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HomeMy WebLinkAboutBaldwin Park Subdivision PP-01-024 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR BALDWIN PARI( ) SUBDIVISION FOR 77.9 ACRES, ) LOCATED 1.4 MILE SOUTH OF ) MCMILLAN ROAD, EAST SIDE OF ) LINDER ROAD, MERIDIAN, ) IDAHO ) ) BY: CAPITAL DEVELOPMENT ) cn, ) APPLICANT ) ) Case No. PP-OI-024 FINDINGS OF FACT AND CONCLUSIONS OF LA \V AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 19,2002 and continued until April 2, 2002, and Shari Stiles, Planning and Zoning Administrator, Steve Arnold, and Vaughn Yorgason, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark, Planner for Planning and Zoning, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the APRELIMINARY PLAT DESIGN ONLY, NOT APPROVED -FOR CONSTRUCTION, A PORTION OF THE SOUTH Y2 OF THE NW 14 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST; RM., ADA COUNTY, IDAHO, C:\2000\07\Drawing"s\PrePlat\0704pre3.dwg Wed Mar 27, BALDWIN PARK SUBDIVISION, PRELIMINARY PLAT, DWG DATE: 03/15/01 MNM, DWG NO. 0704, SHEET 1 OF 1 PRE-3, \0704PRE3.dwg, STAMPED DATE: MAR 27 2002, PLANNER STEVE ARNOLD, BRIGGS ENGINEERING, INC., RAMON FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER - OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 1 YORGASON, CAPITAL DEVELOPMENT, INC., DEVELOPER", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code I 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Gen.eralized Land Use Map, Infrastructure Planning Analysis Comprehensive }?lan and Map, adopted December 21, 1993, and the property is presently zoned Medium Density Residential District (R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] 2. The preliminmy plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set fGlih as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City=s Capital Improvement Program and if the conditions which are requested by~he Pl~nner II for the Planning and Zoning Department and as proposed by the developer as stated Oil the preliminary plat there will be public financial capability of suppGliing services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 2 not create health, safety or envirorunental problems and there have been no specifics of any such concems brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: APRELIMINAR Y PLAT DESIGN ONLY, NOT APPROVED FOR CONSTRUCTION, A PORTION OF THE SOUTH 12 OF THE NW ~ OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, C:\2000\07\Drawings\PrePlat\0704pre3.dwg Wed Mar 27, BALDWIN PARK SUBDIVISION, PRELIMINARY PLAT, DWG DATE: 03/15/01 MNM, DWG NO. 0704, SHEET 1 OF 1 PRE- 3, \0704PRE3.dwg, STAMPED DATE: MAR 27 2002, PLANNER STEVE ARNOLD, BRIGGS ENGINEERING, INC., RAMON YORGASON, CAPITAL DEVELOPMENT, INC., DEVELOPER@. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat ofthe applicant as evidenced by "PRELIMINARY ,PLAT DESIGN ONLY, NOT APPROVED FOR CONSTRUCTION, A PORTION OF THE SOUTH 12 OF THE NW ~ OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M.,ADA COUNTY, IDAHO, C:\2000\07\Drawings\PrePlat\0704pre3.dwg Wed Mar 27, . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 3 BALDWIN PARK SUBDIVISION, PRELIMINARY PLAT, DWG DATE: 03/15/01 MNM, DWG NO. 0704, SHEET 1 OF 1 PRE-3, \0704PRE3.dwg, STAMPED DATE: MAR 272002, PLANNER STEVE ARNOLD, BRIGGS ENGINEERING, INC., RAMON YORGASON, CAPITAL DEVELOPMENT, INC., DEVELOPER", DEVELOPER is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer service to this site shall be via the proposed White Drain Tnmk. The City of Meridian is in the design phase of this trunk, with commencement of .. construction estimated at April of this year. The applicant shall be responsible to provide main connections to the White drain Trunk to serve this development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Depmiment. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline 2. The applicant shall be responsible for designing and installing a new 12-inch diameter water main in Linder Road, from its cunent location at the intersection with Ustick Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Applicant shall construct the following stub stree~s: a. At the nOlih property line approximately 700 feet west of the east propeliy line, as proposed; b. At the east propeliy line approximately 100 feet south of the northpr~perty.line, as - proposed; . c. At the east property line approximately 150 feet north of the south property line; d. On the north property line approximately 750 feet east ofthe west propeliy line, and e. On the south property line approximately 500 feet west of the east property line. The Applicant shall work with the Police and Fire Departments to detem1ine emergency vehicle access needs to the middle school from the north. If the Police and Fire Departments concur that no vehicular access fi.-om the north is necessary, Applicant shall provide a pedestrianlbicycle cOlmection across the White Drain to access the school so FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION! (PP-OI-024) 4 future Baldwin Park students are not forced onto Linder Road. 4. The preliminary landscape plan (Sheet L-l, dated 3/21/01 by Land Group, Inc.) proposes a number of frees that exceed the minimum requirements of Ordinance 12- 13-7, Street Buffers, and Ordinance 12-13-13, Open Space. However, there are an insufficient number of trees shown within the micropath lots. Ordinance 12-13-12.4, Micropath Landscaping, requires a minimum of one (1) deciduous tree per thirty- five (35) linear feet of path. Additional trees shall be added to the micropath lots to meet this ordinance at the time of Final Plat application. Applicant shall ensure that all trees are located outside of any sanitary sewer or irrigation easements. All subdivision perimeter landscaping shall be installed or 110% surety amount and bids submitted for required landscaping prior to City signature ofthe Final Plat. All other landscaping shall be installed prior to issuance of Certificates of Occupancy. 