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HomeMy WebLinkAboutDevlin Place Subdivision No. 2 PP-00-025BEFORE THE CITY COUNCIL OF THE CITY OF .MERIDIAN 02-06-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION NO. 2 BY: DAN WOOD, OWNER, JUB ENGINEERS, APPLICANT. Case No. PP-00-025 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 February 6, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Daren Fluke, JUB Engineers, and no one appeared in opposition, and the City Council having received a report from Bruce Frecldeton, Engineering Technician III, and Steve Siddoway, 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 Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO. 2, Preliminary Plat located in the SW 1/4, Section 2, T. 3N., R. 1W, B.M., Meridian, Ada County, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT / FOR DEVLIN PLACE SUB. NO. 2 / (PP-O0-025) Idaho, Drawn By: JPM, Design By: MLV, Checked By: GAL, Project No. 11687, Sheet 1 of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers, for DEVLIN PLACE SUBDIVISION NO. 2," 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 I. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT / FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) - 2 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 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 environmenta! 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 Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO. 2, Preliminary Plat located in the SW 1/4, Section 2, T. 3N., R. 1W, B.M., Meridian, Ada County, Idaho, Drawn By: JPM, Design By: MLV, Checked By: GAL, Project No. 11687, Sheet 1 of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, IUB ENGINEERS, INC., Engineers, for DEVLIN PLACE SUBDIVISION NO. 2". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT/FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) - 3 DECISION AND ORDER Pursuant to the City Coundl'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 Engineering Conceptual Plan, DEVLIN PLACE SUBDIVISION NO. 2, Preliminary Plat located in the SW 1/4, Section 2, T. 3N., R. 1W, B.M., Meridian, Ada County, Idaho, Drawn By: JPM, Design By: MLV, Checked By: GAL, Project No. 11687, Sheet I of 2, handwritten date of: 9-19-00, PRELIMINARY PLANS NOT FOR CONSTRUCTION, JUB ENGINEERS, INC., Engineers, for DEVLIN PLACE SUBDIVISION NO. 2", is hereby Conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 The main issue with the plat is that it does not include the entire 8-acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre-application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted indudes only the 5.17 acres purchased by D.W., Inc. from D.D. & F. Since the split was never done as part of a legal Subdivision process, staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. & F. If, however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT/FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) - 4 a one-lot subdivision to clean up the public record. 2.2 Applicant shall submit a letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. 2.3 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.4 Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to Lot 12, Block 1 is questionable from the system being proposed. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. 2.5 Water service to this site w/Il be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.6 Underground year-round pressurized irrigation shall be provided to all common landscape areas on the site. 2.7 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa & Meridian Irrigation District. The existing system in Devlin has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 2.8 The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However, if the remnant parcel is incorporated into the plat, a 35-foot wide landscape buffer would be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT / FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) - 5 required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right- of-way and designated as such on the plat. 2.9 5% common open space is required per City Ordinance 12-13-16. For the proposed 5.17-acre subdivision, a minimum of 11,000 s.f. of open space is required. The storm drainage pond, Lot 13, Block 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-I4. Lot 5, Block 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-15. The landscape lot on Lot 20, Block 2, may also count as open space, because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant shall verify how they intend to comply with this requirement, and the actual area provided. 2.10 A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12- 13. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 2.11 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shovm on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Worka Department. No variances have been requested for tiling of any ditd~es crossing this project. 2.12 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. 2.13 Applicant shall provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 2.14 All construction shall conform to the requirements of the Americans FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT/FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) with Disabilities Act. The Planning and Zoning Commission further recommend: 2.15 Lot 13 and Lot 5 and the micropath shall be landscaped to the extent possible in compliance with City ordinance. Adopt the Central District Health Department's Recommendations as follows: 2.16 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. 2.17 Run-off is not to create a mosquito breeding problem. 2.18 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.19 The Engineers and architects involved with the design of the subject proiect shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of the Meridian Fire Department as follows: 2.20 All roads will be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Ada County Highway District as follows: 2.21 2.22 Applicant shall extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and cmmect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. Applicant shall extend Higan street into the site at the noah property line as proposed to connect to the proposed Gemstone Drive. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT/FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) shall construct Higan Street as a 29-foot street section as proposed, within 42-feet of right-of-way with parldng prohibited on one side. Parldng shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 2.23 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. 2.24 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. 2.25 Applicant shall construct the turnaround to provide a minimum turning radius of 45-feet. 2.26 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Additionally, adopt the action of the City Council from their meeting held on February 6, 2001, with the following exceptions to Staff comments dated December 7, 2000, at 10 and 11 on page 3, the comments shall be revised to delete in I0. Lot 5 to Lot 4 and Lot 6, and in 1 I. to delete 5% and to add the following language to read as follows: 10. That a 20-foot micropath be required between the west line of Lot 4 and the east line of Lot 6, Block 5, with a fence height restriction of a maximum of 4 feet. 11. 11,000 square feet common open space is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT / FOR DEVLIN PLACE SUB. NO. 2 / (PP-00-025) - 8 ~y action of the City Council at its regular meeting held on the--~5)7~day of t,~b{,-g,~,4x4~ , 2OOl. Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Dated: Department and City Attorney. City Clerk msg/Z:\WorkXM~Vlefidian\Mefidian 15360M~Devlin Place 2 RZ008 PP025~FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT DAN WOOD, OWNER JUB ENGINEERS, APPLICANT / FOP. DEVLIN PLACE SUB. NO. 2 / (PP-OO-025)