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HomeMy WebLinkAboutMeridian Greens Subdivision No. 4 PP-00-019BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12-19-00 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN GREENS NO. 4 SUBDIVISION BY: SCOTT-FULLER INVESTMENTS / GLENCO APPLICANT Case No. PP-O0-019 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 December 19, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, and no one appeared in opposition, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark, Planner, 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 Drawing: PRELIM-PLAT.DWG, Job No.: 00045, Date: 11/9/00 and stamped "Received by City of Meridian City Clerk Office NOV 09 2000, SHEET 1 of 1, Civil Survey Consultants, Inc., Engineers, for Meridian Greens No. 4," submitted for preliminary plat approval and which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION/(PP-00-019) - 1 preliminary pl~t 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 Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 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 and conditions hereinafter set forth as conditions of preliminary plat approval. 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 Assistant City Engineer FINDINGS OF F)kCT AND CONCLUSIONS OF LAW AND oRDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-O0-O19) 2 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 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 Drawing: PRELIM- PLAT.DWG, Job No.: 00045, Date: 11/9/00 and stamped "Received by City of Meridian City Clerk Office NOV 09 2000, SHEET 1 of 1, Civil Survey Consultants, Inc., Engineers, for Meridian Greens No. 4," 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-O19) 3 Drawing: PRELIM-PLAT.DWG, Job No.: 00045, Date: 11/9/00 and stamped "Received by City of Meridian City Clerk Office NOV 09 2000, SHEET 1 of l, Civil Survey Consultants, Inc., Engineers, for Meridian Greens No. 4," is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and the Engineering Technician III Recommendations as follows: 2.1 2.2 Sanitary sewer and water service to this site shall be via extensions from existing mains installed through the proposed subdivision in SE 5th Street. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Lots 1-5, Block 2 are impacted by an irrigation easement. The Applicant is .proposing to allow each lot owner to utilize the rear 40 feet of these five lots for landscaping, which would be consistent with other Meridian Greens lots further south. Typically, Staff recommends all irrigation easements be platted as common lots and fenced, especially when the lateral is not piped and there are potential hazards. However, to remain consistent with other Meridian Greens lots, Staff could support inclusion of the irrigation easement in the lots. The Commission and Council approved this option, the Applicant shall provide a copy of the executed encroachment agreement with Nampa-Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to City signature on the final plat. If encroachment of the Eightmile Lateral is. not granted, this 40-foot easement area shall be removed from the building lots and platted as a common lot. 2.3 Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-O0-019) 2.4 2.5 2.6 source. The preliminary plat map indicates that the existing P.I. system that borders the eastern boundary of the subdivision be utilized as the primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Meridian Greens Homeowners Association. Under this scenario, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to plan approval. The Applicant is proposing that a 10-foot-strip of the City's well lot at the NE corner of the subdivision be dedicated to ACHD for a right-turn lane on to Overland. A legal description for this 1 O-foot-strip was submitted with the application. The Developer has stated that the City had indicated a willingness to dedicate the 1 O-foot-strip. The City Engineer and Public Works Director have both told staff that this is not the case, and that they are not willing to let the strip of land go. Staff recommends that SE 5th be re-aligned to utilize the developers own land on the west side to provide the necessary width for the intersection design. The length of the entry island (Lot 1, Block 3) shall be modified to provide for access into the City's well site from both directions of travel, ie. the south end of the island needs to be north of the driveway leading into the site. There appears to be a discrepancy between the Ada County Assessor's basemap and the legal description describing the boundaries of the subject parcel. The Assessor's map shows that the City's well lot eastern boundary does not extend to the centerline of Eightmile lateral and that the 40-foot NMID irrigation easement on the east end of this well lot is within the Applicant's parcel. However, the preliminary plat shows the City owning the land all the way to the centerline. The Applicant shall verify the correct boundaries of the subject parcel in this NE corner and modify plat to exclude the 80' easement. The boundary description shall be amended on Sheet 2 of the Final Plat and the Certificate of Owners, to reflect the change. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF'PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) 5 2.7 2.8 2.9 2.10 2.11 2.12 Lot 1, Block 2 does not have direct lot access to SE 5th Way or a cross access easement. This has been modified to demonstrate how this lot will access the public street and provide evidence that ACHD has reviewed and approved of the access point. Staff recommends the access be located on the southern half of the lot.. Since SE 5th Way is designated as a Collector, Applicant shall add a note to the plat that the front yard building setback for Lots 1-5, Block 2 is a minimum of 30 feet, per Zoning Ordinance 11-9-1. The plat shows the Overland Road landscape buffer and both the east and west SE 5th Way landscape buffers as within landscape easements. The Planning and Zoning Commission recommends that the Developer be given the option of either placing this buffer in an easement or on a common lot. Since the eastern SE 5th Way landscape buffer is part of the front yards and these five lots will take primary access off of SE 5th Way, Staff supports platting this eastern landscape buffer within an easement. Developer to provide the City with a landscape plan with all of the landscape areas, including the landscape easement on the west side, prior to approval of final plat. A solid, 6-foot fence is required along the north boundary of Lot 5, Block 2 (except within the 20-foot landscape buffer), to separate the City well lot from this residential lot. A wrought iron fence is constructed along the eastern boundary of Eightmile Lateral in Hunts Bluff Subdivision. Staff encourages the Developer to consider similar cOnstruction in Meridian Greens #4 Subdivision, Lots 1-5, Block 2. Developer requests that they be allowed to consider landscaping to the waterline in a separate easement. The Applicant has stated that the large, mature trees along Overland Road will be preserved and incorporated into the landscape plans. This shall be a condition of the development. Adetailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat application. The plan shall include sizes and species of trees, shrubs, berm and swale details, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION/(PP-00-O19) 2.13 2.14 2.15 proposed ground cover/treatment. No fencing will be permitted within the required landscape buffers. Also, no evergreen trees will be permitted within the clear vision triangle areas at the intersections of public roads and driveways. 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. Perimeter fencing shall be installed prior to obtaining building permits. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Provide five-foot-wide sidewalks in accordance with City Ordinance 12- 5-2.K. 2.16 2.17 2.18 2.19 Ail construction shall conform to the requirements of the Americans with Disabilities Act. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance No. 12-4-13, except as provided for under site specific requirements. The ditches to be piped shall be shown on the site plans. Plans will need to be apprOved by the appropriate irrigation/drainage district, 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. Wells may be used for non-domestic purposes such as landscape irrigation. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION/(PP-00-019) 2.20 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.21 Developer shall enter into an agreement with the homeowner's association to specifically address pipe sizing, designing a "looped" system, increasing pumping capacity, and other concerns of the P.I. system addressed in Harmon Avera's October 5, 2000 letter to the City Council. ~y~_~By action of the City Council at its regular meeting held on the ,20Ol. day of ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD VOTED VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED By: ~'~~~, (~ Clerk Department and City Attorney. Dated: msg/Z:\WorkkM'dMeridian~vleridian 15360MkMeridianGreens4 PP019WfClsOrd. PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION/(PP-00-0 ! 9) - 8 MAYOR ROBERT D. C~ BREAKER) VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works