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HomeMy WebLinkAboutVentana Subdivision REV PP RECEIVED JAN 0 7 2005 City Of Meridian City Clerk Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL P & Z Commission Date of Recommendation: December 2, 2004 Project Name: Ventana Subdivision Case No(s): AZ-04-017, PP-04-026, CUP-04-028 Applicant: G.L. Voigt Development Company. A. Recommendation: Approve with conditions (all ayes - all applications) B. Summary of Public Hearing: [Note: On September 28, 2004, the City Council remanded the original Ventana applications to the P&Z Commission. The 12/2/04 P&Z public hearing was held on the revised preliminary plat and CUP Site Plan.] I. In favor: Becky McKay, Engineering Solutions (Applicant's Representative) 2. In opposition: None 3. Commenting: None 4. Staff presenting application: Brad Hawkins-Clark C. Key Issues of Discussion by Commission: 1. Common area redesign 2. Lack of transition lots from the north 3. Future middle school site pathway connection 4. Overall Density 5. Vehicular drop-off points 6. Fire Department access D. Key Commission Changes to Staff Recommendation: 1. None. E. Outstanding Issue(s) for City Council: I. The Planning and Zoning Commission asked the applicant to work with staff and the fire chief to temporarily provide an emergency access on the southern most lot of the block backing up to Meridian Road. The temporary access would designate a non- buildable lot in the first phase of development to provide emergency access to the southern portion of the subdivision. The temporarily non-buildable status of the lot would be removed upon development of phase two and continuation of the road system. Staff will work with the applicant prior to the Council's hearing. F. Preliminary Plat/CUP Site Plan I. Date ofPrelirninaryPlat reviewed by Commission: October 14, 2004 2. Date of CUP Site Plan reviewed by Commission: October 14, 2004 3. Date of Landscape Plan reviewed by Commission: October 15, 2004 G. Recommended Conditions of Approval (as amended by Commission, if applicable) Exhibit A - Annexation & Zoning Exhibit B - Preliminary Plat Exhibit C - Conditional Use Permit Exhibit D - ACHD Conditions Exhibit E - Central District Health Department Conditions Exhibit F - Irrigation District Conditions EXHmIT A Annexation and Zoning Conditions of Approval Ventana Subdivision AZ-04-019 ANNEXATION AND ZONING CONDITIONS OF APPROVAL 1. The legal description submitted with the application (stamped by D. Terry Peugh on 5-13-04) appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 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. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridiàn City Engineer prior to final plat signature. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. 3. EXHmIT B Preliminary Plat Ventana Subdivision (File PP-O4-026) [P&Z Commission approved the conditions of approval without changes] SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. Sanitary sewer service to this site shall be via main line extensions from the North Slough Trunk that is currently in the design stage by the City of Meridian. The applicant will be responsible for constructing the lateral sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. This proposed development is currently not serviceable by the City of Meridian's sanitary sewer system. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time frames outlined in Meridian City Ordinance. 2. Water service to this site shall be via a 16-inch main line extension from a main currently being designed by the City of Meridian. The City's project will extend water service up N. Meridian Road to McMillan. The applicant will be responsible for constructing the 16-inch diameter water mains to the mid-section line, and a 12-inch main to the north boundary line extended in Meridian Road, and a 12-inch diameter main through the development to the end of the stub street into Saguaro Canyon. All other mains through this proposed development shall be 8-inch diameter. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing water service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintain by the Ventana Home Owner's Association. Plans and specifications for the irrigation system 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 must be submitted prior to plan approval, and the applicant shall be subject to irrigation plan review fees. Underground year-round pressurized irrigation must be provided to all lots Ventana Snbdivision - PP-O4-026 - Exhibit B Page 1 o£1 8. within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. Prior to City Council approval of the final plat for Phase 4 (or whatever phase incorporates the piping of the North Slough), the applicant shall submit a written statement from Settlers Irrigation District to the P&Z Department clarifying the required easement width for the North Slough drain. Applicant shall meet the conditions of SID. 5. Revise the preliminary plat to add a minimum 15-foot wide micropath lot somewhere between Lot 11 and 14, Block 10 to increase connectivity to the common lot. Construct a 5-foot, asphalt or concrete micropath within the lot and landscape in accordance with MCC 12-13-15. 6. To enhance pedestrian safety, the final plat construction drawings for Phases I and 4 shall include some form of designated crosswalks at all locations where the 10-foot and 6-foot multi-use pathway crosses a public right-of-way, such as striping, pavers, or other alternative surface treatment. Said crosswalks shall be coordinated with and approved by Meridian P&Z and ACHD staff. 7. No fencing details are shown on the Landscape Plan for either the north or south boundary (Sheets PL-I thru PL-3). Prior to the City Council public hearing, the applicant shall coordinate with Joint School District No.2 on the type of fencing for this shared boundary and submit fencing details for both boundaries to the P&Z Department. A detailed fencing plan shall be submitted upon application of the final plat for each phase. The conceptual landscape plan submitted with the preliminary plat (Sheets PL-I thru PL-3, dated 6/15/04 by The Land Group) is approved with the following changes: a. The 6-foot dogear cedar fence around Lot I in Blocks 3, 5, 7, 10 and 11 and around Lot 21, Block 9 shall be constructed as either a "good neighbor fence" or orienting the vertical facing boards toward the public streets or as otherwise approved by the Zoning Administrator. b. The meandering sidewalk shown adjacent to N. Meridian Road is not approved at the 4-foot width shown. This sidewalk must be at least 5 feet wide. c. The play area shown on Lot 1, Block 3 is not approved in that location (see CUP/PD site specific conditions). d. As conceptually shown on Sheets PL-2 and PL-3, any stormwater retention swales in the Meridian Road street buffer shall be designed in Ventana Subdivision - PP-04-026 - Exhibit B Page 2 o£1 12. accordance with MCC 12-13-14. The use of any sand or cobble shall be designed as a dry creek bed or as otherwise approved by the Zoning Administrator. e. No trees will be allowed within the common lots that have sanitary sewer mains traversing through them. Relocate those trees show within these lots to other locations within the development. 