HomeMy WebLinkAboutBurney Glen Sub PP 02-025
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 01/28/03
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR BURNEY GLEN )
SUBDIVISION FOR 119 BUILDING )
LOTS AND 12 OTHER LOTS ON )
35.94 ACRES LOCATED ON THE )
EAST SIDE OF NORTH MERIDIAN )
ROAD AND NORTH OF EAST )
USTICK ROAD, MERIDIAN, )
IDAHO )
)
BY: PROPERTIES WEST, INC., )
APPLICANT )
)
Case No. PP-02-025
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 January 28, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, Daren Fluke, and John Barnes, appeared and testified, and the City Council having
received a report from David McKinnon Planner II for Planning and Zoning, 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 "BURNEY GLEN SUBDIVISON
MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT NW1I4, SEC. 31, T.4.N.,
R.l.E., B.M., ADA COUNTY, IDAHO, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY:
GAL, PROJECT NO. 11842, SHEET 1I0F 5, HANDWRITTEN DATE: 1-6-03,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 1
F:\ProjectManagers\GAL\1 1842\1 I 842-Dra\dwg\1 I 842pp l.dwg, PROPERTIES WEST, INC.-
OWNERlDEVELOPER, J-U-B ENGINEERS, INC. - ENGINEER", Properties West, Inc.
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 Amended
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
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code S 11-7-2 D]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. It is determined that Urban 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
BURNEY GLEN SUBDIVISION 1 (pP-02-025) 2
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 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: "BURNEY GLEN SUBDIVISON MERIDIAN, ADA
COUNTY, IDAHO, PRELIMINARY PLAT NW1/4, SEC. 31, T.4.N., R.l.E., B.M., ADA
COUNTY, IDAHO, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT
NO. 11842, SHEET 1I0F 5, HANDWRITTEN DATE: 1-6-03,
F:\ProjectManagers\GAL\1 1842\1 I 842-Dra\dwg\1 I 842ppl.dwg, PROPERTIES WEST, INC.-
OWNERlDEVELOPER, J-U-B ENGINEERS, INC. - ENGINEER".
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 "BURNEY GLEN
SUBDIVISON MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT NW1I4, SEC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 3
31, T.4.N., R.l.E., B.M., ADA COUNTY, IDAHO, DRAWN BY: EL, DESIGN BY: BAP,
CHECKED BY: GAL, PROJECT NO. 11842, SHEET 1I0F 5, HANDWRITTEN DATE: 1-6-
03, F:\ProjectManagers\GAL\1 1842\1 I 842-Dra\dwg\1 I 842ppl.dwg, PROPERTIES WEST,
INC. - OWNERlDEVELOPER, J-U-B ENGINEERS, INC. - ENGINEER", Properties West,
Inc. Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special RecommendationslNotations of the Planning and Zoning
Commission as follows:
1. The revised plat has changed from the 117 building lots and 15 other lots to
119 building lots and 12 other lots.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
Site Specific Comments 1 Preliminary Plat
I. Sanitary sewer and water service to this site shall be via main line extensions from
existing mains adj acent to the property.
2. Applicant shall submit ground water monitoring data to the Public Works
Department covering the period from the initial investigation to the present.
3. Applicant will be responsible to construct the sewer and water mains to and through
this proposed development, thereby making them available to adjacent properties,
including N. Meridian Road. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
4. The applicant has indicated that a pressurized irrigation system within this
development will be owned and maintained by the Settler's Irrigation District.
Revise the plat to show how the system is going to be served (i.e. connection to
an existing system, or independent pumping facilities) Underground vear-round
pressurized irrigation must 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION 1 (PP-02-025) 4
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 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.
5. 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.
6. Add or revise the following preliminary plat notes:
(14.) Add a note to the face of the plat restricting direct lot access to
Meridian Road unless specifically permitted by ACHD and the
City of Meridian.
(15.) Add a note to the face ofthe plat that restricts fencing adjacent to
the pathways within the subdivision to being no greater than four
feet in height if solid sight-obscuring material is used for fence
construction.
(16.) Add a note to the face of the plat regarding the "Right to Farm
Act".
(17.) Add a note to the face of the plat to dedicate 10-foot rear yard, and
5-foot side yard easements for public utilities, drainage, and
irrigation.
7. Add pedestrian pathways between Lots 5-6, Block 6 and Lots 17-18 Block 6.
8. Designate on the plat that Lot 2 Block 9 shall only take access tolfrom Donovan
Way and not onto the traffic roundabout.
9. Include a temporary turnaround at north end of Donovan Way. This may be
accomplished in either of the following ways:
(I) Designate one ofthe lots at the north end of Donovan Way as unbuildable-
with a note on the plat-to accommodate the turn-around until the street is
extended.
(2) Secure permission to construct the temporary turn-around on the adjacent
property to the north from the property owner.
10. Revise the side yard setback noted on the face of the plat to reflect 5-foot
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 5
per story.
11. Submit ten (10) copies of a revised plat to the City Clerk's Office for this plat.
General Comments
I. 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, play equipment, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
4. All pathways within the proposed subdivision shall be designed in accordancewith
MCC 12-13-15 "Micropath Landscaping".
5. A detailed landscape plan, in compliance with the landscape ordinance shall be
submitted for the subdivision with the final plat application.
6. Sidewalks within the proposed subdivision shall be built in accordance with
MCCI2-13-1O-8.
7. 250 and 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 light contractor shall obtain
design and permit from the Public Works Department prior commencing
installations.
8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdividedshallbetiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owner's), with written
approval or non-approval submitted to the Public Works Department. If lateral
users association approval can't be obtained, plans will be reviewed and approved
by the meridian City Engineer prior to final plat signature.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 6
9. Submit all updated groundwaterlsoils reports to the Public Works Departmentfor
review. Any drainage areas ( detention/retention basins) must be designed to ensure
that water is retained only during I OO-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. 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.
II. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. Any existing domestic wells and/or septic systems within this project will haveto
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.
13. 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.
14. Applicant's engineer will be required to submit a signed, stamped statement
certitying that all street finish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
C. 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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION 1 (pP-02-025) 7
2. Construct 5-foot concrete sidewalk abutting the site on Meridian Road.
Locate the sidewalk 2-feet within the new right-of-way. lfthe sidewalk
meanders outside of the right-of-way, provide the District with an
easement.
3. Construct West Burney Glenn Drive to intersect North Meridian Road
approximately 250- feet north of the south property line, as proposed.
4. Construct West Fulbam Court to align with West Halpin Drive or offset
the roadway a minimum of 125-feet.
5. Construct Burney Glen Drive as a residential collector from Meridian
Road to Donavan Way, as proposed. Construct this portion of the
roadway as a 36-foot street section with vertical curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way. Direct lot access and
front on housing is prohibited on residential collectors
6. Construct the internal roadways as 36-foot street sections with curb,
gutter and sidewalk within 50-feet of right-of-way, as proposed.
7. Extend West Welford Drive from the east property line approximately
300-feet north of the south property line, as proposed.
8. Extend North Rickerby Way from the south property line approximately
990- feet west of the east property line, as proposed.
9. Extend North Donovan Way from the south property line approximately
490-feet east of the west property line, as proposed.
10. Extend North Kilberry Way from the north property line approximately
740- feet west of the east property line, as proposed.
II. Construct a stub street, North Donavan Way, that extends to the north
property line approximately 650-feet east of the west property line, as
proposed. Construct a temporary turnaround with a sign at the terminus
ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
12. Design the roundabout with 21-foot street sections on either side of the
center island without driveways near or accessing the roundabout.
Dedicate sufficient right-of-way on either side of an island. Coordinate
the size and design ofthe roundabout with traffic services staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 8
13. Construct a left-turn and right-turn deceleration lane on Meridian Road
for traffic turning into the site at the Burney Glenn Drive intersection.
Coordinate the design of the lane with District staff (387-6140).
