANY OF ADA COUNTY 8151 W. Ij .......I>.../Boise,!daho 113704 (208) 377-2700 I ADA OOUNTY RI!I:ÐIIDER J. DAVID NAVARRO BOISE IDAHO 0fMU4 IM:Øf PM DEI'UI'Y ¡uanneMuupll ~=ED-REQum DF &MDII!lL.,6.00 wARRANTY DEED m InUlJllßlmllllUßIIm g ml 10406~373 For Vol.. Rocemd Jerry L. C.... oil: M..-io1 J- CaveD, husbmd ODd wife -- IOf"",d to as GJmb:It, do.. horoby gram:, bIrpiD, ..u, _1DI<1 convoy IIOto Dyvot Devoiopment¿ u.c h-_rofimodtoas_who.....-addIOssla~E. F_""¡J!nMIiœ 19,!lo!i4ieo,ID 83642 tbofi>1IDwiDgdascribcdpromisea, to-W!t: 1"11' ¡¡:. ()rJeI(.Ia#ICi! 17f4>u1l~ SEE EXHIBIT A I>TTACJmD amœTOAND MADE A PARTIlElU30F. To HI> VB AND TO HOLD the seid promIsos, - their ~..., the seid Grantee, bù hoiIS ¡md assign$ fotowr. ADd the seid GJmb:It does l1øreby"- to ¡md - the seid Gramee, that ~ Ia the <7WON 111100 simple of said premises; Ibm seid premis.. ... &eo from aII..."..ønmcos except """""' yom -. lov!as, ¡md ........-. ¡md ex<opt t.r.S. P- roaOlV8!ioos, -- .......... of_O1'4, 811Ò""""'" visible u¡>on 1he premises, and that Gramer will- aDd c1oónId tbø ..... ñ.... all claims -..ver. Dated: J- 2, 2004 ~.~ /7)LJu',..I~ (l.(¿ÆU>~) M..-io1 J. cav..v ConIdMÎ"!OII iØ 0&-11).06 ~in_.- 7- ~._!UN.14.200410:56f" \../ " H!tJ:&P fr NO, 934 , .. "EÌømITA ~ P. 5 ~.-" . I>porooi of1aD4J¡õog In m. SOUthhalfofthe N---ofSoodol1So, TOWIL!IIip 3 NOIIiI, Range 11!æt.,] ojso MoridiaD, Ada County, Idaho, 100.. part!œlarly ...,crib04 .. illlows; C~ atthe Soudwlst comer of the Northeast quart.. (the East -- oomor) ofSe<tion 30, Tovmsbip 3 NOIIiI, l\aop 1 East, Boise Moridiom; TIJoDo:e NordtOO ~ IS'58" Eost 381.43 *«1I0I18m. BastJlno of the NO11boast q=of ,aidS_SOto.polnt; TI1ooco SouIh 89 ...43'52" Wost33.oo footpœlIolwi!h!he Soulh liDo of !he Northeast quarterto 0 point on tho Wostorlyri!bt-of-woy JIno of Locust Grove Road, said poÌDì being the REAL POINr OF BEGINNING oi1llJs dasoriptioo; TI1ooco SouIh89 d_4S'22" W...:571.11 _to .polnt; TI1ooco SouIb.OO degrooo IS"9" W...381.3' foot'" a point em ill. _lIDo oftheNordt- qumœr; Tholl.. along the SOIIIh JIno Io;be N- quarter; Tholl.. SouIh 89 dogroos43'52"Woot 1035..0 *« ..apolnton m. Wootlinoofthe:Eas'halfof th. S_< UIftO1'ofllLo SOIIIh_--oftheN_1 UU1Or, '!hoooO NOItb 00 do- 00'0'" Eost661.18 foil 10 the -est ooœeroftheEasthalfofllLo SOIIIhout < UIftO1' of the _quarteroftheNordtoastl UU1Or, TI1ooco NOItb 89 dogroes43':22" Bast 1608.98 *« along the NOItb I!no of the S.utbhalf of the SOUth halfofdlo N- quarter'" apolntan the Woatorlyrigbkf-Naylino ofLooustGt-. Road; n.-. SOUIhOO ..._13"9" Wast 280.00 footpmllo!wid1theEastIino oftheNorIIIoast - iI!oogtho W_ly~1ino ofLooustGt-. Road the REALPOINr OF BEGllINING. . IDAHO SURVEY GROUP £'f ri-'Iß:Cr A (§) 1450 East Watertower St. Suite ISO Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 ,--------,---, Project No. 04-120 RUT to R-8 Proposed Chatsworth Subdivision June 14, 2004 A parcel ofland located in the South Y, ofthe South Y, of the NE Y. of Section 30, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 19, 20, 29, and the said Section 30, from which the Y. corner common to said Sections 29 and 30 bears South 00°14'19" West, 2645.60 feet; thence South 00°14'19" West, 1984.20 feet to the REAL POINT OF BEGINNING.. Thence continuing South 00°14'19" West, 279.95 feet; Thence South 89°42'09" West, 603.89 feet; Thence South 00°15'58" West, 381.14 feet to a point on the East-West mid-section line; Thence along said line South 89°43'55" West, 1035.14 feet; Thence North 00°00'34" East, 661.03 feet to a point on the N()rth line of the South Y, of the South Y, of the NE Y.; Thence along said line North 89°43'10" East, 1641.82 feet to the Point of Beginning. Containing 19.62 acres, more or less. . Prepared By: Idaho Survey Group, P.C. , :fp-~~ /L : JUN2 8 2OO't MERIDlAHPUeuc woRiKS OEPT. Professional Land Surveyors EXHIBIT B See Attached Site/Landscape Plan (3 Pages) , 111I iillllill 1/1.... 12' 111lI:¡1!!1111lI ,1" illd!II/!:!: Ii II I III/'. i"",.......".t" II II II i I' : 11'1 II! I'll! ,I I ' ~%1 ø OJ . :. R.ft " di f R%-. o. zl ~ l~) j;~~c\¡' --- "oJ ¡¡¡;~ è. ~~~'1¡, " 0' - ~Õll H nZr "I i ) "Ii" ..¡ !!g if -, -,- I! ~ ra t:: dš ~ ièfs. ~ lis ., !-, E !Ii '" Ii ~ "" ~I- -0 -0 , N CAVEN SUBDIVISION MERIDIAN, IDAHO ~ ,.. ?~ ~ f) "'0 "E '> :6 ~(I) ~ ¡~ '\ ! d r I ¡ I ¡ ~~ "--",,, TEE lAND GROUP, INC. I ¡¡I I , . , ¡ ii '.'~:~::'::-..,,".~ . .,-.--- ~ f"", g. 'f:.:f3IIl:i-f:t'.':!c.7.,.~, ~ . > > . .-0;;;;;.,,--- ¡ ~ CAVEN SUBDIVISION MERIDIAN, IDAHO ~7. ~ f ¡!II EXHmIT C The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Coinments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: 1. The legal description submitted with the application (dated 1-23-04, stamped by D. Terry Peugh) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel 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. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. EXHffilT D The City Council of the 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify Site Specific Condition of Approval #8 on page II of the staff report by requiring that a gate at the stub street, East Pisa Street, be installed the full width of the street. B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All conditions of the Annexation and Zoning (AZ-04-018) application shall also be considered conditions of the Preliminary Plat (PP-04-025). 