HomeMy WebLinkAboutLocust Grove Place PP 02-026BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/18/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR LOCUST GROVE
PLACE SUBDIVISION FOR 74
BUILDING LOTS AND 11 OTHER
LOTS ON 11.76 ACRES LOCATED
WEST OF NORTH LOCUST
GROVE AND SOUTH OF EAST
FAIRVIEW AVENUE, MERIDIAN,
IDAHO
Case No. PP-02-026
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: WARDLE & ASSOCIATES,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on February 18, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, Jon Wardle and Lee Centers; appeared and testified, and the City Council having
received a report from Wendy Kirkpatrick Planner II for the Planning and Zoning, and Bruce
Freckleton, Engineering Technician III, and the City Council havingYeceived 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 FOR: LOCUST
GROVE PLACE SUBDNISION A PART OF THE NE'/<, SEC. 7, T 3 N, R 1 E, B.M.,
MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13, 2003, EARL
& ASSOCIATES, INC. -SURVEYORS, ENGINEERS & PLANNERS, L.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDNISION / (PP-02-026)
DEVELOPMENT, INC. -LEE CENTERS -DEVELOPER", L.C. DEVELOPMENT, INC. -
LEE CENTERS, 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 § 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 R-40 and C-C, and requires connection to the Municipal Water and
Sewer System. [Meridian City Code § 11-7-2 F and I]
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 hnprovement Program and if the conditions, which are requested by the Planning
and Zoning Deparhnent and the Engineering Technician DI, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDMSION / (PP-02-026) 2
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.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT FOR: LOCUST GROVE PLACE
SUBDIVISION A PART OF THE NE'/<, SEC. 7, T 3 N, R 1 E, B.M., MERIDIAN, ADA
COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13, 2003, EARL & ASSOCIATES,
INC. -SURVEYORS, ENGINEERS & PLANNERS, L.C. DEVELOPMENT, INC. -LEE
CENTERS-DEVELOPER".
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:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
FOR: LOCUST GROVE PLACE SUBDIVISION A PART OF THE NE '/<, SEC. 7, T 3 N, R 1
E, B.M., MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13,
2003, EARL & ASSOCIATES, INC. -SURVEYORS, ENGINEERS & PLANNERS, L.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDIVISION / (PP-02-026)
DEVELOPMENT, INC. -LEE CENTERS -DEVELOPER", L.C. Development, Inc. -Lee
Centers. Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning & Zoning Commission as follows:
1. The proposed design is approved, tiling the Settler's Canal (also known as the
Flume Canal), and leaving the Jackson Drain untiled, with a pathway along the
north side of the property that shall match the pathway constructed in the Penn
Station project. The proposed pathway shall be concrete or asphalt to match the
rest of the pathway. The City further requires that the paved pathway be deeded
to the City, at which time the City will accept maintenance of the pathway.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
(as modified by the Planning and Zoning Commission) as follows:
SITE SPECIFIC COMMENTS /PRELIMINARY PLAT
1. The proposed five foot (5') reduction in the required buffer between land
uses resulting in a proposed fifteen foot (IS') buffer between the office uses and
residential uses is approved. The buffer shall be landscaped in accordance with the
City's Landscape Ordinance.
2. Meridian City Fire has recommended that parking be allowed on only one
side of the subdivision streets to ensure that the subdivision has adequate emergency
vehicle access. The revised plat depicts the side that has the restricted parking.
3. Across-access easement between the two commercial lots is depicted on the
plat and noted in the plat notes.
4. Lot 41, B lock 1 w ill b e c onstrxcted a s a five f oot (5') setback lot line
building on the west side of the property.
5. A detailed fencing plan shall be submitted upon application of the final plat.
Fencing adjacent to Lot 40 shall be no taller than four feet (4') in height. 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. Added or revised are the following notations on the preliminary plat notes:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDMSION / (PP-02-026) 4
(1.) The corrected plat note lists the setbacks; the rear setback shall be
15' excepting the lots adjacent to the common lot on the north; Lots
2-12 shall be allowed to have thirteen foot (13') rear setback. Per
12-6-SA-2 ofthe MCC a reduction in rear setbacks is not allowed at
the periphery of a Planned Development.
