Findings• 1-
June 15, 2000
MERIDIAN CITY COUNCIL MEETING
APPLICANT
REQUEST
tune 20, 2000
P P 00-009
Gem Star Properties ITEM No. 10
Continued public hearin from June 6, 2000 -Preliminary Plat approval of
78 4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Sub
sw corner of Black Cat and Ustick Roads
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
See Previous Packet & attached
Revised Plat
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BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
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MERIDIAN PLANNING & ZONING MEETING: Mav 9 2000
APPLICANT: GEM STAR PROPERTIES, LLC ITEM NUMBER: 13
REQUEST: PRELIMINARY PLAT OF 275 LOTS ON 78.4 ACRES IN PROPOSED AUTUMN FAIRE
SUBDIVISION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING & ZONING DEPT
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WASTE WATER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
COMMENTS COMING
SEE COMMENTS
ADA COUNTY HIGHWAY DISTRICT: ~e.L 4~ C'o~»~~ti~.vl~
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
SEE COMMENTS
EE COMMENTS ~~ ~~
S
,~
~G
OTHER:
All Materials presented at public meetings shall become properly of the City of Meridian.
•
August 10, 2000
P P 00-009
MERIDIAN CITY COUNCIL MEETING August 15, 2000
APPLICANT Gem Star t~roperties, LLC ITEM NO. 6
REQUEST Request for Preliminary Plat approval of 263 building lots and 12 other
lots on 78.4 acres for proposed Autumn Faire Subdivision - SW coern of Black
Cat and Ustick Roads
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
•
COMMENTS
See attached revised plat
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OTHER:
Contacted: ~T' ~I/~1P~ Date: ~~ ~ Phone: ''I rj4-- a~Lp
Materials presented at public meetings shall become property of the City of Meridian.
• •
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-26-00
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR AUTUMN FAIRE
SUBDIVISION BY GEM STAR
PROPERTIES, LLC
Case No. PP-00-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on June 6, 2000, and continued until June 20, 2000, at the hour of 7:30
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and, the City
Council takes judicial notice of its action of the denial of the application for
annexation and zoning in Case No. AZ-00-009, and the hearing was opened on the
preliminary plat application and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and the Applicant, Dean Langley, appeared and testified, and
appearing and testifying on behalf of the Applicant were: Scott Stanfield and Dave
Mortenson, and appearing and testifying with comments/concerns or in opposition
was: Lorinda Williams, and the City Council based upon its Findings of Fact and
Conclusions of Law and Decision and Order in Case No. AZ-00-009 does hereby
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
GEM STAR PROPERTIES, LLC FOR AUTUMN FAIRE SUBDIVISION
(PP-00-009) - 1
• ~
deny the application for preliminary plat approval.
FINDINGS OF FACT
It is found that the Recommendation To City Council of the Planning
and Zoning`Commission is not reasonable nor appropriate for the conditions of
approval of the preliminary plat due to the denial of the annexation and zoning in
Case No. AZ-00-009.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code Section 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, that based upon
the denial of the annexation and zoning in Case No. AZ-00-009, the Council does
hereby deny the application for preliminary plat approval.
By action of the City Council at its regular meeting held on the 5~ day of
2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED ~'
COUNCILMAN KEITH BIRD
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
GEM STAR PROPERTIES, LLC FOR AUTUMN FAIRE SUBDIVISION
(PP-00-009)
-2
• •
COUNCILPERSON TAMMY DeWEERD VOTED ~'
COUNCILPERSON CHERI McCANDLESS VOTED ~`'
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and City Attorney.
sy:
City Clerk
Dated:
msg/Z:\Work\M\Meridian 15360M\Autumn Faire Sub AZ and PP\FFCLOrdDenyPP
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
GEM STAR PROPERTIES, LLC FOR AUTUMN FAIRE SUBDIVISION
(PP-00-009) - 3
• •
July 13, 2000
P P 00-009
MERIDIAN CITY COUNCIL MEETING JUIy 18, 2000
APPLICANT Gem Star Properties, LLC ITEM NO.
REQUEST Findings -Preliminary Plat approval of 78.4 acres with 263 buildin lots and 12 other
lots for proposed Autumn Faire Subdivision - SW corner of Black Cat and Ustick Roads
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
See attached Findings
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OTHER:
n
Contacted: _ / ' ~, r
~ ~ C,/}~u,,-'l~~Q,(~ Date: ~
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L--~C~, ~ J (y
Phone:
Materlols presented at public meetings shall become property of the City of Meridian.
