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HomeMy WebLinkAboutSommersby Subdivision PP-04-035 CUP-04-040 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Sixty-two (62) Buildable Lots and Six (6) Common/Other Lots on 12.731 Acres in Existing L-O and R-15 Zones, AND Conditional Use Permit Approval for a Planned Development for Reductions to Minimum Requirements for Lot Size, Street Frontage, Setbacks and Increased Lot Coverage, by Confluence Management, LLC. --- Case Nos. PP-04-035, CUP-04-040 -For the City Council Hearing Date of: January 4, 2005 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 matters were duly considered by the City Council at the January 4,2005, 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). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-O4-035 AND CUP-O4-040 - PAGE 1 of 5 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Commission 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 are David S. and Shirley A. Fuller. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit F for the findings required for the Preliminary Plat application. b. See Exhibit G for the findings required for the Conditional Use Permit 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 Çity 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 revised Preliminary Plat dated December 3, 2004 as shown in Exhibit B, the revised CUP Site Plan dated December 9, 2004 as shown in Exhibit C, and the Conditions of Approval in Exhibits D and E. 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 NOS. PP-O4-035 AND CUP-O4-Q40 - PAGE 2 of 5 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 December 3, 2004 is hereby conditionally approved; 2. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated December 9,2004; 3. The following modifications to site specific conditions were made at the City Council hearing; a. Preliminarv Plat lPP-04-035) i. Amend Condition #2.a. as follows - "Show the 25-foot wide N. Ten Mile and W. Pine Ave. street buffers in a separate-landscaDe easement 6eB1ffiÐß let aaà Bet an easeæeßt, aeliac6ft1: Ie the reaiàeatiallets aBly. " ii. Add a new site specific condition #12 - "The developer shall construct a free- standing sign at each of the main entrances that graphically depicts the building layout of the subdivision and the approved addresses clearly labeled on each building." iii. Add a new site specific condition #13 - "All of the office buildings shall be addressed off ofN. Ten Mile Road with standard addressing and all of the multi- family units shall be addressed off of W. Pine Avenue with a sequential numbering, or as otherwise determined by the Meridian Fire Department and Ada County Street Name Committee." b. Conditional Use Permit (CUP-04-040) i. Add a new site specific condition #14 - "No more than nine (9) attached single family dwelling units and eight (8) multi-family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten MilelPine Avenue intersection project are complete." 4. The site specific and standard conditions of approval are as shown in Exhibits D and E. D. Notice of Applicable Time Limits I. 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.B & C). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-O4-035 AND CUP-O4-040 - PAGE 3 of 5 2. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and cornmence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year ITom the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC 11-17-4.B.). 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. 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: Exhibit B: Legal Description Approved Preliminary Plat Exhibit C: Approved CUP Site Plan Preliminary Plat Conditions of Approval (all agencies) Exhibit D: Exhibit E: Conditional Use Permit Conditions of Approval (all agencies) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-O4-035 AND CUP-O4-040 - PAGE 4 of 5 Exhibit F: Preliminary Plat Findings Exhibit G: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the ! ø~ day of <7di'l//Æ.d/:-j-,2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED* VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ ----- MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED- Attest: and City Attorney. By: j!\hO m ~ ()U\..; City Clerk's Office Dated: \ - 24-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. PP-04-035 AND CUP-O4-040 - PAGE 5 of 5 EXHffiIT A Legal Description Sommersby Subdivision PP-O4-035 .,..., Boundary Apareel oflaod as sbown onReoord ofSorvey No. I9SI BÏIIIaIod in a portion of the sin oflllo NWI/4 of SectIon II T.3N., R.IW., B.M., Ada County, \døbpSDd being more particuJariy described .. follows; BEOINNINGaia bms cap IQ¡Iddng the WI/4comerofsaid Sedioo, thence aIongthe West line of said NW1I4 NOO"25'2T'E odistarn:e of699.89 feet to 0518 inchrebar from wIùch 0 brasS cap marking the NW comer of said SectIon beam NOO"25'27"E 0 distance of I 956.53feet; Thence leaving said -oalino S87"35'23"E a distaQce of 5()7.94 feet to - 5/8 inch rebar; Thence N80040'4S"E - distance of 344.45 feel to a point; Thence 861"01 '2T'E-disIanoe of 14.33 feel to -point; Thence SOO"49'~"W od~of7J9.62 feet to- 5/8 itu>hœbar; Thence aIons tI1e South 1ine ofsaid NWI/4 N89"IO'ST'W - diItance of854.64 feet to the POINT OF BEOINNING. Said pareeI containa 13.83...... more or Iesa and is subject to all existing-and risbts-of-way ofmor¡] or itnpHed. ._~/ , ..,.