HomeMy WebLinkAboutMilliron Subdivision PP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Preliminary Plat Approval for Eighty-three (83) Single Family Residential
Building Lots and Five (5) Common Lots on 25.86 Acres in an Existing R-4 Zone for
Milliron Place Subdivision, by Dyver Development, LLC.
Case No. PP-04-034
For the City Council Hearing Date of: December 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.
The matters were duly considered by the City Council at the December 21,2004,
public hearing. The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction ofthe City of
Meridian were given full opportunity to express comments and submit evidence.
b.
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).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
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.
3. Application and Property Facts
a. 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
CITY OF MERIDIAN FINDINGS OF FACf, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O4-034 - PAGE I of 5
verified that the property owner(s) ofrecord at the time of issuance of these
findings are Ricky and Kathy Milliron of Meridian, Idaho.
4. Required Findings per Zoning and Subdivision Ordinances
a.
See Exhibit E for the findings required for the Preliminary Plat application.
B. Conclusions of Law
1. 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 (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 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 ITom 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 October 26, 2004 as shown in Exhibit B, and the Conditions of Approval in
Exhibit C. 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
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
dated October 26, 2004 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-04-034 - PAGE 2 of 5
2. The following modification to the site specific conditions for the Preliminary Plat were
made at the 12-21-04 City Council hearing;
a) Lots 7 - 20, Block 1 and Lots 1 - 4, Block 5 (the north and east boundaries)
shall have a minimum house size of 1,700 square feet per dwelling unit for
single story units and 1,900 square feet per dwelling unit for two story units.
b) The following perimeter fencing and landscaping requirements are hereby made
conditions of approval (as agreed to by the developer at the 12-21-04 City
Council public hearing):
i. Lots 7 - 17, Block 1 (north boundary) = 6-foot solid vinyl fence.
Desert-type landscaping (e.g. no irrigation) shall be installed north of
the fence on Lot 6, Block 1.
ii. Lots 17 - 20, Block 1 AND Lots 1 - 4, Block 5 (east boundary) = 4-
foot solid vinyl fence. The rear yards of said lots shall include a
minimum offour (4) trees, seven (7), 5-ga11on shrubs, and seven (7) 1-
gallon shrubs.
c) The applicant shall incorporate into the Milliron Subdivision Conditions,
Covenants and Restrictions the nine (9) bullet items pertaining to home
construction materials, fencing, pathways, landscaping and other areas
(entitled "Milliron Subdivision") and which is attached as Exhibit D to the
Findings of Fact and Conclusions of Law. All items shall be enforced as
written unless otherwise modified by the Site Specific Conditions in Exhibit
C.
3. 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 [mal
plat. After approval of fina1 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.B & C).
E. Notice of Final 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O4-034 - PAGE 3 of 5
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 approval may within twenty-eight (28) days after the date ofthis decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B:
Approved Preliminary Plat (10-26-04, with conditions)
Preliminary Plat Conditions of Approval (all agencies)
Exhibit C:
Exhibit D: Special Conditions Agreed Upon Between Golfview Estates HOA and Dyver
Development, LLC
Exhibit E:
Preliminary Plat Findings
By action of the city Council at its regular meeting held on the 1~ day of
J¡;?4Cf.A~ ' 20q.(. f7
COUNCIL MEMBER SHAUN WARDLE VOTED ~
VOTED-þ
VOTED æb~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED
Attest:
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By: . -i;~ Cl YYì. ~^ ß C f\I\ )
City Clerk's Office
Dated:
\-10-05
CITY OF MERIDIAN FINDINGS OF FACf, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O4-034 - PAGE 5 of 5
