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HomeMy WebLinkAboutCedar Springs North PP 02-027 RECEIVED MAR 0 5 2003 City Of Meridian City Clerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR CEDAR SPRINGS NORTH SUBDIVISION FOR 197 BUILDING LOTS AND 33 OTHER LOTS ON 81.54 ACRES LOCATED ON THE SOUTH SIDE OF W. McMILLAN ROAD, Y. MILE WEST OF N. MERIDIAN ROAD, MERIDIAN, IDAHO BY: HOWELL-MURDOCH DEVELOPMENT CORPORATION, APPLICANT CIC 02/25/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-027 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 February 25,2003, and David McKinnon Planner II for the Planning and Zoning Department, Darin Fluke, and Kevin Howell, appeared and testified, and the City Council having received a report from Steve Siddoway Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Conncil 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 "CEDAR SRINGS NORTH SUBDIVISON MERIDIAN, ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 1 COUNTY, IDAHO, PRELIMINARY PLAT, DRAWN BY: EL. DESIGN BY: BAP, CHECKEDBY: GAL, PROJECT NO. 11846, SHEET 1 OF 8, REVISED 01/07/03 PER P&Z COMMENTS ON 01/02/03, HANDWRITTEN DATE: 2-11-03, OWNER-DEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS, INC.", Howell- Murdoch Development Corporation - 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 and L-O is before the Council, and requires connection to the Muuicipal Water and Sewer System. [Meridian City Code S 11-7-2 D and Gj 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 2 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 for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or enviromnental 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 ofthe preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein desiguated as: "CEDAR SRINGS NORTH SUBDIVISON MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKEDBY: GAL, PROJECT NO. 11846, SHEET 1 OF 8, REVISED 01/07/03 PER P&Z COMMENTS ON 01/02/03, HANDWRITTEN DATE: 2-11-03, OWNER-DEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS, INC.". 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "CEDAR SRINGS NORTH SUBDIVISON MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKEDBY: GAL, PROJECT NO. 11846, SHEET 1 OF 8, REVISED 01/07/03 PER P&Z COMMENTS ON 01/02/03, HANDWRITTEN DATE: 2-11-03, OWNER-DEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORP., J-U-B ENGINEERS, INC.", Howell-Murdoch Development Corporation - Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant shall either add one stub street connecting Black Rock Drive to Lot 18, Block 13 so that the future single-family attached phase is connected to the single-family detached phases of the project or provide access to Lot 18, Block 13 via McMillian Road. All other stubs are recommended as proposed and approved by ACHD. 2. The applicant shall be allowed to let the Settlers Canal and the White Drain remain untiled. B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: Site Specific Comments I Preliminary Plat 1. Sanitary sewer service to this site shall be via main line extensions from the newly installed White Drain Trunk. This development shall be subject to sanitary sewer latecomer fees to reimburse the City for extending sewer service into the area. The latecomer fees for each lot shall be due and payable upon siguature on final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 4 2. Domestic water service to this site shall be via main line extensions from mains being installed adj acent to the property. 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. Subdivision desiguer to coordinate main sizing and routing with the Public Works Department. 4. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settler's Irrigation District. Revise the plat to show how the system is going to be served (ie 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 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 siguature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upon application of the final plat. Permanent perimeter shall be required around the subdivision unless the City agrees in writing that such a fence is not required. 6. In accordance with MCC 12-13-10-8, Applicant shall provide detached sidewalks adjacent to McMillan Road. 7. If depth to groundwater becomes an issue in this subdivision and DEQ, or other regulatory agency, requires impermeable surfacing in the storm water detention areas, such areas shall not be counted toward the required open space calculation. 8. Unless a waiver is granted by Council, the applicant shall be responsible to tile all irrigation ditches, laterals, and canals per MCC 12-4-13.1. 9. Additional micro-paths shall be depicted on the landscape plan and constructed between Lots 14 & 15, Block 12 and between Lots 4, 5 & 6 Block 6. A detailed landscape plan will be required with any application for Final Plat. Note: The Landscape Plan does not show any sidewalks, but sidewalks shall be required, per Site Specific Comment #6 and General Comment #6 of this report. 10. Applicant shall submit ground water monitoring data to the Public Works FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 5 Department from the date of the initial investigation (9/29/00), to current. 11. Add or revise the following preliminary plat notes: . Add a note to the face of the plat limiting solid fencing adjacent to micro-path lots to no more than four (4) feet in height per the Meridian Landscape Ordinance. . Add a note the face ofthe plat regarding the dedication and maintenance ofLotl Block 1, Lot 1 Block2, Lots I & 10 Block 3, Lot 29 Block7 and Lot 19 Block 13. 12. Lot Dimensions: Lot line dimensions for parts of Lot II Block 13, Lots 6,7, and 8 Block 12, Lots 4 and 5 Block 7 and Lot 16 Block 6 are missing from the plat and must be added to the revised preliminary plat. Furthermore, Lot 22 Block, 12 does not meet the minimum lot frontage requirement for lots on a cul-de-sac (40') and shall be revised to meet the minimum requirements of the MCC for lot frontage. 13. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office for this application. GENERAL COMMENTS 1. Submit a copy ofthe Ada Connty 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 siguature on the final plat. 4. All pathways within the proposed subdivision shall be designed in accordance with 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 fmal plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 7. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 6 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 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 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. 9. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-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. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 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 certifying that all street [mish centerline elevations are set a minimum ofthree feet above the highest established normal groundwater elevation. C. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTIf SUBDMSION / (pP-02-027) 7 Site Specific Conditions of Approval 1. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct North Summit Way as a collector. Construct North Summit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of2I-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480-feet north ofthe south property line, as proposed. Staff is supportive of this location. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct West Stone Pond Drive to the west property line approximately 830- feet south ofthe north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend North Portage Avenue from the south property line approximately 400-feet west ofthe east property line, as proposed. 8. Extend North Rhodes Avenue from the south property line approximately 100-feet east of the west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately 170-feet north of the south property line, as proposed. 10. Extend West White Sands Drive to the west property line approximately 1,170- feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTIf SUBDIVISION I (pP-02-027) 8 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. 13. Construct a roundabout on North Sununit Way approximately 500-feet south of McMillan Road, as proposed. Design the roundabout with a 21- foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Construct a shared driveway to be located on North Sununit Way approximately 260-feet south of McMillan Road, as proposed. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 16. 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. 17. Other than the access points specifically approved with this application, direct lot access to McMillan Road and North Sununit Way is prohibited. These restrictions shall be noted on the final Plat. 18. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTIf SUBDMSION I (pP-02-027) 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 oId 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 DlGLINE (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 10 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. One and two family dwellings will require a fITe-flow of 1,000 gallons per minute available for duration of 2 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. Final Approval of the fITe 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 of28' 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. UFC902.2.l 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 15 Lot 1, they may have to be posted ''No Parking Fire Lane". UFC 902.2 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTH SUBDIVISION I (pP-02-027) 11 10. Building setbacks shall be per the Building Code for one and two story construction. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of70,000 pounds will be required to access the project from McMillan Road. The road will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. E. Adopt the Recommendation of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. F. Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses t1rrough the northern part of the property, and the Settlers Canal courses along the north boundary. 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. 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. G. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application is required by the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTIf SUBDIVISION I (pP-02-027) 12 H. 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-offis 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 forstormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1. Adopt the action of the City Council taken at their February 25,2003 meeting as follows: I. The applicant shall submit a Plan to the Planning and Zoning Department for their approval and which Plan shall show what type of amenities shall be placed upon the open spaces. By action of the City Council at its regular meeting held on the day of ma-,.cJ-- , 2003. III!::- ROLL CALL COUNCILMAN BIRD VOTED~ COUNCILWOMAN deWEERD VOTED ~ VOTED~ COUNCIL WOMAN McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTIf SUBDIVISION / (pP-02-027) 13 COUNCILMAN NARY VOTED ~ MAYORROBERTD.~.. . (TIE BREAKER) - ",'IIUUUIi'11 Copy served upon Applicant, The Planning and Zoning Department, Public,,~',:ld' Mf:~111111 ~~...~~ ~~..q..~'" De:2t and City Attorney. ~'o~ . "JI ~ .:- J;... ~ BY' . ~P.~I r;. Dated: $-IZ-03! 'Q \ CIty Clerk = = Z:\Work\M\Meridian\Meridian15360M\CedarSprings North Sub AZ-02"()28 PP-02..Q27\Fft:ls0rdPP.doc ~ , .,,~_ ....#, j \~ ~""S"l' -1'/ '" o.......,-~. ~ ", ~"'I....-vtIffr'(. "" ..../.., \\\ .'.Ih~ f.HUn VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS NORTIf SUBDIVISION I (pP-02-027) 14