} -./ Thenœ S 0'13'29" Walong said eas1erIy boundlVY IS cIistIInce 01 826..98 1eet to the POINT OF BEGINNING: This parcel contains 7.16 - and is subje<:lto any easemeljlsexisling or in use. CUnIQn W. HamMill, PLS Land Solutions, P.C. Saplember 14, 2004 EXHIBIT B Preliminary Plat Sommersby Subdivision (File PP-04-035) 'f,."hIJJl'f ¡-"I-Or" ~ -_0_- --'-- ,-- ~-:c~ :.::;-;- - ---- - -..-- --- ---- -- ---- __-Om ---- --..--- ----- "E""..--- u'" ---.- n--- --- ""'i"":::"';.:; ~~i'! ~-i!i!l! ~,,:;:-l --- ~ _.!o. co, ~ì'" . 1:1; ¡ill ~1;1¡¡i ~ ¡¡¡¡¡ '1' ¡ ! !'~ !I¡¡¡ , , , ~iiì ! ~~! "I §Iii,.! i~!!-" !!!sl': It~, ¡ lip I Ii I -- __PRE EXHmIT C Site Plan Sommersby CUP (File CUP-04-040) -<----"- IWí HI! ji/r ... _:.' . M',¡i¡ ¡¡I¡¡ff r-"- - ~",'. - - - ~:::.. ....:":':5;.---;"'~-:" -~"- -----.,..... ,-- ,::,!-¡;:;'5'- -=='¡':¡ i!i.'.'i'.!S ~ .1 I'll "¡!il, .. , -~:=:= ""':'=- -==:.:::: -- "" -.--- ~ --".- ----- --- - ---- -~.--- --- ---- -- ---- ------ ----- '""",30.--- -T- == PO 'j3 vi $.J.cI SP I-"I-O~ EXHIBIT D Preliminary Plat Sommersby Subdivision (File PP-04-035) SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All applicable conditions of the Sommersby CUPIPD application (CUP-04-040) shall also be considered conditions of the Preliminary Plat (PP-04-035). 2. Applicant shall make the following modifications to the preliminary plat (Sheet I of 1 by Engineering Solutions) and submit ten (10) copies of a revised plat at least ten (10) days prior to the next public hearing for this application: a. Show the 25-foot wide N. Ten Mile and W. Pine Ave. street buffers in a separate landscape easement (to allow the office lots to be addressed off ofN. Ten Mile Rd.). b. Widen Lots 21 and 31, Block I to a minimum width of25 feet; c. Add minimum 5-foot wide pedestrian easements between Lots 64 and 65, Lots 62 and 63 and Lots 59 and 60 to accornmodate the pathways shown on Sheet LS-Ileading to Lot 55; 3. Provide a cross-access easement for all of the lots within the subdivision to utilize the drive aisles (Lot 28, Block I) as access to N. Ten Mile Road and W. Pine Ave.. 4. Applicant shall include a temporary emergency turnaround with the final plat on Lot 14, Block I and Lot 4, Block 2. 5. The preliminary Landscape Planting Plan (Sheet LS-l, dated 12/14/04_by Harvest Design, P.C.) is approved with the following changes: a. MCC 12-13-12-3 requires the 20-foot buffer between the multi-family lots on the north boundary and the single family lots in Thunder Creek be planted to result in an effective barrier within three (3) years and be maintained such that 60% or more of the vertical surface is closed. The landscape architect shall review the number and species of planting materials within this buffer and revise accordingly with the final plat application. b. Revise the plan to replace at least three (3) of the W. Pine Ave. buffer deciduous trees with evergreen trees to enhance sound buffering year round for the four-plex units backing up to W. Pine Ave. c. Revise the plan to show a non-combustible fence within the 30-foot NMID Eightmile Lateral easement in the northeast corner. A Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-O4-035 - Exhibit D Page I of 10 permanent fence shall also be constructed on the south easement line of the Eightrnile Lateral. d. Note #9. says all existing trees on the property are proposed for removal. The detailed landscape plan submitted with the final plat application shall include Note #13.D regarding mitigation and call-out which new trees on the site are counting toward the mitigation requirement. 6. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-IO.F.3). If no permanent fencing is provided on the perimeter of the subdivision, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. 7. CC&R's shall be recorded for Sommersby Subdivision which outline maintenance responsibilities for all common lots and establish minimum design, construction and maintenance standards for the office and multi-family buildings. Maintenance of all common areas shall be the responsibility of the Sommersby Lot Owner's Association. 8. With the exception of the Ten Mile Sub Drain (which will remain open until such time as ACHD completes construction of the Ten MilelPine intersection improvements) and the Eight Mile Lateral, the Applicant is required to tile or cover any other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private 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. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 2 of 10 11. 12. 13. 