HomeMy WebLinkAboutHeritage Commons PP FindingsBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/21/02
Revised 6/5/02
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR HERITAGE
COMMONS, LOCATED WEST OF
NORTH LOCUST GROVE
BETWEEN EAST MCMILLAN
ROAD AND EAST USTICK ROAD,
MERIDIAN, IDAHO
BY: BRIGHTON CORPORATION,
APPLICANT
Case No. PP-02-007
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 21, 2002, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department,
and David Tumbull, Beverly Donahue, Joe Silva - Fire Marshall, Mike Wardle, Gary Smith -
Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers, appeared and testified,
and the City Council having received a report from Brad Hawkins-Clark and Steve Siddoway,
Planners 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 FEBRUARY 2002, HERTIAGE COMMONS,
LOCATED IN THE E ½ OF SECTION 31, T.4N., R. 1E., B.M., ADA COUNTY, JOB NO. 01-
045-01, SHEET NO. 1, J:\ BRIGHTON _ LOCUST_GROVE_0104501 \
DRAWINGS\BRIGHTON_ LOCUST_GROVE_PREPLAT.dwg 03/04/02, Engineering
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 1
NorthWest, LLC,", 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, Infi:astmcture Planning Analysis
Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned
Medium Density Residential District (R-8), and requires connection to the Municipal Water and
Sewer System. [Meridian City Code § 11-7-2 D]
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 public 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 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
not create health, safety or environmental problems and there have been no specifics of any such
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 2
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 FEBRUARY 2002, HERTIAGE
COMMONS, LOCATED IN THE E ¥2 OF SECTION 31, T.4N., R. 1E., B.M., ADA
COUNTY, JOB NO. 01-045-01, SHEET NO. 1, J:\ BRIGHTON _
LOCUST GROVE 0104501\ DRAWINGS\BRIGHTON_ LOCUST_GROVE_PREPLAT.dwg
03/04/02, Engineering NorthWest, LLC".
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
FEBRUARY 2002, HERTIAGE COMMONS, LOCATED IN THE E 1/2 OF
SECTION 31, T.4N., R. 1E., B.M., ADA COUNTY, lOB NO. 01-045-01, SHEET
NO. 1, 1:\ BRIGHTON _ LOCUST_GROVE_0104501\ DRAWINGS\BRIGHTON_
LOCUST_GROVE_PREPLAT.dwg 03/04/02, Engineering NorthWest, LLC", 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 3
follows:
Sanitary sewer service to this site shall be via the new White Drain Trunk, scheduled
for construction this summer. Applicant shall be responsible to construct the sewer
mains to and through this proposed development. 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.
The applicant has dedicated a 20-foot wide sanitary sewer easement to the City of
Meridian along the northerly boundary; however with this development the
applicant proposes re-routing the sewer through public right-of-ways. The Public
Works Department supports this proposal and is working with the applicant's
representatives on the design for the sewer think. A new easement will be required
prior to final plat approval, and the existing easement will need to be vacated.
Domestic water service to this site shall be via new main extensions from the
existing mains adjacent to the property in Locust Grove Road (not shown on plat
map.) Applicant shall 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 to provide a 20-foot wide easement, centered on the water main shown
north of the subdivision boundary in E. Herons Crossing Drive. The main shall be
located in the standard location for the design roadway section. Applicant shall be
required to install a connecting water main in E. Heritage Street between S. Locust
Grove and N. Heritage Commons Avenue. Applicant shall work with the Public
Works staff concerning the placement of the water line easement placement.
The Applicant shall show on the Plat, and provide, on the south side of E. Heritage
Street, a driveway access from E. Heritage Street to the Donahue parcel adjoining
the development. The driveway access shall be for a private residential driveway
only for the current residence located on the Donahue parcel. This condition shall
involve the elimination of at least two (2) of the proposed shade trees on the
conceptual landscape plan to accommodate the new access drive.
Lot 4, Block 18 is a common driveway lot to serve Lots 2, 3, 5, 6 and 7 of the same
block. The Planned Development Ordinance (12-6-2.A.6.c.) requires such private
streets to be a minimum of 24 feet wide with five-foot sidewalks located on both
sides within an easement. The Applicant has agreed to construct a 24-foot common
driveway, but is not required to construct the sidewalks on either side of the
common driveway.
7. Lots 1 and 10, Block 4 shall be restricted fi:om having garage entrance directly onto
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 4
E. Herons Crossing Drive and shall take access from Heritage Commons and
Heritage Woods, respectively.
