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HomeMy WebLinkAboutHavasu Creek Subdivision PP-02-019 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR HA V ASU CREEK SUBDIVISION, LOCATED SOUTH OF EAST McMILLAN ROAD, WEST OF N. LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: FARWEST, LLC, APPLICANT C/C 12/10/02 Revised 01/10/03 ) ) ) ) ) ) ) ) ) ) Case No. PP-02-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 10, 2002, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Becky Bowcutt, and Laird Graham, appeared and testified, and the City Council having received a report from David McKinnon Planner II for Planning and Zoning, and Bmce Freckleton, Engineering Technician III, 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 "PRELIMINARY PLAT, HA V ASU CREEK SUBDIVISION, A PORTION OF THE N Yi OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 07/11/02, REVISION: 08/05/02 BY: BKB, 11127/02 BY: BKB AND STAMPED: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 2, PRE-I, \112IO-PRE.DWG BKB, DWG NO. 11210, FARWEST, LLC - DEVELOPER, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OFCONDITIONALAPPROVALOFPRELThJINARYPLAT HA V ASU CREEK SUBDIVISION I (PP-02-0 19) 1 BECKY BOWCUTT - PLANNER, BRIGGS ENGINEERING, INC. - ENGINEERS PLANNERS SURVERYORS", Farwest, LLC, 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 ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned Low Density Residential District (R-4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 C] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 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 forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed developrrient within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Tec1mician ill, and as proposed by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (pP-02-019) 2 as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns 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: "PRELIMINARY PLAT, HA V ASU CREEK SUBDIVISION, A PORTION OF THE N 12 OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 07/11102, REVISION: 08/05/02 BY: BKB, 11/27/02 BY: BKB AND STAMPED: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 2, PRE-I, \1121O-PRE.DWG BKB, DWG NO. 11210, FARWEST, LLC - DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS ENGINEERING, INC. - ENGINEERS PLANNERS SURVERYORS". 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HA V ASU CREEK SUBDIVISION / (PP-02-019) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT, HA V ASU CREEK SUBDIVISION, A PORTION OF THE N 'li OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 07/11/02, REVISION: 08/05102 BY: BKB, 11/27/02 BY: BKB AND STAMPED: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 2, PRE-I, \11210- PRE.DWG BKB, DWG NO. 11210, FARWEST, LLC -DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS ENGINEERING, INC. - ENGINEERS PLANNERS SURVERYORS", Farwest, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comment / Preliminary Plat 1. Sanitary sewer service to this site shall be via main line extensions from the existing mains adj acent to the property. The northwest portion of the proposed subdivision (phases lA, 2A, and 3A, the Applicant shall have the option to gravity the 3A area if feasible and with the coordination of Public W arks) shall be served by a temporary sewage lift station that will be owned and operated by the developer or homeowner's association. The lift station will be in service until the property to the west (Starkey) develops, and sewer is brought through from Meridian Road. The developer or homeowner's association may enter into an operation maintenance agreement with the City of Meridian for the lift station. 'A, permanent sanitary sewer construction easement shall be provided from E. Havasu Falls Drive to the south subdivision boundary in N. Crystal Avenue when sewer is extended for phase IB. Applicant shall work with the Meridian School District to provide an easement for a sewer main across the north end of the elementary school site to provide service to adjacent parcels. A sewer stub shall be required in the location of the north boundary of the school parcel to provide for this future service. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HA V ASU CREEK SUBDIVISION / (pP-02~O 19) 4 2. This project as proposed is split between two water pressure zones. The northwest portion (west ofthe mid-section line) falls in a zone that will have to be extended from the west. The City's main that will serve this area is currently built to the north boundary of the Cedar Springs project (mid- section on Meridian Road). The balance ofthe project (east of the mid- section line) will be serviceable from the existing main in Locust Grove road. 3. Applicant shall be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The applicant has indicated that a pressurized irrigation system will be provided within this development, and that the applicant intends to convey the pressure irrigation system to Settler's hrigation District, therefore, revise the plat to show how the system is going to be served (i.e. connection to an existing system, or independent pumping facilities) 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. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. 6. Add or revise the following preliminary plat notes: Correct the "Zoning Data Table" to reflect the requested minimum lot size, not 8,000 square feet. Correct the Preliminary Plat Data" to reflect the correct minimum lot size. (1.) Add a note to the face of the plat indicating that the Home Owners Association shall be responsible for the maintenance ofthe common lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION I (pP-02-019) 5 (2.) Add a note to the face of the plat restricting direct lot access to Locust Grove and McMillan Road unless specifically permitted by ACHD and the City of Meridian. (3.) Add a note to the face ofthe plat that requires any re-subdivision of this plat to be in compliance with the most recently approved subdivision standards of the City of Meridian. (4.) Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight-obscuring material is used for fence construction. (5.) Add a note to face of the plat regarding the "Right to Farm Act". 7. A 50-foot wide cross access and public utilities easement shall be added to the plat, in alignment with E. North Rim Street, to the property to the north of the elementary school site. 8. Eliminate the stub-street at the east end ofE. Kaibab Trail Drive, located between Lot 1, Block 12 and Lot 26, Block 10. In its place add a stub street in alignment with North Mooney Falls Way to the property north of Lots 25 and 26 of Block 10. (This has been modified.) 9. Ten (10) copies of the revised plat have been submitted to the City Clerk's Office for this plat. 10. Several existing ditches/drains traverse through the proposed subdivision, however it is not clear on the preliminary plat map how these ditches/drains will be addressed. Plat has been revised to show routing/piping information. General Comments 1. Please submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (pP-02~019) 6 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed III accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of the playground equipment. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 7. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 9. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during i OO-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 10. Any tree over 4" in caliper that i s removed from the property shall b e replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT HA V ASU CREEK SUBDIVISION / (PP-02-0 19) 7 not be considered as replacement trees for those trees that have to be removed. II. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. 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. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site Specific Conditions of Approval 1. Dedicate 35-feet ofright-of-way from the centerline of McMillan 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 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 of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe 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 #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HA V ASU CREEK SUBDIVISION / (pP-02-0 19) 8 2. Dedicate 35-feet ofright-of-way from the centerline of Locust Grove 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 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 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 #195). The Applicant shall comply with Ada County Highway District requirements as submitted or as expressly modified by ACHD. 3. Construct 5-foot concrete sidewalk abutting McMillan Road and Locust Grove Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct North Havasu Canyon Way to intersect with McMillan Road approximately 820-feet east of the west property line, as proposed. 5. Construct North Havasu Falls Drive to intersect with Locust Grove Road approximately 400-feet south of the north property line, as proposed. 6. Submit a letter from the appropriate fire district approving the alternative street section. If the appropriate fire district reviews and approves the alternative street section, the applicant shall construct the internal roadways as 33-foot street sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides within 50-feet of right-of-way, as proposed. 7. Construct North Havasu Canyon Way (from McMillan Road to Casa Grande Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue) residential collectors with 29-foot street sections with curb, gutter and 4- foot detached concrete sidewalk, as proposed. 8. Extend North Hermit Avenue at the south property line approximately 410-feet east of the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HA V ASU CREEK SUBDIVISION / (pP-02-0 19) 9 9. Extend North Havasupai Avenue at the south property line approximately 120-feet east ofthe west property line, as proposed. 