(2.) Added is a note to the face of the plat indicating that the Home Owners
Association shall be responsible for the maintenance of the common lots.
(3.) Added is a note to the face of the plat restricting direct lot access to
Locust Grove unless specifically permitted by ACHD and the City of
Meridian.
(4.) Added is a note to the face of the plat that requires any re-subdivision of
this plat to be in compliance with the most recently approved subdivision
standards of the City of Meridian.
(5.) Added is a note to the face of the 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.
7. Ten (10) copies of the revised plat have been submitted to the City
Clerk's Office for this plat.
8. Several existing ditches/drains traverse through the proposed subdivision,
however it is not clear on the preliminary plat map how these
ditches/drains will be addressed. The revised plat shows routing/piping
information.
9. The corrected preliminary plat map shows how Lots 59 and 60 will
provide sanitary sewer and water service.
10. The reconfigured access to Lot 13 shows it is to be a shared driveway for
lots 13 and 15. This can all be part of the common lot 14, with a cross
access easement over that portion being used fro access to these two lots.
A blanket sanitary sewer and water easement would also be required for
the benefit of the City of Meridian.
11. Sanitary sewer service is via extension of an existing main installed as
part of the Penn Station project. Water service to this site shall be via
main line extensions from the existing mains adjacent to the property in
Locust Grove Road, N. Scrivner Avenue, and the Penn Station project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDMSION / (PP-02-026)
Applicant shall be responsible to construct the sewer and water mains to
and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
12. Any drainage azeas (detention/retentionbasfns) shall be designed to
ensure that water is retained only during100-year storm events, and for a
period of time not to exceed 24 hours, in accordance with the
requirements of the city of meridian and DEQ. Side slopes within
drainage azeas shall not exceed 3:1.
GENERAL COMMENTS
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.
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% shall be required for
all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat. Trust funding shall not be accepted for
the proposed sidewalks.
4. All pathways within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping".
5. A detailed landscape plan, incompliance 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
MCC12-13-10-8.
7. 250 and 100-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. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDNISION / (PP-02-026)
8. Submit all updated groundwater/soils reports to the Public Works
Department for review. Any drainage areas (detention/retention basins) shall 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.
9. Any tree over 4" in caliper t hat i s r emoved from the p roperty s hall b e
replaced by installing additional trees, being the equivalent number of caliper inches
of trees that were removed. Required landscaping trees shall not be considered as
replacement trees for those trees that have to be removed.
10. Developer shall coordinate mailbox locations with the Meridian Post Office.
11. Remove any existing domestic wells and/or septic systems within this
project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells maybe used for non-domestic purposes such as landscape irrigation.
12. Compaction test results shall be submitted to the Meridian Building
Department for all building pads receiving engineered backfill, where footing would
sit atop fill material.
13. Applicant's engineer shall be required to submit a signed, stamped statement
certifying that all street fmish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
C. Adopt the Recommendations of ACRD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove
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 fmal 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 #196), if funds are available.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDIVISION / (PP-02-026) 7
2. Either provide an $8,800.00 Public Right's-of--Way Road Trust deposit
for the construction of 5-foot concrete sidewalk abutting the site (approximately
440-feet) prior to issuance of a building permit, or District approval of a final
plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove
Road abutting the site. The sidewallc shall be located 2-feet within the new right-
of-way and at the correct vertical difference from the center of the road (see
District staff). Coordinate the location and design of the sidewalk with District
Design staff (387-6225). If the sidewalk is constructed outside of the right-of-
way, the applicant must provide an easement.
3. Construct Drucker Street to intersect Locust Grove Road approximately
120-feet north of the south property line, as proposed. Pave Drucker Street a
minimum of 24-feet wide and at least 30-feet into the site beyond the edge of
pavement of Locust Grove Road and install pavement tapers with 15-foot radii
abutting the existing roadway edge. The applicant shall provide a plan showing
how the private road grade meets the public road. District Policy requires a
design approach speed of 20 MPH and a maximum intersection approach grade
of 2% for at least 40-feet.
