Tarawood Subdivision PP 99-012
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR TARAWOOD
SUBDIVISION BY
MICHELANGELO
INVESTMENTS, LLC,
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Case No. PP~99-012
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 21, 1999, continued until October 5, 1999, and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and Becky
Bowcutt of Briggs Engineering, Inc., appeared for the Applicant, and Frank Stoppello,
the owner of the property, appeared and testified, and appearing in opposition was
Clint Riley, President of Los Alamitos Subdivision, and additionally continued to
November 3, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared at
the hearing, and the Applicant's representative, Becky Bowcutt of Briggs Engineering,
Inc., appeared at the hearing and testified, and the City Council having received a
report from Bruce Frecldeton, Assistant City Engineer, and Brad Hawkins-Clark,
Assistant Planner, 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 Drawing DWG DATE: 06-
30-99, DWG NO: 990SIO-PRE, SHEET: I OF 1 PRE, \STO-PRE. JSM, stamped
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT-
TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 1
JUL 01 1999, BRIGGS ENGINEERING, INC., for TARA.WOOD SUBDIVISION,
submitted for preliminary plat approval and which preliminary plat for approval
application is herein received and adjudged by the City Council pursuant to Section
11-9-604, Municipal Code of the City of Meridian. Therefore the City Council
makes the following findings:
FINDINGS OF FACT
I. 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 Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993 and, the property is presently zoned, and requires connection to the
Municipal Water and Sewer System. [see Section 11-2-408(B)(4), Municipal Code of
the City of Meridian. ]
2. The preliminary 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 forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 2
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Assistant City Engineer
and as proposed by the developer as stated on the preliminary plat there will be
public financial capability of supporting services for the proposed developntent.
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 dra'wing
of the preliminary plat herein designated as: "DWG DATE: 06-30-99, DWG NO:
990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped JUL 011999,
BRIGGS ENGINEERING, INC., for TARAWOOD SUBDIVISION".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Section 11-9-
604E of the Municipal Code of the City of Meridian and based upon the above and
foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT-
TARA WOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 3
1. The Preliminary Plat of the applicant as evidenced by "DWG DATE:
06-30-99, DWG NO: 990510-PRE, SHEET: 1 OF 1 PRE, \STO-PRE. JSM, stamped
JUL 01 1999, BRIGGS ENGINEERING, INC., for TARAWOOD SUBDIVISION",
is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Ada County Highway District's Recommendations as follows:
2.1 Developer shall extend Bayou Bar Way into the subdivision between
Lot 3, Block 1, and Lot 1, Block 2, as a 37-foot street section, with 5-
foot wide attached concrete sidewalk in 50-feet of right-of-way.
Transition of the sidewalk and right-of-way dedication shall be
coordinated with District staff.
2.2 Developer shall extend Gold Bar Way into the subdivision between Lot
9, Block 2, and Lot 15, Block 3, as a 7-foot street section, with 5-foot
wide attached concrete sidewalk in 50-feet of right-of-way.
2.3 Developer shall extend Short Horn Avenue into the subdivision between
Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5-
foot wide attached concrete sidewalk in 50-feet of right-of-way.
2.4 Developer shall construct all public roads within the subdivision as 37-
foot street sections with curb, gutter, and 5-foot wide concrete sidewalks
within 50-feet of right-of-way.
2.5 Developer shall construct an ACHD approved turnaround at the north
end of Shorthorn Avenue, and at the east end of Talawood Avenue, vvith
a minimum turning radius of4S-feet. Applicant shall submit designs of
the turnarounds for review and approval by District staff.
2.6 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 -
TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 4
2.7 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 DIGUNE (1-800-342-ISSS) at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 337-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of
construction.
2.8 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.
2.9 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 regulatOlY 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 Central District Health Department's Recommendations as follows:
2.10 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.
2.11 Run-off is not to create a mosquito breeding problem.
2.12 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.13 The Engineers and architects involved with the design of the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT-
TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 5
project shall obtain current best management practices for stormwater
disposal and design a stOfmwater management system that prevents
groundwater and surface water degradation.
Adopt the Nampa & Meridian Irrigation District Recommendations as follows:
2.14 Applicant shall submit a Land Use Change/Site Development
application for review prior to final platting.
2.15 Requires all laterals and wasteways be protected.
2.16 All municipal surface drainage shall be retained on site.
2.17 If any surface drainage leaves the site, the N ampa & Meridian Irrigation
District must review drainage plans.
Adopt the Meridian Fire Department's Recommendations as follows:
2.18 All street name signs shall be installed before building commences.
2.19 No parking of vehicles or trailers in cul-de-sacs.
2.20 All common areas shall be kept clear of trash and weeds.
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
2.21 Applicants shall provide five-foot-wide sidewalks in accordance with
City Ordinance Section 11-9-606.B.
2.22 Fire hydrant placement shall be coordinated with the City of Meridian
Public Works Department.
2.23 Indicate on the final plat map any FEMA Flood Plains affecting the area
being platted, and detail plans for reducing or eliminating the boundary.
2.24 Applicant will be responsible to construct the sewer main to and
through this proposed development. Subdivision designer to coordinate
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT-
TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 6
main sizing and routing with the Public Works Department. Sewer
manholes are to be provided to keep the sewer lines on the south and
west sides of the centerline.
2.25 Applicant will be responsible for the construction of the water system
improvements to and through this proposed developntent. Subdivision
designer to coordinate sizing and routing with the Public Works
Department.
2.26 100-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.
2.27 Applicant to provide for a common lot to be owned and maintained by
the Home Owner's Association along the southern boundary of the
subdivision from Nine Mile Drain to the Ridenbaugh Canal, which
common lot shall be of sufficient width as required by staff for
pedestrian access use.
2.28 A detailed landscape plan for the common areas, including fencing
locations, pathways and types of construction, shall be submitted for
review and approval with the submittal of the final plat map. A letter of
credit or cash surety will be required for the improvements prior to
signature on the final plat.
Adopt the recommendations of the Planning and Zoning Commission as follows:
2.29 Applicant shall maintain or deed lot I block 1.
By action of the City Council at its regular meeting held on the /G1Z-day of
A ~ 1/ e h-- 6-8-.....;
/VC , 1999.
By:
R' T D. CORRIE
Mayor, City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 7
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
ByJ~~;1Lf/6L ~
City Clerk j/ ,f'
Dated:
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I1lsglZ:\ W ork\M\Meridian 15360M\Tarawood Subdivision\FfClsOrd.PP
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - 8
** TX CONFIRMHIION REPORT **
AS OF NOV 15 '99 10:21 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
10 11/15 10:18 12083452950
MODE MIN/SEC PGS CMD~ STATUS
EC--S 03'08" 009 205 OK
November 12, 1999
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16, 1999
APPLICANT: MICHAELANGELO INVESTMENTS - &.;:.L,t.-',/ 3 tf.5" ;t. 157)
t'
REQUEST: RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD
ITEM #: 2
COMMENTS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLlCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT;
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDJAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
SEE FINDINGS
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNlY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public m09tings shall becomo property oftho City of Meridian.
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