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HomeMy WebLinkAboutHeritage Commons Subdivision PP-05-005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Heritage Commons Subdivision Amended Preliminary Plat of Twenty Seven (27) Residential Lots to on 4.53 Acres in a R-8PD Zone by Brighton Investments. (File #PP-O5-00S) For the City Council Hearing Date of: AprilS 2005 A. Findings of Fact I. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the March 3, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -05-005 - PAGE 1 of 4 verified that the property owner(s) of record at the time of issuance ofthese findings are Brighton Investments, LLC 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the required findings. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated January 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. 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 that: I. The applicant's Prelirninary Plat as evidenced by having submitted the Preliminary Plat dated January 2005 is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -05-005 - PAGE 2 of 4 D. Notice of Applicable Time Limits I. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) Notice of Final Action and Right to Regulatory Takings Analysis E. I. 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. 2. Please take notice that this is a final action of the governing body ofthe 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 the issuance or denial of the conditional use permit approval 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Conditions of Approval Exhibit D: Plat Findings By action of the City Council at its regular meeting held on the 5th Arr-í \ ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-05-005 -PAGE 3 of4 COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED- Attest: By,,1u 7{~ City Clerk's Òffice Dated: 4-14-oç CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -05-005 - PAGE 4 of 4 EXHIBIT A Heritage Commons Amended Subdivision PP-05-005 Legal Description Engineering North West, UC 423 N, An'..'"r PJ.œ, Suite 180 Boùe.1daho 83704 (208) 376-5000 . F", (208) 376-5556 Project No. 04-043-01 Date: January II, 2005 HERITAGE COMMONS PHASE 2 PRELIMINARY PLAT DESCRIPTION A parcel ofland located in the NE 1/4 of the SE 1/4 of Section 31. T. 4 N., R. I E., B,M., Meriwan, Ada County, Idaho, more ptlrticuIarly described aa follows: Commencing at the section corner common to Sections 31 and 32 of said T. 4 N., R. I E, and Sections 5 and 6 ofT. 3 N., R. 1 E., B.M.: Thence North 00°31'35" Faal, 2659.04 feet on the section line common to said Sections 31 and 32, to the 1/4 section corner common to said Sections 31 and 32; Thence North 89°46'20" West, 464.43 feet on the east-west mid-section line of .aid Section 31 to the REAL POINT OF BEGINNING: Thence leaving said mid-section line. South 00"30'18" West, 308.40 feet to a point on the northerly boundary line of Quenzer Commons SobdiviBion No. I, aa same ia .hown on the Plat thereof recorded in Book 85 of Plats at Page 9511 of Ada County Records: Thence on the northerly boundary line of said Quenzer Commona Subdivioion No.1 for the following couraes and w,tances: Thence North 89°46'20" West, 50.00 feet: Thence South 00°30'17" West, 12.54 feet: Thence North 89°46'20" West, 500.65 feet; Thence South 78°11'12" West, 50.04 feet to the northeast corner of Lot 5, Block 11 of said Qoenzer Commons Subdivision No. I; Thence leavjng the northerly boundary line of said Quenzer Commons'Subdi vision No,l. 265.90 feet on the arc of a curve to the left, said curve having a ndiua of 1901.21 feet, a central angle of 08°00'48" and a chord wstance of 265.68 feet which bears North 13°36'411" Weat; Thence North 68°38'14" Eaat, 160.21 feet to a point of curve: Hori",C""""""""""""-,",Oao,dœ _'°" Thence 46.30 feet on the arc of, curve to the right, said curve having' radius of 391.26 fee~ , central angle of 06046'46" and a chord wst&1ce of 46.27 feet which be"" North 72001'37" Eaat to a point on the eaal-wesl mid_lioD line of said Section 31: Thence South 89"46'20" East, 471.77 feet on said mid-section line to the real point of beginning. Said parcel containa 4.53 acres more or less. PREPARED BY: Engineering NorthWest, LLC James R. W..hbum, PLS _c-""""'-""o".."" 'ogolof' EXHIBIT B Heritage Commons Amended Subdivision PP-05-005 Approved Preliminary Plat E. K1E11_e"-'EIIg' .I-_.OoJt"'~'WTe_t. LLV , I ill ~fr , I ~I E I Ir! ¡¡¡Ç¡¡¡19¡~g lilli" 'ml ¡Q III:!I=" 1/1!' IIII "~ ,ß I!! ¡ ¡ \iili r ~: !~~ill:f.ll¡i II§I ;1. ' ¡ i i:I. I f!¡1 ~ I,. :t' '! ! ~. ! I jl W! r !i . i ~ ~ I ~'" ~I ¡ ! I r --J . ~:~,.~t . , . '" :n iii ;;.! ..' , . II' '" !!I !!I ,HHI.t,¡¡mlil.. lìlllllllllllnl,IIH ~ ¡'iIIl'imp: i I~' 'III L ,i I ,II I ¡:, :i. 11i, '1" ,I: "1 ¡I: I': : 'Jj 'I I .~:'C:~,""""".,:::=---=--':-,:,,.~:.::~.:... ... ---cC. ".,.è:, -.- EXHIBIT C Heritage Commons Amended Subdivision PP-O5-005 Site Specific and Standard Comments SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The applicant shall maintain compliance with existing development agreement for Heritage Commons Subdivision, PP-02-007 and all applicable conditions of approval for the lots. PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS I. Sanitary sewer service to this site will be ITom service line extensions ITom existing and proposed mains adjacent to the project. Subdivision designer to coordinate service sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer service to the area. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. 2. Water service to this site will be ITom main line extensions ITom existing water mains in Quenzer Commons Subdivision #1. ,The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be submitted with the final plat application. 4. 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, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing. 5. 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 off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 7. of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a 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. 6. 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 100-year storm event. Side slopes within drainage areas shall not exceed 3:1. 7, The applicant has indicated that Settlers Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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. PRELIMINARY PLAT GENERAL REOUIREMENTS I. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. Assessment fees for water and sewer service are determined during the building plan review process. 3. Two-hundred-fifty-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. 4. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development. 5. 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. 6. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. FIRE DEPARTMENT CONDITIONS 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 500' 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 when spacing permits. f, Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Building setbacks shall be per the International Building Code for one and two story construction. 6. The proposed 27-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of79 residents at build out. 7. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved autornatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). ACHD CONDITIONS I. Remove the alley that runs between Heritage Park Way and Heritage Woods Avenue between Block 5 and 6, as proposed, 2. Construct a new 16-foot wide paved alley within 20-feet of right-of-way between the existing alley, Leighfield Drive, Block 27 and Block 28. Dedicate clear title to the right-of-way and the improve the right of way by paving the full width and length of the right-of-way; provided, that the minimum width of the right-of-way is 16-feet and the homeowners association has obtained a license agreement with the district authorizing the landscaping of a portion of the alley right-of-way, which a portion abuts the development and does not exceed two feet in width, such a licensed area need not be paved until the license is terminated. 3. Construct a new 16-foot wide paved alley within 20-feet of right-of-way between the existing alley, Leighfield Drive, Block 29 and Block 30. Dedicate clear title to the right-of-way and the improve the right of way by paving the full width and length of the right-of-way; provided, that the minimum width of the right-of-way is 16-feet and the homeowners association has obtained a license agreement with the district authorizing the landscaping of a portion of the alley right-of-way, which a portion abuts the development and does not exceed two feet in width, such a licensed area need not be paved until the license is terminated. EXHIBIT D Heritage Commons Amended Subdivision PP-05-005 Required Findings for Preliminary Plat PRELIMINARY PLAT FINDINGS AND REQUIREMENTS 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 of the subdivision with the Comprehensive Development Plan; Staff finds that the requested zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential." b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property to be annexed may be served adequately by all essential public facilities and services. Applicant shaH be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, 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 that the development will not require major expenditures for providing supporting services. See item b. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention, ACHD considers road safety issues in their analysis, No hazardous natural features have been identified on the site.