HomeMy WebLinkAboutSutherland Farm Subdivision No. 4 PP-04-009
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR SUTHERLAND FARM
SUBDIVISION NO.4 FOR 79
BUILDING LOTS AND 8 COMMON
LOTS ON 16.1 ACRES LOCATED
APPROXIMATELY Y, A MILE
SOUTH OF OVERLAND ROAD ON
THE EAST SIDE OF S. EAGEL
ROAD, MERIDIAN, IDAHO
BY: SUTHERLAND FARM, INC.,
APPLICANT
CIC 06/08/04
CIC 06/15/04
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Case No. PP-04-009
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 June 8, 2004 and continued until June 15, 2004, and Anna Powell Planning and Zoning
Director for the Planning and Zoning Department, appeared and testified, and the City Council
having received a report from Steve Siddoway for the Planning and Zoning Department, and
Bruce Freckleton, Engineering Technician III, 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 Preliminary Plat "PRELIMINARY PLAT SUTHERLAND FARM NO.4,
LYING IN THE SW y" SEC. 21, TAN., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO,
CAD FILE: 11967PPI, PROJ. #: GAL\11967, DRAWING NO.:, DRAWN BY: B.A.K.,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 1 ofl3
DESIGN BY: 8.A.P., CHECKED BY: GAL., LAST UPDATED: 06/15/04, SHEET 1I0F 3,
HANDWRITTEN DATE: 6-15-04, STAMPED: RECEIVED JUN 152004 CITY OF
MERIDIAN CITY CLERK OFFICE, SUTHERLAND FARM, INC. - OWNER/DEVELOPER,
J-U-B ENGINEERGS, INC. - ENGINEER", Sutherland Farm, Inc., 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 Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, InITastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the
property is presently zoned R-4, however, an application for re-zoning to R-8 is before the
Council, and requires connection to the Municipal Water and Sewer System. [Meridian City
Code § 11-7-2 D]
2.
The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6,2002, Resolution No. 02-382. It is found that the
subdivision appears to be in conformance with the Comprehensive Plan.
3.
It is determined that Urban Services can be made available to accommodate a
portion of the proposed development. The developer will be installing sewer, water, local street
infrastructure, utilities and irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-O4-009)
Page 2 of13
4.
The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and ifthe 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, as the improvements will be funded and constructed by the
developer. Because the developer is installing sewer, water, local street inITastructure, utilities
and irrigation.
5.
The development ifbuilt 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. It is found that the development will not require
major expenditures for supporting services. It is found that the City and its related services are
capable of servicing the proposed development. ACHD considers road safety issues in their
analysis; no hazardous natural features have been identified on the site.
6.
There are no significant existing trees that affect the consideration ofthis
application.
7.
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.
8.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as "PRELIMINARY PLAT SUTHERLAND FARM NO.
4, LYING IN THE SW y" SEC. 21, TAN., R.lE., B.M., MERIDIAN, ADA COUNTY,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 3 of 13
IDAHO, CAD FILE: l1967PPI, PROJ. #: GALli 1967, DRAWING NO.:, DRAWN BY:
BAK., DES1GN BY: 8.A.P., CHECKED BY: GAL., LAST UPDATED: 06/15/04,
SHEET 1/0F 3, HANDWRITTEN DATE: 6-15-04, STAMPED: RECEIVED JUN 15 2004
CITY OF MERIDlAN CITY CLERK OFFICE, SUTHERLAND FARM, INC. -
OWNER/DEVELOPER, J-U-B ENGINEERGS, INC. - ENGINEER".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The Preliminary Plat of the applicant as evidenced by having submitted the
Preliminary Plat "PRELIMINARY PLAT SUTHERLAND FARM NO.4, LYING IN THE SW
y" SEC. 21, TAN., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, CAD FILE:
11967PPl, PROJ. #: GAL111967, DRAWING NO.:, DRAWN BY: B.A.K., DESIGN BY:
8.A.P., CHECKED BY: GAL., LAST UPDATED: 06/15/04, SHEET 1/0F 3,
HANDWRITTEN DATE: 6-15-04, STAMPED: RECEIVED JUN 15 2004 CITY OF
MERIDIAN CITY CLERK OFFICE, SUTHERLAND FARM, INc. - OWNERIDEVELOPER,
J-U-B ENGINEERGS, INC. - ENGINEER", Sutherland Farm, Inc., Developer is hereby
conditionally approved; and
2.
The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as modified by the P&Z Commission, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 4 of 13
SITE SPECIFIC COMMENTS - PRELIMINARY PLAT
1.
All landscaping will be required per the landscape plans submitted with the
application, with modifications as noted in the CUP section of this report.
2.
All conditions of the accompanying Conditional Use Permit application shall also be
considered conditions ofthe Preliminary Plat.
3.
Sanitary sewer and water service to this development shall be via mainline
extensions from the existing City of Meridian mains adjacent to the project.
4.
Add or revise the following final plat notes:
(17.) "...a blanket sewer, emergency access, and pedestrian path
easement.... "
5.
Revise the landscape plan to include at least 31 trees along the Ridenbaugh Canal
pathway, as per the plan approved with the original plat.
6.
All common drives shall be 20 feet wide, as depicted on the Plat.
GENERAL COMMENTS-PRELIMINARY PLAT
1.
Please submit a copy of the Ada County Street Name Committee's approval letter
for the subdivision name. 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 final plat.
4.
Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8.
5.
100-watt, high-pressure sodium streetlights will be required at locations designated
by the Public Works Department. Any streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections andlor fire hydrants. Final
design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit
ITom the Public Works Department prior commencing installations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 5 of13
6.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral
users association approval can't be obtained, plans will be reviewed and approved
by the meridian City Engineer prior to final plat signature.
7.
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new
off-street parking areas. All drainage water is to be maintained on-site. Storm water
treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standards and policies.
Off-site disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
Please submit all updated groundwaterlsoils reports to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water will percolate or discharge within a period oftime
not to exceed 24 hours for all storms up to and including a 100-year storm event.
Side slopes within drainage areas shall not exceed 3: 1.
8.
Any tree over 4" in caliper that is removed ITom the property shall be replaced by
installing additional trees, 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 are 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 ITom 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.
11.
Compaction test results must be submitted to the Meridian BuildingDepartrnent for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 6 of 13
B.
Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1.
Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter
andS-foot concrete sidewalks abutting the site, as proposed.
2.
Construct South Bay Star Way as a 52-foot street section with vertical curb,
gutter 5-foot concrete sidewalks and a lO-foot wide median within 66-feet of
right-of-way, as proposed.
3.
Construct East Rolfe Street, South Flame Way, East Quinn Drive and South
Nephrite Way as 36-foot street sections with rolled curb, gutter and 5-foot
concrete sidewalks within 50-feet of right-of-way, as proposed.
4.
Construct a residential collector roadway (South Bay Star Way) to intersect East
Easy Jet Drive approximately 47S-feet east of the west property line to align
with South Bay Star Way on the south side of Easy Jet Drive, as proposed.
5.
Construct a lO-foot wide median within the public right-of-way of South Bay
Star Way, as proposed. Construct the island so that the roadway around the
traffic island maintains a minimum of a 21-foot street section. The landscape
island within the public right-of-way dedicated by this plat shall be owned and
maintained by a homeowners association. Notes of this shall be required on the
final plat.
6.
Other than the access point that has specifically been approved with this
application, direct lot access to Easy Jet Drive and South Bay Star Way is
prohibited. Notes of this shall be required on the final plat.
7.
Comply with all Standard Conditions of Approval.
Standard Conditions of Avvroval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street ITontages abutting the
site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 7 ofl3
3.
Replace any existing damaged curb, gutter and sidewalk and any 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 Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
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.
7.
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 #198, also known as Ada County
Highway District Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant 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 (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD 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 confirmation of
any change ITom the Ada County Highway District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 8 of 13
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 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
waiverlvariance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C.
Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval ITom appropriate entities is submitted.
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. Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project
shall obtain current best management practices for stormwater disposal and
design a stormwater management system that prevents groundwater and
surface water degradation.
D.
Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to final platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans.
4. The Developer must comply with Idaho Code 31-3805.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (PP-04-009)
Page 9 ofl3
E.
6.
5. NMID recommends that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
One and two family dwellings will require a fire 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. International Fire Code
Appendix C.
2.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire hydrants shall have the 4 y," outlet face the main street or
parking lot aisle.
b. The fire hydrant shall not face a street which does not have
addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10'
to each side of the hydrant location.
e. Fire hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets
within 10'.
3.
All entrance and internal roads shall have a turning radius of28' inside
and 48' outside radius.
4.
Provide a 20' wide Fire Lane for all internal and external roadways.
s.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
To increase emergency access to the site a minimum of two points of access
will be required for any portion of the project, which serves more than 50
homes. 'The applieant shall pfB-.<itle a s!liè street te the preperty te the
(westleaGt/aerthlsoBtfi). The two entrances shall be separated byno less than
Yz the diagonal measurement of the project. (Deleted second sentence per
City Council action at their June 15, 2004 meeting.)
7. Building setbacks shall be per the Building Code for one and two story
construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 10 of13
F.
G.
H.
8.
The roadways shall be built to Ada County Highway Standards and shall
have a clear driving surface, available at all times, which is 20' wide.
Streets with less than a 29' street width shall have no parking. Streets with
less than 33' shall have parking only on one side.
9.
Maintain a separation of5' ITom the building to the dumpster enclosure.
10.
Lot 43, Block II, shall be posted "No Parking", fire lane, per the
International Fire Code.
Adopt the Recommendations of the Meridian Police Department as follows:
1. To increase emergency access to the site, the applicant shall provide an
emergency access on Lot 41, Block II. The Applicant has submitted a revised
plat/site plan to reflect this requirement.
Adopt the Recommendations of Sanitary Services as follows:
1.
SSC will not provide trash pick-up services utilizing the common driveways.
Prior to release of building permits for homes that take access ITom the
common driveways, the developer shall install a concrete pad at the end of
the common drive no more than five (5) feet behind the sidewalk. The pad
shall be of sufficient area to accommodate the receptacles of the residences
that take access from the common driveway. Receptacles shall be placed on
the concrete pad on collection day in a manner that does not cause a
nuisance.
Adopt the Recommendations of the Parks Department as follows:
2.
1.
Pathway and Trail Standards: The proposed pathway andlor trail shall meet
the standards as set forth in the August 2003 Comprehensive Parks and
Recreation System Plan, pgs. 3-2 and 3-3, sections B & C.
Standard for City to assume Maintenance of a section of Pathway: The
pathway must connect ITom one major arterial to another, either an easement
or ownership deed must be granted before the city will assume the
maintenance of any section of pathway.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 11 of13
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 [mal decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
Please take notice that this is a final 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 may be adversely affected by this decision may, within
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 6-r4
day of J..~ ' 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED*~
VOTED /t6~
VOTEDþ
VOTED-
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
Attest:
~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 12 of 13
By: ~'L (l J1JlillUY\
CIty Clerk's Office
Dated: l-cx-,C'A
Z:\Work\M\MeridianlMeridian 15360MlSutheriand Fann Subdivisiou No.4 Rz.()4-006 PP-O4:O09 CUP:O4-009IFfC~OrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT
SUTHERLAND FARM SUBDIVISION NO. 41 (pP-04-009)
Page 13 of 13