HomeMy WebLinkAboutTully Cove Sub PP 02-018BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 11/06/02
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR TULLY COVE
SUBDIVISION, LOCATED ON THE
WEST SIDE OF CINDER ROAD,
APPROXIMATELY '/4 MILE
NORTH OF CHERRY LANE,
MERIDIAN, IDAHO
Case No. PP-02-018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: TED MASON,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on November 6, 2002, and Brad Hawkins-Clark of the Planning and Zoning Department, Ted
Mason and Lance Warrick, appeared and testified, and the City Council having received a report
from David McKinnon Planner II for 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
TULLY COVE SUBDNISION, A PROPOSED RESIDENTIAL SUBDIVISION LOCATED IN
A PORTION OF THE SE '/a OF THE NE '/< SECTION 2, T3N, Rl W, B.M., MERIDIAN, ADA
COUNTY, IDAHO, TITLE: TULLY COVE SUBDIVISION PRELIMINARY PLAT, REV. C,
DESIGNED BY: LBW, DRAWN BY: DLP, CHECKED BY: ACS, SHEET Pl OF 1,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDIVISION / (PP-02-018)
DRAWING # 1388-02, RECEIVED OCT 21 2002 CITY OF MERIDIAN CITY CLERK
OFFICE, HANDWRITTEN DATE: 10/16/2002, OWNER/DEVELOPER: TED MASON,
TREASURE VALLEY ENGINEERS, INC. - CIVIL/STRUCTURAL ENGINEERING", Ted
Mason 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
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
(R-8) Medium Density Residential, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 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 public services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereina8er 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
TULLY COVE SUBDIVISION / (PP-02-018)
as stated on the preliminary plat there will be public financial capability of supporting services
for the proposed development.
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.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING TETLEY COVE
SUBDIVISION, A PROPOSED RESIDENTLAL SUBDIVISION LOCATED IN A PORTION
OF THE SE '/a OF THE NE '/a SECTION 2, T3N, Rl W, B.M., MERIDIAN, ADA COUNTY,
IDAHO, TITLE: TULLY COVE SUBDNISION PRELIMINARY PLAT, REV. C, DESIGNED
BY: LBW, DRAWN BY: DLP, CHECKED BY: ALS, SHEET P1 OF 1, DRAWING # 1388-
02, RECEIVED OCT 21 2002 CITY OF MERIDIAN CITY CLERK OFFICE,
HANDWRITTEN DATE: 10/16/2002; OWNER/DEVELOPER: TED MASON, TREASURE
VALLEY ENGINEERS, INC. - CIVIL/STRUCTURAL ENGINEERING".
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 PRELIIvIINARY PLAT
TULLY COVE SUBDNISION / (PP-02-018)
IT IS HEREBY ORDERED AND THIS DOE5 ORDER
The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
SHOWING TULLY COVE SUBDIVISION, A PROPOSED RESIDENTIAL SUBDIVISION
LOCATED IN A PORTION OF THE SE '/4 OF THE NE %4 SECTION 2, T3N, Rl W, B.M.,
MERIDIAN, ADA COUNTY, IDAHO, TITLE: TULLY COVE SUBDIVISION
PRELIMINARY PLAT, REV. C, DESIGNED BY: LBW, DRAWN BY: DLP, CHECKED BY:
ALS, SHEET P1 OF 1, DRAWING # 1388-02, RECENED OCT 21 2002 CITY OF
MERIDIAN CITY CLERK OFFICE, HANDWRITTEN DATE: 10/16/2002,
OWNER/DEVELOPER: TED MASON, TREASURE VALLEY ENGINEERS, INC. -
CIVIL/STRUCTURAL ENGINEERING", is hereby conditionally approved; and
2. The conditions of approval aze as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
Site Specific Comments
1. Sanitary sewer and 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 the pressurized irrigation system within this
development is to be owned and maintained by the Nampa & Meridian Irrigation
District, however the preliminary plat map doesn't indicate the source. Revise the
plat to show how the system is going to be served (i.e. connection to Turtle Creek
Subdivision's system, or independent pumping facilities). Underground veaz_
round pressurized irrigation shall 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, asingle-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 azeas prior to
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDNISION / (PP-02-018)
signature on the final plat by the Meridian City Engineer.
3. A detailed fencing plan shall be submitted upon application of the 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. The fencing within the
landscape buffer shall be removed.
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 shalll not be considered as
replacement trees for those trees that have to be removed.
5. Add or revise the following preliminary plat notes:
(13.) Direct lot access to Linder Road shall be krohibited unless specifically
permitted by ACHD and the City of Meridian.
(14.) Anv re-subdivision of this plat shall be in compliance with the most
recently aunroved subdivision standards of the City of Meridian.
6. Submit the final groundwater/soils report to the Public Works Department for
review. Any drainage areas (detention/retentionbcsins) shall be designed to
ensure that water is retained only during 25-year storm events, and for a period of
time not to exceed 24 hours. Side slopes within drainage aeeas 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.
8. The preliminary plat doesn't show the lot frontage dimensions. Revise to show
frontages per the "Minimum Yard Setback Requirements" of Meridian City Code
11-9-1.
