HomeMy WebLinkAboutDevon Park PP 02-034
RECEIVED
MAR 2 6 2003
CITY OF MERIDIAN
CITY CLERK OFF!CF
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 03/18/03
03/25/03
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR DEVON PARK )
SUBDIVISION, LOCATED )
APPROXIMATELY 14.31 ACRES IN )
SIZE AND IS GENERALLY )
LOCATED ON THE NORTH SIDE )
OF E. FAIRVIEW AVENUE, )
APPROXIMATELY Y, MILE EAST )
OF N. MERIDIAN ROAD, )
MERIDIAN, IDAHO )
)
BY: TAMURA & ASSOCIATES, )
)
APPLICANT )
)
Case No. PP-02-034
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 March 18,2003, and continued until March 25,2003, and Brad Hawkins-Clark Interim
Director for the Planning and Zoning Department, Doug Tamura, Christy Richardson, and Randy
Hopkins, appeared and testified, and the City Council having received a report from David
McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician ill, and the City Council 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 revised plat "PRELIMINARY PLAT OF DEVON PARK
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION 1 (PP-02-034) I
SUBDNISION A PARCEL LAND LOCATED IN THE SOUTHWEST Y. OF THE
SOUTHEAST Y. OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE
MERIDIAN, ADA COUNTY, IDHAO. 2002, DEVON PARK SUBDNISION PRELIMINARY
PLAT MERIDIAN, IDAHO, DESIGNED DD, PROJECT 02-129, FILE NO. 02 1 29PR2, DATE
12-09-02, SHEET S-l, REVISIONS: ADD UTILITY SERVICES 12/09/2002 GNA,
OWNERlDEVELOPER F AIRVIEW LAKES, LLC, TREASURE V ALLEY ENGINEERS
CIVIL/STRUCTURAL ENGINEERING", Tamura & Associates 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 Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defmed in the Meridian
Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis amended
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned C-N and C-G, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code S 11-7-2 H and K]
2. The preliminary plat is in conformance with the amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION 1 (PP-02-034) 2
3. It is determined that public 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 Interim Director and the Engineering Technician ill 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 ofthe 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 desiguated as: "PRELIMINARY PLAT OF DEVON PARK
SUBDNISION A PARCEL LAND LOCATED IN THE SOUTHWEST Y. OF THE
SOUTHEAST Y. OF SECTION 6, TOWNSHIP 3 NORTH, RANGE I EAST OF THE BOISE
MERIDIAN, ADA COUNTY, IDHAO. 2002, DEVON PARK SUBDIVISION.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION 1 (PP-02-034) 3
PRELIMINARY PLAT MERIDIAN, IDAHO, DESIGNED DD, PROJECT 02-129, FILE NO.
02129PR2, DATE 12-09-02, SHEET S-l, REVISIONS: ADD UTILITY SERVICES
12/09/2002 GNA, OWNERlDEVELOPER FAIRVIEW LAKES, LLC, TREASURE VALLEY
ENGINEERS CIVILISTRUCTURAL ENGINEERING".
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
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
OF DEVON PARK SUBDIVISION A PARCEL LAND LOCATED IN THE SOUTHWEST Y4
OF THE SOUTHEAST Y. OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE
BOISE MERIDIAN, ADA COUNTY, IDHAO. 2002, DEVON PARK SUBDNISION
PRELIMINARY PLAT MERIDIAN, IDAHO, DESIGNED DD, PROJECT 02-129, FILE NO.
02129PR2, DATE 12-09-02, SHEET S-l, REVISIONS: ADD UTILITY SERVICES
12/09/2002 GNA, OWNERlDEVELOPER FAIRVIEW LAKES, LLC, TREASURE V ALLEY
ENGINEERS CIVIL/STRUCTURAL ENGINEERING", 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. Additional landscaping shall be added to the landscape buffer ofthe lots
adjacent to the southern terminus of Teare Avenue.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION 1 (PP-02-034) 4
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS / PRELIMINARY PLAT
1. Sanitary sewer and water service to this site shall be via main line extension
from the existing mains adjacent to the property. Subdivision designer to coordinate
main sizing and routing with the Public Works Department.
2. The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by The Nampa & Meridian Irrigation
District, however the preliminary plat map doesn't indicate the source. Revise the
plat to show how the system is going to be served (ie connection to the existing
Settlers Park Subdivision's 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.
3. A revised and detailed landscape plan shall be submitted with the Final Plat
application. The revised landscape plan shall include the following changes:
A. A ten foot (10') wide landscape buffer shall be provided on all
local streets within the subdivision.
B. No more than twelve (12) parking stalls shall be linearly
arranged without a landscape island containing a minimum of
fifty (50) square feet, containing at least one tree and being at
least five feet (5') wide.
C. The landscape buffer on the western property line where the
property backs up to residential property (the mobile home
park) shall be a minimum of twenty feet (20') wide.
4. Add or revise the following preliminary plat notes:
(10.) Any re-subdivision of this plat shall be in compliance with the most
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION 1 (PP-02-034) 5
recently approved subdivision standards of the City of Meridian.
(11.) The thirty-five foot (35') wide landscape buffer on Fairview Avenue
and the ten foot (10') wide landscape buffers adjacent to the local
streets within the subdivision shall be maintained by the Business
Owners Association.
(12.) All development within this subdivision shall be in accordance with
Conditional Use Permit, file no. CUP-02-014.
5. Any drainage areas (detention/retention basins) must be designed to ensure
that water is retained only during 1 OO-year storm events, and for a period oftime not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1.
6. Water held within the ponds shall be continuously circulated or shall be
treated in another manner to prevent the ponds from becoming stagnant.
