HomeMy WebLinkAboutStaten Park Subdivision PP-01-012BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/17/01
IN THE MATTER OF THE )
REQUEST FOR pRELIMINARY )
PLAT FOR STATEN PARK. )
SUBDIVISION, LOCATED AT )
THE SOUTHEAST CORNER OF )
N. BLACK CAT ROAD AND W.
USTICK ROAD, MERIDIAN,
IDAHO
BY: D'ALESSIO BUILDING &
DEVELOPMENT, INC.,
APPLICANT
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Case No. PP-OI-O12
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter corning on regularly for public hearing before the
City Council on July 3,2001 and continued tmtil July 17,2001, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing was the
Applicant, Dan D'Alessio, and no one appeared in opposition, and the City Council
having received a report from David McKinnon, Planner for Planning and Zoning,
and Bruce Frecldeton, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION/(PP-OI-OI2)
"PRELIMINARY PLAT FOR: STATEN PARK SUBDIVISION, APRIL 2001,
DESCRIPTION: A PORTION OF GOVERNMENT LOT 4, OF SECTION 3, T3N,
R1W, BM., MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO
BUILDING DEVELOPMENT, JOB NUMBER: 00281.001, Cad File:
PRELIMINARY.DWG, DESIGNED BY: K.S., DRAWN BY: M.D.H., CHECKED
BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET NUMBER I, LEAVITT &
ASSOCIATES ENGINEERS, INC., ENGINEERS, D'ALESSIO BUILDING &
DEVELOPMENT, 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 § 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 defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned Low Density Residential District (R-
4), and requires connection to the Municipal Water and Sewer System. [Meridian
City Code § 11-7-2 C]
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION / (PP-01-012)
2
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
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 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: "PRELIMINARY PLAT FOR: STATEN
PARK SUBDIVISION, APRIL 2001', DESCRIPTION: A PORTION OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION/(PP-01-012)
3
GOVERNMENT LOT 4, OF SECTION 3, T3N, R1W, BM., MERIDIAN, ADA
COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING DEVELOPMENT, JOB
NUMBER: 00281.001, Cad File: PKELIMINARY. DWG, DESIGNED BY: K.S.,
DRAWN BY: M.D.H., CHECKED BY: J.R.L., DELIVERY DATE: 3/28/01, SHEET
NUMBER 1, LEAVITT &ASSOCIATES ENGINEERS, INC., ENGINEERS,
D'ALESSIO BUILDING & DEVELOPMENT, INC., 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
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY
PLAT FOR: STATEN PARK SUBDIVISION, APRIL 2001, DESCRIPTION: A
PORTION OF GOVERNMENT LOT 4, OF SECTION 3, T3N, R1W, BM.,
MERIDIAN, ADA COUNTY, IDAHO, CLIENT: D'ALESSIO BUILDING
DEVELOPMENT, JOB NUMBER: 00281.001, Cad File: PRELIMINARY.DWG,
DESIGNED BY: ICS., DRAWN BY: M.D.H., CHECKED BY: J.R.L, DELIVERY
DATE: 3/28/01, SHEET NUMBER 1, LEAVITT &ASSOCIATES ENGINEERS,
INC., ENGINEERS, D'ALESSIO BUILDING & DEVELOPMENT, INC.,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION / (PP-01-012)
4
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 as follows:
Obtain a letter from the Ada County Street Name Committee,
approving the subdivision and street names.
Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
Sanitary sewer to this site shall be via extensions from mains proposed
to be installed in the adjacent phases of Wilkins Ranch Subdivision.
Water service to this site shall be via extensions from existing mains in
Ustick Road. Subdivision designer to coordinate main sizing oa~d
routing with the Public Works Department. The lots within this
development shall be subject to applicable latecomer fees.
Two-hundred-fifty and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public WorLs Department.
All streetlights shall be installed at developer's expense. Typical
locations are at street intersections and/or fire hydrants.
The Planning and Zoning Commission supports the development
features of the subdivision, including the walking path adjacent to Eight
Mile Lateral. Deed restrictions shall be required for all lots adjacent to
the pathway to limit the height of fencing to no more than four feet
high. Fencing within 20 feet of rights-of-way may not exceed three feet
in height.
Applicant shall be responsible to construct permanent perimeter fencing,
except where the City has expressly agreed, in writing, that such fencing
is not necessary. Fencing is to be in place prior to applying for building
permits.
7. Five percent (5%) common open space is required per City Ordinance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION / (PP-01-012)
5
12-13-16. The Planning and Zoning Commission believes the proposed
plat conforms to this requirement. However, no caIculations were
submitted with the application. The applicant shall verify the actual
area provided.
A detailed landscape plan for the common areas, including fencing
locations, pathways and types of construction, shall be submitted for
review and approval with the submittal of the final plat. The plan shall
include sizes and species of trees, shrubs, berming/swale details, and all
proposed ground cover/treatment. No fencing shall be permitted within
the landscape buffers. A letter of credit or cash surety in the amount of
110% shall be required for all fencing, landscaping, pressurized
irrigation, sanitary sewer, water, etc., prior to signature on the final plat.
