HomeMy WebLinkAboutMarlin Sub PP 02-008BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/04/02
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR MARLIN
SUBDIVISION, LOCATED NORTH
OF 1-84 AND EAST OF S. LINDER
ROAD, MERIDIAN, IDAHO
BY: WINSTON MOORE,
APPLICANT
Case No. PP-02-008
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 June 4, 2002, and Shari Stiles, Planning and Zoning Administrator, Jonathan Seel, and Tara
Gorton, 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, MARLIN SUBDIVISION, LOCATED
IN THE NW ¼ OF THE SW ¼, SECTION 13, T.3N., R. lW., B.M., MERIDIAN, IDAHO,
MARCH 2002, AND A STAMPED DATE OF: MAR 05 2002, JOB NO. 02-017-00, SHEET
NOo 1, K: \WHMOORE LINDER(02,017-00)\DRAWlNGSLMARLIN_PRE.DWG 02/28/2002,
HUBBLE ENGINEERING, INC.", Winston Moore submitted for preliminary plat approval and
which preliminary plat for approval application is herein received and adjudged by the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 1
Council pursuant to Meridian City Code § 12-3-3.
following findings:
Therefore the City Council makes the
FINDINGS OF FACT
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 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 them have been no specifics of any such
concerns brought to the Council's attention.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 2
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, MARLIN SUBDIVISION,
LOCATED IN THE NW lA OF THE SW 1/4, SECTION 13, T.3N., R. 1W., B.M., MERIDIAN,
IDAHO, MARCH 2002, AND A STAMPED DATE OF: MAR 05 2002, JOB NO. 02-017-00,
SHEET NO. 1, K: \WHMOORE LINDER(02-017-00)~)RAWINGS\MARLIN_PRE.DWG
02/28/2002, HUBBLE ENGINEERING, INC.".
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,
MARLIN SUBDIVISION, LOCATED IN THE NW ¼ OF THE SW ¼, SECTION 13, T.3N.,
R. 1W., B.M., MERIDIAN, IDAHO, MARCH 2002, AND A STAMPED DATE OF: MAR 05
2002, JOB NO. 02-017-00, SHEET NO. 1, K: \WHMOORE LINDER(02-017-
00)\DRAWINGS\MARLIN_PRE.DWG 02/28/2002, HUBBLE ENGINEERING, INC.", 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:
1. Sanitary sewer service to this site shall be via an extension of the existing sewer in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 3
Linder Road. 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.
Domestic water service to this site shall be via new main extensions from the
existing main in Linder Road and W. Verbena Drive. Applicant shall be responsible
to construct water mains to and through this proposed development, including the
Linder frontage. Subdivision designer to coordinate main sizing and routing with
the Public Works Department.
o
The extension of Verbena Street, through the proposed plat shall be completed at
the completion of Phase I of construction, as called for in Applicant's plans, and
that Phase II of construction, as called for in Applicant's plans, shall not begin until
the completion of Verbena Street through the aforementioned plat.
If the developer intends to phase construction, the Applicant shall submit a revised
Preliminary Plat showing any proposed phase lines and numbers.
o
Ordinance 12-10-5.A, Minimum House Sizes Shown on Plat, requires that "all new
residential housing development plats shall have the individual lots marked showing
the minimum size house that can be constructed thereon, and no plat shall be
recorded henceforth without such indication clearly shown thereon." Applicant shall
submit a revised Preliminary Plat complying with this ordinance.
o
The Applicant shall submit a revised Landscape Plan showing the cross-section of
the 1-84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the
fence and the freeway. This would be fencing for the adjacent landowners and/or
homeowners, and which is actually the area between the southern lots and 1-84.
The Applicant shall also design the landscape buffer along 1-84 to accommodate
runoff from the berm so that water will not collect in the rear yards of residences
within Block 7.