5. A detailed landscape plan and an irrigation plan, including performmlce specifications, shall be submitted with each Final Plat application. 6, NO fencing details were submitted with the application. Permanent fencing shall be "required adjacent to any existing agricultural uses. Applicant shall submit detailed fencing plans with the Final Plat application, including height, construction materials and location, and shall discuss conceptual fencing plans at the City Council hearing. In lieu of permanent fencing, temporary construction fencing shall be installed during construction on any lot to contain construction debris. All subdivision perimeter fencing shall be installed or 110% surety amount and bids submitted for required landscaping prior to City signature of the Final Plat. 7. Item #8 on the Preliminary Plat application states micropaths will be provided. In order for the linear open space lots to count toward the minimum 5% requirement, micropaths must be constructed as a requirement of the subdivision. Said pathways shall be a minimum of 5-feet wide and constructed of either asphalt or concrete. Applicant shall comply with all requirements of Ordinance 12-13-12, .Micropath Landscaping, and the four (4) foot high fence restrictions for all lots adjaceilt to the micropaths shall be noted on all Final Plats that include micropaths. The developer is responsible for the construction of fences adjacent to all micropaths and they shall be installed ?r 110% surety amount and bids submitted prior to City signature of the Final PI~t. 8. Applicant shall submit a cross-section of the micropath lots located within drainage. All micropath lots show a combination micropath/swale use except four (4) of the shorter pathway lots. The cross-sections shall demonstrate that all requirements of Ordinance 12-13-12, Micropath Landscaping, and all public safety concerns are adequately addressed through the conceptual design. Said cross sections were submitted with the revised plat, dated 2-11-02. Applicant shall be required to maintain all drainage on the micropath side of the fence, not along the fence line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 5 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 10. St0D11 water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog ofStonn Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides wtitten 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 on the final plat. 11. Indicate any existing ditch easements on the Preliminary Plat map. The boundmies of the White Drain easement need to be defined, as well as the north-south ditch along the eastem end of the development and the east-west ditch along the northwest comer of the development. Please show all planned piping on the Preliminary Plat. 12.. The open detention ponds shown on the drainage plan show that a significant portion of the area proposed as common open area is now proposed for drainage detention. Detailed plans of these ponds wi11 need to be reviewed to detennine if these areas are indeed usable as common area by all residents of the development. Detention ponds shall be designed such that accumulated water is disposed of within a 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. 13. Applicmlt has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian In-igation District. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the developm~nt plan review process. A draft copy of the pressurized in-igation system O&M manilal must be submitted prior to plan approval. The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-poi,nt coiU1ection is utilized, the developer shall be responsible for the payment of assessments for the common areas pIior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 14. Ordinance 12-4-13, Piping of Ditches, requires all irrigation ditches, laterals or canals, exclusive of natural watelWays, to be covered and enclosed with tiling or other covering. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 6 Applicant is proposing to leave the White Drain open. A fmUlal waiver request was not included with the application. If the Applicant proposes to not pipe the drain, he shall submit a written request stating how any public safety concerns will be addressed through fencing and/or other protective measures and the estimated pipe diameter required to pipe the drain. 15. Applicant shall confinn in writing and reflect on future detailed landscape plans that the micropath in Lot 2, Block 5 will extend across the Linder Road buffer to COilllect with the Linder detached sidewalk. 16. The Plmming and Zoning Commission recommends the east phase lines for Phases #3 and #4 be moved to the east to incorporate the primary north-south micropath lots (Lot 1, Block 14, and Lot 9, Block 7). 