9. Show the FEMA flood plain boundaries on the preliminary plat map, or make
reference to any FEMA letters of map revisions that may exist.
10. A revised preliminary plat, reflecting all required changes, shall be submitted.
11. The final plat shall cleazly specify that Settler's Irrigation District is the holder of
an access easement across lots 11 and 12 for maintenance of a canal beneath
these lots. Such easement shall be marked on the lots themselves on the final plat
to serve as notice to potential buyers.
General Comments
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDNISION / (PP-02-018)
1. Submit a copy of the Ada County Street Name Committee's approval letter for
the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
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% shall 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 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.
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. The ditches to be piped
shall be shown on the site plans. Plans shall 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.
B. Adopt the Recommendations of ACRD as follows:
Site Specific Conditions of Approval
Dedicate 45 feet ofright-of--way from the centerline of Linder 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. Provide a $11,200.00 deposit to the Public Rights-of--Way Trust Fund for the cost
of constructing 5 foot wide concrete sidewalk on Linder Road abutting the parcel
(approximately 560 feet) prior to the issuance of a building permit, or District
approval of a final plat, whichever occurs first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIIvIINARY PLAT
TULLY COVE SUBDNISION / (PP-02-018)
3. Unless otherwise approved by District staff, construct Lonesome Dove Street,
from the west property line to Blue Springs Avenue, Tully Cove Way, Blue
Springs Court, and Blue Springs Avenue as local roadways with a 36 foot street
section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-
way as proposed.
4. Except for the intersection of Raincrest Drive and Lonesome Dove street, which
maybe constructed with approximately 107 feet between centerlines, all local
streets within the subdivision shall align or offset a minimum of 125 feet from
any proposed public street (centerline to centerline).
The residential tumazounds should be constructed to provide a minimum turning
radius of 45 feet. The Applicant should 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 should be constructed a minimum of 4 feet wide to
total a minimum of a 100 square foot area. Dedicate 50 feet ofright-of--way plus
the additional width of the median.
6. Connect to the existing stub street that was approved with the Turtle Creek
Subdivision (located on the south side of this site) as proposed. The street,
Lonesome Dove Street, shall be extended into this site. Coordinate the design
and construction of any bulb-outs in Lonesome Dove Street with District staff.
Close the existing driveway on Linder Road, located approximately 140 feet
north of the south property line, with landscaping, berming, temporary cubing, or
other ACRD approved method to prohibit access to the driveway.
8. All 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 fmal plat.
9. If the Highway District establishes an extraordinary impact fee area for the North
Meridian Area, Tully Cove Subdivision maybe subject to an extraordinary
impact fee.
10. No direct lot access to Linder Road is proposed and none is approved with this
application. Direct lot or pazcel access to Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the fmal plat.
11. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDIVISION / (PP-02-018)
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 maybe
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 Standazds 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 387-6190 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDIVISION / (PP-02-018)
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
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.
C. 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 of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart.
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 taming radius of 28' 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. The streets with the 29' street
section shall have parking restricted to one side.
6. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7. Set the nose of the landscape island at Tully Cove Way and Blue Springs Dr.
back 15' to the southwest to enable longer wheelbase vehicles to negotiate the
turn. Post no parking in front of Block 1 Lot 19 & 20.
8. Establish a "No Parking Zone" on Blue Springs Court in front of Block 1 Lots 8,
9, 10, 11, 12, 13, 14, and 15 to enable longer wheelbase vehicles to negotiate the
court.
D. Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use change/site application.
2. All laterals and waste ways must be protected and all municipal surface drainage
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDNISION / (PP-02-018)
must be retained on site. If any surface drainage leaves the site, the Nampa &
Meridian Irrigation District must review drainage plans. The developer must
comply with Idaho Code §31-3805. It is recommended that irrigation water be
made available to all developments within the Nampa & Meridian Irrigation
District.
E. Adopt the Recommendations of Settler's Irrigation District as follows:
1. The Settlers Canal is currently tiled along the northern boundary of the property.
The the and easement must be protected.
F. Adopt the Recommendations of the Central District Health Department as
follows:
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 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.
G. Adopt the Recommendations of the Sanitary Service as follows:
1. The application is approved for publicly maintained curbside street collection
only. Sanitary Service trucks cannot do collection onto private drives or lanes.
2. Please provide curbside residential collection for lots with two (2) dwellings.
/~ ~~`
By action of the City Council at its regular meeting held on the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDNISION / (PP-02-018) 10
day of /~~~~~''~ ~ ,2002.
ROLL CALL
COUNCILMAN BII2D
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER) ~/~~~,oy
~.
VOTED~~
VOTED_`~~
VOTED
VOTED-,6~
VOTED
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
By Dated
ity Clerk
Z:\WorMM\MeridianlMeridian i5360M\Tully Cove Sub AZ02-021 PP02-018\FfClsOrdPP.doc
~~~~" ~ ~ p~~~i
~~~ ~,
~~,0~~9 T
~`r" F6
~~;'YO~~'~T Est . ~~o~~ ```;
I ,r! R`*\
'. '9 ~P
~~''~+nres;~ lts ~s' ~' ' ~
//-2o-OZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TULLY COVE SUBDNISION / (PP-02-018)
11