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HomeMy WebLinkAboutSutherland Farm PP 02-004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/16/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SUTHERLAND FARM ) SUBDIVISION, LOCATED A 1/2 ) MILE SOUTH OF OVERLAND ) ROAD ON THE EAST SIDE OF ) EAGLE ROAD, MERIDIAN, IDAHO ) ) ) BY: SUTHERLAND FARM, INC., ) APPLICANT ) ) Case No. PP-02-004 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 July 16, 2002, and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City Council having received a report from David McKinnon Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part of the record of this matter the recommendation to City Council ofthe Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDMSION / (pP-02-004) 1 PROJECT NO. 11678, DRAWING NO. 1 1678ppl, SHEET 1 OF 3, JcU-B ENGINEERS, INC.", 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 9 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 Low Density Residential District (R-4) and General Retail and Service Commercial District (C- G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2CandK] 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 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 ifthe conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician ill and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTIIERLAND FARM SUBDIVISION / (pP-02-004) 2 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 ofthe 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 FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11678, DRAWING NO. ll678ppl, SHEET 1 OF 3, J-U- B ENGINEERS, INC." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 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 FOR SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTIIERLAND FARM SUBDMSION / (PP-02-004) 3 PORTION OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION A PLANNED UNIT DEVELOPMENT, SUTHERLAND FARM, INC., DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11678, DRAWING NO. ll678ppl, SHEET 1 OF 3, J-U-B ENGINEERS, INC.", DEVELOPER 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 and water service to this site shall be via new main extensions from the existing mains adjacent to the property. Computer modeling indicates that existing available fire flows and pressures shall not be adequate to serve the Commercialloffice/multi-family area of the subdivision at present. The City of Meridian will be bringing a new supply well on line in the Silverstone project within the next six to eight months, and with the development ofthe Silverstone project, a new main will extend under the Ridenbaugh Canal. According to the computer model, once these two items are complete fire flows and pressures shall be adequate to serve the higher demands ofthe above mentioned areas. 2. The submitted landscape plan includes conifers located in the required street buffer along Eagle Road. This is in violation of the Landscape Ordinance; however, the inclusion of the pine trees at this location shall be permitted because conifers were permitted as part ofthe Silverstone Corporate Center landscaping, immediately adjacent to the Sutherland Farms project on Eagle Road. 3. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the private park shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. 4. Performance specifications for the common area pressurized irrigation system shall be submitted with the Final Plat application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (PP-02-004) 4 5. The addition of a micro-path, in accordance with the Landscape Ordinance, that runs between Lots 4,5 and Lotsl6 and 17 of Block 18. 6. The addition of a micro-path, in accordance with the Landscape Ordinance, that separates Lots 9 and 10 of Block 19. The micro-path shall continue though Lot 1 of Block 19. 7. There shall be a minimum separation often (10) feet between unattached buildings. 8. Applicant shall add a note to the face ofthe plat requiring all single family detached houses to provide a minimum of 1,400 square feet of living space, excluding the garage. 9. The required landscaping and irrigation system on Victory 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 shall be bonded for prior to applying for building permits. 10. The Applicant shall coordinate pathway construction requirements along the Ridenbaugh Canal with the City's Parks Director, Tom Kuntz 11. The Applicant shall coordinate with ACHD. concerning the requirements and construction of the Bridge over the Ridenbaugh Canal 12. The phasing schedule shall apply to the residential portions of the subdivision only. If the Applicant/developer determines that the office/multi-family or CoG zoned 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. 13. 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 and shall make any corrections necessary to conform. 14. Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 15. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 5 etc., prior to signature on the final plat. 16. One-hundred-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 17. 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, excluding the Ridenbaugh Canal. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 18. Remove any existing domestic wells and/or septic systems within this project 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. 19. Slopes within drainage lots are not to exceed a ratio of 3: 1. 20. That the bollards in the stub road and Knapp Road to Muir Wood subdivision are put into place and remain until such time as Sutherland Farm has access to Overland Road. 21. That restrictions be placed upon all structures constructed on the following lots: Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19; Block 16, Lots 1,5,6,7,8,9,10 and 11, that such restrictions include not to exceed a peak height of 25' or less. 22. That the June 13, 2002 Memorandum of Understanding between Applicant and neighboring property owner, Gail Sasser, be incorporated in its entirety. 23. That the cedar fence which is planned to be placed between Sutherland Farm and the Sasser property be placed at a height of 8' instead of the originally intended 6'. 24. That setbacks on Lots 2,3,4, 5,6,7, and 8 of Block 9 be increased to 30'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDMSION / (PP-02-004) 6 25. That pursuant to an agreement between Applicant and neighboring property owners, Herb and Kathleen Papenfuss, the Papenfuss property shall be given access to Easy Jet Road. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle 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. 2. Dedicate 48-feet of right-of-way from the centerline of Victory 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 fmal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle 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. 4. Construct a 5-foot wide detached concrete sidewalk on Victory 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. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south ofthe north property line. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION / (pP-02-004) 7 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300-feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with l5-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. . East Easy Jet Drive is proposed to be located on Eagle Road approximately 850-feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum l2-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 ofthe median. . South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum l2-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 ofthe median. . Construct Easy Jet Drive west of South Nephrite Way as a commercial 1 industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTIIERLAND FARM SUBDIVISION / (pP-02-004) 8 11. Designate Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately 150-feet east of South Cobblestone Way, as proposed. This commercial / industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gntter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. 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, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. . The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. . The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500- feet east of Eagle Road. . The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. . The fourth stub street, North Knapp Avenue is proposed to stub to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTIIERLAND FARM SUBDIVISION / (PP-02-004) 9 north property line approximately 1,000-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. . The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250- feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way 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 ofthe turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The Applicant shall road trust for one half of the total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The Applicant shall designate this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of l6-feet of right- of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement ofthe alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTIIERLAND FARM SUBDMSION / (pP-02-004) 10 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 turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum ofa 100-square foot area. Dedicate 54-feet of right- of-way plus the additional width of the median. 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. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside of the right-of- way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8,2002. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fITe-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTIIERLAND FARM SUBDMSION / (pP-02-004) 11 Department. 5. All internal & extemal roads shall have a radius of 28' inside and 48' outside radius. 6. 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. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendation of the N ampa & Meridian Irrigation District. 1. Applicant shall apply for a land use changelsite application. Adopt the Recommendations of the 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. Storrmwater 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. Adopt and comply with the action ofthe City Council taken at their July 16, 2002 meeting as follows: 1. Developer shall mitigate the headlight issue with the adjacent neighbors on the south side of Victory Road by adding trees to their yards as agreed upon between the parties. 2. The neighborhood park located in Block 1, Lot 54 shall be far more FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDMSION / (pP-02-004) 12 functional and appealing as a subdivision amenity if the seven lots in the southeast corner were eliminated. Four ofthe seven lots have been deleted, and therefore, to allow for the 5-acre park, the three remaining lots in the southeast corner shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. By action of the City Council at its regular meeting held on the day of ~~51- ,2002. 6#t ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED~ COUNCILWOMAN McCANDLESS VOTED ~ COUNCILMAN NARY VOTED~ BY~-:' g~1 ~ Ity Clerk ' MAYO.R ROBERT D. CO~ (TIE BREAKER) ~ /\ Copy served upon Applicant, The Planning and Zoning Department, Public v.;~rkSIl""'1 \\' M I" Department and City Attorney. ,,\\\, Of ERIC/"I'I ,,~ -,~// ~" c} Ol'J'OR4 " ''Y '-:;. :O:il:-v ('0 " Dated: It?- 4-tJZ" ~ VOTED -%~u /~ ~ - z:\ Work\M\Iv1eridian\Meridian 15360M\Sutherland Farm AZ-02-004 PP-02-o04 CUP-02-005\FK:lsOrdPP .doc '-::////., CCH. ~~' _ ", . "i'-'i.,, , FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION I (PP-02-004) 13