10. Staff finds that the applicants engineer has demonstrated that the project can be provided sanitary sewer service to the existing mains adjacent to the project site. The existing sewer mains in both W, Pine Ave and adjacent to the Nine Mile Drain are quite shallow, however the applicants engineer has demonstrated that minimum cover (3 feet ITom top of pipe to finish grade) can be achieved via placing fill in the lower areas of the project. Sewer and water service shall be via main line extension ITom the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. This applicant shall be subject to paying sanitary sewer latecomers fees for each developed lot at the time of building permit issuance. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Prior to the first Certificate of Occupancy for any multi-family unit, the developer shall construct a ITee-standing sign at each of the main entrances that graphically depicts the building layout of the subdivision and the approved addresses clearly labeled on each building. All of the office buildings shall be addressed off of N. Ten Mile Road with standard addressing and all of the multi-family units shall be addressed off ofW. Pine Avenue with a sequential numbering, or as otherwise determined by the Meridian Fire Department and Ada County Street Name Committee. STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Sommersby Subdivision Findings of Fact and Conclusions of Law- PP-04-035 - Exhibit D Page 3 of 10 2. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc, that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with the changes noted within this staff report, shall be submitted for the subdivision with the final plat application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12- 5-3). 5, Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ITom the Public Works Department prior cornmencing installations. 6. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results 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. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-O4-035 - Exhibit D Page4of10 10. 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. 11. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. ADA COUNTY HIGHWAY DISTRICT A. 2. 3. 4. 5. Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way ITom the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs ftrst. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. Dedicate the right-of-way triangle at the northeast corner ofthe intersection of Ten Mile Road and Pine Road abutting the site to accommodate the intersection radius and pedestrian ramp. Dedicate 35-feet of right-of-way ITom the centerline of Pine A venue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material, The owner will not be compensated for this additional right-of-way because Pine A venue is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. Construct a 5-foot wide detached concrete sidewalk abutting the site on Ten Mile Road located outside of the ultimate right-of-way (48-feet ITom centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside of the public right-of-way. Construct a 5-foot wide detached concrete sidewalk abutting the site on Pine Avenue located outside of the ultimate right-of-way (35-feet ITom centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside of the public right-of-way. Sonunersby Subdivision Findings of Fact and Conclusions of Law- PP-04-035 - Exhibit D Page 5 of 10 9. 12. B. 1. 6. Provide the District with a road trust deposit for the required improvements abutting the site on Pine Avenue, including pavement widening, curb, and gutter, in the amount of $24,000. 7. Extend Lightning Place into the site ITom the north property line and cul-de-sac the roadway, as proposed. Construct that roadway as a 36-foot street section with curb, gutter, and 5-foot concrete sidewalks, and a minimum cul-de-sac radius of 45-feet. Provide a pedestrian pathway ITom the internal private road to the Lightning Place cul-de-sac, as proposed. 8. Construct a private road intersecting Pine Avenue in alignment with an approved roadway for the Courtyards Subdivision on the south side of Pine Avenue (approximately 420-feet east of the intersection). Pave the private roadway a minimum of20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Pine Avenue and install pavement tapers with IS-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Construct a private road intersecting Ten Mile Road in alignment with Acarrera Court. This proposal meets District policy and should be approved with this application. Pave the private roadway a minimum of20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement ofTen Mile Road and install pavement tapers with IS-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 10. Extend Gray Cloud Way into the site ITom the north property line and construct it over to the east property as a stub street. Install a sign at the eastern terminus of Gray Cloud Way that states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Provide a pedestrian pathway ITom the internal private road to Gray Cloud Way. Only Lots 1-4, Block 2 shall have access to Gray Cloud Way. 11. Other than the access that is specifically approved with this application, direct lot access to Ten Mile Road and Pine Avenue is prohibited and shall be noted on the final plat. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 6 of 10 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 of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 confurnation of any change ITom 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 Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-O4-035 - Exhibit D Page 7 of 10 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. SANITARY SERVICES COMPANY (SSC) I. Applicant will need to provide additional trash enclosures within the office and multi- family portion of the subdivision. Coordinate the size and locations with SSC prior to a Certificate of Zoning Compliance being issued on the property, 2. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in ITont of it. 3. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. MERIDIAN FIRE DEPARTMENT 1. The public street cul-de-sac (N. Lightning Place) shall provide a minimum 96-foot face- to-face diameter to meet International Fire Code. 2. This development will likely need to comply with the 2003 International Fire Code in effect at the time of building permit submission, which requires the 4-plex and 8-plex structures to contain fire sprinklers in the buildings. 3. 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 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," 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'. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Provide a 20' wide Fire Lane for all internal & external roadways. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-O4-035 - Exhibit D Page8ofi0 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 11. The proposed multi-family development has an estimated 132 units with a total estimated population of 352 residents at build out. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. The fire department requests that any future signalization installed as the result ofthe 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 13. Maintain a separation of5' ITom the building to the dumpster enclosure. 14, Provide a Knoxbox entry system for the office complex (not reQuired for the residential units). 15. The first digit of the Apartment/Office Suite shall correspond to the floor level. 16. AU portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. MERIDIAN POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. MERIDIAN PARKS & RECREATION DEPARTMENT I. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page90flO 4. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. CENTRAL DISTRICT HEALTH DEPARTMENT I. 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. 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, NAMPA MERIDIAN IRRIGATION DISTRICT CONDITIONS 1. 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. The District's Eight Mile Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. 3. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit D Page 10 ofiO EXHIBIT E Conditional Use Permit Sommersby Subdivision (File CUP-04-040) SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the Preliminary Plat (PP-04-035) shall also be considered conditions of the Conditional Use Permit (CUP-04-040). 2. The multi-family and townhome structures shall conform to the following standards: R-15 Zone Approved Standard Minimum Lot Area 752.50 s.f. per d.u. Minimum Street Frontage 24 feet (I townhome lot); 28 feet (1 four-plex lot); 0' ITontage on a public street Front Setback 5 feet..(multi-family units) 15 feet (single-family units) Rear Setback 15 feet (all perimeter lots, except rear patios may be allowed a 3-foot encroachment, if necessary) 5 feet (interior lots) Interior Side Setback 5 feet per story; 0' for garages and attached units Street Side Setback 20 feet Fence Setback ITom Gray Cloud 10 feet L-G Minimum Lot Area 5,670 s.f. Front Setback 5 feet (for purposes of this application, ITont setback for the office buildings has been determined ITom the internal streets) Rear Setback 20 feet 25 feet per story Interior Side Setback 5 feet per story 5 feet per story Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-O4-040 - Exhibit E PageIof5 9. 10, 0 Construction materials used on the structures with modified setbacks/separation must be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. 3. As Planned Development amenities, construct two (2) water features in the roundabouts, an activity court, playground equipment and a hardscaped plaza as proposed. Design details of each amenity must be submitted with the Certificate of Zoning Compliance application. 4. The development shall provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development, exclusive of the N. Ten Mile and W. Pine Ave buffers and the 20-foot buffer north of Lots 7-9, Block 1. 5. Provide each multi-family dwelling unit with at least one hundred (100) square feet of useable private open space, such as a patio or deck. This shall be provided with both ITont and rear patios. 