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Tremont Place Subdivision PP 99-004BEFORE THE CITY COUNCIL OF THE CITY OF MERiDIAN IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR TREMONT PLACE ) SUBDIVISION BY LUNA ) VISTA, INC. ) ) Case No. PP-99-004 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 the 18th day of May, 1999, and Shaft Stiles, Gary Smith and Kenny Bowers of the City of Meridian, appeared at the hearing, and Bob Unger of Pinnacle Engineers on behalf of the applicant, and Charles Stuart, a neighboring property owner, appeared at the hearing and testified, and the City Council having received a report from Shaft Stiles, the Planning and Zoning Administrator, 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 latest Preliminary Plat Drawing dated: Drawing Revision date 3/9/99, DRAWN BY DAB, PROJECT NO. 98870 BY PINNACLE ENGINEERS, INC. for Tremont Place Subdivision, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOP. TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council maizes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance ~vith 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, the property is presently zoned Medium Density Residential (R-8), 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 deterwdned 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 2 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: "Drawing Revision date 3/9/99, DRAWN BY DAB, PROJECT NO. 98870 by Pinnate Engineers, Inc. for Tremont Place Subdivision". 8. Results of test hole investigations performed January 19, 1999, indicate that groundwater is some~vhat shallow (approx. 2.5' from surface). The investigation was performed at a time when the groundwater table is generally near its annual low. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. 9. The legal description submitted with the application appears to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 3 Commission. 10. The preliminary plat does not show pressurized irrigation, nor does it show water service to all of the lots within the development or to proposed fire hydrants. 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 The Preliminary Plat of the applicant as evidenced by "Drawing Revision date 3/9/99, DRAWN BY DAB, PROJECT NO. 98870, by Pinnacle Engineers, Inc. for Tremont Place Subdivision", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Amended Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Sanitary sewer service to this site shall be provided via an existing main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western Pines) facility. 2.2 The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 4 minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 2.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. 2.4 Pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 2.5 Applicant shall, as proposed, pipe the Nine Mile Drain within a 36" pipe (plat states 36' pipe). 2.6 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be piped per City Ordinance 11- 9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlca Department. 2.7 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.8 Five-foot-wide sidewalks shall be provided in accordance with City Ordinance Section 11-9-606.B. 2.9 A letter from the Ada County Street Name Committee shall be submitted approving the subdivision and street names. 2.:10 Fire hydrant placement shall be coordinated with the City of Meridian's Water Works Superintendent. 2.11 Applicant shall be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 5 Depamnent, Sewer manholes shall be provided to keep the sewer lines on the south and west sides of centerline. 2.12 Applicant shall be responsible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.13 Existing ditch easements and Union Pacific Railroad right-of-way shall be indicated on the prdiminary plat map. The plan shall be revised to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results shall be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 2.14 Two-hundred-fifty-and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public WorLs Department. All streetlights shall be installed at sub- divider's expense. Typical locations are at street intersections and/or fire hydrants. 2.15 Ownership plans shall be submitted for the pressurized irrigation system. 2.16 Applicant shall be responsible for construction of a six-foot-high, permanent perimeter fence along property boundary., except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. Applicant shall also install non- combustible, four-foot-high non-sight-obscuring fencing along the easement line for Nine Mile Creek. Fencing is to be in place prior to applying for building permits. 2.17 A pedestrian wallcway/bike path shall be constructed along Nine Mile Creek. The common lot shall be owned and maintained by the homeowners association. Detailed plans of all landscaping, fencing and walkways for all common areas shall be provided. A letter of credit or cash will be required for these improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 6 prior to signature on the final plat. 2.18 A detailed landscape plan for the common areas, including fencing locations 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 shall be required for the improvements prior to signature on the final plat. 2.19 A minimum 20-foot-wide planting strip beyond the Union Pacific Pmilroad right-of-way is required. Fencing shall not encroach upon this planting strip. 