4. Construct Locust View Street to intersect Locust Grove Road
approximately 100-feet south of the north property line, as proposed. Pave Locust
View Street a minimum of 24-feet wide and at least 30-feet into the site beyond
the edge of pavement of Locust Grove Road and install pavement tapers with 15-
foot radii abutting the existing roadway edge. The applicant shall provide a plan
showing how the private road grade meets the public road. District Policy
requires a design approach speed of 20 MPH and a maximum intersection
approach grade of 2% for at least 40-feet.
5. The applicant shall provide the District with a copy of a recorded cross
access easement for the parcels within the development to use the private roads
within the development for access to the public street system.
6. Other than the private streets approved with this application, direct lot or
parcel access to Locust Grove Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
7. 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
LOCUST GROVE PLACE SUBDIVISION / (PP-02-026)
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 yeazs 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 aze 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELINIINARY PLAT
LOCUST GROVE PLACE SUBDIVISION / (PP-02-026) 9
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.
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.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. The project which is comprised ofone and two family dwellings will require a
fire-flow of 1,000 gallons per minute and shall be available for duration of 2 hours to
service the entire project. Fire hydrants shall be placed an average of400' apart. 1997
UFC Appendix III-A.
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire
Depamnent. The proposed fire hydrant locations will be submitted to Public Works
for plan review.
5. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside.
6. The roadways shall be built to Ada County Highway Standazds. LTFC 902.2.1
7. An approved tum-around is required for any dead-ends over 150' in the
commercial area.
8. On street parking shall be restricted to one side on all sheets to provide a nm~imum
of a 20' cleaz driving surface available at all times.
9. Commercial occupancies will require afire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
LOCUST GROVE PLACE SUBDIVISION / (PP-02-026) 10
400' apart. 1997 UFC Appendix III-A.
10. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
11. All access roads within the project shall have cleaz driving surface with a
minimum width of 20' available at all times. The typical street width of 34' will be
allowed to have parking on both sides. The typical street with a minimum width of
29' will be required to have restricted parking to only one side. UFC 902.2.2.1.
E. Adopt the Recommendations of Settlers Irrigation District as follows:
1. All irrigation and drainage facilities/easements will need to be protected
that are effected by this project. The facility involved is the Settlers Canal that
courses near the northern boundary of the property just south of the Jackson
Drain. This canal will require tiling with reinforced concrete pipe according to
SID specifications. A license agreement needs to be in place prior to
construction.
2. All storm drainage must be retained on-site.
3. Plan review/inspection fees shall be paid prior to any approvals.
4. If this development wishes to have SID own, operate, and maintain the
pressure irrigation system an agreement needs to be in place prior to
construction.
5. An imgation diversion facility is provided for this development located
near the east boundary of the Penn Station Apartments.
F. Adopt the Recommendations of Nampa & Meridian Irrigation District as
follows:
1. The Nampa & Meridian Irrigation District requires that a Land Use
Change/Site application be filed.
G. Adopt the Recommendations of the Central District Health Department as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
LOCUST GROVE PLACE SUBDIVISION / (PP-02-026) 11
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.
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
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
H. Adopt the action of the City Council taken at their February 18, 2003 meeting as
follows:
For clarification, all of the lots that are along the pathway that extends
from Penn Station from the east to Locust Grove shall have the restriction
that the fencing shall be consistent with the fencing plan submitted, and
that the fencing shall not be more than a four foot solid fence or a six foot
semi-private open fencing type - (e.g. lattice on the upper two feet along
the pathway is allowed if vision is not unduly restricted).
2. That the Applicant has requested a change from the apartment complex to
a townhouse development for this project.
By action of the City Council at its regular meeting held on the 4~~`
day of {YI~LGirL. , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED_iJ~
COUNCILWOMAN deWEERD VOTED_~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
LOCUST GROVE PLACE SUBDNISION / (PP-02-026)
12
COUNCILWOMAN McCANDLESS VOTED_ (/
COUNCILMAN NARY VOTED~u--
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
By: ~/°' ~
City Clerk
3- 6-03
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
LOCUST GROVE PLACE SUBDIVISION / (PP-02-026)
13