°
A detailed fencing plan shall be submitted with each Final Plat application. Any
proposed fencing adjacent to Lot 6, Block 3 shall be clear-vision. If solid fencing is
used, it shall be a maximum of 4-feet in height, and there shall be no use of chain
link fencing adjacent to the park. The NMID allows fencing within their Kennedy
Lateral easement under existing License Agreement No. 97009476. However, the
specific location of the fence is dependent upon the buildable lot rear line location.
The east perimeter fence shall be placed on the rear lot lines, which shall need to be
determined through an encroachment agreement, per item # 12 below.
8. Lot 21, Block 1 and a portion of Lot 1, Block 1 are micropath lots. Ordinance 12-
13-15-9 encourages all fences adjacent to micropath lots to be clear-vision. If solid
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 4
fencing is used, it shall be a maximum of 4-feet in height. The 6-foot vinyl fence
proposed in the Landscape Plan (Sheet CUP-C) adjacent to the micropath in Lot 1,
Block 1 is not approved and must comply with Ordinance 12-13-15-9. The
developer will be responsible for the construction of the fences adjacent to Lot 21,
Block 1 and Lot 1, Block 1 and said fence restriction shall be included as a note on
the Final Plats.
o
The developer shall comply with Ordinance 12-13-10-9 on Linder Road regarding
the landscaping of unimproved street right-of-way greater than 13 feet in width.
Said landscaping shall be installed or bonded for prior to issuance of any
Certificates of Occupancy.
10.
The required landscaping and irrigation system on Linder Road and adjacent to 1-84
shall be installed prior to the issuance of a Certificate of Occupancy for any building
on any lot created by the subdivision. All required fencing shall be installed prior to
the issuance of any building permits. Landscaping and fencing shall be bonded for
prior to City signature on the Final Plat.
11.
The minimum number of street trees, as required by Ordinance 12-13-10-6, is not
met by the proposed Landscape Plan for the Linder Road and 1-84 required buffers.
Applicant shall submit detailed landscape plans with the Final Plat application that
complies with this ordinance.
12.
South of W. Verbena Drive, ACHD is requiring more right-of-way on Linder Road
than what is shown on the Preliminary Plat. Ordinance 12-13-10-4 requires a
minimum 25-foot wide street buffer along Linder Road, beyond future right-of-way.
It appears the additional right-of-way will significantly reduce the proposed buffer
width to less than 10 feet at some locations. The Applicant shall address the issue of
how adequate buffering shall be provided from the future overpass. The Applicant
shall submit a revised Preliminary Plat showing the required Linder Road right-of-
way, the new street buffer width, and any revised open space calculations. The
Applicant shall obtain a slope easement for landscaping the east slope of any future
overpass from Ada County Highway District and/or Idaho Department of
Transportation
13.
Fifteen (15) building lots within Blocks 1 and 7, adjacent to the east boundary,
appear to encroach into the Kennedy Lateral easement. These lots shall be
configured to the edge of easement lines unless an encroachment agreement is
granted by Nampa Meridian Irrigation District. If the former is the case, create a
common area lot covering the balance of the easement width, and submit a copy of
said NMID agreement prior to submittal of the Final Plat application.
14. The Preliminary Plat fails to show the how street drainage is being handled. The
plat shall be revised to show set-aside areas for drainage retention/detention.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 5
15.
Underground pressurized irrigation shall 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 shall submitted prior to plan
approval.
16.
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.
17.
Applicant shall provide a copy of the complete geotechnical engineering report to
be issued by Materials Testing & Inspection to the Public Works Department.
18. Applicant shall revise preliminary plat note #1 to also include the rear lot lines.
GENERAL COMMENTS (Preliminary Plat)
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. 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.
o
Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights shall 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.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008)
said approval submitted to the Public Works Department.
o
Any existing domestic wells and/or septic systems within this project shall 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.
o
Performance specifications for the common area pressurized irrigation system
shall be submitted with each Final Plat application~
Adopt the Recommendations of the ACHD as follows:
Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to
1-84 of right-of-way from the centerline of Linder Road abutting the parcel by
means of a warranty deed. The right-of-way purchase and sale agreement and
deed shall 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.