EXHffiIT A
Milliron Place Subdivision
Preliminary Plat
Legal Description
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IDAHO
SURVEY
GROUP
1450 EastWat""""" Sf.
Su"" ISO
Mericr""ldaho 83642
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-no (208) 846-8S70
Fax (208) 8114-S399
I'rcjeç No. 04-157-00
MiJIirou Subdivlsfou
August 11,2004
A parcel ofbmdlDeated in the SW Yo of the SW J4ofSoQ \on3, T. 3N., R.IW., BMi,
Ada Cotmly, Idaho, more parIÎcu1sriy described as follows: ~ at tho comer coDUl1on
to Sectioo 3, 4, 9 and 10 ofT. 3N., R. IW. from which the J4comercommoo to said Sectioos 3
and 10 bearS IOUIh 8'015 '27" I!&s1, 2644." feet;
Thcnœ South 89"15'27" EasI, 1023.4Heet to the SOUIbweat comer of Golf View Estates
No.4, ass""", isreoorded in Book 7J ofplats &tPage 7446, l'OCO1'II8òf Ada ColUlty, Idalro;
Ihooce aIoog tho West Jìne ofsaid StlbdivisiooNorth 00"45'31" EasI (teCIn<I North 00"45'06"
East), 45.00 reot to tho MAL POINT OF BEGINNING.
feel;
ThenceaIoogthoNotiluight--of-wayofW. ChenyLaoeNorth 89°15'¡0~ West, 10.30
Thence IOU9 reot oIoogthean: o!acurvc to tho loft, having a radius of5,71S.00 r.e~ a
cantrsI angle of l'OO'J2", and. kmS cOOn! bearing North 89"46'24" West, 101.69 reot;
Thence South 89"43'20" West, 461.70 feet;
Thonce 102,92 filftaIooglboatt ofacurve to therighl, having a radius of5¡685.00 reot,
a c--.t ansIeofl"lJ2'14", and akmgchord baaringNorth 89"4S'33"WoaI, 102.91 feet;
TMoce North 89"14'26" Wool, 289.25 feci;
Th..... North 2~'52" Wast, 33.96 feet 10 a point 00 the Bast right-of-way ofN. Black
Cat Road;
ThenceaIoog wdrighl-of.wayNatIh 00"37'42" I!&s1, 1811.14 r.ol;
1'hen.. NatIh 3'57'46" WO8I, 211168 feet;
ThcnœNorthO0"37'42" - 871.93 feet to a point ou thoSo.tb lin..fGolfView
-0 No. 5 Subdivision, as _eÚlreoorded in Book 72 ofJlIats aI Pap 7448, recorda of Ada
Cotmty, Idsho;
Professlona' Land Surveyors
Milliron Place Subdivision - PP-Q4-034 - Exhibit A
Page 1 of2
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Thence d~ sail! ri¡ht-of-W!!y along the South line of sail! subdivision South
89"22'28" East (ti:cord South 89"21 '59" East), 169.69 feet to the Initial Point of said
subdivision;
Theooe South 65'1 I '41" East, 428.02 feel (recom SouIh 65'UI'OO" East, 428.01 feel);
Thence South 63'10'10" East, 365.18 feet (-South 53'10'00" East, 365.00 feet);
Thence Sòuth 17'31'50" Eas~ 115.33. feet (..com South'Tr32'13"East, 115.27 feet) to
the southeast COM of sail! soÈdiV:ision, common to an exterior boundary angle point of said
Golf View Estate& No.4 SubdivUlon;
Thence aJongthe West!íoe ofsaid GolfVicw EstatcsNo. 4 S~bdivìsíon Soutb 00'45'31"
Wool (record Soulb 00'45'06" West). 923.84 feel to the Poinl: ofSeflÏtming. Cootaining 25.86
w;ma, 1IWTC or I....
Prepared By:
Idabo Survey Group, P.c.
D. Terry Peush
Milliron Place Subdivision - PP-O4-034 - Exhibit A
Page 2 of2
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EXHIBIT B
Preliminary Plat
APprovedpl ce Subdivision
Milliron a
(File PP-O4-034)
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EXHffiIT C
Preliminary Plat Conditions of Approval (All Agencies)
Milliron Place Subdivision
(File PP-O4-034)
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:
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The vacation of the existing Idaho Power Co. power line easement shall be
approved by all applicable agencies prior to the City Engineer signature of the
final plat for Phase 1.