2.20 Additional groundwater monitoring may be required to determine the seasonal high groundwater elevation. This testing shall be performed by a soils scientist. 2.21 Water service to this development is contingent upon positive results from a hydraulic analysis from our computer model. The existing six-inch lines may not be adequate to meet the required fire flows for this development. 2.22 Nine Mile Creek shall remain open as an existing natural feature and applicant will provide written confirmation of approval from the respective authorities responsible for the waterway. 2.23 The preliminary plat shall be revised to include plans for all utilities to all lots within the subdivision. 2.24 The developer shall comply with Meridian City Zoning and Development Ordinance 2-411 (D)(2) and (3). 2.25 A permanent turnaround shall be provided on W. Ninth Street. Temporary tumarounds shall be provided at the ends of W. Eighth Street and Broadway Avenue. Adopt the Ada County Highway D~stnct Recommendations as follows: 2.26 Utility street cuts in new pavement less than five years old are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 7 not allowed unless approved in writing by the District. 2.27 An ACHD approved turnaround shall be constructed at the end of 8th Street. A design of the turnaround shall be submitted for review and approval by the District staff. 2.28 An ACHD approved knuckle or turnaround shall be constructed at the terminus of 9th Street. A design of the knuclde or turnaround shall be submitted for review and approval by the District staff. 2.29 An ACHD approved knuclde or turnaround shall be at the terminus of Idaho Street. A design of the knuclde or turnaround shall be submitted for review and approval by the District staff. 2.30 Broadway Avenue to the western property line between Lot 15, Block 2, and Lot 12, Block 3 shall be stubbed. A paved temporary turnaround shall be provided at the terminus of Broadway Avenue with a temporary easement provided to the District. All designs shall be coordinated with the District staff. 2.31 Idaho Avenue to the western property line between Lot i 1, Block 1, and Lot 1, Block 2 shall be stubbed. 2.32 All the proposed streets shall be constructed as 37-foot street sections with curb, gutter and 5-foot wide side~valks within 50- feet of right-of-way. 2.33 A 5-foot wide concrete sidewalk shall be constructed on 8th Street abutting the existing curb on this site's frontage. 2.34 A 5-foot wide concrete sidewalk shall be constructed on Broadway Avenue abutting the existing curb on this site's frontage. Adopt the Meridian Fire Department's Recommendations as follows: 2.35 Turnaround shall be installed on Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA V1STA, INC. - 8 2.36 No parldng of vehicles or trailers shall be permitted in the cul-de- sac. 2.37 All roads and street signs will be installed before building is started. Adopt the Central District Health Department's Recommendations as follows: 2.38 The Applicant shall obtain written approval for the central sewage and central water prior to the approval of the Preliminary Plat. 2.39 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health Sc Welfare, Division of Environmental Quality. 2.40 Run-off is not to create a mosquito breeding problem. 2.41 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.42 The engineers and architects involved with the design of this project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa Sc Meridian Irrigation District Recommendations as follows: 2.43 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.44 Requires all laterals and wasteways be protected. 2.45 All municipal surface drainage shall be retained on site. 2.46 If any surface drainage leaves the site, the Nampa Sc Meridian Irrigation District must review drainage plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC.- 9 2.47 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. 2.48 It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. The Planning and Zoning Commission further advises: 2.49 After Staff review relating to the water main line the applicant shall provide sufficient water and adhere to subsequent Staff recommendations. 2.50 Applicant shall guarantee continued irrigation to the neighbors to the north during and after construction, pursuant to an agreement with and to the satisfaction of the aforementioned neighbors. 2.51 Applicant shall pursue the appropriate approval from the Nampa- Meridian Irrigation District and the Corps of Engineers to run lines across Nine Mile Creek. 2.52 Applicant shall pursue an agreement with the Nanxpa-Meridian Irrigation District on the common area on the Nine Mile Creek and for purposes of appropriately designing the pedestrian path. 2.53 Applicant shall pursue an encroachment agreement with the Nampa-Meridian Irrigation District to provide for a minimum planting strip of 10 feet along the common area. By action of the City Council at its regular meeting held on the /~_~A day of /PJ'2 ~7~L. , 1999. Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF I~W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 10 City Clerk Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: -Td-'-~-~)-q ~ ( l~I.~w~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION - LUNA VISTA, INC. - 1 1