HomeMy WebLinkAboutMoshers Farm Subdivision PP-02-021
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR MOSHERS FARM
SUBDIVISION, LOCATED AT 895
N. TEN MILE ROAD, MERIDIAN,
IDAHO
BY: CMD, INC., APPLICANT
CIC 12/1 0102
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Case No. PP-02-021
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 10, 2002, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, Brad Watson of the Pubic Works Department, Rod Ralphs, Doug Campbell, and
Irma Atkinson, appeared and testified, and the City Council having received a report from David
McKinnon Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Teclmician
III, and the City Council having received as part ofthe record ofthis matter the recommendation
to City Council of the Planning and Zoning Commission and the applicant having submitted the
"PRELIMINARY PLAT FOR: MOSHERS FARM SUBDIVISION, A PORTION OF THE S1I2
OF THE SE 14 OF THE NE Y4 OF SECTION 10, T.3.N., R.1.W., B.M., ADA COUNTY,
IDAHO AUGUST 2002, JOB NUMBER: 02127.003, CAD FILE: MOSHER FARM PRE,
DESIGNED BY: ALH, DRAWN BY: ALH, CHECKED BY: lR.L., SHEET NUMBER: 1,
DELIVERY DATE: 8/12/2002, ISSUED FOR APPROVAL: 08/12/02 ALH, RECEIVED NOV
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDNISION / (pP-02-021) 1
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142002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY PLAT FOR
MOSHERS FARM SUBDNISION CITY OF MERIDIAN, IDAHO, CLIENT: DOUG
CAMPBELL, LEAVITT & ASSOCIATES ENGINERS, INC., CMD INC.-DEVELOPER,"
CMD, INC., Developer, 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 Amended
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, fufrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned Medium Density Residential District (R-8), and requires cOllllection
to the Municipal Water and Sewer System. [Meridian City Code ~ 11-7-2 D]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
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 ofthe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROY AL OF PRELIMINARY PLAT
MOSHERS FARM SUBDIVISION I (pP-02-021) 2
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development.
5. The development ifbuilt in accordance with the conditions and as proposed, will
not create health, safety or envirorunental 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 Plmming 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 FOR: MOSHERS FARM
SUBDNISION, A PORTION OF THE S1/2 OF THE SE ~ OF THE NE ~ OF SECTION 10,
T.3.N., R.1.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, JOB NUMBER: 02127.003,
CAD FILE: MOSHER FARM PRE, DESIGNED BY: ALH, DRAWN BY: ALH, CHECKED
BY: lR.L., SHEET NUMBER: 1, DELNERY DATE: 8/1212002, ISSUED FOR APPROVAL:
08/12/02 ALH, RECENED NOV 142002 CITY OF MERIDIAN CITY CLERK. OFFICE,
PRELIMINARY PLAT FOR MOSHERS FARM SUBDNISION CITY OF MERIDIAN,
IDAHO, CLIENT: DOUG CAMPBELL, LEAVITT & ASSOCIATES ENGlNERS, INC., CMD
INC.-DEVELOPER".
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDIVISION / (pP-02-021) 3
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IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
FOR: MOSHERS FARM SUBDIVISION, A PORTION OF THE S 1/2 OF THE SE 14 OF THE
NE 14 OF SECTION 10, T.3.N., R.1.W., RM., ADA COUNTY, IDAHO AUGUST 2002, JOB
NUMBER: 02127.003, CAD FILE: MOSHER FARM PRE, DESIGNED BY: ALH, DRAWN
BY: ALH, CHECKED BY: lR.L., SHEET NUMBER: 1, DELIVERY DATE: 8/12/2002,
ISSUED FOR APPROVAL: 08/12/02 ALH, RECEIVED NOV 142002 CITY OF MERIDIAN
CITY CLERK OFFICE, PRELIMINARY PLAT FOR MaSHERS FARM SUBDIVISION
CITY OF MERIDIAN, IDAHO, CLIENT: DOUG CAMPBELL, LEAVITT & ASSOCIATES
ENGINERS, INC., CMD INC.-DEVELOPER", Farwest, LLC, Developer is hereby
conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Revise the dimensions of Lot 23 to be approximately 54 feet by 100 feet.