6. The building elevations for the multi-family structures shall be modified as follows: a. The trim bands and window trims shall be a different but complimentary color than the stucco siding color on each building; b. The stucco siding color shall vary throughout the development to avoid a monotone appearance. c. These standards shall be included in the CC&R's for the subdivision. 7. Applicant shall submit detailed elevations (ITont and rear) of the office structures on Lots 34 - 41 and the townhomes on Lots 1-3, Block 1 and Lots 1-4, Block 2 for review and approval by the City Council. 8. No fencing shall be permitted on the interior lot lines between the multi-family buildings or around the perimeter of Lot 55. Either provide parking for each four-plex structure within each individual lot or provide a cross-parking easement to accommodate the required parking. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page 2 of 5 13. 14. Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-I.C. 11. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 12. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1). Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed, except that townhouses (Phase I and 2 on the Preliminary Plat) may be constructed prior to the improvements being 100% complete for the entire subdivision. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. No more than nine (9) attached single family dwelling units and eight (8) multi- family dwelling units shall be occupied on the site until the N. Ten Mile Road widening project and Ten MilelPine Avenue intersection project are complete. MERIDIAN FIRE DEPARTMENT 1. The public street cul-de-sac (N. Lightning Place) shall provide a minimum 96-foot face- to-face diameter to meet International Fire Code. 2. This development will likely need to comply with the 2003 International Fire Code in effect at the time of building permit submission, which requires the 4-plex and 8-plex structures to contain fire sprinklers in the buildings. 3. 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 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," 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'. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-O4-040 - Exhibit E Page 3 of5 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 11. The proposed multi-family development has an estimated 132 units with a total estimated population of 352 residents at build out. The Meridian Fire Department has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 12. 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 13. Maintain a separation of 5' ITom the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the office complex (not required for the residential units). 15. The first digit of the Apartment/Office Suite shall correspond to the floor level. 16. 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. MERIDIAN POLICE DEPARTMENT I. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040 - Exhibit E Page 4 of 5 guest use. The parking space identification shall use a different numbering system than the dwelling units. MERIDIAN PARKS & RECREATION DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. NAMPA MERIDIAN IRRIGATION DISTRICT CONDITIONS 1. The Narnpa & 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. The District's Eight Mile Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3, All municipal surface drainage must be retained on site. 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 Narnpa & Meridian Irrigation District. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-04-040- Exhibit E Page 5 of5 EXHIBIT F Preliminary Plat Findings Sommersby Subdivision (File PP-04-035) 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; This site is currently designated as "Mixed Use-Community" on the 2002 - ~omprehensive Plan Future Land Use Map and is zoned L-O and R-15. According to the Plan's narrative in Chapter VII (pg. 97), this designation "will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged." Staff finds that the lot configuration and overall design of the subdivision would be in general conformance with this purpose. The subdivision creates a mix of office, multi-family and single family residential lots - which meets the intent of the Future Land Use Map designation. The MU-C designation allows for residential densities up to 15 units/acre, which the proposed plat meets (14.33, net). B. The availability of public services to accommodate the proposed development; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire, police and road/transportation services. Generally, staff finds that public services are and/or can be made available to accommodate the proposed development. The Commission and Council should reference any other written and/or oral testimony submitted by ACHD and the Meridian Police and Fire Departments regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit F Page 1 of2 Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public