17. Applicant shall be required to comply with the following: a. A temporary emergency access/non-build agreement on Lot 15 Block 5, until a . pemlanent second access is provided to the subdivision; .b. An emergency access on Lot 9 Block 7 with 1 a-fa at-wide asphalt, plus 5-feet on each side of grass-crete, shall be constructed prior to issuance of building permits in Phase 5. This emergency access shall become part of the pathway system upon a secondary access of a roadway being available after Phase 4. This pedestrian pathway shall be a five-foot-wide pathway within a 30-foot common lot. Applicant shall also verify that tuming radii from this access comply with Fire Department requirements. c. Verify adequate tuming radii for emergency vehicles. d. Emergency accesses shall be constructed prior to issuance of any building permits in Phase 2. e. A temporary emergency access shall be constructed on Lot 15, Block 5, prior to obtaining building pel1nits in Phase 2. A non-build agreement shall be entered into for this lot until a pel1nanentsecond access if:! provided to the subdivision. 18. Any existing domestic wells and/or septic systems within this project-will have to be removed from their domestic service per City Ordinance Section 5-7-517. \yells may be used for non-domestic purposes such as landscape irrigation. . 19. Please submit a copy ofthe Ada County Street Name Committee's firial approval letter for the subdivision name, lot and block numbering. Malee any corrections necessary to confonn. 20. Two-hundred-fifty- and lOa-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 7 21. Assessment fees for water and sewer service are detennined during the building plan reView process. Adopt the Recommendations of ACHD as follows: 22. Due to the fact that Meridian School District does not want a vehicular access to the propeliy to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the mierial roadway. Special Notification to Applicant 23. To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) rnay be subject to any extraordinmy impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first besubject to a public hearing. 24: To promote a safe pedestrian walkway on Linder Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 25. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the par- cel by means of recordation of a final subdivision plat prior to issuance of a building pennit (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 be paid the fair market value ofthe ~ight-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 ACHD Ordinance #195. The right-of-way purchase agreement must be. completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. ' 26. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION! (PP-OI-024) 8 27. Construct the main entrance to the subdivision, West Monument Drive, located 550- feet south of the north property line, as proposed. West Monument Drive shall be designed with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54- feet ofright~of-way plus the additional width of the median. 28. Construct a protected left-turn lane at the site driveway, as determined by the traffic impact study that was submitted. The applicant shall coordinate the design and location with District staff. 29. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet oflight-of~way. 30. West Monument brive segments shall be designated as a collector roadway with no front-on housing and access restrictions for this street segments shall be stated on the final"plat. District policy requires that these street segments be constructed as 39- foot street section within 52-feet of right-of-way with curb, gutter and 5-foot wide .. concrete sidewalks. 31. Construct a stub street that is located at the north property line approximately 700- feet west ofthe east propetty line, as proposed. 32. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. 33. Construct a stub street that is located at the east property line approximately ISO-feet north ofthe south property line, as proposed. 34. Construct a stub street that is located on the north property line approximately 750- feet east of the west property line. 35. Construct a stub street that is located on the south property line appro'ximately 500- feet west of the east property line. 36. The applicant shall be required to install a sign at the terminus ofthese roadways stating that, itTHIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. 37. Construct an ACHD approved turnaround at the end of West Cresent Court, NOlih Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 9 ,. I 38. The turnarounds shall be constructed to provide a minimum tUll1ing radius of 45- feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width ofthe median. 39. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 40. Any existing ilTigation facilities shall be relocated outside of the right-of-way. 41. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 42. All utility relocation costs associated with improving street frontages abutting the ... site shall be borne by the developer. 43. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 44. Payment of appl icable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 45. 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 ~11 improvement plans. 46. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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 T~affic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constructi on. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 10 47. 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 48. 