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HomeMy WebLinkAboutSalmon Rapids No. 5 PP 02-020 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 12/03/02 Revised 12/31/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SALMON RAPIDS NO. ) 5, LOCATED NORTH OF E. ) VICTORY ROAD AND WEST OF S. ) LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) BY: FARWEST,LLC, ) ) APPLICANT ) ) Case No. PP-02-020 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 3, 2002, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Becky Bowcutt, Gary Smith Director of the Public Works Department, Clark Pope, and Mr. White, 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 ill, 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 SALMON RAPIDS SUBDIVISION NO.5, LOCATED IN THE SE Y. OF SECTION 19, T.3N., R. IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 08/14/02, DWG NO. 20106, REVISION: 10/23102 BY: BKB AND 11126102 BY: BKB AND A STAMP DATE: RECEIVED NOV 27 2002 CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (PP-02-020) I MERIDIAN CITY CLERK OFFICE, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, SHEET: I OF I PRE, \20106-PRE.DWG BKB, FARWEST, LLC- DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS EINGINEERING, INC.", Farwest, LLC 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 I. 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 defmed 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 requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C] 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (pP-02-020) 2 City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Interim Director and the Engineering Technician ill and as proposed by the developer as stated on the preliminary plat there will be public fmancial capability of supporting services 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 SALMON RAPIDS SUBDMSION NO.5, LOCATED IN THE SE Y. OF SECTION 19, T.3N., R. lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 08/14/02, DWG NO. 20106, REVISION: 10/23/02 BY: BKB AND 11126102 BY: BKB AND A STAMP DATE: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, SHEET: I OF I PRE, \20106-PRE.DWG BKB, FARWEST, LLC - DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS EINGINEERING, INC." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (PP-02-020) 3 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: IT IS HEREBY ORDERED AND THIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SALMON RAPIDS SUBDIVISION NO.5, LOCATED IN THE SE Y. OF SECTION 19, T.3N., R. lE., 80M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 08/14/02, DWG NO. 20106, REVISION: I 0/23/02 BY: BKB AND 11126/02 BY: BKB AND A STAMP DATE: RECEIVED NOV 27 2002 CITY OF MERIDIAN CITY CLERK OFFICE, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, SHEET: I OF I PRE, \20106- PRE.DWG BKB, FARWEST, LLC - DEVELOPER, BECKY BOWCUTT - PLANNER, BRIGGS EINGINEERING, INC.", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning & Zoning Commission as follows: 1. Applicant shall submit a Master Grading and Drainage Plan for the subdivision with the application for Final Plat. 2. Add a note to the plat stating: All buildings and improvements upon all lots in this subdivision shall comply with the Master Grading and Drainage Plan on file with the Meridian Public Works and Building Department. 3. Any fill on Lot 51, Block 2 and Lot 10, Block 9 shall be required to meet existing grade at the property line of existing adjacent lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (PP-02-020) 4 4. City potable water may not be used as the primary irrigation water supply for the subdivision. The irrigation water source must be determined and submitted with the application for Final Plat. 5. Applicant shall give two (2) weeks notice to the owners of Lot 50 Block 2, and any other affected lots, prior to digging up the sewer line. 6. Applicant shall provide a temporary mailbox for any affected lot owners during sewer construction. 7. Add a note to the face of the plat stating that all front setbacks adj acent to detached sidewalks shall be measured from the back of sidewalk. 8. Prior to issuance of a building permit for any new dwelling unit, a licensed engineer shall certify compliance with the approved Master Grading & Drainage Plan for this subdivision. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: Site Specific Requirements I. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. The existing pressure irrigation system is owned and maintained by Nampa & Meridian Irrigation District. The applicant and his engineer have been consulting with the District concerning the existing problems with the pressure system. It has been determined that the best course of action would be an upgrade of the panels and pumps in the existing pump station. This would provide capacity to the system which would allow the inclusion of Salmon Rapids No.5. This would also enhance the existing system. Revise the plat to show how the system is going to be served (i.e. connection to the existing Salmon Rapids Subdivision's system, or independent pumping facilities) Underground vear-round pressurized irrigation must be provided FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (PP-02-020) 5 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 counection is utilized, the developer shall be responsible for the payment of 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. The fencing within the landscape buffer shall be removed. 4. Any tree over 4" in caliper that i s removed from the property shall b e 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 have either been added or revised on the preliminary plat notes: (1.) Anv re-subdivision of this plat shall be in compliance with the most recentlv approved subdivision standards of the City of Meridian. (2.) Add a note indicating who is responsible for the maintenance ofthe proposed common lots. (3.) Add the standard plat note concerning the "Right to Farm Act". 6. Any drainage areas (detension/retension basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (pP-02-020) 6 Lot 19, Block 8 doesn't meet the minimum 80- foot frontage required in the R-4 Zone, and Lot 20, Block 8 doesn't meet the minimum 80-foot frontage on the E. Lake Creek Drive frontage. Place an arrow on Lot 20, Block 8 pointing towards S. Pine Bar Place, indicating the front of the house. General Comments I. Please submit a copy of the Ada County Street Name Committee's approval letter forthe 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 II 0% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. 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. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association ( ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. 100-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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (pP-02-020) 7 light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian's W ater Works Superintendent. 11. The applicant has proposed four foot (4') detached sidewalks within the subdivision. The applicant shall comply with ACHD requirements for placing sidewalks outside of the proposed right-of-way. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Extend Lake Creek Street and Pine Bar Way as 36-foot street sections with curbs, gutters, and S-foot landscape area with 4-foot detached sidewalks within SO-feet of right-of-way. 2. Stub Pine Bar Way to the south property line as proposed on the preliminary plat (approximately I 36-feet southeast of the west property line). The temporary turnaround should be constructed to provide a minimum turning radius of 4S-feet. Submit a design of the turnaround for review and approval by District staff. OR 3. Construct a stub street to the south property line between lot 10 and lot II rather than stubbing Pine Bar Way to the south property line. Maintains a minimum of 12S-foot offset (measured centerline to centerline) between local residential roadways. If the roadway is greater than ISO-feet in depth, provide a temporary turnaround at the terminus ofthe roadway. Submit a design ofthe turnaround for review and approval by District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO. S 1 (PP-02-020) 8 The applicant should be required to 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 of the turnaround (if necessary) with District staff 4. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (PP-02-020) 9 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call mGLINE (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 planned use of the subject property unless a waiverlvariance 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. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (PP-02-020) 10 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 E. Adopt the Recommendation of the Nampa & Meridian Irrigation District. I. Applicant shall apply for a land use changelsite 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 931-380S. F. Adopt the Recommendations of the Central District Health Department as follows: I. 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 of the City Council taken at their December 3, 2002 meeting as follows: I. Pertaining to the master grading and drainage plan they shall be required to be noted on the Final Plat, placed in the restrictive covenants, and listed with the Building Department so that when the lots are sold the information would be on file, and then compared with the approved grading so that it is in compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO. S 1 (pP-02-020) II By action ofthe City Council at its regular meeting held on the 11~ day of lJ.u'iNY\..-\rUv , 2002. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED 'CG VOTED~ VOTED fH:J~t COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY - MAYOR ROBERT D. CORRIE VOTED (TIEBREAKER) 12.-1l-0~ tvlotiO'Y\... Ap-(.Yl)~ ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. B~~~/~' City Clerk Dated: Z:\Work\M\Meridian\Meridian 15360M\SaImon Rapids NO.5 PP02-o20IFtclsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SALMON RAPIDS NO.5 1 (PP-02-020) 12