fmancial capability of supporting services for the proposed development; Staff finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. The application is not clear if the developer is intending to fund the construction of a new traffic signal at the intersection ofTen Mile and Pine Ave. If not, this project will likely require the expenditure of some ACHD funds to improve the capacity of this intersection. E. The other health, safety or environmental problems that may be brought to the Commission's attention. It appears the Applicant is proposing to leave the Tenmile Sub Drain open in the southwest comer of the site. The City has previously allowed this section of the drain to remain open (Mosher's Farm Subdivision). Staff finds that the drain is not a significant natural feature but one that should be protected through standard stormwater and run-off management practices. The Applicant has indicated that the property is outside of any FEMA flood hazard zone. Staff is not aware of any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. Staff has not identified any environmental problems that may be associated with the development of this site. Sommersby Subdivision Findings of Fact and Conclusions of Law - PP-04-035 - Exhibit F Page 2 of2 EXHIBIT G Conditional Use Permit Findings Sommersby CUP (File CUP-O4-040) The City Council hereby approves the following analysis of required findings by staff: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (il- 11-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Required Rear Yard: Based on the revised CUP Site Plan (dated December 9, 2004), the site is large enough to accommodate the IS-foot required rear yard for the proposed four-plex buildings on W, Pine Avenue. Open Space: MCC 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent (10%) of the gross land area. Sommersby is 12.73 acres in size, which requires 55,452 sq. ft. of open space, exclusive of the Ten Mile and Pine Ave. street buffers and the 20-foot buffer between Lots 7-9 and Thunder Creek. The CUPIPD Site Plan shows the total open space as 3.27 acres, or 31.05% of the site. Even though this figure includes the north boundary buffer, it would still exceed the minimum 10% amount. Trash Enclosures: The applicant has met with SCC regarding the proposed trash enclosure locations and SSC is requiring additional enclosures on the site. Commercial Parking: MCC 11-13-5.B. requires at least one parking stall per 400 sq. ft. of office floor area. Lots 33 - 40 show a total of21,000 sq. ft. of floor area, requiring 53 stalls, which meets the minimum parking requirements of code. Residential Parking: MCC l1-13-5.B requires at least two (2) parking stalls for each dwelling unit (multi-family and single family). There are 132 multi-family units, which requires 264 stalls. The Site Plan shows 265 stalls, including the 12, two-car garages. The single family units must each provide a two-car garage. Although the site is large enough to accommodate all ofthe features required by ordinance, the Applicant has asked, through the Planned Development, to modifY specific development standards. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-O4-040 - Exlribit G Page 1 00 B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See "Preliminary Plat Finding A". C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Stafffmds that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area IF all required buffers between land uses are constructed in accordance with MCC 12-13-12 and all other conditions of this application are met. The P&Z Commission and City Council should review this finding based upon any public testimony received during the hearing process. D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street. police, and fIre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Sanitary sewer and water service is proposed subdivision shall be via extensions to the site ITom existing main lines. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. See detailed conditions úom these agencies at the end of this report. ACHD staff has approved this application, with site-specific conditions as well as their standard requirements. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police and Fire Departments regarding their ability to adequately service this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-O4-040 - Exhibit G Page 2 of3 economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; As this site builds out, it will produce additional traffic on nearby arterial roadways. Staff recognizes the fact that traffic and noise will increase with the development of this site. However, staff does not anticipate that the development of this site will create excessive traffic, noise, smoke, fumes, glare, or odors as compared with other, similar size developments. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD staff has reviewed and approved both vehicular approaches to the site ITom Ten Mile and Pine Avenue. Please review the ACHD report for this project for additional information regarding this finding. As noted under the preliminary plat, the cul-de-sacs need to be widened to adequately accommodate the Meridian Fire Department. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Applicant is proposing to leave the Tenrnile Sub Drain open abutting the site. The applicant has indicated that the property is outside of the FEMA flood zones. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. Sommersby Subdivision Findings of Fact and Conclusions of Law - CUP-O4-040 - Exhibit G Page 3 of3 E :'l!!!!!!!1!! ~OLUTIONSLLP 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938<)980 Fax: (208) 938-0941 January 14, 2005 RECEIVEI) JAN 1 4 2005 City of Meridian Attn: City Council 33 East Idaho Street Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: Sommersby Subdivision (File No. PP-04-035, CUP-04-040 & MI-04-01I) Dear Council Members: This letter is in regard to the Findings of Fact & Conclusions of Law associated with the Sommersby project. The Council motion on January 4,2005 approving the applications included staff's recommendation to limit the number of units occupied prior to the 2007 ACHD construction project for Ten Mile Road and Pine Street intersection. We would like the Council to revisit the adoption of staff s recommendation because of the ambiguous nature ofthe recommendation. Staff's recommendation stated: "Staff recommends the City Council allow a limited number of units to be occupied prior to the 2007 ACHD construction project being completed (e,g" townhomes only or townhomes and up to 8 multi-family units). If the applicant can secure approval ITom ACHD to expedite some or all of the Ten Mile Road improvements, additional units could be occupied. Other units could potentially begin construction but not receive CO's until after the roadway project is complete, This will allow the site improvements to begin and allow for the extension of the two existing stub streets." Staff provided options for the Council to discuss and to expand upon. However, the Council adopted the paragraph as a condition without clarification of the number of units allowed and no connection to phasing. The applicant's representative requested phasing restrictions that would coincide with the improvements ofTen Mile Road and Pine Street. Our request included the construction of phase 1 & 2 (nine townhomes) and phase 3 (100 multi-family units). The applicant would not construct phase 4, which included 32 multi- family units and 21,000 square feet of office space, until the ACHD improvements were completed. t50 E. AIKENS ST., SUITE BEAGLE ID, 83616 phone:(208)938-0980 fax:(208)938-0941 It is our understanding that the Courtyards at Ten Mile project south of Pine Street was required to install two left-turn bays which consisted of a turn lane on Pine Street (westbound) and Ten Mile Road (southbound). The fact that these improvements would be installed this spring were never discussed or considered by the staff or Council. We worked diligently with the surrounding neighbors on our project. The lack of opposition at the public hearing makes it evident that conditions in this area have changed since the Valeri Heights project was processed in 2000. Some of those changes include: ACHD completing their design work for Ten Mile and Pine project; ACHD including the Ten Mile and Pine improvements in their Five-Year Plan scheduled for 2007; opening of Mountain View High School which reduced the traffic problems in the surrounding neighborhoods and the approval of other projects in the area with their improvements. According to ACHD staff in a meeting held January 14, 2005, the plans for the Ten Mile & Pine improvement project are 99% complete. For the 2005 calendar year, $750,000 has been allocated for right-of-way acquisition on the project. For the 2006 calendar year, ACHD has allocated $ 250,000 for right-of-way acquisition. ACHD staff anticipates piping any ditches or drains for the Ten MilelPine project in the fall of2006. Construction of the roadway improvements and signal will begin in the spring of 2007 with completion prior to the start of school in the fall of2007. ACHD staff does not anticipate changes to this 2007 schedule since this project is in the first three years of the Five-Year Plan. The ACHD Commission has indicated that they will not change the priorities for projects which are scheduled in the first three years of the Five-Year Plan. The ACHD staff is confident that the improvements in this area will take place within the 2007 calendar year, The Findings of Fact & Conclusions of Law prepared for the project include a portion of the original recommendation made by the staff. If adopted as written, this project will not be viable. Please provide us the opportunity to discuss this at the January 18 Council meeting that includes the adoption of the Findings of Fact and Conclusions of Law. Sincerely, ENGINEERING SOLUTIONS, LLP Becky McKay, Partner 150 E. AIKENS ST., SUITE BEAGLE ID. 83616 phone:(208)938-0980 fax:(208)938-0941 2