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HomeMy WebLinkAboutSageland PD PP 03-020T~ECEIVE~ JAN 11 1004 1 ntCrOff1 Ce City Of Meridian MEMORANDUM City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Sageland Subdivision File: PP-03-020 Date: ,tanuary 8, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their January 6, ?004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Pubic Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z-~~~Rn9J~M\MendlanAMeiidfun 153lOM\SugelunJ Planned De~~elnpmcm A&03-01? PP-03-020 CUP-03-03(iABurgl'mPIa WIENIO I I U±OJ doc~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/23/03 - Re-noticed due to plat chances C/C 10/14/03 C/C 10/21/03 C/C 10/28/03 C/C 1'UL/03 C/C 11 /25/03 GC 12/09/03 C/C 12/16/03 C/C O1/O6i04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SAGELAND SUBDIVISION FOR 4I BUILDING LOTS AND 9 OTHER LOTS ON 10.64 ACRES LOCATED AT THE NORTHEAST CORNER OF LOCUST GROVE ROAD AND EAST VICTORY ROAD, MERIDIAN, IDAHO BY: QUASAR DEVELOPMENT, LLC, APPLICANT Case No. PP-03-020 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 September 23, 2003, and then re-noticed to October 14, 2003, and continued until October 21, 2003, October 28, 2003, November 12, 2003, November 25, 2003, December 9, 2003, Dedember FINDINGS OF FAC"1' AND CONCLUSIONS OE LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDMSION / (PP-03-020) 16, 2003, and January 6, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Pubic Works Department, Wayne Forrey, Bruce Nlills, and Lucian Tumaha, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II for the Planning and Zoning Department, and Bruce Freckletar, Engineering Technician IlI, and the City Counci] having received as part of the record of this matter the recommendation to City Council of the Plaiming and Zoning Commission and the applicant having submitted the two pages, one page being "Exhibit B of the Sageland PD Attached or Detached Garage Location with 5.0' setback Exhibit "B" Claiboro Waite Consulting, LLC, Date: 12/29/2003 with the Transmittal Letterdated 12/31/2003" and the "PRELIIVI[NARY PLAT, A PORTION OF THE SW % OF THE SW '/>, SECTION Z0, T.3N., R. I E., B.M., MERIDIAN, ADA COUNTY, IDAHO, SAGELAND PD A PLANNED RESIDENTIAL SUBDIVISION, PROJECT NO. 2145, SHEET NO. 1, HANDWRITTEN DATE ON EXHIBIT "B" :12./29!03 AND TRANSMITTAL LETTER DATE: 12/31/03, QUASAR DEVELOPMENT, LLC -APPLICANT, CLAIBORN/WRITE CONSULTING, LLC - ENGINEER/SURV"EYOR", Quasar Development, 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 IIrban Area as defined in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructw-e'Plauning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Cotmcil, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § I1-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The proposed subdivision meets goals of the Comprehensive Plan through the following: providing a pathway which will become a part of Meridian's pathway system, providing a park, and through the addition of a variety of housing types to Meridian's housing inventory. It is determined fllat 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. The proposed subdivision will he serviced by an existing network of streets, and water and sewer mains are located within close proximity to the subject property. 4. The proposed development is a continuity of the proposed development within. the City's Capital Improvement Program azid if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, 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. The developer will pay for the development ofroads within the proposed subdivision and for the extensiomof city services to the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 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. The developer will pay for the extension of urban services to the subject property and for roads within the subdivision. 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 o'fthe preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval drawing oCthe preliminary plat herein designated as: having submitted two pages and one page being "Exhibit B of the Sageland PD Attached or Detached Garage Location with 5.0' setback Exhibit "B" Claibom Waite Consulting, LLC, Date: 12/29/2003 with the Transmittal Letter dated 12/31 /2003" and the "PRELIMINARY PLAT, A PORTION OF THE S W '/4 OF THE SW ''/a, SECTION 20, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, SAGELAND PD A PLANNED RESIDENTLAL SUBDIVISION, PROJECT NO. 2145, SHEET NO. 1, HANDWRITTEN DATE ON EXHIBIT "B" :12/29/03 AND TRANSMITTAL LETTER DATE: 12/3l/03, QUASAR DEVELOPMENT, LLC-APPLICANT, CLA~IBORN/WRITE CONSULTING, LLC-ENGINEER/SURVEYOR". 8. The City Council recognises the concerns of Matt Schultz, in a letter dated August 15, 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OP CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAG ELAND SUBDIVISION / (PP-03-020) DECISION AND ORDER Pursuant to tlrc City Council's authority as provided in Meiidiao City Code ~~ ] 2-3-5 and based upon the above and foregoing Findings of FacC which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by having submitted two pages and one page being "Exhibit B of the Sageland PD Attached or Detached Garage Location with 5.0' setback Exhibit "B" Claiborn Waite Consulting, LLC, Date: 12/29/2003 with the Transmittal Letter dated. 12/31/2003" and the "PRELIMINARY PLAT, A PORTION OF THE SW '/a OF THE S W '/4, SECTION 20, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAFIO, S AGELAND PD A PLANNED RESIDENTIAL SUBDNISION, PRO:fECT NO. 2145, SHEET NO. 1, HANDWRITTEN DATE ON EXHIBIT "B" :12/29/03 AND TRANSMITTAL LETTER DATE: 12/31103, QUASAR DEVELOPMENT, LLC - APPLICANT, CLAIBORN/WRITE CONSULTING, LLC - ENGINEERiSURVEYOR"; Quasar Development, LLC, Developer is hereby conditionally approved; and The conditions of approval are as follows to-wit: FINDINGS OF FACT AND CONCLUSIONS OP LAW AND ORDER OF CONDITIONAL APPROVAL OF PIZELINIINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Install a swing gate on proposed private street per the recommendation of the Meridian Fire Department. Add 28' feet of grass Crete and subtract 28' of asphalt from the proposed private street. 