9. All irrigation ditches, laterals or canals intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per MCC 12-4-13. Plans will need to be approved by Settlers Irrigation 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. Meridian City Code 12-4-13-B requires that tiled ditches have a sloped bar-grated inlet structure and access/cleanout boxes at a maximum of four hundred foot (400') spacing and at all angle points of the pipeline. The applicant shall address the access to each of these required structures, as some wi1l fall within the back yard of several lots. 10. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire subdivision frontage of Meridian Road and adjacent to the designated collector roadways. Coordinate sidewalk location with ACHD. 11. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to the first Certificate of Occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway (or 6-foot where the reduced pathway width is allowed). Buildings are precluded from constructing within this easement. The lO-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 phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. Any ACHD-required access driveways to serve stormwater areas that are located within required open space lots shall be shown on the detailed landscape plans Ventana Subdivision - PP-O4-026 - Exhibit B Page 3 of7 7. 8. 9. with each final plat. 13. Phasing for the overall project may be modified by staff level approval, provided written explanation of phasing changes are provided by the applicant and final plat approval request of said phases are contiguous to previously approved phases. GENERAL COMMENTS-PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 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 final plat. 4. AU micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropa,th Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of any proposed playground equipment. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-1O-8. 250 and 1O0-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. Please submit up to date groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate within a period of time not to exceed 24 hours for all storms up to and including a 1O0-year storm event. Side slopes within drainage areas shall not exceed 3:1. 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 Ventana Subdivision- PP-O4-026 - Exhibit B Page40f7 12. 13. that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 10. Developer sha11 coordinate mailbox locations with the Meridian Post Office. 11. Any existing domestic we11s and/or septic systems within this project wi11 have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. We11s may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for a11 building pads receiving engineered backfi11, where footing would sit atop fi11 material. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. SPECIAL CONSIDERATIONS - PRELIMINARY PLAT Status of Private Driveway on North Boundarv: As a point of information for the Commission. and Council regarding Ventana Subdivision, staff is including the fo11owing condition that was placed on Farw¡¡:st, LLC as part of the Saguaro Canyon Estates Development Agreement regarding the 24-foot gravel driveway on the north boundary of Ventana: "The 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as the five acre parcel is connected with a dedicated public road, built in fu11 compliance with ACHD's road bed, curb, gutter, sidewalk and other right-of-way standards sufficient to provide the five acre parcel in its current state, or as a re-subdivision with full public access. At that time, the 5-acre Boyack property sha11 either: I) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value." While the developer of Vent ana Subdivision has no control over the timing of when this condition may occur, staff believes the intent of the condition is to eliminate any possibility of the gravel driveway becoming a permanent and unsightly barrier between the Priddy parcel to the north and Ventana Subdivision. We believe some level of interconnectivity between these two properties as well as Saguaro Canyon should be planned and the stub street to the north helps to accommodate this north-south interconnection. North Slough. Irrigation Easement: The applicant is proposing to pipe and re-align the North Slough drain in the northeast comer of the property. The new gravity irrigation line would lie entirely within common lots. While the prescriptive easement is 40 feet, Settlers Irrigation District has not, to date, determined the ultimate easement width for the Ventana Subdivision - PP-O4-026 - Exhibit B Page 5 o£1 North Slough after it is piped. If the 40-foot easement width is retained, it appears two or three buildable lots may be impacted. The applicant will need to comply with Settlers Irrigation District requirements and, if applicable, amend the final plat for Phase 4. (See Site Specific Condition #4.) FIRE DEPARTMENT CONDITIONS 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 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. 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 comers. f. Fire hydrants shall not pave any vertical obstructions to outlets within 10'. 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 pennanent street signs are before combustible construction begins. required 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 two entrances shall be separated by no less than Y2 the diagonal measurement of the project. 6. Building setbacks shall be per the Building Code for one and two story construction. 7. The proposed 234-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. PARKS DEPARTMENT CONDITIONS Ventana Subdivision - PP-O4-026 - Exhibit B Page 6 o£1 1. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. Ventana Subdivision - PP-O4-026 - Exhibit B Pagê 7 o£1 6. EXHIBIT C Conditional Use Permit Ventana Subdivision (File CUP-O4-028) [P&Z Commission approved without changes.] SITE SPECIFIC CONDITIONS (Conditional Use Permit} 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least one of the required amenities within the development shall be located on Lot 1, Block 10. Applicant shall submit details of the amenities with each final plat application. 3. A condition of the CUP/PD shall be that the applicant participates in any road inITastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The applicant shall provide/construct the following amenities within the subdivision: a. A lO-foot wide (and 6-foot where otherwise approved), public, asphalt pathway, built as a continuous system from the intersection of Meridian Road and E. Tatum Drive and extending to the east property line (connecting to Saguaro Canyon Estates); b. Playground equipment, provided in Lot 1, Block 11; c. Over 10% of the gross area as open space; and d. A clubhouse with restrooms and a swimming pool. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part of this application: Lot Size- Citv ReQuirement R-8: 6,500 sq. ft. per lot Approved Lot Sizes 6,388 sq. ft. per lot Frontages- City ReQUirement 65' minimum Approved Minimum Frontaee 40' minimum Chord Length - Citv ReQuirement 40' minimum Approved Chord Length 35' minimum Block Length- Citv Requirement 1,000' maximum Approved Lem!ths 1,760' maximum (witb micropatb) 7. An areas being counted toward the 10% open space amenity shan be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 8. A Certificate of Zoning Compliance must be obtained for the clubhouse and pool prior to applying for building permits. FIRE DEPARTMENT CONDITIONS 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 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. 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 comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 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 before combustible construction begins. required 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 two entrances shall be separated by no less than Yo the diagonal measurement of the project. 6. Building setbacks shall be per the Building Code for one and two story construction. 7. The proposed 234-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 679 residents at build out. 8. All portions of the buildings located on this project must be within 150' of a paved surface. PARKS DEPARTMENT CONDITIONS I. Pathway and Trail standards: The Parks Department approves of the proposed 6- foot width for a portion of the multi-use path. The applicant shall coordinate construction of the pathway with the Meridian Public Works, P&Z and Parks Departments. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway, if built, must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. EXHmIT D Ada County Highway District Conditions Ventana Subdivision (File AZ-O4-017/PP-O4-026/CUP-O4-028) Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of35-feet of right-of-way from centerline (an additionailO-feet from centerline) along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian 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 Meridian 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 Meridian Road, located at the back edge of the existing right-of-way. Accomplish all jIecessary adjustments to properly accommodate existing drainage and utilities. 2. Construct East Tatum Drive to intersect Meridian Road at the property's north property line and align with the main entrance to Paramount Subdivision, as proposed. 3. Construct East Santiago Drive to intersect Meridian Road approximately 690-feet north ofthe south property line, as proposed. 4. Construct East Santiago Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk within 50-feet ofright-of- way. Front on housing and parking shall be prohibited on this roadway. 5. Construct East Tatum Drive (from Meridian Road to North Isla Way) as a residential collector with a 36-foot street section that includes vertical curb, gutter and 5-foot (attached or detached) concrete sidewalk on the north side of the roadway and vertical curb, gutter and a I O-concrete multi-use pathway on the south side of the roadway within 50-feet of right-of-way. Front on housing and parking shall be prohibited on this roadway. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of-way, as proposed. 7. Construct a new stub street to the north property line approximately 600-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway that states, "This roadway will be extended in the future." 8. Extend East Montevina Street into the site from the east property line approximately 940- feet north of the south property line, as proposed. 9. Construct three cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet for the turnarounds. 10. Construct Lot 18 and Lot 31 of Block 7 as pedestrian paths to the south property line, as proposed. 11. Construct Meridian Road to provide a minimum of 19-feet of pavement from the centerline of Meridian Road abutting the entire site. 12. Construct a minimum of 3 I-feet of pavement from the centerline of Meridian Road for the East Tatum Drive intersection and the East Santiago Drive intersection where the northbound right turn lanes were recommended by the submitted traffic impact study. 13. Other than the access points that have specifically been approved with this application, direct lot access to Meridian Road are prohibited. A note describing the access restriction to Meridian Road will be required on the final plat. 14. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. 2. 3. 4. 5. 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. 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. 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 aU 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 ofthis 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. EXHIBIT E Ventana Subdivision (File AZ-O4-017/PP-O4-026/CUP-O4-028) Central District Health Conditions of Approval 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. EXHIBIT F Ventana Subdivision (File AZ-O4-017/PP-O4-026/CUP-04-028) Settlers Irrigation District Conditions I. All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the North Slough Lateral and the Rosti Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting.