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HomeMy WebLinkAboutWoodbridge Sub PP Findings REOErv.er~ MAR 3 a 2000 Cl'rY OF m~IDIAN ~~' BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN ~:::II ,~ ,,~ ~ ,~ ~.. IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR WOODBRIDGE SUBDIVISION, WOODBRIDGE COMMUNITY, LLC APPLICANT. ,_ ::+i.\..'. ~ 03-29-00 ) ) ) -" ) ,-, ) ) ) ) ) Case No, PP-OO-003 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 March 7, 2000, and was continued until March 21,2000, and Steve Siddoway, Assistant Planner for the Planning and Zoning Department, and Gary Smith, Public Works Director, appeared and testified, and on behalf of the Applicant was Derek O'Niell, who appeared and testified, and appearing and testifying with '-. comments was: Reese McMillan, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Shari Stiles, Planning and Zoning Administrator, and an additional report received from Bruce Freckleton, Assistant City Engineer, 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 tile applicant having submitted the Preliminary Plat described as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT. WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - it o.urj~ ~ ~ tj ,. "WOODBRIDGE - PHASE 1, PRELIMINARY PLAT, MERIDIAN, IDAHO, DATE: I: 12/29/99, PROJECT 98048, SHEET 1 OF 1, AND STAMPED ON 1/3/00, DESIGNED: BSS, RC, DRAWN: RC, IEB, BY: TOOTHMAN-ORTON ~ ENGINEERING COMPANY, CONSULTING ENGINEERS, SURVEYORS AND PLANNERS, for WOODBRIDGE COMMUNITY, LLC, 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 flefined 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 (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 Urban Services can be made available to . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 2 1,'1); >ii ~. '-,!{I ,. accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The pro~osed 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 Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as propps ed, 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 Zoaing 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: "WOODBRIDGE - PHASE 1, PRELIMINARY PLAT, MERIDIAN, IDAHO, DATE: 12/29/99, PROJECT 98048, " SHEET 1 OF 1, AND STAMPED ON 1/3/00, DESIGNED: BSS, RC, DRAWN: RC, IEB, BY: TOOTHMAN-ORTON ENGINEERING COMPANY, CONSULTING ENGINEERS, SURVEYORS AND PLANNERS, for WOODBRIDGE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 3 '-l " " ... COMMUNITY, LLC, DEVELOPER." (0 i\1 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 1. The Preliminary Plat of the applicant as evidenced by the "WOODBRIDGE - PHASE 1, PRELIMINARY PLAT, MERIDIAN, IDAHO, DATE: 12/29199, PROJECT 98048, SHEET 1 OF 1, AND STAMPED ON 1/3/00, DESIGNED: BSS, RC, DRAWN: RC, IEB, BY: TOOTHMAN-ORTON ENGINEERING COMPANY, CONSULTING ENGINEERS, SURVEYORS AND PLANNERS, for WOODBRIDGE COMMUNITY, LLC, DEVELOPER ," is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations from their February 2, 2000, letter, and additionally incorporating the Recommendations for modifications from the Assistant City Engineer in his 03/21/00 letter as follows: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, 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, with written confirmation of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 4 Hllit! !!1 '" 2.2 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. 2.3 Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. ~ 2.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2.5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. I 2.6 Sanitary sewer service to this site will be via the existing trunk main that traverses through the development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Installation of a sewer line in Locust Grove will be required so as to provide service to adjacent property through this development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the roadway centerline. Applicant shall.also be required to extend an eight- inch sanitary sewer in a 20-foot-Wide easement somewhere in the vicinity of Lots 83 arid. 84, Block 6 to provide sewer access to an isolated portion of the adjacent Locust View Heights Subdivision. Applicant to include a note on his development plans to retain and protect the all- weather gravel access to the City of Meridian's Five Mile Creek Sanitary Sewer Trunk Line in accordance with the provisions of the recorded sanitary sewer easement. 2. 7 Water service to this site will be via extensions of the existing main in Locust Grove Road from it's intersection with Central Drive, or from it's intersection with Franklin Road, Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. IX.:- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 5 ~~ ~, ~..~ '" 2.8 Developer shall indicate any existing ditch easements on the preliminary plat map. The boundaries of the Five Mile Creek easement need to be defined. Five Mile Creek and the defined wetland tributary of Five Mile Creek are excluded from the piping requirement. Any deviation from this requirement is subject to obtainiflg a variance from the City Council. . 2.9 Applicant shall coordinate with the Public works department to designate the design and locations for two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights. All streetlights shall be installed at subdivider's expense. Typical locations include but are not limited to street intersections and/or fire hydrants. 2.10 Detention ponds shall be designed such that accumulated water is disposed of per the requirements of the City of Meridian and the Ada County Highway District. 2.11 A perimeter fencing plan, and detailed landscape plan for Locust Grove . Road as well as a typical landscape plan for pedestrian pathways, wetland areas, stormwater retention ponds, and street landscape islands shall be submitted for review and approval by staff with the final plant application. Perimeter fencing shall be installed prior to obtaining building permits. ;;.; 2.12 Add a note that all finish floor elevations are to be a minimum of 12 mches above the highest established normal groundwater elevation. 2.13 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian for the clubhouse portion of the development. In addition to these assessments, "Late Comers" fees for sewer, and possibly water, will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. This applicant may submit a written request to the City Clerk's office for the City to enter into a Late Comers Agreement for those portions of Sanitary sewer and water mains that they will be installing as part of their project that will benefit other lands. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 6 o,t ~ " ~ 2.14 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system (H.O.A.), plans and specifications for the irrigation system 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 be supplied by a year-round source of water. If a creek or well source is not 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 final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments as determined by the City Engineer for the entire common open area. Staff shall work with the applicant to determine the common area irrigation assessments. 2.15 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. 2.16 Several lots on the preliminary plat map indicate that they are within the IOO-year floodplain. The preliminary subsurface evaluation report prepared by Strata, Inc., dated June 28, 1999, states on page 5 under Opinions and Recommendations, "We recommend that residential development be restricted to areas outside the I OO-year floodplain." Several of these lots are also impacted by wetlands. Please provide plans and applicable agency approvals for any modirications to the floodplain and wetlands areas. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by filling. . 2.17 Applicant shall comply with all provisions of City Ordinance Section II-II pertaining to the Floodplain Overlay District. Conditions that may be required by the Commission in approving the use of structures in a Floodplay Overlay Zone shall include: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 7 ~ :; ~ A. B. C. ~: D. '" E. F. '" Limitations on periods of use and operation; Imposition of deed restrictions; Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; Requirement for construction of channel modifications, dikes, levees and other protective measures; Placement of survey be!\,chmarks; and Floodproofing measures: The evaluation of the effect on a proposed use in the floodway' and flooqway fringe areas causing increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the Commission in making any decision. 2.18 The conditional use permit approved for this project includes a multiple use pathway along Five Mile Creek. This pathway is proposed to be public at such time as adjacent properties are developed, extending the pathway. The City of Meridian shall work with applicant to secure a license agreement with the Nampa & Meridian Irrigation District for a pathway along the Five Mile Creek. Said agreement shall be between O'Neil Enterprises, Inc. and the Nampa and Meridian Irrigation District. If required by the Nampa and Meridian Irrigation District, the applicant shall be required to provide liability insurance for the pathway until such time as it becomes part of a larger public pathway system. If and when the pathway is deeded to the City as part of a larger public pathway system, the City would then assume liability and main tenance responsibilities. .. 2.19 This project is subject to all terms of the development agreement and conditional use permit as approved by the Meridian City Council. ;: Adopt the Meridian Fire Department's Recommendations as follows: 2.20 Applicants shall satisfy all fire code requirements including those FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 8 ~~ "'~ '? ~ pertaining to water flow and fire hydrants. 2.21 Common areas will need to be kept clean of trash and weeds. ~ 2.23 All roads to flag lots shall be posted with "no parking" signs and all vehicles, trailers, equipment etc. shall be prohibited from parking in those areas. 2.24 All roads will be installed before building is started with appropriate s~reet name signs. ~ 2.25 Only one way in or out. Adopt the Recommendations of the Central District Health Department as follows: 2.26 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. 2.27 Run-off is not to create a mosquito breeding problem. ',~; 2.28 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. II 2.29 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. By a~tion of the City Council at its regular meeting held on the 1/l day of .~ ,2000. BY:!Z,U ;/ ~ ROBERT D. CORRlE Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ", ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 9 ;oJ: ~ ~ ~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY:~~ff~ Ity Clerk' . . Dated: -{JO i. msglZ:\ W ork\M\tvleridian 15360M\ Woodbridge Community\FfClsOrd,PP .. i<'! (iP: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT- WOODBRIDGE COMMUNITY, LLC FOR WOODBRIDGE SUBDIVISION (PP-OO-003) - 1m