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