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. Adopt the Meridian Fire Department Recommendations as follows: 49. A fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at 'approved locations. 50. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 51. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 52. Final approval for fire hydrant location shall be by the Meridian Fire Department. 53. All turning radii shall be a minimum of28' inside and 48' outside for internal road system. 54. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 55. The roadways shall be built to Ada County Highway standards. 56. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. 57. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Parle. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 11 58. 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. 59. Run-off is not to create a mosquito breeding problem. 60. St0n11water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design ofthe subject project shall obtain CUlTent best management practices for stormwater disposal and design a stOlIDwater management system that prevents groundwater and surface water degradation. Additionally, comply with the action of the Council from their meeting held on Tuesday, April 2, 2002, as follows: The following renwin to be incorporated into the latest plat dated March 27, 2001 : 61. The typical Micro-path section is not approved as shown. All drainage shall be maintained within the 7 12 foot area on either side of the micro-path, not drained to the fence line as shown. 62. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). 63. Show the moving of phase lines for Phases 3 and 4. 64. Show existing and proposed easements on the plat as 'required by State Code and City Ordinance. 65. Within Settler's Irrigation District's letter dated March 19,2002, they arereq\testing easements of 60 feet on the White Dtain and 30 feet on the ColemanLateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral easement, a minimum 15-foot-wide easement will be required along the frontage of all lots on the east side ofNOlih Hyde Park Avenue. The preliminary plat needs to reflect compliance with agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized in'igation system be installed according to the District's standards and specifications. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 12 l (. / 66. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's lITigation District, which is attached hereto as Exhibit "A". By action of the City Council at its regular meeting held on the IGfb- day of /1r,/1~ , 2002. ROLL CALL COUNCILMAN BIRD VOTED ~tL VOTED~ COUNCILWOMAN deWEERD COUNCIL WOMAN McCANDLESS VOTED ~~ COUNCILMAN NARY VOTED f;j<-..0.- - MAYORROBERTDm (TIE BREAKER) c-, VOTED -- Copy served upon Applicant, The Plam1ing and Zoning Depmiment, Public 'Yt,0rks'i1<"i0>:1i("f:',:,o, Department and City Attomey. .,\~+~." . '.~ Bydl~~~9-- Dated: ~(J2l" City Clerk . ~ :.:,; ;1, '\~ ~~ "11 .' ~. $.: .~< ~~; Z;\ W ork\M\Merid i un\Mcridi an 15 360M\BoJd wi n Pa rk Sub 1'1'0 1-024 V A RO 1-020\FfClsOrd 1'1'. doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BALDWIN PARK SUBDIVISION / (PP-OI-024) 13 ( i BRIGGS ENGINEERlNG!llnc. ENGINEERS! Pl.ANNERS! SURVEYORS 1800 West Overland Road Boise, Idaho 83705 ~ 3142 Voice (208) 344-9700 Fax (208) 345-2950 stevea@briggs-engineering.com WVoNI. briggs-engineering .com April 2, 2002 Faxed Direct, 343-1642 Nathan Draper, Manager Settlers Irrigation District P.O Box 7571 Boise, Id. 83707 RE: Baldwin Park Subdivision, Coleman Lateral & the White Drain Dear Nathan, Per our meeting I am modifyir)g the preliminary plat to provide a 50-foot wide lot along our south boundary that will be utilized for the White Drain. Within the 50~foot wide lot we will provide a 15 to 20-foot clear surface along the north property line of that lot and the actual drain itself will reside south of the clear area. The Settlers Irrigation District will share a 1 O-foot wide maintenance road along our south boundary that will be utilized by both the Meridian Public Works for their sewer line and the Irrigation District for the White Drain. As we discussed at our meeting the Coleman Lateral will be piped from the east property line to the first public street, Hyde Park Avenue, in a common lot. This segment will be within a 12-foot wide common lot with 9-foot easements on the adjacent lots. The easement and common lot will total 30-feet. The segment constructed along the Hyde Park Avenue right-of-way to the south property line will be located at the edge of the public right-of-way, in the front of the adjacent lots. Those lots will have a 15-foot wide easement in their front yards to accommodate the easement. Where the lateral is piped south of Yosemite Drive, it will lie with in a 3D-foot easement (15-feet on either side of a lot line). The City of Meridian has requested that I provide a letter, prior to tonight's hearing, outlining our meeting in regards to the above-mentioned easements. I understand that you are busy this week preparing for irrigation entering the canals. Will you please sign this letter below and fax it back to me so that I may have a response agreeing to the easements prior to tonight's hearing. If you require additional information you may contact me a 344-9700 and I will provide it to you immediately. Thank you for your assistance with this matter. Sinoore5J'~ II / Steve Arnold Project Manager/Land Use Planner Nathan Draper, Manager Settlers Irrigation District .0704/Settlers letter txJzlh/~f Ih II