Loading...
HomeMy WebLinkAboutTouchmark PP 02-003BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/16/02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TOUCHMARK LIVING CENTER SUBDIVISION, LOCATED ON FRANKLIN ROAD, APPROXIMATELY 1/3 MILE EAST OF EAGLE ROAD, i/,~ MILE EAST OF THE EAGLE AND FRANKLIN ROAD INTERSECTION DIRECTLY EAST TO ST. LUKE'S HOSPITAL, MERIDIAN, IDAHO BY: TOUCHMARK LIVING CENTER OF THE TREASURE VALLEY, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-O03 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 April 16, 2002, and David McKinnon, Planner II for the Planning and Zoning Department, Richard Cook, and Don Ransley, appeared and testified, and the City Council having received a report from David McFdnnon and Steve Siddoway, Planner II for the Planning and Zoning Department, and Bruce FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 1 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 applicant having submitted the "PRELIMINARY PLAT FOR TOUCHMARK LIVING CENTER SUBDIVISION, LOCATED IN THE NE 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 01/31/02, DWG NO. 20201, SHEET 1 OF 2 PRE, L20201-PRE.DWG Bird3, STAMPED DATE: JAN 31 2002, BRIGGS ENGINEERING, INC., TOUCHMARI( LIVING CENTER OF THE TREASURE VALLEY, L.L.C.-DEVELOPER-OWNER", 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 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 Limited Office District (L-O), and requires connection to the Municipal Water and Sewer System. [Meridian City Code FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-O03) 2 § 11-7-2 G] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. The City Council approved a Comprehensive Plan Amendment (File No. CPA-99-004) changing the land use designation of approximately 35% of the property from "Single-Family Residential" to "Mixed Planned Development" on November 17, 1999. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval, and provided changes are made as may be required by the Public Works and Building Departments. 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 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. $. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 3 been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR TOUCHMARK LIVING CENTER SUBDIVISION, LOCATED IN THE NE 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 01/31/02, DWG NO. 20201, SHEET 1 OF 2 PRE, \20201-PRE.DWG BI<B, STAMPED DATE: JAN 31 2002, BRIGGS ENGINEERING, INC., TOUCHMARK LIVING CENTER OF THE TREASURE VALLEY, L.L.C.-DEVELOPER-OWNER". 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."PRELIMINARY PLAT FOR TOUCHMARK LIVING CENTER SUBDIVISION, LOCATED IN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 4 THE NE 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 01/31/02, DWG NO. 20201, SHEET 1 OF 2 PRE, ~20201-PRE.DWG BKB, STAMPED DATE: JAN 31 2002, BRIGGS ENGINEERING, INC., TOUCHMARK LIVING CENTER OF THE TREASURE VALLEY, L.L.C.-DEVELOPER-OWNER', is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Building permits may be applied for as approved during the conditional use process. No occupancy permits shall be released until the final plat is recorded and all required improvements are in place and signed off by the City of Meridian. o Water and service to this site shall be via service lines from the existing mains adjacent to the property as well as from an existing well within the property, which the City is in the process of acquiring from the applicant. Sanitary sewer service shall be provided via extensions from existing mains adjacent to the property. o Underground year-round pressurized irrigation shall be provided to all landscape areas on site. The applicant has indicated that they are designing a pressure irrigation system to utilize the Ridenbaugh Canal (actually the Snyder Lateral) as the primary source of irrigation. A secondary source of irrigation shall be supplied via reservoir/city supply for times when water is not available in the Snyder Lateral. The conceptual landscape plan meets the requirements of the Landscape Ordinance. The Phase 1-A detailed landscape plan meets the requirements of the approved Conditional Use Permit and the Landscape Ordinance. A detailed landscape and irrigation plan shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 5 submitted with each final plat application for the remaining landscaping. Any tree over four (4) inch caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscape buffer trees shall not be considered as replacement trees for those trees that have to be removed. The applicant shall meet all conditions of the approved conditional use permit, File No. CUP-99-039. The applicant shall provide ten copies of fendng plan to the City Cleric's office for review by P&Z staff at least ten (10) days prior to the next public hearing for the preliminary plat. The applicant shall coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. A letter from the Fire Department stating required fire flow requirements prior to final plat approval. 