10. Construct North Shangri-La Street to extend to the south property line approximately 635-feet east ofthe west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREll. 1 L Construct Casa Grande Street to extend to the west property line approximately 440-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Havasu Falls Drive to extend to the west property line approximately 730-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately ISO-feet south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct North Mooney Falls Way to extend to the north property line approximatelyl,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, nTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street, Red-Rock Way, to extend to the north property line approximately 720-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 16. Construct Bright Angel Avenue to extend to the north property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, nTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue to extend to the south property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP-02-019) 10 18. Construct Red-Rock Way to extend to the south property line approximately 720-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, l1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 19. Construct North Crystal Avenue to extend to the south property line approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREl1. 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, l1THIS ROAD WILL BE EXTENDED IN THE FUTURE It . 21. Construct one knuckle with an island within it located in the southeast corner of Mooney Falls Way and Switchback Drive, as proposed. The island within the knuckle shall be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a 29- foot street section around the traffic island designed to safely channel traffic. 22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as proposed. Construct the turnaround to provide a minimum turning radius of 45- feet. 23. 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 ofthis shall be required on the final plat. 24. Construct a left-turn and a right turn deceleration lane at the McMillan Road and North Havasu Canyon Way intersection. Coordinate the design ofthe turn lanes with the District's Traffic Services Staff, 387-6140. 25. Construct a left-turn lane and a right-turn deceleration lane at the Locust Grove Road and North Havasu Falls Drive intersection. Coordinate the design of the turn lanes with the District's Traffic Services Staff, 387- 6140. 26. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (pP-02-019) 11 extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 27. Other than the access points specifically approved with this application, direct lot access to McMillan Road, Locust Grove Road and North Havasu Canyon Way (from McMillan Road to Casa Grande Street) is prohibited. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP-02-019) 12 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. 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 Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the 'entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HA V ASU CREEK SUBDNISION / (pP-02-0 19) 13 Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. UFC 902.2.1 The Applicant shall be allowed a 20' wide temporary gravel sewer and temporary emergency vehicular access roads which shall be utilized for these purposes only. D. Adopt the Recommendation of the Settlers' Irrigation District. 1. All irrigation and drainage facilities/easements will need to be protected. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate and maintain the pressure irrigation system an agreement needs to be in place prior to construction. E. Adopt the Recommendations of the Central District Health Departn1ent as follows: 1. 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. 2. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP-02-019) 14 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Additionally, comply with the action of the Council from their meeting held on Tuesday, December 10, 2002, as follows: 1. That Lots 1 through 8, Block 12, along the eastern boundary, shall have only single-story homes built with a maximum height of 25 feet from grade, which restriction shall appear on the Plat. 2. The Applicant shall construct either a five or six foot vinyl fence along the eastern boundary adjacent to the Crestwood Subdivision No.1 neighbors, as agreed upon in the letters submitted into the public record. 3. The Applicant shall utilize standard industry dust abatement techniques to minimize dust on the site. By action of the City Council at its regular meeting held on the 1f!-...- day of ~ WVl.l{ AAtJ ' 2001- ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HAVASU CREEK SUBDIVISION / (PP-02-019) 15 MAYORROBERTD.CORRIE V~ (TIE BREAKER) WlL0~ M.. AypwlKcl Copy served upon Applicant, The Planning~~1l!tlHiHW:Qy~artment, Public Works Department and City Attorney. ,,"'\-{ Of Mit;trIO,{ III........ ....... 0'.... .~o '-1A. ~ ~ /,cp?<PvRA. r ...v ~ $" ~~.,j (~ -S 2 ~ ~ - Cc;t~"""" ...~ '1" .... ->>agaf~i1J 0.1- / ?J:--o 3 -;::. 0-: oJ~. ... \.>t,. ,"," 0 " -::.... o.z.... ~'i"" ...~-\ . ""c ...:: ..' 'V ........;. ..../"t ,--.. ~~. ~.~ '---- ..^'''~::r~ ;;:..~ ~"'<>"LC ,~:' :. . . -.[ .:: \' ,',\' Z:\Work\M\Meridian\Meridian I 5360M\Havasu Creek Sub AZ02-022 PP02-019 CUP02-028\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HA V ASU CREEK SUBDIVISION / (PP-02-0 19) 16