HomeMy WebLinkAboutSecret Garden Subdivision PP-04-020
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C-OS/I0/04
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT APPROVAL OF 7 BUILDING)
LOTS AND 1 OTHER LOT ON 1.11 )
ACREAS IN A PROPOSED R-S ZONE)
FOR SECRET GARDEN SUBDIVISION)
)
)
Case No. PP-04-020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
PINNACLE ENGINEERS, INC.
Applicant
The above entitled matter coming on regularly for public hearing before the City Council
on August 10, 2004, and Anna Canning, and Chris Hobbs, appeared and testified, 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 revised preliminary plat of Secret Garden
Subdivision submitted for preliminary plat approval and which revised 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.
The property is approximately 1.11 acres in size and is located at the half mile between
Fairview Avenue and Ustick Road on the east side of Locust Grove Road, within Section 5,
Township 3 North, Range 1 East.
2.
Oliver Cleaver and Debbie A. Cleaver are the current property owners and Oliver Cleaver
has provided notarized consent for the subject application.
3.
The Applicant is Pinnacle Engineers, Inc.
4.
The subject property is currently zoned R-8 and contains an existing residence and
outbuildings.
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 1 OF 13
5.
6.
7.
8.
The Applicant requests the property be zoned L-O (0.21 acres) and R-8 (0.89 acres),
which is existing.
The property which is the subject ofthis application is within the Area of Impact of the
City of Meridian.
The entire parcel of the property is included within the Meridian Urban Service Planning
Area as defined in the 2002 Meridian Comprehensive Plan.
The Applicant proposes to develop the subject property in the following manner: create
one(1) new office lot, six (6) townhome lots and one (1) common lot.
The City Council of the City of Meridian hereby approves the requested revised
Preliminary Plat as requested by the Applicant for the property described in the application,
subject to the following:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
1.
Per MCC 11-9-1, Lot 1, Block 1 shall be enlarged to meet the minimum L-O lot size
of7,000 square feet and to comply with the minimum five (5) side building setback
(for south side).
2.
Per MCC 12-6-2.A.6.c, construct a 24 foot wide private street, designed to ACHD
standards, ITom the property line east at least 90 feet into the site. A minimum 5-foot
wide sidewalk shall be constructed on the north side ofthe private street adjacent to
the office building. Also construct the 20-foot wide hammerhead drive surface to
ACHD street construction standards. Submit a street profile of the new private street
and show said profile on the revised Preliminary Plat.
3.
The developer shall be responsible to ensure at least one new, 2" caliper tree is
planted in the rear yards of Lots 3 - 8. The required landscaping and irrigation system
shall be installed prior to the issuance of a Certificate of Occupancy for any building
on any lot created by the subdivision. Landscaping and fencing must be bonded for
prior to applying for building permits.
4.
Sanitary sewer and municipal water service to this site shall be via new main
extensions ITom the existing mains adjacent to the property. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Cover over
the sanitary sewer shall be no less that three-feet ITom finish grade to the top of pipe.
Applicant shall execute City of Meridian standard form of easements, for any mains
that are required to provide service.
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 2 OF 13
5.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Nampa & Meridian Irrigation
District. Underground vear-round pressurized irrigation must be provided to all lots
within this development. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. The applicant shall be required
to utilize any existing surface or well water for the primary source. If a surface or
well source is not available, a single-point connection to the municipal water system
shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature
on the final plat by the Meridian City Engineer.
6.
There is no master street drainage plan included with this application. Please submit
final groundwater/soils monitoring data as prepared by a soils scientist with the final
plat. Any drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours for
all storms up to and including a 1O0-year storm event. Side slopes within drainage
areas shall not exceed 3:1. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and characteristics
during the design and construction phases.
GENERAL COMMENTS (preliminary plat)
1.
Please submit a copy of the Ada County Street Name Committee's final approval
letter for the subdivision name, and the lot and block numbering. 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, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4.
Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
5.
Two-hundred-fifty and one-hundred-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.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 3 OF 13
6.
B.
2.
3.
4.
subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department.
7.
Any existing domestic wells and/or septic systems within this project will have to
be removed ITom their domestic service per City Ordinance Sections 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
8.
Any drainage areas (detension/retension basins) must be designed to ensure that
water is retained only during 100-year storm events, and for a period of time not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1.