2. The micropath lots can be reduced to 10 feet wide. The five-foot
micropath shall meander through the lot to accommodate one tree per 35
linear feet.
3. The five foot asphalt pathway connecting Ashley Avenue to Brittany
Court is required per the Landscape Plan submitted with the"application.
4. Chain link fencing will be allowed adjacent to the Ten Mile Drain.
5. Add a note to the Plat referencing the Right to Farm Act.
6. Add language to the CC&R's for the subdivision regarding the adjacent
agricultural/livestock uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDIVISION I (PP-02-021) 4
7. Parking shall be prohibited in the cul-de-sacs.
8. The applicant shall construct a detached five-foot sidewalk along Ten
Mile Road in the landscape buffer as part of the initial subdivision
improvements (not road-trusted for).
9. The applicant shall presently tile only the east end of the Ten Mile Sub
Drain adjacent to the subject property to accept the sidewalk, with railing
for safety along the length of the sidewalk across the drain. The applicant
shall be required to tile a section of the drain sufficient to accommodate
the detached sidewalk along Ten Mile Road. Applicant submitted a
revised plat.
10. The proposed setbacks are approved with the caveat that reduced setbacks
are not allowed along the periphery of the subdivision-therefore the side
setback along Lot 10 must be 5 feet per story. All other requested setback
modifications are approved per the staff report.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS I PRELllv1INARY PLAT
1. This development will be required to install a temporary sanitary sewer lift station to
provide service to the lots until permanent mains can be installed from the future
Black Cat Trunk. The lift station shall remain in the ownership of the developer or
homeowner's association. The developer or home owner's association may enter
into a operation and maintenance agreement with the City of Meridian. Water
service to this site shall be via main line extensions from the existing mains adjacent
to the property.
2. The applicant has indicated that a pressurized irrigation system will be provided
within this development, but has not indicated the ownership. If it is to be owned
and maintained by the Nampa & Meridian Irrigation District, please revise the plat
to show how the system is going to be served (ie connection to an existing system,
or independent pumping facilities) Underground year-round pressurized irrigation
must be provided to all lots within this development. The City of Meridian requires
that pressurized irrigation systems be supplied by a year-round source of water.
Applicant shall be required to utilize any existing surface or well water for the
primary source. If a surface 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELThJINARYPLAT
MOSHERS FARM SUBDNISION I (pP-02-021) 5
assessments for the common areas prior to signature on the final plat by the
Meridian City Engineer.
3. A detailed fencing plan shall be submitted upon application ofthe final plat. A solid
fence shall be required around the perimeter of the subdivision unless the City
agrees in writing that such a fence is not required. Fencing adjacent to the pathway
shall be in accordance with the adopted Landscape Ordinance.
4. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
5. Add or revise the following preliminary plat notes:
(1.) Current Proposed zoning classification...
(7.) .. . park lot. Maintenance ofthe common/drainage/park lots shall be
the responsibility of the Mashers Farm Home Owners Association.
(9.) Direct lot access to Ten Mile Road shall be prohibited unless
specifically permitted by ACHD and the City of Meridian.
(10.) Any re-subdivision ofthis plat shall be in compliance with the most
recently approved subdivision standards of the City of Meridian.
(11.) Fencing adiacent to the pathways within the subdivision shall be no
greater than four feet in height if solid sight-obscuring material is
used for fence construction.
6. Submit the final groundwater/soils report (monitoring results) to the Public
Works Department for review. Any drainage areas (detention/retention basins)
must be designed to ensure that water is retained only during 1 OO-year storm
events, and for a period of time not to exceed 24 hours. Side slopes within
drainage areas shall not exceed 3: 1.
7. A detailed landscape plan, in compliance with the landscape ordinance shall be
submitted for the subdivision with the final plat application, the landscape plan shall
include the location and design ofthe playground equipment.
8. The applicant shall be required to tile the Ten Mile Drain at the east end to accept
the sidewalk and the tiling shall be efficient enough to allow the sidewalk to be
extended, and additionally install railing across the Ten Mile Drain for safety.