There is an existing, 1,300 foot long, 20-foot wide ingress-egress easement adjacent
to the north boundary which provides Locust Grove Road access for the two
Crestwood Subdivision lots and the unplatted parcel. The easement appears to lie
entirely within the Heritage Commons boundary. The Applicant shall submit
evidence that the easement of record permits the Applicant to dedicate a public road
over the top of said easement without vacating the easement and without obtaining
consent of the beneficiaries of the easement.
A temporary vehicle turnaround shall be added to the north stub of N. Legacy
Woods Ave.
10.
Fencing details shall be submitted with each Final Plat application. Fencing adjacent
to pathways or the common area lots shall not be over four feet in height if
constructed of a solid material. A perimeter fencing plan shall be submitted to the
Planning Director for future implementation.
11.
All adjacent agricultural uses shall be protected and a note added to the face of the
plat regarding the Right to Farm Act.
12.
Four (4) alley-loaded lots within the subdivision are shown with 32-foot wide
frontages. At least 10 days prior to the next public hearing, Applicant shall submit
to the P&Z Department a conceptual plot plan and floor plan of a 32-foot wide lot
demonstrating how a 22-foot wide dwelling unit will be accommodated on the lot.
13.
The required landscaping and irrigation system on Locust Grove Road shall be
installed prior to the issuance of a Certificate of Occupancy for any building on any
lot created by the subdivision. Landscaping and fencing must be bonded for prior
to applying for building permits.
14.
No phasing lines were shown on the preliminary plat. If phasing is planned,
applicant shall submit a revised plat prior at least 10 days prior to the next public
heating showing the proposed phase lines.
15.
The phasing schedule shall apply to the residential portions of the subdivision only.
If the applicant/developer determines that the office/commercial property can or
should be developed in an order that is not consistent with the phasing schedule,
they may request final Plat approval of said phases in a non-sequential manner
without revising the preliminary plat. All development, however, must be
contiguous to a previously approved phase.
16. The public record should show that item #3 on page 1 of the Preliminary Plat
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 5
application incorrectly shows 12 "other lots" within the subdivision. The number
should be 17 lots. The Applicant should also confirm that item #7.1.A on page 1 of
the Pre Plat application, which states that there are "no minimum required size
requirements for dwellings," is incorrect and should be 1,101 sq. ft.
17.
Please revise the preliminary plat map to show all easements of record (ditches and
drainage ways). Show how the existing ditches are being continued, and all new
easements needed for relocations. Provide all the above details on revised
preliminary plat maps prior to the City Council heating. Lots shall be configured
to the edge of easement lines unless an encroachment agreement is granted. If the
latter is the case, create a common area lot covering the balance of the easement
width.
18.
The preliminary plat map fails to show the how street drainage is being handled.
Please revise the plat to show set-aside areas for drainage retention/detention.
19.
Underground pressurized irrigation must be provided to all landscape areas on site.
Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by an association or the Nampa &
Meridian Irrigation District. If the system is being proposed as a private system,
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.
20.
The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. Ifa creek or well source is not available, a single-point
connection to the culinary 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.
21.
Staff recommends that any six-foot fences built in this subdivision be allowed to
match the approved front and street-side building setbacks, instead of the standard
fence setbacks required in 12-4-10 and 12-12-2. All other fence regulations will still
apply.
GENERAL COMMENTS (preliminary 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.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 6
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.
o
Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. At the subdivision
entrances, historical lighting may be appropriated. A streetlight agreement will be
required. 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 adjacent and contiguous to the area being subdivided shall be filed 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.
7. Slopes within drainage lots are not to exceed a ratio of 3:1.
8. Performance specifications for the common area pressurized irrigation system shall be
submitted with each Final Plat application.
Adopt the Recommendations of ACHD as follows:
Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
o
Construct the main entrance, East Heritage Place, intersecting Locust Grove Road,
located approximately 580-feet south of the north property line with 21-foot street
sections on either side of the center medians, as proposed. The medians shall be
constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum
of a 100-square foot area. The applicant will be required to dedicate 54-feet of
right-of-way plus the additional width of the medians.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 7
Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located
2-feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-way,
provide an easement for the sidewalk.
Construct the following roadways as 29-foot street section with curb, gutter and a
separated 4-foot wide concrete sidewalk within 50-feet of right-of-way, as proposed.
Parking shall be allowed on both sides of these roadways contingent upon review
and approval from the appropriate Fire Department.