2. Dedicate (or preserve) Locust Grove Road right-of-way i.n accordance with ACHD's requirements and provide a 25-foot wide landscape buffer along Locust Grove Road in accordance with MCC, outside of the ultimate right-of-way. The required street buffer along Locust Grove Road shall include 25-feet of landscaping. If the sidewalk along Locust Grove Road is constructed in the required landscape buffer lot as proposed, the width of the landscápe buffer common lot shall be at least 30-feet wide to provide a full 25-feet of landscaping. The Chatsworth Homeowners' Association shall be responsible for maintaining said landscaping along Locust Grove Road. 3. Utilize common driveways for Lots 3-6, Block 5, and for Lots 12-15, Block 5. In accordance with MCC 11-9-1, the public street frontage for Lots 4,5, 13, and 14, Block 5, may be reduced to 10-feet. Common drives serving 3 or 4 dwelling units shall be constructed a minimum of 24-feet wide, with crushed gra"el and asphaltic concrete paving. Any portion of the flag lots for Lots 4, 5, 13, and 14, Block 5 that are beyond the 24-foot wide driveway surface shall be landscaped. A note shall be placed on the face of the final plat stating the purpose of the common driveway easements and who is to be responsible for maintenance thereof. No parking signs shall be installed on the 2 proposed common driveways. Coordinate the location of the required signage with the Meridian Fire Department. 4. Prior to signature of the final plat by the City Engineer, vacate the 30-foot wide, east- west easement that bisects the property. - 5. The applicant has not indicated who will own and operate. the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City' of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 6. 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 MCC 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 not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 7. The submitted landscape plan prepared by The Land Group, Inc., Project Number 04096, dated 6-8-04 is approved with the following notes: . The street buffer along Locust Grove Road shall be shown in accordance with Site Specific Condition #2 above. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. . All areas being counted toward the 5% open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance, 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. 8. A detailed fencing plan shall be submitted upon application of the final plat. Ifpermanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. A gate at the stub street, East Pisa Street, shall be installed the full width of the street. 9. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes (measured off of the center line of the street). The two entrances shall be separated by no less than Y:z the diagonal measurement .of the project. Prior to issuance of the 51st building permit, a Fire Department approved secondary emergency access point to the site shall be provided. 10. Parking on Tiber Drive, where the street section is proposed at 33-feet (back-of-curb to back-of-curb) shall be limited to one side. Paint the curb red and install "No Parking" signs on one side of the bulb-out (Lot I, Block 3) on Tiber Drive. 11. In accordance with MCC 4-1-I1.BA, the trash receptacles for Lots 3-6, and 12-15, Block 5, shall be located no more than five (5) feet behind the sidewalk for the adjacent street. SSC will not provide trash pick-up services utilizing the common driveway. The trash receptacle(s) shall not cause a nuisance and shall be enclosed. 12. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant has preliminarily designed the sewer to flow out through the proposed Rose1eaf Subdivision instead of flowing out to the existing trunk in Locust Grove. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fOnDS of easements, for any mains that are required to provide service. 13. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonDS of easements, for any mains that are required to provide service. 14. Direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road. 15. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. All minimum lot sizes, structure setbacks, street frontage, and house size requirements shall be maintained. 16. Maintenance of all common areas shall be the responsibility of the Chatsworth Homeowners' Association. STANDARD CONDITIONS OF APPROVAL (PREliMINARY PLAT) 1. All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and. on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot. and block numbering. Make any corrections necessary to confonn. 4. A letterof credit or cash surety in thean::ount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the final plat application. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined 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. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 9. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all stonns up to and including a 100-year stonn events. Side slopes within drainage areas shall not exceed 3:1. Any portion 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 nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 10. The applicant shall coordinate mailbox locations with the Meridian Post Office. 11. 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. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiÝing engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 14. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 16. 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. 17. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. The applicant shall do one of the following regarding Locust Grove Road: a. Dedicate by donation a total of3S-feet from centerline (an additionailO-feet) of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct all of the internal streets as 36-foot street sections within 50-feet of right- of- way with rolled curb, gutter, and 5-foot concrete sidewalks, as proposed. 3. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes of this are required on the final plat. 4. Construct Claymont Street, the main entrance, to intersect Locust Grove Road approximately 285-feet south of the north property line (measured property line to centerline). 5. Construct Sartreano Avenue as a stub street connection to the north property line to connect to Roseleaf Subdivision. This roadway is located approximately 670-feet west of Locust Grove (measured centerline to centerline). 6. Construct S. Chatsworth Avenue to the south property line as a stub street to the 23-acre parcel. This street shall be located approximately 520-feet (measured centerliIie to centerline) east of the west property line. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7. Construct E. Pisa Street to the east property line as a stub street to the 4.99-acre parcel. This street shall be located approximately 125-feet north of the south property line. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 8. Construct a stub street to the west property line. This street shall not be aligned with E. Tiber Drive. The stub street shall be located centrally between E. Tiber Drive and E. Pisa Street, intersecting with Bigham Avenue. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 9. Provide two traffic calming devices (chokers, stamped concrete pedestrian crossing, landscaped median, etc.) on E. Tiber Drive: one located at the intersection with S. Sartreano A venue and one located at the intersection with S. Chatsworth Avenue OR provide a choker on E. Tiber Drive centrally located between S. Chatsworth A venue and S. Sartreano Avenue. The applicant shall coordinate the exact location and design with District Traffic Services Staff. 10. Other than the access that is specifically approved with this application, direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 11. 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 me 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 DlGLINE (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 ef:lèct at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Final Approval of the fire l;1ydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 lh" outlet 1àce 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'. 2. 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. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. All entrance and internal roads shall have a turrIing radius of 28' inside and 48' outside. 5. ,The roads 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 a 33' street width shall have parking onlv on one side (portion of Tiber Drive. near Locust Grove Road). No Parking signs and red-painted curbs will be required. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. A minimum of two points of access will be reQuired for anv portion of the project. which serves more than 50 homes. This shall be measured off of the center line of the street. The two entrances shall be separated by no less than Yo the diagonal measurement of the project. 9. The proposed 77-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of223 residents at build out. 10. 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 capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. II. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 12. No Parking signs and painted curbs will be required for all Fire Lanes. No parking signs shall be installed on the 2 proposed common drivewavs.Coordinate the location of the reQuired signage with the Meridian Fire Department. E. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 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. F. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. The Preliminary Plat indicates that pressure irrigation will be supplied. IfNampa & Meridian Irrigation District is to own and operate the system a Land Use Change Application will be required. If the District is not to own and operate it than there will be no impact on the District by this proposed development and no further review is necessary. G. Adopt the Recommendations of the Sanitary Services Company as follows: I. In accordance with MCC 4-I-ll.B.4. the trash receptacles for Lots 3-6. and 12-15- Block 5 shall be located no more than five (5) feet behind the sidewalk for the adjacent street. SSC will not provide trash pick-up services utilizing the common driveway. The trash receptacle(s) shall not cause a nuisance and shall be enclosed. EXHmIT E The City Council hereby approves the following analysis of required findings by staff: ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11. General Standards Applicable to Zoning Amendments. both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " Thefollowing is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation. R-8. is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Chatsworth Subdivision is 3.97 dwelling units per acre. The Future Land Use Map shows a future community park in this square mile. However, the Parks Department is not seeking to acquire any land from the applicant. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. There are several large, undeveloped county parcels to the west and south of this land and additional annexation/rezone requests are anticipated on these parcels in the future. - c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means .of conditional use permits; Staff finds that the proposed single-family residential subdivision would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land would be developed in lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land directly north and east of the subject property is annexed and approved for development similar to the proposed subdivision (Roseleaf Subdivision and Tuscany Lakes Subdivision). Tuscany Village Subdivision and Sageland Subdivision were also recently approved residential developments in thè area. Tuscany Lakes Subdivision is located near the southwest corner of Locust Grove Road and Victory Road and Sageland Subdivision is on the northeast corner of Locust Grove Road and Victory Road. The majority of Section 30, Township 3 North, Range I East is designated for residential development similar to the proposed project. This is the third annexation application the City has processed within the northeast quarter of Section 30. Locust Grove Road is designated as a Section Line Road on the Functional Street Classification Map. This section of Locust Grove Road abutting the site is not currently programmed within ACHD's Five Year Work Program or Capital Improvement Program for roadway improvements. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. Staff finds that the proposed R-8 zoning and subsequent single-family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of . the subject development on the existing character of the area (agricultural), staff finds that the impact is consistent with the intended character of the area; a mix of low and medium density residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous as long as landscaping, fencing and the other conditions outlined in this report are complied with and construction traffic and house construction is conducted in a G. manner consistent with City Code. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer and water to serve this development is currently available in Locust Grove Road, however, the applicant has preliminarily designed the sewer to flow out through the proposed Roseleaf Subdivision. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. On August II, 2004, the ACHD Commission approved this development with site-specific and standard conditions. Please review the ACHD report for additional information regarding this finding. On July 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. A concern about secondary emergency access to this site has been raised by the Meridian Fire Department. See Site Specific Condition #9 in the Preliminary Plat section of this report, and the detailed comments and conditions from agencies attending the comments meeting at the end of this report. Staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by the Meridian Police and Fire Departments, or any other public service provider, regarding their ability to adequately service this project. NOTE: Sanitary Service Company (SSe) will not enter privately owned common driveways in residential subdivisions to pick-up trash. MCC 4-l-1I.BA requires all trash cans "be placed as close to the curb as possible, or in alleys if the property has alley access. The solid waste containers shall be clear of pedestrian and vehicular traffic at all times. Solid waste containers shall be clearly visible and accessible to the waste collection personnel and free from obstructions including, but not limited to, trees, shrubbery, fences, vehicles, and walls." The impact of this ordinance on Lots 12-15, and Lots 3-6, Block 5, is that property owners will have to haul their trash cans from the residence to the public street. SSC is requesting a condition that all trash cans for Lots 3-6, and 12-15, Block 5, be placed no more than five (5) feet behind the sidewalk off the adjacent public street. (See Preliminary Plat Site Specific Condition #11) H; Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of I. J. the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the rezone will not. be detrimental to the community's economic welfare. Will -the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed annexation- and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. ACHD projects this development will generate 760 additional vehicle trips per day. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The location of the proposed new entry road, Tiber Drive, has been approved by ACHD. Tiber Drive is located approximately 285-feet from the Tuscany Lakes Subdivision entry road (palermo Drive) on the east side of Locust Grove Road. Further, the applicant is proposing to extend a stub street from Roseleaf Subdivision to provide access to the site, limiting the amount of interference with traffic on surrounding classified streets. If the two proposed vehicular approaches are constructed as approved by ACHD, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public jùnds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan (medium density residential). The land east and north of the subject property has already been annexed and this is a logical expansion of existing zoning and land uses. In accordance with the findings listed above,stafffinds that the annexation/rezone of this property would be in the best interest of the City. EXHmIT F The City Council hereby approves the following analysis of required findings by staff: PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed densIty, 3.97 dwelling units per acre (gross), is in compliance with the land use classification, medium density residential, noted on the map. B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public Îmancial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e. police, fire, ACHD, etc) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware.