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HomeMy WebLinkAboutWilley Sub PP 02-005BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/07/02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR WILLEY SUBDIVISION, LOCATED AT 3710 E. FRANKLIN ROAD, MERIDIAN, IDAHO BY: ROYLANCE & ASSOCIATES, APPLICANT Case No. PP-02-005 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 May 7, 2002, and Shad Stiles, Planning and Zoning Administrator, Gary Smith, Public Works Director, and John Rennison, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark, Planner 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 applicant having submitted the "PRELIMINARY PLAT WILLEY SUBDIVISION, SITUATED IN THE SW1/4 OF THE SW ¼ OF SECTION 9, T. 3N., R. 1E., BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, WILLEY SUBDIVISION PRELIMINARY PLAT, DESIGN BY: JER, DRAWN BY: CRS, DATED 2/14/02, JOB NUMBER: 0201-2248, 1 OF 1, X:\projects~rcwilley\2248\drawings\plat\prelim\ 2248pre.dwg\ 04\05\02, R.C. WILLEY HOME FURNISHINGS - OWNER-DEVELOPER, ROYLANCE AND ASSOCIATES, P.A. - PROJECT ENGINEER/PLANNER", submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 1 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 General Retail and Service Commercial District (C-G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 K] 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 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. 5. The development if built in accordance with the conditions and as proposed, will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 2 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. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT WILLEY SUBDIVISION, SITUATED IN THE SWl/4 OF THE SW ¼ OF SECTION 9, T. 3N., R. 1E., BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, WILLEY SUBDIVISION PRELIMINARY PLAT, DESIGN BY: JER, DRAWN BY: CRS, DATED 2/14/02, JOB NUMBER: 0201-2248, 1 OF 1, X:\projectskrcwilleyL2248\drawings\plat\prelimk2248pre.dwg\ 04\05\02, R.C. WILLEY HOME FURNISHINGS - OWNER-DEVELOPER, ROYLANCE AND ASSOCIATES, P.A. - PROJECT ENGINEER/PLANNER". 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 WILLEY SUBDIVISION, SITUATED IN THE SWl/4 OF THE SW ¼ OF SECTION 9, T. 3N., R. 1E., BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, WILLEY SUBDIVISION PRELIMINARY PLAT, DESIGN BY: JER, DRAWN BY: CRS, DATED 2/14/02, JOB NUMBER: 0201-2248, 1 OF 1, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 3 X:\projectskrcwilleyk2248\drawings\plat\prelimk2248pre.dwg\ 04\05\02, R.C. WILLEY HOME FURNISHINGS - OWNER-DEVELOPER, ROYLANCE AND ASSOCIATES, P.A. - PROJECT ENGINEER/PLANNER", 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: Sanitary sewer and water service to this site shall be via existing mains and lines adjacent to the lots, with the exception of Lot 1, Block 1, which will be served by a new sewer line to be installed in Gaudians Avenue by Touchmark, Inc. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall revise the plat to add two-foot contour lines to the east portion of Lot 3, Block 2 and to Lot 2, Block 1. o Applicant has indicated that a pressurized irrigation system will be provided to the three (3) new buildable lots (already existing to Lot 2, Block 1) through the existing irrigation pump located on Lot 3, Block 2. However, no details were provided on ownership of the system. Applicant shall confirm that the system will remain private. The applicant shall be required to provide a backup source to the pressurized irrigation system. As part of the development plan-review process, the Public Works Department shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. Per Ordinance 12-5-2.K, the subdivider will be responsible to construct new, five (5) foot wide sidewalks adjacent to Eagle Road/SH 55. The sidewalk design and location should be coordinated with ITD for Eagle Road/SH 55 and City of Meridian. Per Ordinance 12-13-10-4, a minimum 35-foot wide landscape buffer is required along Eagle Road/SH 55 and Franklin Road. Lot 2, Block 1 (existing R.C. Willey building) has an existing buffer that meets this ordinance. However, the subdivider will be required to continue the 35-foot buffer along Lot 1, Block 1 and Lot 1, Block 2. Per Ordinance 12-13-10-2, if detached sidewalks are provided, the buffer width may be measured from the back of curb when it can be demonstrated that there is no oppommity for expansion of the street section within the right-of-way; the buffer width must exclude the width of the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 4 All landscaped street buffers may be placed within a landscape easement, maintained by a business-owners association. All landscaping is to be done prior to issuance of a building permit. The conceptual Landscape Plan (Sheet L-l, dated 2-14-02) is approved as submitted with the exception that the eight (8) trees in the Eagle Road landscape buffer on Lot 1, Block 2 must be relocated outside of the public right-of-way. Said modification must be reflected on the detailed landscape plan submitted with the Final Plat application. The Applicant/Subdivider is responsible to ensure that the new street trees on Eagle and Franklin Roads will not conflict with power poles or utility lines when trees reach mature size. 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 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. PRELIMINARY PLAT GENERAL REQUIREMENTS Applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lOt and block numbering. Coordinate fire hydrant placement with the City of Meridian Public Works Department. A letter of credit or cash surety in the amount of 110% of any incomplete improvements will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to City 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. 5. The Evans Drain shall be tiled upon receipt of approval of all applicable controlling authorities. All irrigation ditches, laterals or canals, exclusive of natural waterways, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 5 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 be removed from 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. Per Ordinance 12-13-8-2, three (3) copies of detailed irrigation performance specifications shall be submitted with the Final Plat application. Adopt the Recommendations of ACHD as follows: Comply with requirements of ITD for State Highway 55 frontage. 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. Utilize the existing driveway to Lanark Street, located approximately 140-feet east of the west property boundary. This driveway location meets District policy and is approved with this application. The applicant is also proposing to utilize an existing driveway to Lanark Street, located approximately 350-feet east of the west property boundary. This driveway location meets District policy and is approved with this application. Pave the driveways to their full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Lanark Street. o ° Utilize a driveway to Gaudians Avenue, located approximately 500-feet north of the south property boundary. This driveway location meets District policy and is approved with this application. The applicant is proposing to utilize an existing driveway on Gaudians Avenue, located approximately 720-feet north of the south property boundary. This location meets District policy and is approved with this application. Pave the driveways to their full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Gaudians Avenue. 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. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 6 frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. There are no direct lot or parcel access points approved with this application to Franklin Road and Eagle Road. Direct lot or parcel access to Franklin Road and Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additionally, comply with ACHD's Standard Requirements listed within their report dated March 15, 2002 Adopt the Meridian Fire Department Recommendations as follows: A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Please show all proximity fire hydrants within 500' of the project on the resubmitted plat. All internal and external roads shall have a minimum of 28' inside and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. o Final approval for fire hydrant location shall be by the Meridian Fire Department. The roadways shall be built to Ada County Highway standards and are a minimum of 37' wide. Adopt the Recommendation of the Nampa & Meridian Irrigation District. The flow for this drain will not exceed the maximum of 48 inches of the City of Meridian's ordinance. This is a subterranean drain and will have to be tiled accordingly. 2. A Land Use Change/Site application shall be filed. 3. All laterals and waste ways must be protected and 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. The developer must comply with Idaho Code §31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILL£Y SUBDIVISION / (PP-02-005) 7 o Adopt 1. Adopt 1. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District contact the District concerning the installation of the pressure system. Fill out a questionnaire and return to the District in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. 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. 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. the Recommendations of Sanitary Service as follows: Provide waste enclosure plans for review. day of By action of the City Council at its regular meeting held on the '~X~ ,2002. ROLL CALL COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED 6L~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 8 MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) ~.120~e.oj: __ , Copy served upon Applicant, The Planning and Z,o, p4~3g ~epartment, Public Works Department and City Attorney. ., City Clerk Z.\WorkhMWIeridianhMeridian 15360M\Willcy Sub PP-02-005~FfCIsOrdPP doc · FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT WILLEY SUBDIVISION / (PP-02-005) 9