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HomeMy WebLinkAboutLakes at Cherry Lane No. 10 PP-01-013BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/08/01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 10 SUBDIVISION, LOCATED AT THE NWl/4, SECTION 3, T.3N., R. IW., MERIDIAN, IDAHO BY: STEINER DEVELOPMENT, INC., APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-OI-O13 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 August 8, 2001, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having received a report from Steve Siddoway, Planner for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III for Public Works, and the City Council having received as part of the record of this matter the reconunendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT, THE LAKE AT CHERRY LANE NO. 10 SUBDIVISION, A PORTION OF THE NW 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BM., MERIDIAN, ADA COUNTY, IDAHO, DWG FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAKES AT CHERRY LANE NO. 10 / (PP-01-013) 1 DATE: 04/18/01, DWG. NO. LCL10-PRE, SHEET 1 OF 1 PRE, x&C10PRE. MEM, STAMPED DATE: APR 20 2001, BRIGGS ENGINEERING, INC.", 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 2Use 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] 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 devdopment within the City's Capital Improvement Program and if the conditions which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAIrdgS AT CHERRYLANE NO. 10/(PP-01-O13) . 2 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 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, THE LAKE AT CHERRY LANE NO. 10 SUBDIVISION, A PORTION OF THE NW 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/18/01, DWG. NO. LCL10-PRE, SHEET 1 OF 1 PRE, \LC10PRE. MEM, STAMPED DATE: APR 20 2001, BRIGGS ENGINEERING, INC.". 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAIr, ES AT CHERRY LANE NO. 10 / (PP-OI-O13) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by" PRELIMINARY PLAT, THE LAKE AT CHERRY LANE NO. 10 SUBDIVISION, A PORTION OF THE NW 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BM., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 04/18/01, DWG. NO. LCLiO- PRE, SHEET 1 OF 1 PRE, \LC10PRE. MEM, STAMPED DATE: APR 20 2001, BRIGGS ENGINEERING, INC." is hereby conditionally approved; and 2. The condirions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1. Provide detailed landscape and fencing plan for review and approval with submittal of final plat application. A letter of credit or cash will be required for the improvements prior to signature on the final plat. (If there is already an approved landscape plan on the plat, then this recommendation shall not be required.) 2. Sanitary sewer and water services to this site will be from existing services. 3. All street signs, road base, street lights, pressurized irrigation systems, domestic water system (activated fire hydrants), and fencing, if required, are to be installed prior to obtaining building permits. 4. 100-watt, high pressure sodium streetlights will be required at locations designated by the Public Works Department. Ail streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Applicant has indicated that the pressurized irrigation system within this development is to be a continuation of the existing system owned and maintained by the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAIr. ES AT CHERRY LANE NO. 10/(PP-01-013) 4 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 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. Any existing domestic wells and/or septic system 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. Five-foot-wide sidewalls and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.IC Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 10. Coordinate fire hydrant placement with the City of Meridian Public WorLs Department. 11. Submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. Adopt the Central District Health Department Recommendations as follows: 12. After written approval from appropriate entities are submitted, we can approve this for central sewage and central water. 13. The following plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 14. Run-off is not to create a mosquito breeding problem. 15. Stormwater Criteria: It is recommended that storm water be pre-treated through gassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAIr-ES AT CHERRYLANE NO. 10/(PP-O1-013) - 5 management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Storm~vater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Ada County Highway District Recommendations as follows: 16. Construct Teter Street as a 37-foot street section with curb, gutter and 5- foot wide concrete sidewalks within 50-feet of right-of-way. 17. Construct Harbor Point Drive as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 18. Construct White Oak Way as a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 19. Construct a traffic island at the northwest comer o£ Teter Street and White Oak Way in the knudde to define the roadway. The traffic island shall be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and the street section around the traffic islands shall be a minimum of 29-feet back-to-back. The design should be reviewed and approved by the ACHD Pla~ming and Development staff. 20. Utility street cuts in new 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. 21. On October 21, 1998, the ACHD acted on Lake at Cherry Lane #8/MPP- 12-98. The conditions and requirements also apply to MPP01-013. 22. Applicant shall comply with all of ACHD's Standard Requirements listed in their letter dated May 30, 2001. Adopt the City of Meridian Fire Department Recommendations as follows: 23. May not park vehicles, trailers, or equipment in cul-de-sac. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAKES AT CHERRY LANE NO. 10/(PP-O1-013) 6 24. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code §31-3805. By action of the City Council at its regular meeting held on the 2/' ~day of 2OOl. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD COUNCILWOMAN deWEERD VOTED VOTED COUNCILWOMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE B REAICER) ~ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney ,. /ae .,~ O'~ City Clerk ' [ / ~ t ,~PA NTS40 PD~ER~R ~Worlc~eri~an~e~di~ 15360~HFO~ NO. 6 PP01-00.~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE LAI(ES AT CHERRY LANE NO. 10/(PP-O1-013) 7