HomeMy WebLinkAboutDrawbridge Sub PP 02-015
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10/15/02
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR DRAWBRIDGE )
SUBDIVISION, LOCATED ON THE )
WEST SIDE OF TEN MILE ROAD, )
APPROXIMATELY'!. MILE )
SOUTH OF McMILLAN ROAD, )
MERIDIAN, IDAHO )
)
BY: PINNACLE ENGINEERS, INC., )
)
APPLICANT )
)
Case No. PP-02-015
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 October 15, 2002, and Brad Hawkins-Clark for the Planning and Zoning Department, and
Clint Boyle, and Frank Johnson, appeared and testified, and the City Council having received a
report from David McKinnon of 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 SHOWING DRAWBRIDGE
SUBDIVISION, A PORTION OF THE SE Y. OF THE NE Y4 OF SECTION 34 TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2002,
DRAWBRIDGE SUBDIVSION PRELIMINARY PLAT BOISE RIVER BUILDERS, DATE:
07-12-02, HANDWRITTEN DATE: 13 SEP 02, AND A STAMED RECEIVED DATE: SEP 13
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
ORA WBRIDGE SUBDIVISION / (PP-02-0IS) I
2002 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: DJL, DESIGNED BY: JGC,
CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026076, SHEET PP-l, PINNACLE
ENGINEERS, INC., BOISE RIVER BUILDERS - DEVELOPER, LEE AND JILL
WOODBURY - OWNERS", 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 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
Rural Medium Density Residential District (R-3), and requires connection to the Municipal
Water and Sewer System. [Meridian City Code S 11-7-2 B]
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION 1 (PP-02-0I5) 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 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 SHOWING DRAWBRIDGE
SUBDIVISION, A PORTION OF THE SE Y. OF THE NE Y. OF SECTION 34 TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2002,
DRAWBRIDGE SUBDIVSION PRELIMINARY PLAT BOISE RIVER BUILDERS, DATE:
07-12-02, HANDWRITTEN DATE: 13 SEP 02, AND A STAMED RECEIVED DATE: SEP
13 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DRAWN BY: DJL, DESIGNED BY:
JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C026076, SHEET PP-I,
PINNACLE ENGINEERS, INC., BOISE RIVER BUILDERS - DEVELOPER, LEE AND
JILL WOODBURY - OWNERS".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code S 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
DRAWBRIDGE SUBDIVISION 1 (PP-02-0I5) 3
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
SHOWING DRAWBRIDGE SUBDIVISION, A PORTION OF THE SE Y. OF THE NE Y. OF
SECTION 34 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA
COUNTY, IDAHO 2002, DRAWBRIDGE SUBDIVSION PRELIMINARY PLAT BOISE
RIVER BUILDERS, DATE: 07-12-02, HANDWRITTEN DATE: 13 SEP 02, AND A
STAMED RECEIVED DATE: SEP 13 2002 CITY OF MERIDIAN CITY CLERK OFFICE,
DRAWN BY: DJL, DESIGNED BY: JGC, CHECKED BY: lG. CARPENTER, P.E.,
PROJECT NO. C026076, SHEET PP-I, PINNACLE ENGINEERS, INC., BOISE RIVER
BUILDERS - DEVELOPER, LEE AND JILL WOODBURY - OWNERS", is hereby
conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Conditions of Approval
1. Sanitary sewer and water service to this site shall be via main line extensions from
the existing mains adjacent to the property. The Applicant shall be required to
extend water and sanitary sewer mains to and through the proposed development,
thereby making them available to the adjacent properties.
2. Applicant shall also be subject to City of Meridian Sanitary Sewer Trunk
Expansion fees, currently proposed at $815.00 per dwelling unit.
3. Underground year-round pressurized irrigation must be provided to all lots within
this development. Please submit hookup and design details based on the proposed
landscaping. Primary water supply connection to the City's mains will not be
allowed without City Council approval. Applicant shall be required to utilize any
existing surface or well water for the primary source.
4. A detailed fencing plan, in accordance with the Landscape Ordinance (MCC 12-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION 1 (PP-02-0I5) 4
13-15-9), shall be submitted upon application of the final plat.
5. Any tree over 4" in caliper that is removed form the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches oftrees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
6. Revise plat note number 9 as follows:
(9) .. .approved by ACHD and the City of Meridian.
7. The following note shall be added to the face of the plat:
(16) The front setback for this subdivision shall be twenty-five (25) feet from
back of sidewalk.