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
North Heritage Common Avenue: Village Common Street to Herons
Crossing Drive,
North Heritage Woods Avenue: Village Common Street to Herons
Crossing Drive,
North Heritage Park Way: Legacy Crossing Drive to Herons
Crossing Drive,
North Heritage Green Way: All segments,
North Heritage Crossing Way: Legacy Crossing Drive to Herons
Crossing Drive,
East Heritage Street: Heritage Parkway to Heritage Crossing Way
and Legacy Crossing Drive to Legacy Common Avenue, North Legacy Common Avenue: All segments,
East Troth Street: Legacy Common Avenue to Legacy Woods
Avenue,
East Trust Street: Legacy Common Avenue to Legacy Woods
Avenue,
North Legacy Woods Avenue. All segmems.
5. Construct the following roadways as 33-foot street sections within 50-feet of
right-of-way contingent upon review and approval from the appropriate Fire
Department, as proposed.
North Heritage Common Avenue Heritage Street to Legacy Crossing Drive,
East Legacy Crossing Drive: All segments,
East Tradition Street: All segments,
North Heritage Woods Avenue: south of Legacy Crossing Drive.
6. Construct the following street sections as 36-foot street sections with curb, gutter
and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed.
a) East Herons Crossing Drive: Heritage Crossing Way to the north property line,
b) East Vestige Drive: All segments
c) Ashton Street: Legacy Woods Avenue to the west property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 8
7. Construct six stub streets, as proposed.
a. North Heritage Woods Avenue is proposed to stub to the south property line
approximately 390-feet west of the east property.
b. North Heritage Green Way is proposed to stub to the south property line
approximately 1,030-feet west of the east property line.
c. East Traditions Street is proposed to stub to the west property line
approximately 130-feet north of the south property line and stubbing to the
west property line.
d. East Ashton Street is proposed to stub to the west property line
approximately 850-feet north of the south property line.
e. North Legacy Woods Avenue is proposed to stub to the north property line
approximately 130-feet east of the west property line.
f. Noah Legacy Common Avenue is proposed to stub to the north property
line approximately 420-feet east of the west property line.
8. Provide a paved temporary turnaround at the end of North Heritage Green Way and
Noah Legacy Woods Avenue with a temporary easement provided to the District and install
a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE". Coordinate the sign plan for the 'stub street, and the design of the
turnaround with District staff.
9. Construct East Vestige Drive intersecting Locust Grove and the north property line,
as one-half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter
and 5-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed.
10. Construct five alleys within the proPosed project within a minimum of 16-feet of
right-of-way, as proposed.
a. The first proposed alley is proposed to connect North Heritage Common
Avenue with North Heritage Woods Avenue.
b. The second proposed alley is proposed to connect North Heritage Woods
Avenue with Noah Heritage Park Way.
c. The third proposed alley is proposed to connect North Heritage Common
Avenue with North Heritage Woods Avenue.
d. The fourth and the ill'th proposed alleys are proposed to connect North
Heritage Woods Avenue and North Heritage Park Way.
11. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association. Notes of this
shall be required on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 9
12.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
13. Any existing irrigation facilities shall be relocated outside of the right-of-way.
14. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
15. Other than the public streets specifically approved with this application, direct lot
or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
16. Comply with ACHD's Standard Requirements listed in their report dated May 10,
2002.
Adopt the Meridian Fire Department Recommendations as follows:
One and two family dwellings will 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 at approved locations.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian.
Final approval for fire hydrant locations shall be by the Meridian Fire
Department.
All taming radii shall be a minimum of 28' inside and 48' outside for all internal
roads.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turnaround.
The Meridian Fire Department requests strict application of the Uniform
Building Code for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to
limit the potential fire spread from building to building in those blocks.
9. The alleys in Blocks 7, 8, 11, 12 be signed on each end stating "Fire Lane No
Parking".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 10
day of
10.
The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green
Way shall be 20' with no parking.
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 Sanitary Service as follows:
1. Applicant needs to submit water enclosure plans.
Additionally, comply with the City Council's action taken at their May 21, 2002 meeting
as follows:
1. Applicant shall show on the Plat, and provide, on the south side of E. Heritage
St., a driveway access fi:om E. Heritage St. to the Donahue parcel adjoining the
development. The driveway access shall be for a private residential driveway
only for the current residence located on the Donahue parcel.
By action of the City Council at its regular meeting held on the 4 ~ ,2002.
ROLL CALL
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD
VOTED
COUNCILWOMAN McCANDLESS VOTED ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 11
COUNCILMAN NARY
VOTED
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER) d~~.r~
Copy served upon Applicant, The Planning and Zoning Department, Public
Department and City Attorney.
By Dated: City Clerk "~'
Z:\Work~4'xMeridian~Vleridian 15360M~eritage Commons AZ02-006 PP02-007 CUPO2-007'~FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
HERITAGE COMMONS / (PP-02-007) 12