3. Add a third bullet on page 10, item 10, to add a note on the plat requiring across- access agreement for each set of shared driveways. Add a second bullet on page 10, item 'I 0, to add a note on the plat stating that no sight obscuring fence shall be taller than 4' in heighC along the regional pathway. micropaths, or open areas. B. Adopt the Recommendations of the Planning acid Zoning and Engineering staff as follows: Sanitary sewer and water service to this site shall be via main line extensions from existing mains in Che area. Applicant will be responsible for constructing the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department The developers of the Tuscany Village Subdivision, located at Che southwest comer of Victory Road and Locust Grove Road, have proposed to extend the Ten Mile trunk line through their proposed subdivision, rather than following Meridian's ,Public Works master plan which shows the Ten Mile Tnuilc route following Victory Road and Locust Grove. If the Meridian City Council approves this alternate route for the Ten Mile Trunk at their September 9°i meeting, sewer will not be readily accessible to the developers oC the Sageland Subdivision, and a substantial amount ofoff-site main would have to be installed by this developer. A permanent pedestrian easement, in favor of the City of Meridian, shall he recorded for the pedestrian pathway prior to the final plat being recorded. The instrument number for the easement shall be referenced ou Che final plat. The easement shall be sufficient width to cover the 20-foot wide pathway shown. The 10-foot wide hard surfaced pathway shall be constructed and fill ly improved prior to the issuance of the first Certificate of Occupancy far any building within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDNISION / (PP-03-020) subdivision_ Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located withi^ the easement. The note shall also indicate who will be responsible for landscaping maintenance within the easement. 3. Underground year-round pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the pressw~ized irrigation system within this development is to b e c onnected to an e xis[ing N ampa & M eridian Irrigation District system. If a single-point backup 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. 4. A detailed landscape plan shall be submitted with the final plat application. The detailed landscape plan shall include a 6' wrought iron fence along the western and southetn edges of the proposed neighborhood park to make it more difficulC for children using the neighborhood park to come into contact with traffic on Locust Grove Road and Victory Road. 5. Revise the proposed Privates[reettomeetthePrivateStreetstandardsofMeridian's Planned Development ordinance. 6. All grading of the site shall be performed in conformance with MCC 1 t-12-3H. 7. Submit up-[o-date groundwater monitoring report to the Public Works Department for review. The report submitted with the application only identifies the groundwater elevation on the day the test holes were dug in April. The initial study indicates that shallow groundwater may be a factor. Al] drainage areas (detention/retentionbesins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The prof ect engineer should pay close attention to the results of field studies determining the groundwater, soi I type & and characteristics during the design and construction phases. The engineer shall be required to certifythat the street centerline elevations are set aminimum of3-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 1-foot above groundwater. 8. Sidewalks shall be installed within the subdivision and on the perioleter of the subdivision pursuant to MCC 12-13-10-8. 9. Coordinate fire hydrant placement with the City of Meridian Public Worlcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 7 Deparhnent. 10. Add or revise the following preliminary plat notes: •Add a note to the face of the plat that requires any re-subdivision of this plat to be incompliance with the most recently approved subdivision standards of the City of Meridian. •Add a note to the face ofthe plat stating that no sight-obscru-ing fence shall be taller dean four feet in height. 1 L Ten (10) copies of the revised plat has been submitted to the City Clerk's Office for this plaC stamp dated December 29, 2003. GENERAL COMMENTS Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and [he lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works ,Department. 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 5nal plat. 4. Al] micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall he submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built i^ accordance with MCC12-] 3-10-8. 7. 250 and 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 afrer power designs are completed by Idaho Power Company. The street light contractor shall obtain design FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) and permit from the Public Works Department prior commencing installations. 8. The subject property has a number of mature trees. Any tree over'l" in caliper that is removed from the property shall be replaced by installing additional u~ees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. 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. 1 l . 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. 12. 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. C. Adopt the Recommendations of ACHD as follows: The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applica~lt, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) a total of 35-feet ofright-of--way from centerline (an additional l 0-feet ofright-of--way) along V ictory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of--way, but construct a minimum 5-,Foot wide concrete sidewalk along Victory Road, located a minimwn of 28-feet from the centerline of the right-oF way, in an easement provided to the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELEVIINARY PLAT SAGELAND SUBDNISION / (PP-03-020) c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjushnents to properly accommodate existing drainage and utilities. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) of right-of-way along Locust Grove Road, and construct aminimum ~-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of--way, but construct a minimum ~-tbot wide concrete sidewalk along Locust Grove Road, located a minimum of 28- feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct West Sagemoor StreeC to intersect Victory Road approximately 18~- feet west of the east property line, as proposed. 4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet north of Victory Road, as proposed. 5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached 5-foot concrete sidewak: with pai9cing on one side of the roadway within 50-feet ofright-of--way, as proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the roadway and adequate signage will be required. 7. Construct a private road, South Sagemoor Lane, to intesecf `v4'est Sagemoor Drive approximately 215-feet west of West Sagemoor Street. Tenuinate the private road at the northern property line of the proposed landscape buffer and install traffic bollards to minimize the connection. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRrI_IMINARY PLAT SAGEL:IND SUBDIVISION / (PP-03-020) 10 8. If the City of Meridian approves the private road, pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West Sagemoor Drive and install pavement Capers with 1 ~-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. Street name and stop signs are required for the private road. Verification of the correct, approved name of the road is required. Construct a cal-de-sac turnaround without a center island at the terminus of South Savia Place. Provide a minimum taming radius of 45-feet for the turnaround. ] 0. Victory Road and Locust Grove Road are classified roadways. Other than the access points that are specifically approved with this application, direct lot access to Locust Grove Road and Victory Road are prohibited. Notes of the lot access restrictions are required on the fnal plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-o[=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 airy 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 Nighway Disn-ict Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACI-[D Ordinances unless specifically waived herein. An ongineer registered in the State ofldaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 11 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. 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 #197, also Known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicanC 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 (I - 800-342-1585) at least two full business days prior to breaking ground within ACRD 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 conftrmation 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 d7e applicant or its successors in interest advises the Highway District of its intent to change the planned use of Che 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: The project which comprised ofsingle family dwellings will require afire-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. 1997 UFC Appendix III-A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 1~ Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the proposed private drive, need to be removed from the plat. 7. Note that parking is prohibited on both sides of S. Signorello Lane. 8. Note that parking is prohibited on the southern side of E. Sagemoor Drive and the west side of S. Siduri Lane. 9. Note that parking is prohibited in front of lots 20, 21, 22, and 23 of Block 2 along the western side of S. Savia Place. E. Adopt the Recommendation of Nampa & Meridian h-rigation District as follows: Applicant shall apply for a Land Use Change/Site Application. and '.fled for review prior to final platting for PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses along the east and north boundary. This easement must be protected and any encroaclunent without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 13 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. Stoonwater shall be pretreated through a grassy Swale prior to discharge to d1c subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with [he design of the subject project shat I obtain current best management practices for stonnwater disposal and design a Stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of the Parks Department as follows: The pathway must comply with the recommended pathway standards. H. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows: The revised submitted plat Exhibit "B" adds a note to reflect that rear yard setbacks for detached garages shall be 5 feet. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the Transmittal Letter dated 12/3]/03, and which provides for a traffic calming island at the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved. The revised Preliminary Plat denotes 41 building lots with 9 other lots. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS 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 fmal decision FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELINI[NARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 14 concerning the matter at issue. A request for a regulatory takings analysis will tol l the time period within which a Petition for .ludicial Review may be filed. Please take notice that this is a tinal 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 maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. f~ By action of the City Council at its regular meeting held on the day of ~CvwGCC~ia, , 2004. ROLL CALL COUNCILWOMAN CHERIE MCCP,_NDLESS VOTED_~ COUN'CILM.4N BELL NAR}' \'OTED_ _~- COUNCILWOMAN TAMMY de WEERD b'OTED~ COUNCILMAN KEITH BIRD VOTED~- MAYOR ROBERT CORRIE VOTED ~- (TIE BREAKER) Mavor Robert D. orrie FINDINGS OF FACT AND CONCLliS10NS OP LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-020) 1~ Attest: William G. Berg, Jr., ~~ rFO SEAL y O) ~i 9 /Z,r~Q9 GAT isi •, ~.~~ Copy served upon Applicant, The Planning aiid"~dn'iiig~Department, Public Worl<s Department atld City Attorney. City Clerk -ZZ-o¢ ''7.:AWurl-.'vlAiblerlJiunAMcridian 15360M\Sa~eland Planned Devclopinent AZ-03-015 PR03-020 FINDINGS OF ]ACT AND CONCLUSIONS OF LAW AND ORDER OF CONDI"IIONAL APPROVAL OP PRELIMINARY PLAT SAGELAND SUBDIVISION / (PP-03-02U) "~„uui"'°p~~. ,~ G~ ~G°µaoRq rFa 'L ~,, SEi~L = - ~ ,~. ,9 \yP ,., 1 C!s'Ord PP din. .,, „ 16