HomeMy WebLinkAboutTeare Terrace Subdivision PP-00-008
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-26-00
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR TEARE TERRACE )
)
BY:~BEZIGROUP, AN )
IDAHO GENERAL )
PARTNERSHIP, DEVELOPER )
WILLIAM K. CURTIS, MIRIAM )
E. BARR, AND MARGUERITE J. )
SCOTT, OWNERS )
)
Case No. PP-OO-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 6,2000, and continued until June 20, 2000, at the hour of 7:30
p.m.., and Shari Stiles, Planning and Zoning Administrator, appeared and testified,
and appearing and testifying on behalf of the Applicant was Gerald Martin, and the
City Council having received a report from Bruce Freckleton, Senior Engineering
Technician, Brad Hawkins-Clark, Planner, for the Planning and Zoning Department,
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 Site Layout, Approved: C. Geiger,
Drawn: J. SKEEN, Date: 05-30-00, DWG NO.: 52499 _pp.dwg, EHM
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-OO-008) - 1
ENGINEERS, INC., Engineers, WILLIAM CURTIS-OWNER, LeROY
ATWOOD/WESTERN DEVELOPMENT-Developer, for TEARE TERRACE,"
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 S 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
(G-C), Neighborhood Business District (C-N), Medium High Density Residential
District (R-15), and Medium Density Residential District (R-8), and requires
connection to the Municipal Water and Sewer System. [Meridian City Code S 11~7-2
K, H, E and 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 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 ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-00-008) - 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 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 Site Layout, Approved:
C. Geiger, Drawn: J. SKEEN, Date: 05-30-00, DWG NO.: 52499 _pp.dwg, EHM
ENGINEERS, INC., Engineers, WILLIAM CURTIS-OWNER, LeROY
ATWOOD/WESTERN DEVELOPMENT-Developer, for T~ TERRACE."
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-00-008) - 3
Code S 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
Site Layout, Approved: C. Geiger, Drawn: J. SKEEN, Date: 05-30-00, DWG NO.:
52499 _pp.dwg, EHM ENGINEERS, INC., Engineers, WILLIAM CURTIS-
OWNER, LeROY ATWOOD/WESTERN DEVELOPMENT-Developer, for TEARE
TERRACE," 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 Clarify the discrepancies between the figures in the site summary box on
the face of plat and other figures. Most of the "Area (acreage)" figures in
the box are larger than the figures within the actual lot boundaries.
2.2 Submit letter from the Ada County Street Name Committee, approving
the subdivision and street names. Make any corrections necessary to
conform.
2.3 Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
2.4 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a
Re-Assessment Agreement with the City of Meridian for all commercial
uses. An assessment agreement is a vehicle that protects the City of
Meridian and the Developer in the event that estimated assessments are
not in line with actual usages. The agreement provides for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP. DEVELOPER, CURTIS, BARR, SCOTT. OWNERS
FOR TEARE TERRACE / (Pp.OO.008) . 4
reimbursement to the developer for any over payment of assessments, or
payment to the City of Meridian of any shortfall in assessments. The
overpayment/shortfall is determined after adequate historical usage.
2.5 Sanitary sewer service to this site shall be via extensions from existing
mains installed in adjacent developments. 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.
2.6 Water service to this site shall be via extensions from existing mains
installed in adjacent developments. Applicant shall 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. Provide the Public works department with
information on anticipated fire flow and domestic water requirements
for the proposed site. Water service to this development is contingent
upon positive results from a hydraulic analysis by our computer model.
Flow and pressure from the existing mains shall be monitored with the
Meridian Water Department.
2.7 Two-hundred-fifty and 100~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.
2.8 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on
the proposed landscaping. Due to the size of landscaped 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 source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
2.9 Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an
association or the N ampa & Meridian Irrigation District. If the system
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-OO-008) - 5
is being proposed as a private system, plans and specifications for the
irrigation system shall be reviewed by the Public Warks Department as
part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual shall be submitted prior to
plan approval. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If a 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. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area.