9. Correct the following plat notes: $. Water to be provided by extension of United Water Meridian System. GENERAL COMMENTS 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. o A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. One-hundred-watt, high-pressure sodium streetlights shall be required at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 6 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 adiacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall 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. Adopt the Recommendations of ACHD as follows: Dedicate 60-feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct, or provide financial surety for the construction of a five-foot concrete sidewalk along the frontage of the parcel abutting Franklin Road prior to the District's approval of a final subdivision. Coordinate the design and location of the sidewalk with District staff. Provide an adequate vehicular connection(s) between the subject site and the St. Luke's Medical Complex. The connection does not have to be a public road. If such connection is not made, the traffic from this site will greatly impact the Eagle Road/Franklin Road intersection and the District will impose a proportionate share of the cost of that reconstruction on the developer of this site. Construct the primary streets within the development as public streets and dedicate them to ACHD. Coordinate the location and extent of the public streets with District staff. Provide a public street connection between this site and the east boundary of the Montvue Subdivision. Construct the street to the District's standard street section for a Commercial/Commercial street (40-feet curb-to-curb in a 58-foot right- of-way). The street shall be located a minimum of 400-feet south of Franklin Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 7 The two proposed site entrances on Franldin Road shall align with the two public street intersections already approved on the north side of Franklin Road. Construct the two site entrances with two outbound lanes and one inbound lane. Coordinate the driveway design with District staff. o Construct traffic signals at the east and west site entrances on Franldin Road. The applicant will be responsible for the design and construction of the signals. Coordinate the traffic signal design with District staff. Each approach will be constructed including signalization, or financial surety will be provided for the construction, prior to the District approval of the phase that takes access to that approach. Construct a center turn lane in Franldin Road at both intersections. Coordinate the roadway improvement design with District staff. (See Fact and Finding "H" numbers 3 and 4 for cost sharing) Any internal site driveways on the two site entrances shall be offset a minimum of 175-feet from Franklin Road. Comply with requirements of ITD. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Other than the access points specifically approved with this application, direct lot or parcel access to Franldin Road is prohibited. 10. Enter into a development agreement with the District that specifies the following: a) The location, configuration, and extent of public streets within the development. Public streets will be provided that will serve, as a minimum, those uses considered by the District to be destinations for the public from outside the development. Those uses shall include any retail or office use that will receive business from the public at large. b) The specific location and configuration of a public street connection to Montvue Subdivision, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 8 c) The specific location, configuration, and terms of a vehicular connection between this site and St. Luke's campus. 11. Comply with ACHD's Standard Requirements from their report dated February 26, 2002. Adopt the Meridian Fire Department Recommendations as follows: One and two family dwellings shall require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to ACHD standards. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20'. 9. The entrance off of E. Franldin Rd. shall not have a grade of greater than 6%. 10. South Touchmark Way shall be posted "No Parking Fire Lane". 11 .The Meridian Fire Department shall need a fire access road around the proposed building. They shall need a 20' wide access road around the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) 9 building during all phases of construction. The base shall be a minimum of 6" pit run with a top layer of 2" of 3/4" crush gravel. 1 ZAny automatic gate used to secure the facility shall require MFD approval of the installation and access in the event of an emergency. 13.Multi-family residential uses on the site shall require a fire flow of 1500 GPM plus the amount required by the fire sprinlder demand. Adopt the Recommendations of the Central District Health Department as follows: 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. 2. 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. 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 of the Nampa & Meridian Irrigation District as follows: Touchmark must have a License Agreement in place and it must be approved by the Nampa & Meridian Irrigation District's Board of Directors before the District can give approval of the Preliminary Plat. Additionally, adopt the action of the Council from their April ! 6, 2002 meeting as follows: 1. Along the Ridenbaugh Canal a three rail vinyl fence, with pylasters at major corners, is proposed. The fencing is to help incorporate the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOUCHMARK LIVING CENTER / (PP-02-003) i0 day of Ridenbaugh Canal as a water feature using the right-of-way along the canal as a pathway for residents within the subdivision, as well as for the residents in the adjacent subdivision across the Ridenbaugh Canal. Since the right-of-way for the proposed pathway actually is under the Nampa & Meridian Irrigation District's control, the District would need to give written approval to the applicant to allow the pathway and fence within their right-of-way. Only if written approval can be obtained by the District would the pathway and three rail vinyl fencing be allowed. By action of the City Council at its regular meeting held on the '7~-~ ROLL CALL COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED MAYOR ROBERT ~E VOTED (TIE BREAKER) (- ~,I~ 3 Copy served upon Applicant, The Planning and Zoning Department, · · \\~,\0 Pubhc Works Devartment_ and C~tv_ Attorney._ ,.,,_,~.,,. ,,Fr~ By: Dated: CiW Clerk ~ -.., Z:~Work~eri~an~eridian 15360~Tou~mark Living Center PP02-003~fClsOrdPP.doc 9/~NI~ FINDINGS OF FACT ~D CONCLUSIONS OF ~W ~D O~ER OF CONDITION~ ~PROV~ OF P~LIMIN~Y P~T TOUCH~< LIVING CENTER / (PP-02-003)