9.
Graphically depict any FEMA flood plain boundaries. Note restrictions
associated with the flood zone on the face of the preliminary plat.
10.
Performance specifications for the common area pressurized irrigation system
shall be submitted with each Final Plat application.
11.
Staff's failure to cite specific ordinance provisions does not relieve the Applicant
of responsibility for compliance.
Adopt the Meridian Fire Department Recommendations as follows:
1.
Upsize the proposed 6" water line to 8" and provide fire hydrants at the "T"
intersection within the project.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. International Fire Code Appendix D
Acceptance ofthe water supply for fire protection will be by the Meridian Water
Department.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
Fire Hydrants shall be placed on coruers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
b.
c.
d.
e.
f.
FINDINGS OF FACT ANDCONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 4 OF 13
c.
4.
5.
All entrance and internal roads shall have a turning radius of28' inside and 48'
outside radius.
6.
Provide a 20' wide Fire Lane for all internal & external roadways.
7.
Building setbacks shall be per the Building Code for one and two story
construction.
8.
Maintain a separation of 5' ITom the building to the dumpster enclosure.
9.
Paint the curb red and provide signage "No Parking Fire Lane".
10.
All portions of the buildings located on this project must be within 150' of a paved
surface.
11.
No Parking signs and painted curbs will be required for all Fire Lanes.
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.
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:
2.
3.
1.
If any surface drainage leaves the site, Applicant shall apply for a land use change
application prior to final platting.
All laterals and waste ways must be protected.
The Developer must comply with Idaho Code 31-3805.
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDIVISION - CASE NO. PP 04-020
PAGE 5 OF 13
4. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
E.
F. .
G.
Adopt the Recommendations of the Meridian Parks Department as follows:
1.
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
Adopt the Recommendations ofthe Sanitary Service Company as follows:
1.
Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concern that the required
modifications may significantly impact your site design and may require a revised
site plan. If the site plan is revised, contact the planner assigned to the project
immediately to discuss the changes and how to proceed with the revised site plan.
2.
SSC will not provide trash pick-up services utilizing the common driveway. Prior
to release of building permits for homes that take access ITom the common
driveway, 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 ITom 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 action ofthe City Council taken at their August 10, 2004 meeting as follows:
For clarification:
4.
1.
The corrected date of the revised plat is July 23,2004.
2.
The revised plat shall require addition of a new fire hydrant and an upsize of water
lines to 8".
3.
The revised plan shall reflect a street profile.
Applicant shall submit three copies of the second revised preliminary plat to
reflect the above changes.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
FINDINGS OF FACT ANDCONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 6 OF 13
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The revised Preliminary Plat of the applicant as evidenced by having submitted the
revised preliminary plat of SECRET GARDEN SUBDIVISION, dated July 23, 2004, is hereby
conditionally approved; and
2.
A.
The conditions of approval are as follows to-wit:
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
1.
PerMCC 11-9-1, Lot I, Block I shall be enlarged to meet the minimum L-O lot size
o£1,OOO square feet and to comply with the minimum five (5) side building setback
(for south side).
2.
Per MCC 12-6-2.A.6.c, construct a 24 foot wide private street, designed to ACHD
standards, ITom the property line east at least 90 feet into the site. A minimum 5- foot
wide sidewalk shall be constructed on the north side of the private street adjacent to
the office building. Also construct the 20-foot wide hammerhead drive surface to
ACHD street construction standards. Submit a street profile of the new private street
and show said profile on the revised Preliminary Plat.
3.
The developer shall be responsible to ensure at least one new, 2" caliper tree is
planted in the rear yards of Lots 3 - 8. The required landscaping and irrigation system
shall be installed prior to the issuance of a Certificate of Occupancy for any building
on any lot created by the subdivision. Landscaping and fencing must be bonded for
prior to applying for building permits.
4.
Sanitary sewer and municipal water service to this site shall be via new main
extensions ITom the existing mains adjacent to the property. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Cover over
the sanitary sewer shall be no less that three-feet ITom finish grade to the top ofpipe.
Applicant shall execute City of Meridian standard form of easements, for any mains
that are required to provide service.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Nampa & Meridian Irrigation
District. Underground vear-round pressurized irrigation must be provided to all lots
within this development. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. The applicant shall be required
to utilize any existing surface or well water for the primary source. If a surface or
FINDINGS OF FACT ANDCONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PREUMINARY PLAT
SECRET GARDEN SUBDIVISION - CASE NO. PP 04-020
PAGE 7 OF 13
5.
6.
7.
well source is not available, a single-point connection to the municipal water system
shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature
on the final plat by the Meridian City Engineer.
6.
There is no master street drainage plan included with this application. Please submit
final groundwater/soils monitoring data as prepared by a soils scientist with the final
plat. 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 1O0-year storm event. Side slopes within drainage
areas shall not exceed 3: 1. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and characteristics
during the design and construction phases.
GENERAL COMMENTS (preliminarv plat)
1.
Please submit a copy of the Ada County Street Name Committee's final approval
letter for the subdivision name, and the lot and block numbering. 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, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4.
Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
5.
Two-hundred-fifty and one-hundred-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.
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. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department.
Any existing domestic wells and/or septic systems within this project will have to
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 8 OF 13
B.
4.
5.
6.
be removed ITom their domestic service per City Ordinance Sections 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
8.
Any drainage areas (detension/retension basins) must be designed to ensure that
water is retained only during 100-year storm events, and for a period oftime not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1.
9.
Graphically depict any FEMA flood plain boundaries. Note restrictions
associated with the flood zone on the face of the preliminary plat.
10.
Performance specifications for the common area pressurized irrigation system
shall be submitted with each Final Plat application.
11.
Staff's failure to cite specific ordinance provisions does not relieve the Applicant
of responsibility for compliance.
Adopt the Meridian Fire Department Recommendations as follows:
1.
Upsize the proposed 6" water line to 8" and provide fire hydrants at the "T"
intersection within the project.
2.
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 D
3.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
b.
c.
d.
e.
f.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
Provide a 20' wide Fire Lane for all internal & external roadways.
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 9 OF 13
C.
D.
7.
Building setbacks shall be per the Building Code for one and two story
construction.
8.
Maintain a separation of 5' ITom the building to the dumpster enclosure.
9.
Paint the curb red and provide signage "No Parking Fire Lane".
10.
All portions of the buildings located on this project must be within 150' of a paved
surface.
11.
No Parking signs and painted curbs will be required for all Fire Lanes.
Adopt the Recommendations ofthe 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.
Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
2.
3.
1.
If any surface drainage leaves the site, Applicant shall apply for a land use change
application prior to final platting.
All laterals and waste ways must be protected.
The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
E.
Adopt the Recommendations of the Meridian Parks Department as follows:
FINDINGS OF FACT ANDCONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 10 OF 13
F.
G.
4.
1.
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
Adopt the Recommendations of the Sanitary Service Company as follows:
1.
Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concern that the required
modifications may significantly impact your site design and may require a revised
site plan. If the site plan is revised, contact the planner assigned to the project
immediately to discuss the changes and how to proceed with the revised site plan.
2.
SSC will not provide trash pick-up services utilizing the common driveway. Prior
to release of building permits for homes that take access ITom the common
driveway, the developer shall install a concrete pad at the end ofthe 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 ITom 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 action of the City Council taken at their August 10, 2004 meeting as follows:
For clarification:
1.
The corrected date of the revised plat is July 23,2004.
2.
The revised plat shall require addition of a new fire hydrant and an upsize of water
lines to 8".
3.
The revised plan shall reflect a street profile.
Applicant shall submit three copies of the second revised preliminary plat to
reflect the above changes.
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 11 OF 13
The revised plat of SECRET GARDEN SUBDIVISION, dated July 23, 2004, and
stamped:
, and stamped: RECEIVED
, CITY OF MERIDIAN CITY
CLERK OFFICE, is hereby approved.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
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 final 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 thel~h
day of S'cp\ rmbrx
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 12 OF 13
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED~
Attest:
BY:~~
City Clerk's Office
Dated: q - 2..4-04
Z: \ Work\M\MeridianlMeridian 153 60MlSecret GardenISecGardFFCillRD-PP04-020.doc
FINDINGS OF FACT AND CONCWSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SECRET GARDEN SUBDMSION - CASE NO. PP 04-020
PAGE 13 OF 13