2.10 The Ada County Highway District requires some type of approved
turnaround at the terminus of Teare Avenue to allow for a vehicular
turnaround. At the 4-28-00 Technical Review meeting, P&Z staff,
ACHD staff and the Applicant discussed the possibility of a service!
emergency driveway that shall extend west from the south end of Teare
Avenue and connect with Victoria Street, running along the north
boundary of Lot 2, Block 2. Such a driveway would meet ACHD's
accessibility requirement and minimize the amount of land required to
construct a hammerhead, cul-de-sac or other turnaround. This service!
emergency driveway shall be located south of the required 20-foot
planting strip. A pedestrian walkway shall be provided from Teare to
Victoria, which shall be integrated into the landscape strip (see
Subdivision Ord. 12-4-3).
2.l1 Ordinance 12-4-8.B. states, "Existing natural features which add value
to residential development and enhance the attractiveness of the
community (such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of the
subdivision." The Jackson Drain which courses the north of this parcel
is such a natural feature, providing a habitat for red-winged blackbirds
and other species, and shall be preserved in the design and development
of Lot 1, Block 3. It shall not be piped and shall become an open-space
amenity for the future apartment complex or other development on this
lot. At least one side of the Jackson Drain be utilized as a linear
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-00-008) - 6
pathway within the Planned Development. The drain continues to the
northwest through Raleigh Hawe's currently undeveloped parcel and
then connects with the only City-owned pathway in Fothergill
Subdivision on Meridian Road. This section of pathway along the
Jackson Drain shall be a critical link to provide a continuous public
pedestrian corridor from Meridian Road at Fothergill southeast to
Locust Grove Road.
2.12 The Comprehensive Plan designates Fairview Avenue as an entryway
corridor. The Fairview landscape buffer be a minimum of 35-feet in
width beyond the required ACID right-of-way and constructed by the
developer as a condition of the plat. The landscape buffer shall be
placed within a permanent landscape easement beyond the future right-
of-way designated as such on the plat. No landscape easement is
currently shown. This requirement does not include interior lot
landscaping. Interior landscaping on each lot shall be dealt with on a
site by site review basis as part of the Certificate of Zoning Compliance
and building permit process.
2.13 Meridian Subdivision & Development Ordinance #12-4-7, "Planting
Strips and Reserve Strips," requires a minimum 20-foot wide screen
between incompatible development features, including commercial
adjacent to residential. The screening shall not be a part of the normal
street right of way or utility easement. There are six (6) common
property boundaries within the proposed plat that propose a commercial
zone immediately adjacent to existing residential property. These
boundaries are:
. E boundary of Lot 2, Block 2
. N boundary of Lot 2, Block 2 (except Teare Ave. and the shared
boundary between Lot I, Block 2)
. E boundary of Lot 1, Block 2
. N boundary of Lot l, Blocl( 2
. N boundary of Lot 1, Block 1
. W boundary of Lot 1, Block 1
Each of these property boundaries shall be required to plant a 20-foot
landscape strip abutting the property line and should designate a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-00-008) - 7
permanent landscape easement for each strip on the plat. The north
boundary of Lot 1, Block 1 could split the 20-foot planting strip with
Lot 1, Block 3, placing 10 feet on each lot.
2.14 Detailed landscape plans for the Fairview Avenue landscape buffer and
the six (6) required planting strips shall be submitted for review and
approval with the Final Plat application. A letter of credit or cash surety
shall be required for the improvements prior to City signature on the
Final Plat.
2.15 Six-foot-high, solid, perimeter fencing shall be required along the
western boundary of Lot 1, Block 3, and Lot I, Block 1. Submit detailed
fencing plans for review and approval with submittal of the Final Plat.
All required fencing is to be in place prior to issuance of building
permi ts.
