HomeMy WebLinkAboutSundance Place PP 02-010
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 10/22/02
Revised 11/26/02
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FORSUNDANCE PLACE )
SUBDIVISION, LOCATED ON THE )
EAST SIDE OF MERIDIAN ROAD, )
Yz MILE NORTH OF USTlCK )
ROAD, MERIDIAN, IDAHO )
)
BY: G. L. VOIGT DEVELOPMENT, )
)
APPLICANT )
)
Case No. PP-02-01O
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
AFPROV AL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on October 22,2002, and Brad Hawkins-Clark of the Planning and Zoning Department,and
Becky Bowcutt, 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 ofthe record of this
matter the recommendation to City Council of the Planning and Zoning Commission and the
applicant having submitted the "PRELIMINARY PLAT SUNDANCE PLACE SUBDMSION,
A PORTION OF THE SW Y. OF SECTION 31, TAN., R,lE, BM., ADA COUNTY, IDAHO,
PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, REVISION
LAST DATE: 10/09/02 BY BKB PER CITY COMMENTS, RECEIVED OCT 11 2002 CITY
OF MERIDIAN CITY CLERK OFFICE, DWG DATE: 10/12/01, DWG NO. 10404, SHEET 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION I (PP-02-01O)
1
OF 1 PRE-I, \10404-PRE.DWG BKB, OWNERS: DAVIDN. BAYLESS AND G. L. VOIGT
DEVELOPMENT, DEVELOPER: G. L. VOIGT DEVELOPMENT, BRIGGS ENGINEERING,
INC.", G. L. Voigt 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
(R-8) Medium Density Residential, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code 9 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 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
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
SUNDANCE PLACE SUBDIVISION I (PP-02-010)
2
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 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 SUNDANCE PLACE
SUBDIVISION, A PORTION OF THE SW Y. OF SECTION 31, TAN., R.IE, BM., ADA
COUNTY, IDAHO, PRELIMINARY DESIGN ONLY NOT APPROVED FOR
CONSTRUCTION, REVISION LAST DATE: 10109/02 BY BKB PER CITY COMMENTS,
RECEIVED OCT 11 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG DATE:
10/12/01, DWG NO. 10404, SHEET 1 OF I PRE-I, \10404-PRE.DWG BKB, OWNERS:
DAVID N. BAYLESS AND G. L. VOIGT DEVELOPMENT, DEVELOPER: G. L. VOIGT
DEVELOPMENT, BRIGGS ENGINEERING, 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION I (PP-02-010)
3
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
SUNDANCE PLACE SUBDMSION, A PORTION OF THE SW Y. OF SECTION 31, TAN.,
R,IE, BM., ADA COUNTY, IDAHO, PRELIMINARY DESIGN ONLY NOT APPROVED
FOR CONSTRUCTION, REVISION LAST DATE: 10/09/02 BY BKB PER CITY
COMMENTS, RECEIVED OCT 11 2002 CITY OF MERIDIAN CITY CLERK OFFICE,
DWG DATE: 10/12101, DWG NO. 10404, SHEET 1 OF 1 PRE-I, \10404-PRE.DWG BKB,
OWNERS: DAVID N. BAYLESS AND G. L. VOIGT DEVELOPMENT, DEVELOPER: G. L.
VOIGT DEVELOPMENT, BRIGGS ENGINEERING, INC.", 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 Comments
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 (Stub
streets, and N. Meridian Road).
2. Underground vear-round pressurized irrigation must be provided to all lots
within this development. If the pressurized irrigation system within this
development is to become a private homeowner's association system, complete
plans and specifications shall be reviewed by the Public Works Department as
part of the development plan review process. A draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval. The
City of Meridian requires that pressurized irrigation systems by 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDMSION 1 (pP-02-010)
4
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 fmal plat by the Meridian city Engineer.
3. A detailed fencing plan shall be submitted upon application of the final plat.
Fencing adjacent to the micro-path shall be constructed by the developer, in
accordance with the Landscape Ordinance (MCC 12-13-15-9). 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.
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. The following additions and/or revisions have been made to the preliminary plat
notes:
(11.) .. .public utility, drainage and irrigation easement adjacent to all side lot
lines inside this subdivision which de F1et freflt a J'laBlie street.
(12.) Unless otherwise designated or dimensioned. all lots shall have a ten (10)
foot public utilities. drainage. and irrigation easement adiacent to all rear lot
lines.
(13.) Lot 5. Block 4 shall be a common area lot for a pedestrian micro-path. to
be owned and maintained bv the Sundance Place Subdivision Homeowner's
Association. Said lot shall also be for the purpose of a sanitary sewer main
corridor with a blanket easement to the City of Meridian.
(14.) All fencing adiacent to the pathwav system and internal open-
space/drainage lots shall be limited to four-feet (4 ') in height if constructed of a
solid. sight obscuring material.
(15.) Direct lot access to Meridian Road shall be prohibited unless specifically
permitted bv ACHD and the City of Meridian.
(16.) Anv re-subdiyision ofthis plat shall be in compliance with the most
recently approved subdivision standards of the Citv of Meridian.
(17.) A not shall be added to the plat stating that this subdivision is subiect to
the terms of the Right to Farm Act pertaining to adiacent agricultural parcels.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION 1 (PP-02-010)
5
6. Eliminate plat note number 9 from the face of the plat and re-number remaining
notes accordingly.
7. The plat has been revised to show the proposed Quenzer Commons Subdivision
(Heritage Commons) on the east side of the proposed Subdivision.
8. The Applicant has provided a phasing plan for the subdivision project.
9. Any drainage areas (detention! retention basins) must be designed to ensure that
water is retained only during 100-year storm events, and for a period of time not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1.
10. A pedestrian pathway has been added to the plat showing Block 5 in the area of
Lots 28 and 35.
11. If phasing of this project should cause development of the eastern portions of the
project before the proposed stub streets are connected, a second access road shall
be provided by the Developer for emergency purposes. Such contingent
emergency access road shall be placed over the existing sewer easement at Block
4, Lot 5 with surfacing of such road to be approved by Meridian Fire
Department.
12. Provide a 10 foot Settlers Irrigation easement along the south side of those lots
which adjoin the relocated and piped Parkins-Nourse Lateral.
General Comments
1. Please 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.
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. All irrigation ditches, laterals or canals, exclusive of natural waterways,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION 1 (PP-02-010)
6
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
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.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 35 feet of right-of-way from the centerline of Meridian 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 730 feet of 5 foot wide detached concrete sidewalk on
Meridian Road located 2 feet within the new right-of-way. Coordinate the
location and elevation ofthe sidewalk with District staff. Ifthe sidewalk
meanders outside of the right-of-way, provide an easement for the sidewalk. The
District will require a license agreement for the landscape strip with the detached
sidewalk. An agreement must be approved prior to scheduling the final plat for
signature. Please contact the Right-of-Way Division at 387-3271 for guidelines.
3. Construct Ashton Street from Meridian Road to Lezana Avenue as a residential
collector street with no front-on housing in alignment with Ashton Lane. District
policy requires that this street segment be constructed as a 36 foot street section
with curb, gutter, and 5 foot wide concrete sidewalks within 50 feet of right- of-
way. Parking shall be prohibited on this street segment. Coordinate the signage
plan with District staff. The access restrictions for this street segment should be
stated on the final plat.
4. Unless otherwise approved by District staff, construct Lezana Avenue, Cornell
Street, Etta Way, Lewiston Avenue, Alester Street, Longabaugh Avenue, Pescado
avenue, Weston Avenue, Cape Cod Way and the segments of Ashton Street that
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION 1 (pP-02-010)
7
are east of Lezana 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.
5, Streets within the subdivision shall align or offset a minimum of 125 feet from
any proposed public street.
6. The residential turnarounds 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 ofa 100 square foot area. Dedicate 54 feet of right-of-way plus
the additional width of the median.
7. Construct a stub street to the property to the north, Etta Way, as proposed 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
with District staff.
8. Construct a stub street to the property to the north, Pescado Avenue, as proposed
and install a sign at the terminus ofthe roadway stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the
stub street with District staff.
9. Construct a stub street to the property to the east, Ashton Street, as proposed and
install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street
with District staff.
10. Connect to the existing stub street that was approved with the Sundance
Subdivision (located to the south of this site) as proposed. The street, Lewiston
A venue, shall be extended into this site.
1 I. Construct a center turn lane on Meridian Road for the main entrance intersection.
The turn lane should 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 lanes with District staff.
12. Construct a right hand deceleration lane on Meridian Road for the main entrance
intersection. Coordinate the design and construction ofthe lane with District
staff.
13. All landscape islandsl medians within the public right-of-way dedicated by this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION / (PP-02-01O)
8
plat shall be owned and maintained by a homeowners association. Notes of this
shall be required on the final plat.
14. If the Highway District establishes an extraordinary impact fee area for the North
Meridian Area, Sundance Place Subdivision may be subject to an extraordinary
impact fee.
15. No direct lot access to Meridian Road is proposed and none is approved with this
application. Direct lot or parcel access to Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
16. 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 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 ofthe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDMSION / (pP-02-010)
9
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-
6 I 90 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.
1 I. 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. That a fire-flow of 1,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of 400' apart.
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 is contingent upon acceptance
of the water system by the City of Meridian for water quality.
4. Final Approval of fire hydrant locations shall be by the Fire Department.
5. All radii shall be 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 with a minimum
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION / (PP-02-010)
10
street width of 36'.
8. A 20' wide second means of access shall be provided on Block 7 or Block 5.
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
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 931-3805. It is recommended that irrigation water be
made available to all developments within the Nampa & Meridian Irrigation
District.
E. Adopt the Recommendations ofthe Settler's Irrigation District as follows:
1. The applicant shall comply with the requirements set forth by Settler's Irrigation
District.
2. A license agreement needs to be signed and recorded prior to construction.
F. Adopt the Recommendations ofthe 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 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 action ofthe City Council taken at their October 22, 2002 meeting as
follows:
1. Since ACHD has changed their condition from their standard 48 feet of right-of-
way dedication to 35 feet, the applicant shall provide additional landscaping on
the remaining I3 feet on Meridian Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDIVISION 1 (PP-02-01O)
11
2. The applicant shall participate in the negotiations with Ada County
Highway District, and shall become a party to any eventual agreernents
worked out by the developer / ACHD Group. Therefore, the Applicant
shall participate in any road infrastructure agreements negotiated with
ACHD and shall faithfully perform the terms of such agreement or
agreements.
3. The applicant shall provide detailed fencing plans, and shall address the concern
ofthe adjacent neighbor, Vemelda Meyer, pertaining to the six foot fencing
being consistent with the her other property boundary six foot fencing.
By action of the City Council at its regular meeting held on the
day of {l/OV~r ,2002.
/9f~
ROLL CALL
COUNCILWOMAN deWEERD
VOTED~
VOTED~
COUNCILMAN BIRD
COUNCILWOMAN McCANDLESS
VOTED~
COUNCILMAN NARY
VOTED~
ByJ~~~~
City Clerk '
MAYOR ROBERT D. C)\~
(TIE BREAKER) ~
Copy served upon Applicant, The Planning and Zoning Department, Public Works ""
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUNDANCE PLACE SUBDMSION 1 (pP-02-010)
12