14. Construct a right-turn deceleration lane on Meridian Road for traffic
turning into the site at the Burney Glenn Drive intersection. Coordinate
the design of the lane with District staff (387-6140).
15. Construct two knuckles without islands within the subdivision, as
proposed.
16. Provide a minimum turning radius of 45-feet for the cu-de-sac
turnarounds.
17. Construct landscape islands on West Burney Glenn Drive and West
Halpin Drive, as proposed. Provide a minimum of21-feet (measured
back-of-curb to back-of-curb) on either side of the island to safely
channel traffic. The island shall be owned and maintained by a
homeowners association. Notes of this are required on the final plat.
18. The applicant shall enter into a development agreement with ACHD that
outlines right-of-way acquisition, costs, timing and payment; and shall
also include an agreement that this development shall be subject to any
extraordinary impact fee, LID or other funding source established by the
District to improve the surrounding roadways; or shall be subject to the
development's proportionate share of surrounding roadway improvements
as established by the applicant's traffic impact study.
19. Other than the access points specifically approved with this application,
direct lot access to Meridian Road and Burney Glen Drive is prohibited.
These restrictions shall be noted on the final Plat.
20. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION 1 (pP-02-025) 9
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.
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 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 10
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
subj ect 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 a duration of2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix IlI-
A
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. The phasing plan may require that any roadway greater than 150' in
length that is not provided with an outlet shall be required to have a turn
around.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 ofthe Uniform Fire Code.
7. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
8. A minimum of two points of access will be required for any portion of the
project, which serves more than 50 homes. UFC 902.2.1. The Planning and
Zoning Commission further recommends approval of the proposed Phase I
(51 building lots) to be constructed with a single point of access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 11
9. The roadways shall be built to Ada County Highway Standards and shall have
a clear driving surface, available at all times, which is 20' wide. This may
affect the landscape islands in Block 8 Lot I, Block 11 Lot I, Block 13 Lot I,
Block 5 Lot I, they may have to be posted ''No Parking Fire Lane". UFC
902.2
10. Building setbacks shall be per the Building Code for one and two story
construction.
E. Adopt the Recommendations of Settler's Irrigation District as follows:
1. All irrigation and drainage facilitiesleasements will need to be protected
that are effected by this project. The facility involved is the Starkey
Lateral which courses along the north and east boundaries of the property.
A license agreement needs to be in place prior to construction.
2. All storm drainage must be retained on-site.
3. Plan reviewlinspection fees shall be paid prior to any approvals.
4. The developer has indicated that SID will own, operate, and maintain the
pressure irrigation system. An agreement needs to be in place prior to the
pre-construction meeting.
F. Adopt the Recommendations of Central District Health Department as follows:
I. This proposal can be approved after written approval from appropriate
entities are submitted.
2. 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.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
5. The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025) 12
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
G. Additionally, adopt the action of the City Council taken at their January 28,2003
meeting as follows:
I. The fence height on all of the rear yards that abut the open green space
shall be restricted to 42 inches in height, which restriction shall appear on
the plat.
2. The applicant shall be required to include a pathway on the northern side
of the open space, going from east to west, and connect the pathway to
each of the roads on the far eastern side and to the western roundabout.
By action of the City Council at its regular meeting held on the
day of 1:R6rucur; ,2003.
ROLLCALL
'!~
I -
COUNCILMAN BIRD
VOTED a6kn-t-
COUNCILWOMAN deWEERD
VOTED ~
COUNCILWOMAN McCANDLESS
VOTED ~t<.-
COUNCILMAN NARY
VOTED tjC_a-
MAYOR ROBERT D. CORRIE
(TIE BREAKER) ~
VOTED -
Copy served upon Applicant, The Planning and Zoning Department, Public Wo$s''''''./J/J/'I
Department and City Attorney. ""\~ Of Mi::RIO';;,"!!!
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A ~'a ol'.?Of/-'l7; ?.,;.
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By: ~~~f)v. Dated: Z-/:J-t73! "'AL ~
City Clerk ~"1'. ~ ff
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
BURNEY GLEN SUBDIVISION / (pP-02-025)
13