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Scottsdale Villas Sub PP 02-029 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/25/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SCOTTSDALE VILLAS ) SUBDIVISION FOR 19 SINGLE- ) FAMILY RESIDENCES AND 2 ) COMMON LOTS ON 3.66 ACRES ) LOCATED SOUTH OF FRANKLIN ) ROAD ALONG S.W. 8TH STREET ) AND ALDEN STREET, MERIDIAN, ) IDAHO ) ) BY: PINNACLE ENGINEERS, ) APPLICANT ) ) Case No. PP-02-029 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 February 25, 2003, and David McKinnon Planner II for the Planning and Zoning Department, and Clint Boyle, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part of the record ofthis matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT OF SCOTTSDALE VILLAS SUBDIVISION, A RESUBDIVISION OF SCOTTSDALE SUBDMSION BOOK 82 PAGE 8916 A PORTION OF THE NEl/4 OF THE NWl/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, SCOTTSDALE FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION 1 (PP-02-029) I VILLAS SUBDIVISION PRELIMINARY PLAT WOLFE COMMERCIAL ENTERPRISES, L.L.C., HANDWRITTEN DATE: 15 NOV 02, DATE: 11-15-02, DRAWN BY: RGS, DESIGNEDBY: CLINT BOYLE, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026018, SHEET PP-l, WOLFE COMMERCIAL ENTERPRISES, L.L.C.- OWNERlDEVELOPER, PINNACLE ENGINEERS, INC.", Pinnacle Engineers-Applicant and Wolfe Commercial Enterprises, LLC-Owner, 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 ofthe 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 L-O by Ada County, however, an application for annexation and zoning to R-15 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 E] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDMSION / (pP-02-029) 2 3. It is determined that Urban Services can be made available to accommodate the proposed development ifthe 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 development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician ill, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development ifbuilt 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 OF SCOTTSDALE VILLAS SUBDIVISION, A RESUBDMSION OF SCOTTSDALE SUBDIVISION BOOK 82 PAGE 8916 A PORTION OF THE NEl/4 OF THE NWl/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, SCOTTSDALE VILLAS SUBDIVISION PRELIMINARY PLAT WOLFE COMMERCIAL ENTERPRISES, L.L.C., HANDWRITTEN DATE: 15 NOV 02, DATE: 11-15-02, DRAWN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION I (pP-02-029) 3 BY: RGS, DESIGNEDBY: CLINT BOYLE, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026018, SHEET PP-1, WOLFE COMMERCIAL ENTERPRISES, L.L.C.- OWNERlDEVELOPER, PINNACLE ENGINEERS, INC." 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 OF SCOTTSDALE VILLAS SUBDMSION, A RESUBDMSION OF SCOTTSDALE SUBDMSION BOOK 82 PAGE 8916 A PORTION OF THE NE1/4 OF THE NW1/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, SCOTTSDALE VILLAS SUBDIVISION PRELIMINARY PLAT WOLFE COMMERCIAL ENTERPRISES, L.L.C., HANDWRITTEN DATE: 15 NOV 02, DATE: 11-15-02, DRAWN BY: RGS, DESIGNEDBY: CLINT BOYLE, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026018, SHEET PP-1, WOLFE COMMERCIAL ENTERPRISES, L.L.C.- OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.", Pinnacle Engineers-Applicant and Wolfe Commercial Enterprises, LLC-Owner, is hereby conditionally approved; and 2, The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION / (PP-02-029) 4 1. Modify the "Preliminary Plat Findings and Requirements" on page 5 of the staff report, item "b" to end with the following phrase -"or modifications as deemed appropriate by the Public Works Department." Which b. now reads as follows: b. Staff finds public services (police, fire, water, sewer, etc...) are available to accommodate the proposed subdivision. Existing commercial sanitary sewer and water services will need to be abandoned in accordance with City standards, and new residential sanitary sewer and water services will need to be extended into the proposed subdivision lots, or modifications as deemed appropriate by the Public Works. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (oreliminarvolat) 1. Sanitary sewer and water service to this site shall be via existing main lines installed as part of the development of Scottsdale Subdivision (a commercial subdivision). Applicant will be responsible to abandon the existing commercial sewer and water services in accordance with City standards, and install new residential services to each lot or provide modifications as approved by the Public Works Department. Subdivision designer to coordinate sizing and routing with the Public Works Department. 