°
Construct a 5-foot wide detached concrete sidewalk on Linder 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. The District shall require a license
agreement for the landscape strip with the detached sidewalk. An agreement
shall be approved prior to scheduling the final plat for signature.
o
Construct the main entrance to the subdivision, West Verbena Drive,
located 600-feet south of the north property line and intersecting with
Linder Road, as proposed. This location meets District policy and is
approved with this application.
°
Construct West Verbena Road (extending from Linder Road approximately 250-
feet east) as a 42-foot street section within 60-feet of right-of-way with curb,
gutter and 4-foot detached sidewalk, as proposed.
o
Unless otherwise approved, the applicant shall be required to construct all public
roads within the subdivision as 36-foot street sections with curb, gutter, and 5-
foot wide concrete sidewalks within 50-feet of right-of-way.
Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and
West Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot
wide concrete sidewalk within 50-feet of right-of-way with parking restricted on
one side of each of the roadways. A signage plan shall be submitted for review
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008)
7
and approval by Planning and Development staff.
Extend West Verbena Drive, an existing stub street; into the site at the west
property line, that is a part of The Landing Subdivision, as proposed.
o
Construct an ACHD approved turnaround at the end of West Black Marlin
Court. Submit a design of the turnaround for review and approval by District
staff. The turnarounds shall be constructed to provide a minimum turning radius
of 45-feet. The applicant shall also be required to provide a minimum of a 29-
foot street section on either side of any proposed center islands within the
tumarounds. The medians shall be constructed a minimum of 4-feet wide to total
a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the
additional width of the median.
9. Construct six knuckles, as proposed.
Northwest comer of West Brown Trout Street and North Grayling Avenue.
· Southwest comer of North Grayling Avenue and North Barracuda Avenue.
· Southeast comer of North Roosterfish Avenue and North Barracuda Avenue.
· Southwest comer of West Brook Trout Way and North Rainbow Trout
Avenue.
· Southeast comer of North Bass Drive and West Silver Salmon Drive.
· Northeast comer of West Brown Trout Street and North Black Marlin Drive.
If the apPlicant proposes to construct traffic islands within the knuckles, the
applicant shall be required to construct a traffic island in the knuckle; the traffic
island shall be a minimum of 4-feet wide with a minimum area of 100-square feet
and designed to safely channel traffic. The roadway around the traffic island shall
maintain a minimum of a 29-foot street section. The design shall be reviewed and
approved by ACHD's Planning and Development staff.
10.
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.
11.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13.
All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008)
14.
Other than the public road specifically approved with this application, direct lot
or parcel access to Linder Road is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
15.
Comply with all the Standard Requirements listed in ACHD's report dated May
2, 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. 1997 UFC Appendix III-A
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
Acceptance of the water supply for fire protection shall be by the Meridian Water
Department.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
All radii shall be 28' inside and 48' outside radius for all internal roads and
entrances.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards.
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 mm around.
The Meridian Fire Department shall support the strict application of the Uniform
Building Code for sideyard setbacks with no variances. This would limit the
potential fire spread from building to building in those blocks.
10.
Provide a fire hydrant on the extreme South end of South Linder Rd. adjacent to the
common fence with 1-84. The project engineer contact the fire marshal to work out
the details of this installation.
11. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 9
provided for the portions of the project which are not one or two family dwellings.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
Adopt the Recommendation of the Nampa & Meridian Irrigation District as
follows:
1. Applicant shall apply for a land use change/site application.
The District's Kennedy Lateral courses along the east boundary of this project.
All encroachments shall have approved plans and a signed License Agreement
before construction can begin.
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.
3. 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 Notation of the Water Department as follows:
1. The 12" main in Linder Road should be extended from Waltman Lane to the
south boundary of the development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008)
10
day of
By acti_0_on 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
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
~/~-o~_
VOTED
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
'
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By: ! . Dated:
City Clerk
Z:\Work\MWIeridian\Meridian 15360MWIarlin Sub AZ-02-007 PP-02-008 CUP-02~010~fClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008)
11