2.
The minimum street ITontage for Lots 5 and 7, Block 1 shall be widened to a
minimum of 40 feet.
3.
Prior to City Engineer signature of the final plat, submit a copy of an executed
license agreement with Settlers Irrigation District that allows the encroachment of
the Settlers Canal, Milliron Lateral and the Stewart Lateral easements, unless
otherwise waived by the City Engineer.
4.
All fencing within the subdivision shall comply with MCC 12-4-10 and 12-13-15-
9, as applicable, unless otherwise required herein.
5.
The conceptual landscape plan submitted with the preliminary plat (Sheets L-l
thru L-2, dated 8/1/04 by The Land Group, Inc.) is approved with the following
changes:
a. Revise Lot 6, Block 1 to show a minimum of one deciduous tree per 35
lineal feet within the common lot. No evergreen or Class III trees are
permitted in this lot.
b. Where applicable, call out the type and height of perimeter fencing along
the north and east property lines.
c. At time of final plat, applicant/contractor shall ensure all trees are located
in such a manner as to not create a conflict with the gravity drainage line
shown in Lot 1, Block 6 and Lot 9, Block 5 (the Cherry Lane street
buffer).
6.
All areas being counted toward the 5% open space requirement shall be ITee 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 plans.
Milliron Place Subdivision - PP-O4-034 - Exhibit C
Pagelof8
7.
Please submit all up-to-date groundwater monitoring data to the Public Works
Department for review. The initial study indicates that groundwater may be a
factor. All 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 1O0-year storm event. Side slopes
within drainage areas shall not exceed 3:1. The project engineer should pay close
attention to the results of field studies determining the groundwater, soil type &
and characteristics during the design and construction phases. The engineer shall
be required to certify that the street centerline elevations are set a minimum of 3-
feet above the highest established normal groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least I-foot
above groundwater.
8.
Sanitary sewer service to this project will be ITom mains installed in N. Black Cat
Road. 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 forms of easements, for any mains that are required to provide
service.
Portions of this development shall be subject to latecomer's fees to reimburse
those responsible for extending sewer service into the area. Latecomer fees shall
be due and payable prior to signature on the final plat by the City Engineer.
9.
Domestic water service to this site shall be via main line extensions ITom 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 forms of easements, for any mains that
are required to provide service.
10.
The applicant has not indicated who will own and operate the pressurized
irrigation system within this development. Underground vear-round pressurized
irrigation must be provided to all lots within this development. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. 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.
Milliron Place Subdivision - PP-Q4-034 - Exhibit C
Page 2 of 8
11.
Lots 7 - 20, Block 1 and Lots 1 - 4, Block 5 shall have a minimum house size of
1,700 square feet per dwelling unit for single story units and 1,900 square feet per
dwelling unit for two story units.
12.
The following perimeter fencing and landscaping requirements are hereby made
conditions of approval (as agreed to by the developer at the 12-21-04 City
Council public hearing):
a. Lots 7 - 17, Block 1 (north boundary) = 6-foot solid vinyl fence. Desert-
type landscaping (e.g. no irrigation) shall be installed north of the fence on
Lot 6, Block 1.
b. Lots 17 - 20, Block 1 AND Lots 1 - 4, Block 5 (east boundary) = 4- foot
solid vinyl fence. The rear yards of said lots shall include a minimum of
four (4) trees, seven (7), 5-gallon shrubs, and seven (7) I-gallon shrubs.
13.
The applicant shall incorporate into the Milliron Subdivision Conditions,
Covenants and Restrictions the nine (9) bullet items pertaining to home
construction materials, fencing, pathways, landscaping and other areas (entitled
"Milliron Subdivision") and which is attached as Exhibit D to the Findings of
Fact and Conclusions of Law. All items shall be enforced as written unless
otherwise modified by the Site Specific Conditions in Exhibit C.
STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1.
All grading of the site shall be performed in conformance with MCC Il-l2-3H.
2.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3.
Please 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 conform.