7. Applicant shall revise the plat to correct the placement of the arrows
depicting the 35' wide landscape buffer so that they do not include 45' (the extra ten
feet is a right-of-way dedication).
8. A drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must b e designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION / (PP-02-034) 6
Department and the City of Meridian Fire Department.
3. A letter of credit or cash surety in the amount of 110% will be required for
all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the fmal plat.
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 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
5. Developer shall coordinate mailbox locations with the Meridian Post Office.
6. 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 may be used for non-domestic purposes such as landscape irrigation.
7. 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. 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.
9. Applicant's engineer will be required to submit a signed, stamped statement
certifYing that all street finish centerline elevations are set a minimum ofthree feet
above the highest established normal groundwater elevation.
10. Provide five- foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION 1 (pP-02-034) 7
1. Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue
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 ifthe
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).
2. Construct a 5-foot concrete sidewalk on Fairview Avenue located 2-feet
within the new right-of-way. If the sidewalk meanders, the sidewalk shall
meander outside of the right-of-way and the applicant shall provide an easement
for the sidewalk.
3. Construct and install the signal and any related roadway improvements
that are necessary for the proposed signal at the intersection ofFairview Avenue
and the commercial/industrial roadway that extends north into the site.
4. Construct a commercial/industrial roadway that intersects with Fairview
Avenue 310- feet east ofthe west property line, as proposed.
5. Construct the internal roadways as 40-foot street sections with curb,
gutter and 5-foot concrete sidewalk within 54-feet of right-of-way, as proposed.
The portion of the commercial/industrial roadway that connects to Teare Avenue
shall taper appropriately to accommodate for drainage.
6. Construct a 30-foot wide driveway to intersect Fairview Avenue
approximately 240-feet west of the east property line, as proposed.
7. Construct a 30-foot wide driveway to intersect the commerciallindustrial
roadway a minimum of 50-feet north of Fairview Avenue, as proposed.
8. Construct two 25-foot wide driveways to intersect the
commercial/industrial roadway approximately 195-feet north of Fairview
Avenue, as proposed. These driveways shall align with one another.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION 1 (PP-02-034) 8
9. Construct a 22-foot wide driveway to intersect the commercial/industrial
roadway approximately 345-feet north of Fairview Avenue, as proposed.
10. Construct a 22-foot wide driveway to intersect the commercial/industrial
roadway that extends north from Fairview Avenue approximately 580-feet north
of Fairview Avenue, as proposed.
11. Construct a 35-foot wide driveway to extend directly north of the
commercial/industrial roadway and proposed to intersect the northern portion of
the cul-de-sac, as proposed.
12. Construct a 25-foot driveway to intersect the commercial/industrial
roadway that extends from Fairview Avenue north and is proposed to be located
50- feet north of the commercial/industrial roadway that runs east and west, as
proposed.
13. Construct two 30-foot wide driveways to intersect the
commercial/industrial roadway that runs east and west and is proposed to be
located approximately 160-feet east of the commercial/industrial roadway that
extends from Fairview Avenue to the north, as proposed.
14. Pave the driveway its full width and at least 30-feet into the site beyond
the edge of pavement of the roadway and install pavement tapers with IS-foot
radii abutting the existing roadway edge.
15. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-
foot concrete sidewalk within 54-feet of right-of-way, as proposed.
16. Terminate Clarene Street at its current location and construct bollards for
emergency access only, as proposed.
17. Construct a cul-de-sac turnaround at the north end of the
commercial/industrial roadway that extends north from Fairview Avenue. The
cul-de-sac turnaround shall be constructed to provide a minimum turning radius
of 55-feet.
18. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION 1 (PP-02-034) 9
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.
3. Replace any existing damage 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. 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.
5. 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.
6. 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.
7. 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.
8. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION 1 (pP-02-034) 10
9. No change in the terms and conditions ofthis 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.
10. Any change by the applicant in the planned use of the property which is
the subject ofthis 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
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. Commercial occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix ill-A
2. The fire department requests that any future signalization installed as the result
of the development of this project be equipped with Opticom Sensors to ensure a safe
and efficient response by fire and emergency medical service vehicles. This cost of
this installation is to be borne by the developer.
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
Department. The proposed fire hydrant locations will be submitted to the Public
Works for plan review.
5. All roads and fire lanes 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 of the Uniform Fire Code.
7. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. The typical street width of 34' will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION 1 (PP-02-034) 11
allowed to have parking on both sides. The typical street with a minimum width of29'
will be required to have restricted parking to only one side. UFC 902.2.2.1
8. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
9. 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.
10. The proposed 7-10t subdivision will have an unknown transient population
and will have an unknown impact on Meridian Fire Department call volume.
E. Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use changelsite application.
F. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is 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 ofthe subject
project shall obtain current best management practices for stormwater disposal
and design a stormwater management system that prevents groundwater and
surface water degradation.
G. Adopt the Comments of Sanitary Service as follows:
1. No waste enclosure plans were submitted on the Plat Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION 1 (pP-02-034) 12
H. Adopt the action of the City Council taken at their March 25, 2003 meeting as
follows:
I. For clarification, the request to remove the bollards off of the connection
of Teare Avenue for Fairview Lakes is approved, and the bollards shall not be
required so the connection of Teare Avenue and Fairview Lakes maybe
achieved. This is per the Applicant's Miscellaneous Application filed as Case
No. MI-03-003.
By action of the City Council at its regular meeting held on the
day of PpuL ,2003.
ROLL CALL
8-0-
COUNCILMAN BIRD
VOTED ~
VOTED~
VOTED~
VOTED ~~
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED
-
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Z:\Work\M\Meridian\Meridian ISl60M\Devon Park Sub PN12-034\PfCl,OrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION 1 (pP-02-034) 13