In accordance with City Ordinance 12-13-8-1, underground year-round
pressurized irrigation shall be provided to all common lm~dscape areas
on site. Applicant shall be required to utilize any existing surface or
well water for the primary source. If City water is proposed as a
secondary source, developer shall be responsible to pay water
assessments for the common landscaped areas. Applicant shall submit
irrigation performance specifications in compliance with Ordinance 12-
13-8-2 when applying for a Final Plat. Applicant has not indicated
whether the pressurized irrigation system within this development is to
be owned and maintained by an association or the Nampa & Meridian
Irrigation District. If the system is being proposed as a private system,
plans and specifications for the irrigation system shall be reviewed by
the Public Works Department as part of the development plan review
process.
10.
The soils investigation report submitted with the application indicates
that groundwater was encountered at some fairly shallow depths within
the project site (approximately 5.5 feet deep). Design engineer to
provide a statement of compliance, prior to the approval of development
plans, that certifies that the centerline finish grade of the streets, public
or private, is at least three feet above the established normal ground
water elevation. This is an effort to ensure that the building footings
are at least one foot above the high groundwater.
11. Submit compaction test results to the Meridian Building Department
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION/(PP-01-012
6
for any lots receiving engineered fill material.
12.
Submit a complete application for the variance for the requested
reduction in minimum block length per section 12-4-5 of the Meridian
City Code. The variance shall be approved prior to City Council action
on the preliminary plat.
13.
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. The ditches to be
piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to tire Public Works
Department. The Eight Mile Lateral shall not be required to be tiled.
14.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
15.
Five-foot-wide sidewalks and pedestrian wallcvvays shall be provided in
accordance with City Ordinance Section 12-5-2.K.
16.
Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1, 3, 4 and 6
only meet this requirement on one side and shall require directional
arrows indicating where the front of house shall be oriented. Frontage
for corner lots is determined by taldng the line length plus one-half of
the chamfer length. Cul-de-sac lots shall have a minimum chord length
of 40 feet.
Adopt the Recommendations of the Ada County Highway District as follows:
17.
Dedicate 48-feet of right-of-way from the centerline of Ustick Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION/(PP-01-012)
7
18.
19.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the
parcel located 2-feet within the new right-of-way. Coordinate the
location and elevation with District staff.
20.
21.
22.
23.
Any irrigation facilities shall be relocated outside of the new right-of-
way on Ustick Road.
All above-groined utilities and other obstructions shall be relocated
behind the required sidewalk unless specifically approved by
Development Services.
Construct Sunnyside Road off of Ustick Road located to align or offset a
minimum of 125-feet from any existing or proposed streets.
Ail streets within the subdivision shall be located to align or offset a
minimum of 125-feet from centerline to centerline.
24.
Extend Campfire Street into the site at the east property line from the
Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11,
Block 3.
25.
Stub Coalfield Road to the undeveloped parcel west of the site, between
Lot I, Block 3 and Lot 6, Block 1, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
street with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION/(PP-01-012)
8
26. Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-
feet of right-of-way.
27. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
28. 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 of this shall be required on the final plat.
29. Other than the public street specifically approved with this application,
direct lot or parcel access to Ustick Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Meridian Fire Department as follows:
30. No parking of vehides or trailers in cul-de-sac.
31. All roads shall be installed before building is started with appropriate
street name signs.
32. Applicants shall satisfy all fire code requirements.
Adopt the Recommendations of Central District Health Department as
follows:
33. The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
34. Run-off is not to create a mosquito breeding problem.
35. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
36. The Engineers and architects involved with the design of the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION/(PP-01-O12)
9
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
37.
The Nampa & Meridian Irrigation District's Eight Mile Lateral courses
along the south boundary of the proposed project. Any encroachments
within the District's easement without approved plans and written
approval are unacceptable.
Additionally, the Applicant shall be required to comply with the City
Council's action taken at their Tuesday, July 17, 2001 meeting as follows:
day of
38.
~f~he City Council
,2001.
ROLL CALL
Pertaining to the issue over fencing around the pathway, the pathway
which runs along the Eight Mile Lateral shall be required to have a 4'
solid wood fence on the edge of the easement, and on the back lot line
of the subdivision lots that abut up to the Eight Mile Lateral along the
pathway, and induding the lots which are on the east side of the
subdivision. Additionally, the lot owners of the lots that are on the
east side of the subdivision shall be allowed to install fencing along the
pathway, and the fencing shall be subject to design approval from the
Planning and Zoning Administrator, and additionally, the design shall
be in compliance and conformance with the City's fence and landscape
ordinances.
at its regular meeting held on the ~ ~
COUNCILMAN ANDERSON
VOTED
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK SUBDIVISION / (PP-01-012)
10
COUNCILWOMAN McCANDLESS VOTED
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKZR)
Copy served upon Ap~ing and Zoning DC~epa~tTm.,e,,~,i,..,,,,,,,,
Public Works De artment and City AttomeV
By: ~~/~ff~ ¢ Dated
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STATEN PARK. SUBDIVISION/(PP-01-012)
11