(17) Block 2, Lots 2,3,4,5, and 7 are through lots and are subject to a
twenty-five foot (25') building setback on the private Elk Bugle Lane.
8. Revise the plat to show a 25' wide landscape buffer (excluding the sidewalk) on
Ten Mile Road.
9. Place "UNPLATTED" notations on the adjacent parcels to this subdivision.
10. The aforementioned retention pond shall have a three-to-one maximum slope and
shall be designed to not retain water for a period greater than twenty-four (24)
hours.
11. The plat shall include language setting out his project's compliance with and the
Applicant's recognition ofthe Right to Farm Act, as requested by neighboring
property owners.
B. Adopt the Recommendations of ACHD as follows:
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 ofa 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 of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if
the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION 1 (PP-02-015) 5
(currently Ordinance # 195).
OR
Dedicate 38 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 of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if
the owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2. Construct approximately 330 feet of 5 foot concrete sidewalk on Ten Mile Road
abutting the parcel. If the sidewalk is located within 48 feet ofright-of-way from
the centerline, the sidewalk shall be located within the new right-of-way from the
centerline, the sidewalk shall be located within the new right-of-way located 2
feet from the property line. In no case shall the sidewalk be constructed closer
than 43 feet from centerline and the Applicant shall provide an easement for the
sidewalk.
3. Close the existing driveway on Ten Mile Road, located approximately 140 feet
north of the south property line, with landscaping, berming, temporary curbing,
or other ACHD approyed method to prohibit access to the driveways, as
proposed.
4. Construct Grand Rapids Drive as a 36 foot street section within 42 feet of right-
of-way, located approximately 200 feet north of the south property line. For the
portion of the sidewalk that meanders outside of the right-of-way, provide the
District with an easement for the sidewalk.
5. Construct a stub street to the property to the north as proposed an 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 with District
staff. Coordinate the signage plan with District staff. The Applicant should
provide a paved temporary turnaround at the intersection of Grand Rapids Drivel
Upriver A venue with a temporary easement provided to the District as proposed.
6. If the Highway District establishes an extraordinary impact fee area for the North
Meridian Area, Drawbridge Subdivision may be subject to and extraordinary
impact fee.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION I (PP-02-0I5) 6
7. No direct lot access to Ten Mile Road is proposed and none is 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.
8. 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 year 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 of Idaho 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 is 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. Existing utilities damaged by the Applicant shall be repaired by the
Applicant at no cost to ACHD. 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION 1 (PP-02-015) 7
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 of 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.
11. 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 planned use of the subject property unless a
waiverl 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.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2
hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. Show all fire hydrants within 500' of the project on the final plat.
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final Approval of fire hydrant locations shall be by the Meridian Fire
Department.
5. All radii shall be 28' inside and 48' outside radius for the internal road system.
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 for base material.
8. Any roadway greater than 150' in length that is not provided with an outlet shall
be required to have a turnaround; this requirement may apply during the phasing
of the project.
9. Increase radii from 45' to 50' on temporary turnaround.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION 1 (PP-02-0I5) 8
day of
D. 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. 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 involyed 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.
E. Adopt the Recommendations of the Settler's Irrigation District as follows:
1. All irrigation and drainage facilitiesl easements will need to be protected.
2. All storm drainage must be retained on site.
3. Plan reviewl inspection fees shall be paid prior to any approvals.
4. If this development wishes to have SID own, operate and maintain the
pressurized irrigation system, an agreement needs to be in place prior to
construction.
By action of the City Council at its regular meeting held on the
A/(/Veh7-~ ,2002.
.
G-t!l-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION 1 (PP-02-015) 9
ROLL CALL
VOTED .~
COUNCILWOMAN deWEERD VOTED~~
COUNCILMAN BIRD
COUNCIL WOMAN McCANDLESS VOTED 4A...-
COUNCILMAN NARY VOTED 4v.--
MAYOR ROBERT D. CORRIE ~. VOTED
(TIE BREAKER) ~
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney. \,,\\\\I"""'.~lilfllll
"" -l. Of Ml:J?/~ II"
,....,',~ ~~:..-"%.-
! V' 'r.o~r~ %
_ ~ :0 -
Dated: '/-G-o '1-i ~
BY~~~)-!5et' ~
City Clerk v
Z:\Work\M\Meridian\Meridian I 5360M\Drawbridge Sub AZ02-019 PP02-015\FfCIsOrdPP.doc
;;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DRAWBRIDGE SUBDIVISION I (PP-02-015) 10