4.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., 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-fiftyand one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
Milliron Place Subdivision - PP-O4-034 - Exhibil C
Page30f8
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 ti-om the Public Works
Department prior commencing installations.
8.
Any tree over 4" in caliper that is removed ITom 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.
Any existing domestic wells and/or septic systems within this project will have to
be removed ti-om 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.
10.
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.
11.
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.
ADA COUNTY HIGHWAY DISTRICT
A. Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet of right-of-way along Black Cat Road, and
construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a
minimum of 41- feet ITom the centerline ofthe right-of-way.
b, Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Black Cat Road, located a minimum of 41-feet ITom the
centerline ofthe 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 Black Cat 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 W. Milliron Drive, the main entrance, to intersect Black Cat Road 500-
feet south ofW. White Ash Drive (measured centerline to centerline), as
proposed.
Milliron Place Subdivision - PP-O4-034 - Exhibit C
Page40f8
3.
Construct W. Milliron Drive with vertical curb, gutter, and sidewalk from Black
Cat Road to N. Tessa Avenue, as proposed. Provide 2 I-foot street sections on
each side of the proposed landscape island on W. Milliron Drive at the
intersection with Black Cat Road.
4.
Construct all of the internal streets, with the exception ofW. Milliron Drive from
Black Cat Road to N. Tessa Avenue, as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter, and 5-foot concrete sidewalks, as proposed.
5.
Extend W. White Birch Drive into the site ITom the east property line, as
proposed.
6.
Close the existing residential driveway on Cherry Lane, located at the east
property line, to match the existing curb, gutter, and sidewalk.
7.
Any landscape islands or medians shall be a minimum of 4-feet in width, with a
maximum of 10-feet in width at the site entrance with Black Cat Road. The
applicant shall provide a 2 I-foot street section (back-of-curb to back-of-curb) on
each side ofthe landscape island. Any landscape islands or medians shall be
owned and maintained by the homeowner's association. Notes of this are
required on the final plat.
8.
Other than the access that is specifically approved with this application, direct lot
access to Black Cat Road and Cherry Lane is prohibited and shall be noted on the
final plat.
9.
The applicant met with District staff to discuss the additional access point (to
Cherry Lane) on October 22,2004. A roadway in alignment with Wales Avenue
meets District policy and District staff will approve an additional access point for
the proposed subdivision in alignment with Wales Avenue. (from October 22,
2004 letter by Lori Den Hartog, Planner IL ACHD)
10.
Comply with all Standard Conditions of Approval.
B.
ACHD 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 ITontages 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 ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
Milliron Place Subdivision - PP-O4-034 - Exhibit C
Page 5 of8
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the 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 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 ftom 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.
MERIDIAN FIRE DEPARTMENT
Milliron Place Subdivision - PP-04-034 - Exhibit C
Page 6 of8
1.
One and two family dwellings will require a fire-flow as required by the
International Dire Code. Fire hydrants shall be placed an average of 400' apart.
International Fire Code Appendix D.
2.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3.
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 corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
4. 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.
5. All entrance and internal roads shall have a turning radius of28.' inside radius and 48'
outside radius.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
7. 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.
8. The proposed 83 lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 241 residents at build out.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval ITom 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.
It is recommended that storm water be pre-treated prior to discharge to the
subsurface to prevent impact to ground water and surface water quality.
Milliron Place Subdivision - PP-O4-034 - Exhibit C
Page70f8
5.
The engineers and architects involved with the design of the subject project
should obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and surface
water degradation.
SETTLER'S IRRIGATION DISTRICT CONDITIONS
1.
All irrigation I drainage facilities along with their easements must be protected and
continue to function. The facilities involved are the Settler's Canal (30' easement),
Milliron Lateral (20' easement), and the Stewart Lateral (20' easement).
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, or within its easements.
4.
Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settler's 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. It has been indicated that 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.
7.
This property is also located within Settlers Irrigation District.
NAMPA MERIDIAN IRRIGATION DISTRICT CONDITIONS
1.
If all storm drainage is retained on site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required. However, if
any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires a Land Use Change Application be filed for review prior to final platting.
