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HomeMy WebLinkAboutHearthstone PFP 01-009BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-05-02 IN THE MATTER OF THE ) REQUEST FOR ) PRELIMINARY/FINAL PLAT ) FOR HEARTHSTONE ) SUBDIVISION CONSISTING ) OF 2.30 ACRES IN AN R-4 ) ZONE, LOCATED AT THE ) SOUTHEAST CORNER OF W. ) CHERRY LANE AND N. BLACK ) CAT ROAD, MERIDIAN, ) IDAHO ) ) BY: ROBERT LEE Case No. P/FP-01-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for hearing before the City Council on March 5, 2002, and Shari Stiles, Planning and Zoning Administrator, Brad Watson, City Engineer, Matt Munger, and Jim Jewett, appeared and testified at the hearing, and the City Council having received a report from Bruce Frecldeton, Engineering Technician III, and David Mclrdnnon, Planner II for the Planning and Zoning Department, 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 Plat Drawing described as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE/(PFP-01-009) - I follows, "PLAT SHOWING HEARTHSTONE SUBDIVISION, LOCATED IN THE NE 1/4 OF THE NW t/4 OF SECTION 10, T. 3N., R. 1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002, HUBBLE ENGINEERING, INC. MERIDIAN, IDAHO, 01-202-00, SHEET 1 OF 2, HANDWRITTEN DATE: 10-11-01", submitted for preliminary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. 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 R-4 Low Density Residential District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 C.] 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) and conditions hereinafter set forth as conditions of preliminary plat approval, except written confirmation from the Central District Health Department is required pertaining to the septic system permit on the second lot until the sewer system is made available. 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 Engineering Technician III are met there will be 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. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE/(PFP-Oi-O09) - 3 IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by" PLAT SHOWING HEARTHSTONE SUBDIVISION, LOCATED IN THE NE [/4 OF THE NW [/4 OF SECTION 10, T. 3N., R. 1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002, HUBBLE ENGINEERING, INC. MERIDIAN, IDAHO, 01-202-00, SHEET 1 OF 2, HANDWRITTEN DATE: 10-11-01", submitted for preliminary/final plat. 1. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from David McICdnnon, Planner II for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III, dated January 18, 2002, listing 8 Site Specific Comments and 5 General Comments, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of seven pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of March 5, 2002, and the requirements are as follows, to- wit: Adopt the Recommendations of the ACHD as follows: 1. The existing access points on Cherry Lane located approximately 10-feet west of the east property line of the proposed Lot 1, and at the west property line of the proposed Lot 1, are approved with this application. Upon redevelopment of Lot 1 (redevelopment defined as a structure requiring a building permit, other than a shed or garage) the easterly driveway shall be closed, and the existing driveway at the west property line of Lot 1 shall be approved as the only access to the lot from Cherry Lane. An on-site turnaround shall be required at that time to prevent the need to back into Cherry Lane from the site, and the design of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HEARTHSTONE SUBDIVISION - BY: ROBERT LEE/(PFP-01-009) -4 turnaround shall be approved by ACHD. Should the property to the east construct a public street along the east property line of this site, then when the parcel redevelops (Lot 1), no access to Cherry Lane will be approved and all access should be taken off of the local punic street. Notes of these requirements shall be included on the final plat. Replace the unused curb cut on Cherry Lane located at the east property line of the proposed Lot 2, with standard curb, gutter and concrete sidewalk to match existing improvements. The existing westerly part of the circle drive~vay on Cherry, Lane located at the west property line of the proposed Lot 1 is approved with this application at staff level, as a modification of policy for its location. Replace any damaged curb, gutter, and/or sidewalk on Cherry Lane tO match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this developnrent, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. Other than the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Meridian Fire Department as follmvs: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-OI-O09) -5 Provide a fire-flow of 1,000 GPM as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 2. All corners will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants are required before combustible construction begins. Adopt the Recommendations of Central District Health Dept as follows: A full engineering report with accurate soils data is required. Ground water monitoring from June to October may be required on proposed Lot 2. The easement for the septic system on Lot ! must be increased to accommodate replacement area of equal size and meet all required setbacks. Recommend connection to central sewer when available. To address this matter, written confirmation from the Central District Health Department shall be required. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and By action of the City Council at its regular meeting held on the /q~'~day of /~~ ,2002. Mayor44 'b. CORtU -- :ity of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE/(PFP-01-009) -6 Copy served upon Applicant, the Planning and Zoning Deparunent, Public Works Department and City Attorney. By'~Z~-r-~?~% ~ Dated: Z~/e City Clerk ~' Z:\¥Vor l¢~Vt~vler idian~Vie r idian 15360~earthstone Sub AZ01-026 PFP01-009~FinalPlatFfCts.do~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE/(PFP-0i-O09) -7 CITY OF MERIDIAN 33 EAST IDAHO MERIDDkN, IDAHO 83642 C. os) s8844~3 · FAX ¢0s) ~87-48~3 Ci.ty Q~k Ol~ce Fax (2.08) 8~-218 PUBLIC BL'LLDING DEP.a.R~3~qr (2'08) 887-"" 11 · Fax 88"/- 1297 P L%N'N~NG AND ZONING DEPAFG'~.aNT ('208) 884~5533 · FzLX 888-68S4 MEMORANDUM: To: From: Re: January 18, 2002 Council and Zo. g Co sionRE C E IVED David McKinnon, Planner II ~k ~ :~ 0 ~ ~'~0~ Brace Freckleton, Senior EnglKe'ering Tech~-.- CITY OF MERIDIAN llearthstone Subdivision CITY CLERK OFFICE Annexation and Zoning of 2.3 Acres i~om R-1 (Ada County) to R-4 (Low Density Residential District), by Robert Lee (File No. AZ-Ol-026). · Preliminary and Final Plat Approval of Two Building Lots on 2.3 Acres in a Proposed R-4 Zone, by Robert Lee (File No. PFP-OI-O09). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Robert Lee, has applied for Annexation & Zoning, Preliminary Plat and Final Plat approval of 2 building lots on a 2.3-acre parcel of land located on the south side of Cherry Lane, approximately 1/3 of a mile east of Black Cat Road. The property has aa improved (asphalt) driveway that is located within an easement along the western boundary of Lot 2, which provides access to the property to the south, in addition to Lot 2. The requested zoning designation for the property is R-4. The existing house on the 2.3-acre parcel will remain on site. LOCATION The property is located on the south side of Cherry Lane, approximately 2,000 east of Black Cat Road. SURROUNDING PROPERTIES North: Golf View Subdivision, zoned R4. South: A single family rural residential, zoned R-1 (County). Parkside Creek Subdivision, zoned R-4, is located furtber to south. East: Rural Residential zoned R-1 (County). West: Rural Residential, zoned R-2 (County). ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-1 I, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances r lanrRng ~ Lotting ~ommlsslorl/l~layor o: ~tty ~OU. ngll January 18, 200l Page 2 of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designation, R-4, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be "Existing Urban". · Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Surrounding properties include rural residential properties and residential subdivisions. Staff finds that the requested zoning designation of R4 is harmonious with the existing and planned adjacent developments. Ce Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed uses (single-family detached residential) will not change the existing or intended character of the are~. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony to determine whether or not the proposed use will be disturbing or haTardous to the existing or future neighboring naes2 Staffdoes not anticipate that the proposed uses will be hazardous or disturbing to future or existing neighbors. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, 'refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; t'larmmg & Zoning Commission/Mayor & City Council January 18, 2001 Page 3 Staff finds that the property to be annexed w~ll be served adequately by all essential public facilities and services, with the exception of sewer services. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Interlachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended fi-om the east to provide service to this area. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Stafffinds that there will be not additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed additional building lot will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. Will the urea have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff fmds that the subdivision of the property will not creme interference the existing traffic on Cherry Lane. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff f'mds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. However, the site does have several large existing trees. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff fmds that the annexation of this property would be in the best interest of the City. January 18, 2001 Page 4 ANNEXATION AND ZONING COMMENTS The legal description submitted with the application appears to meet the requirements o f the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits 2. The requested zoning orR4 is compatible with City Comprehensive Plan. The subject property is within the Urban Service planning Area. Essential City services are available to the subject property with the exception of sanitary sewer. The sanitary sewer main that potentially could serve this subdivision would have to be extended tYom the intersection of Cherry Lane and Interlachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended {~om the east to provide service to thi~q area. Applicant shall make provisions in their design to transition over to a furore City sewer system when and if it's available to the east. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinanee Section 5-7-517 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. The existing commercial sign advertising "George Davis Construction" shall be removed prior to the publication of the annexation ordinance. Commercial signs are prohibited within the proposed R-4 zone. 6. All "Home Occupations", if any exist within the property to be annexed, shall conform with the requirements of the City of Meridian prior to the publication of the annexation ordinance. 7. A development a~eement will not be required as part of this annexation request. PRELIMINARY AND FINAL PLAT FINDINGS AND REQUm~.MENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance 7f the subdivision w~th the.~omprehensive Development Plan; Stafffinds the subdivis~on to be in conformancp/with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Planning & Zoning Commission/Mayor & City Council January lg, 2001 Page 5 Staff f'mds that public services can be m~ld~e available to the lots within the proposed subdivision, provided changes as may~ required by the Public Works and Building Depamnents are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development;. Staff finds ~ the development will not require major expenditures for providing supporting se.~ices. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff fmds that the. re should~ot be any other health, safety or environmental problems associated with this subdivisib~ that may be brought to the Council or Commission's attention, x SITE SPECIFIC COMMENTS (preliminary/final plat) Water service to this site shall be via service lines fi-om the existing mains adjacent to the propexty. Sanitary sewer service via a septic system will be allowed as a temporary solution until such time as City sewer service is available. When sewer service is adjacent to the proposed subdivision, the applicant shall be responsible to extend service into his lot, and cease using his septic system. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Primary water supply connection to the City's mains will not be allowed without City Council approvaL Appllcunt shall be required to utilize any existing surface or well water for the primary source. Landscaping shall be installed as submitted on the "Preliminary Landscape Plan" (date stamped Oct. 11, 2001). The 35' wide landscape buffer located along Cherry Lane may be recorded as an easement instead of a common lot. The required street buffer landscaping and irrigation shall be instal/ed prior to the occupancy of any building constructed on Lot 2 of the proposed subdivision Any tree over 4" in caliper that is removed fi.om the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that ,"Planning & Zoning Commission/Mayor & City Council January 18, 200l Page 6 were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Add a note on the plat indicating that the minimum residential house size is 1,400 square feet, excluding garage. Add a note on the final plat indicating: The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal ground water elevation. The bearing from the section line to the "Real Point of Beginning" doesn't match the corresponding bearing in the Certificate of Owners. GENERAL COMMENTS (prelimina~/flnal plat) 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. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 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. 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. o 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. ~j~g ,~ Zomng Commission/Mayor & Ugy Council uary 18, 2001 ' Page 7 COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as ML~ed Residential in the Meridian Comprehensive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staffhas selected the following sections that most directly apply to the proposed project. Goals Section Goal 4: To provide housing oppommities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and fime~ioaal site design. Economic Develooment Chapter 3.1U- Approve q.aliOy housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing... Land U~ 2.1U - Support a variety of residantial categories for the purpose of providing the City with a range of affordable housing opportunities. Trans ortation Chater 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to in. filling development in order to reduce adverse impacts upon existing adjacent development. RECOMMENDATION Staffrecommends approval of the annexation, and preliminary/final plat, with the above stated comments and conditions.