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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, ) ) ) ) ) ) ) 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: //-It--fr 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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