Please contact Donna Moore at 466-7861 for further information.
2.
All laterals and waste ways must be protected.
3.
The developer must comply with Idaho Code 31-3805.
4.
It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
Milliron Place Subdivision - PP-O4-034 - Exhibit C
Page8of8
EXHIBIT D
Milliron Place Subdivision
Preliminary Plat
Special Conditions (for CC&R's) Agreed Upon by
Golfview Estates Homeowner's Association
And
Dyver Development, LLC
(See page 2 of2)
Milliron Place Subdivision - PP-04-034 - Exhibit 0
Page 1 of2
-.-/
.J
Milliron Subdivision
. All houses shall have a tront yard light installed during construction.
The yard light 10 include a 60 watt bulb and a photocell.
. All roofing material 10 be 30 year black architectural composition
shinglès or greal<!r as approved by the architectural conttol committee.
. Roof pitch to be a minimumof6112 pitch.
. All houses 10 be COIIStructed using Masonite siding, stucco, brick,
concœte siding or equi,¡aJelll, no vinyl siding will be pennitted.
. Minimum house size to be 1400 square feot --pt on those lots along
the North and East property lines, then the mininwm home size to be
1600 square feet:.
. The rear lot line fimcing adjacent to the North and East property line
as well as 1hose lots that are adjacent 10 the park area 10 be restricted
to four foot height maximum, and 10 be vinyl material as approved by
the arcIûtecturaJ control committee.
. The pathway on the North and East property line is private property
and is owœd and mllinlained by Golf View Homeowners Association;
access trom Milliron Subdivision is prohibited.
. Rear)l1U'd Iandøeaping including grass and a minimum of one tree is
required 10 be Î2ISIa!Ied within six months of occupancy of the home.
. Front yard landsceping on all houses including the following
0 F rout yvd sod and U/lderground aptinkler system,
0 Two 2" caliper !leeS and five two galIou shrubs installed in the
from yard, all trees 10 have a three foot diameter tree ring
SUITOIIIIIiing the trees.
0 Corøør loIB to have an additional two 2" caliper trees installed
on the sIzeeI side of the house.
0 SIreet side -ing to be installed 00 alllolB within 60 days
ftom occupancy permit, (wing fencing on inIerior lots and wing
rencing plus - side rencing on comer lots). Wing fencing
10 be set bllek five feet ftom each corner of the tront of the
house and _side fencing 10 be instI¡\led 10 feel trom the
sidewalk.
Milliron Place Subdivision - PP-04-O34 - Exhibit D
Page 2 of2
EXHffiIT E
Preliminary Plat Findings
Milliron Place Subdivision
(File PP-04-034)
The City Council hereby approves the following analysis of required findings by staff:
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), which
designates the property as Medium Density Residential. The proposed density,
3.21 du/acre (gross), is in compliance with the land use classification. The
applicant's cover letter (ITom Shawn Nickel, dated August 13, 2004) lists six
specific policies from Chapter VI and VII that support the application.
b. The availability of public services to accommodate the proposed
development;
Staff finds that public services are available to accommodate the proposed
development if all conditions of approval are met by the applicant.
c. The continuity of the proposed development with the capital
improvement program;
Staff finds that construction of the subdivision will not require the expenditure of
capital improvement funds. All major inITastructure improvements are being
funded by the developer.
d. The public fmancial capability of gUPporting 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.
However, representatives from Meridian Fire Department and Meridian Parks &
Recreation Department attended the agency comments meeting on September 24,
Milliron Place Subdivision - PP-04-034 - Exhibit E
Page I of2
2004 and recommended approval of the subdivision with conditions (noted
below). Staff also finds that municipal sewer and water services are adjacent to
the subject property and available to serve the subdivision.
e. The other health, safety or environmental problems that may be brought
to the Commission's attention.
Staff does not find any other health, safety or environmental problems present on
the subject property at this time.
Milliron Place Subdivision - PP-O4-034 - Exhibit E
Page 2 of2