2.16 The Applicant is not proposing any CC&Rs (covenants) for this
subdivision. Applicant and the Legal Department shall comment on
whether protective measures are necessary for the five (5) single family
lots proposed in Block 4.
Adopt the Recommendations of the Fire Department as follows:
2.17 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
2.18 No parking ofvehic1es or trailers in cul~de-sac.
2.19 All roads shall be installed before building is started with appropriate
street name signs.
Adopt the Recommendations of the Central District Health Department as
follows:
2.20 The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-OO-008) - 8
2.21 Run-off is not to create a mosquito breeding problem.
2.22 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.23 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 Ada County Highway District as follows:
2.24 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to -0 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance # 193.
2.25 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting
the parcel. The sidewalk shall be located two feet within the new right-
of-way of Fairview Avenue. Coordinate the location and elevation with
District staff.
2.26 Construct Victoria Street within the subdivision as 40~foot street
section with curb, gutter, and 5-foot wide concrete sidewalks within 58-
feet of right-of-way. Transition the roadway to a 36-foot street section
with curbs, gutters, and 5-foot wide concrete sidewalk where the
roadway abuts residential lots.
2.27 Provide a landscaped island within Victoria Street where the roadway
transitions for commercial uses to separate the residential portion of the
site from the commercial portion. The roadway around the island shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-00-008) - 9
be a minimum of 21-feet wide. The island shall be constructed a
minimum of 10-feet wide and 50-feet in length. The landscape island
shall be a separate lot owned and maintained by a homeowners
association. Coordinate the design of the landscape island with District
staff.
2.28 Provide an ACHD approved turnaround at the terminus of Teare
Avenue with curbs, gutters, and sidewalks around the turnaround.
2.29 Locate driveways on Fairview Avenue as follows:
. on Lot 2, Block 1, approximately 180~feet east of the west
property line. Provide a recorded cross access easement between
Lot 2 and 3, Block 1, for the use of this shared driveway to access
Fairview Avenue.
. on Lot 4, Block 2, approximately 190-feet west of the east
property line. Provide a recorded cross access easement between
Lot 3 and 4, Block 2, for the use of this shared driveway to access
Fairview Avenue.
Construct driveways on Fairview Avenue 24 to 35-feet wide with 15-
foot radii pavement tapers abutting the roadway. Paved the driveways
their full width to a minimum of 30-feet from Fairview Avenue. Install a
standard 30" by 30" STOP sign at any driveway intersection with
Fairview Avenue.
2.30 Commercial driveways on Victoria Street shall be constructed as 24 to
35-feet curb cuts and located a minimum of 50-feet north of Fairview
Avenue. Pave the driveways their full width to a minimum of 30-feet
from Victoria Street. Install a standard 30" by 30" STOP sign at the
driveway intersections with Victoria Street.
2.31 Multi-family residential driveways on Victoria Street shall be
constructed as 24 to 30-feet wide curb cuts. Pave the driveways their
full width to a minimum of 30-feet from Victoria Street. Install a
standard 30" by 30" STOP sign at the driveway intersections with
Victoria Street.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE/ (PP-00-008) - 10
2.32 Provide a recorded cross access easement among Lots 1, 2 and 3 of
Block 1, and among Lots 2, 3 and 4 of Block 2, for use to access
Victoria Street prior to final plat approval.
2.33 Utility street cuts in new pavement less than five years old are not
allowed unless approved in writing by the District.
2.34 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
2.35 Other than the access points specifically approved with this application,
direct lot or parcel access to Fairview Avenue is prohibited. Lot access
restrictions, as required with this application, shall be stated on the
Final plat.
By- action of the City Council at its regular meeting held on the 511::. day of
di~ ,2000.
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ByJ~~A!:I9-
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT ZAMBEZI GROUP, AN IDAHO GENERAL
PARTNERSHIP - DEVELOPER, CURTIS, BARR, SCOTT - OWNERS
FOR TEARE TERRACE / (PP-00-008) - 11