2. Portions of S.W. 8th Avenue and W. Alden Drive, within the Scottsdale Subdivision, are less than five-years old, and therefore may be subject to the Ada County Highway District's ''No cut Moratorium." Any cuts shall be worked out in an agreement with ACHD. 3. Any drainage areas (detensionlretension basins) must be desigued to ensure that water is retained only during 1 OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. 4. Add or revise the following note(s) on the face ofthe Plat (Final Plat): 13. Fencing adjacent to the common lots (Lot 4, Block 2 and Lot 7, Block 1) and the micro-path lots shall beno tallerthan4' in height ifsolid fencing is used. FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDMSION / (pP-02-029) 5 GENERAL COMMENTS (preliminary plat) 1. A letter of credit or cash surety in the amount of 110% will be required for all, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2. 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. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. Slopes within drainage areas are not to exceed a slope ratio of 3: 1. Submit compaction test results to the Meridian Building Department for all building pads within lots receiving engineered backfill. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct driveways on SW 8th Avenue and Alden Drive to offset a minimum of 50-feet from any controlled and/or uncontrolled intersection. All driveways are to be constructed as curb cut driveways. 2, Pave the driveways to their full-required width (maximum of35-feet) and to a point 30-feet beyond the edge of pavement ofSW 8th Avenue and Alden Drive. 3. Said Easement (See Plat Note # 15 of Scottsdale Subdivision) shall be placed on the plat of Scottsdale Villas Subdivision as delineated on the plat are covered by a Storm Drainage Easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities. Said Easement shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Said Easement shall be placed on the plat of Scottsdale Villas Subdivision. 4. Replace unused curb cuts on SW 8th Avenue and Alden Drive with standard curb, gutter and 5-foot wide concrete sidewalk to match the existing improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION / (pP-02-029) 6 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. 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 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 #195, 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- FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION / (pP-02-029) 7 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow of! ,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. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved ternporary turn-around is required for any dead-ends over 150', 8. Approved fire department access roads shall be provided for all buildings or portions of buildings to within 150' of any point on the exterior wall of the first story. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION I (PP-02-029) 8 E. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: I. Applicant shall apply for a land use change/site application if storm drainage is not retained on-site. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage and central water after written approval from appropriate entities is submitted, 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem, 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Comments of the Meridian Water Department as follows: 1. The project was previously developed for commercial buildings. There is existing 8 inch service lines stubbed in for commercial hookup. Residential service lines are typically 1 inch. H. Adopt the action of the City Council taken at their February 25,2003 meeting as follows: 1. The Site Plan furnished by the applicant shows three triplexes. In lieu of a triplex, the applicant may construct two attached residences and one detached residence wherever the Site Plan shows a triplex. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION I (pP-02-029) 9 MAYOR ROBERT D. CORRIE (TIE BREAKER) ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works By action of the City Council at its regular meeting held on the I! t!::: day of m.ll/lf'~ ,2003. , ROLLCALL COUNCILMAN BIRD VOTED* COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED !.fo'- VOTED ~ COUNCILMAN NARY VOTED DepartlJ1ent and City Attorney. BY~' ,/}~ (j City Clerk Dated: J -/2.. -0.:3 Z:\WorklMlMeridianlMeridian 15360MlScot1sdaJe ViII.s Sub RZ-03-002 PP-02-029 CUP-02-045\FfClsOrdPP,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTTSDALE VILLAS SUBDIVISION I (pP-02-029) 10 ,