This section ofTen Mile Sub Drain isn't classified as a jurisdictional water per
the Boise Regulatory Office of the Army Corps of Engineers.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDNISION I (pP-02-021) 6
GENERAL COMMENTS
1. Submit a copy of the Ada County Street Name Committee's approva11etter
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.
3. 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.
4. Two-hundred, 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.
5. The applicant shall be required to tile the Ten Mile Drain at the east end to
accept the sidewalk and the tiling shall be efficient enough to allow the
sidewalk to be extended, and additionally install railing across the Ten Mile
Drain for safety. 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.
C. Adopt the following Recommendations of the ACHD as may be modified by
ACHD from time to time, provided, however, notice of any proposed changes,
and meaningful opportunity to comment shall be given to the City before ACHD
takes any official action to modify the requirements set forth herein.
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline ofTen Mile 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. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value ofthe right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDIVISION / (PP-02-021) 7
a letter of application to the impact fee administrator prior to breaking
ground, in accordance with ACHD Ordinance #195. The Applicant shall
comply with Ada County Highway District requirements as submitted or
as expressly modified by ACHD.
2. Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at
the District for the required street improvements of approximately 495-
feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District
approval of the final plat or issuance of a building permit (or other
required permits), whichever occurs first.
3. Construct the main entrance to the subdivision, West Ashley Avenue, on
Ten Mile Road approximately 1 DO-feet south of the north property line, as
proposed. This roadway location meets District policy and is approved
with this application.
4. Construct West Ashley Avenue with 2l-foot street sections on either side
of a center median. The median shall be constructed a minimum of 4-feet
wide (maximum 12- feet wide) to total a minimum of a 1 DO-square foot
area. The applicant will be required to dedicate 54-feet of right-of-way
plus the additional width of the median.
5. Construct North Brittney Court approximately l80-feet west ofTen Mile
Road (measured from centerline to centerline). This location meets
District policy for offset requirements and shall be approved as proposed.
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.
6. Construct an ACHD approved turnaround at the end of West Ashley
Avenue and North Brittney Court. The turnarounds shall be constructed
to provide a minimum turning radius of 45-feet and provide a minimum
of a 29-foot street section on either side of any proposed center islands
within the turnarounds. The medians shall be constructed a minimum of
4- feet wide to total a minimum of a 1 DO-square foot area. Submit a design
ofthe turnaround for review and approval by District staff.
7. Other than the access point specifically approved with this application,
direct lot or parcel access to Ten Mile Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDIVISION / (pP-02-02l) 8
8. Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development.
Contact Construction Services at 387-6280 (with file number) for details.
4. 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.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State ofIdaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which
incorporates any required design changes.
7. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to
District approval for occupancy. ",
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #195, also known as Ada
County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. The applicant at no cost to ACHD shall repair existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDIVISION I (pP-02-021) 9
utilities damaged by the applicant. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada
County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway
District.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the plalU1ed use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons
per minute available for duration of2 hours to service the entire project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with
a minimum width of 20' available at all times. UFC 902.2.2.1
6. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDNISION / (PP-02-021) 10
7. It is recommended that no parking be allowed in front of Block 1, Lots 9,
10, 11, 12, 13, 14,22,24, and 25.
E. Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use change/site application.
F. Adopt the Recommendation of Central District Health Department as follows:
1. 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.
4. The Engineers and architects involved with the design ofthe subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
G. Additionally, comply with the action of the Council from their meeting held on
Tuesday, December 10, 2002, as follows:
1. That the Applicant, due to the existing house located in the southeast
corner on Lot 27 Block 1 of the property, shall be allowed a 12 foot rear
setback..
2. The Applicant shall be allowed a minimum house size to be'1,150 sq. ft.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDIVISION / (PP-02-02I) 11
day of
By action of the City Council at its regular meeting held on the
~/lAA-ti/l.--J- , 2003.
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COUNCILMAN BIRD
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COUNCILWOMAN deWEERD
VOTED~
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COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
VOTED~
-
MAYORROBERTD. CORRIE
(TIE BREAKER)
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Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
VOTED
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MOSHERS FARM SUBDNISION / (PP-02-021) 12