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WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULtE KI.r:[rt F[SC[1Fx
WM. F. GIGRAY, III
BRFZJ'f J. Jotlr[soN
D.SAMUfl,Jol~rsox
Wal.[AM A. MoRROw
WaL1AM F. Nlcllol.s
CHRISTOPHF72 $. NYE
PFllLIP A. PE1'IItSON
STFPFiEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TmR~c-RR WHITE
200 EAST CARLTON AVENUE
PosT OFFICE Box 1150
MERIDLaN, IDAHO 83680-1150
NAMPA OFFICE
104 NltvTx AvirrGe SovTx
POST OFFICEBOX 247
NAMPA, IDAHO 83653-0247
TEL. 208)466-9272
FAX (~08) 466-04113
To: Staff
A licant
Affected Property Owner(s)
TF1. 208) 288-2499
FAX( 08)288-2501
May 18, 2000
Re: Application Case No. PP-00-009
Hearing Date: dune 6. 2000
PLEASE REPLY TO
MERIDIAN OFFICE
R,~CE~D
MAY 2 3 2000
CITY OF MERIDIAN
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findin s and Recommendations of the Planning and
Zoning Commission shall be presented to the ~ity Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
impportant to have a consistent format by which matters are presented at the public hearings
before the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
prepared to state your position on this application by addressing the
Findings and Recommendations of the Planning and Zoning Commission;
and
2. That you carefullyy complete (be sure it is le 'ble) the Position
Statement if you disa ee with the Findings and~ecommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you pprepare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight ($) copies. The coppies will be
resented to the Mayor, Council, Planning and Zoning Administrator, Public WorZcs and the
~ity Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position
Statement be filled out for the group, wFiich can be signed by the representative for the group.
Very truly yours,
City At orney's O ice
ly/
•
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR AUTUMN FAIRE
SUBDIVISION,
Case No. PP-00-009
RECOMMENDATION TO CITY
COUNCIL
GEM STAR PROPERTIES, LLC.,
Applicant
1. The property is approximately 100.9 acres in size and is generally
located at the southwest corner of Black Cat and Ustick Road in Meridian, Idaho.
2. The owner of record of the subject property is Langley Farms Limited
Partnership of Meridian, Idaho.
3. The Applicant is Gem Star Properties, LLC of Eagle, Idaho.
4. The subject property is currently zoned RT but there is an application
before the City council for annexation and zoning to R-4. The zoning of R-4 is
defined within the City of Meridian's Zoning and Development Ordinance Section
11-7-2C.
5. The proposed site of the subject property is the southwest corner of
Black Cat and Ustick Roads.
6. The subject property is within the city limits of the City of Meridian.
7. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
RECOMMENDATION TO CITY COUNCIL - 1
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
Comprehensive Plan.
8. The Applicant proposes to develop the subject property in the following
manner: as a residential subdivision.
9. -There are no significant or scenic features of major importance that
affect the consideration of this application.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the preliminary plat as
requested by the Applicant for the property described in the application, subject to
the following:
Adopt the Planning and Zoning and Engineering Department Recommendations as
follows:
1.1 Submit letter from the Ada County Street Name Committee, approving
the subdivision and street names. Make any corrections necessary to
conform.
1.2 Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
1.3 Sanitary sewer service to this site will be via extensions from existing
mains adjacent to the proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Worlcs Department.
Sewer manholes are to be provided to keep the sewer lines on the south
and west sides of the centerline.
1.4 Water service to this site will be via extensions from existing mains
adjacent to the proposed development. Applicant will be responsible to
construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
RECOMMENDATION TO CITY COUNCIL - 2
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
• •
Public Works Department. Please provide the Public works department
with information on anticipated fire flow and domestic water
requirements for the proposed site. Water service to this development is
contingent upon positive results from a hydraulic analysis by our
computer model. Flow and pressure from the existing mains should be
monitored with the Meridian Water Department.
1.5 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Worlcs Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
1.6 Underground year-round pressurized irrigation must be provided to all
landscape areas on site. Please submit hook-up and design details based
on the proposed landscaping. Due to the size of landscaped area,
primary water supply connection to the City's mains will not be
allowed. 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 entire common open area.
1.7 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 Worlcs Department as
part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to
plan approval. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If a creek or well
source is not available, asingle-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 signature on the final plat by the Meridian City
Engineer. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area.
1.8 A note shall be added to the plat stating that this subdivision is subject
to the terms of the Right to Farm Act pertaining to adjacent agricultural
RECOMMENDATION TO CITY COUNCIL - 3
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
• •
parcels.
1.9 As shown on the plat, the Ustick and Black Cat landscape buffers shall
be a minimum of 30-feet in width beyond the required ACHD right-of-
way and constructed by the developer as a condition of the plat. Staff
encourages a slight berm and similar treatment as provided in the
Ashford Greens development. The landscape buffer shall be placed in
common separate lots (as shown). Fencing is not to encroach upon these
buffers.
1.10 Detailed landscape plans for the Black Cat and Ustick landscape buffers
and the internal common lots (Lot 10, Block 12, Lot 11, Bloclc 15 and
Lot 11, Block 13) shall be submitted for review and approval with the
Final Plat application. A letter of credit or cash surety will be required
for the improvements prior to City signature on the Final Plat.
1.11 Six-foot-high, solid, perimeter fencing shall be required along the full
western boundary of the subdivision and along the north side of Bloclc
15 (Crossridge St). Submit detailed fencing plans for review and
approval with submittal of the Final Plat. All required fencing is to be in
place prior to issuance of building permits. A letter of credit or cash will
be required for these fences prior to signature on the final plat.
1.12 There are three lots designated on the plat as storm retention areas.
Staff recommends these lots be designed to provide usable open space
for the subdivision residents. The storm retention area should be
designed as such that accumulated water is disposed of within a 24-hour
period.
1.13. ACHD is recommending a vehicular connection be provided to the 1-
acre parcel abutting the north side of Block 1. It is not a requirement
only a recommendation. They are also requiring Stella Court be
extended across Clearwater Way and stubbed to the 2.7 acre parcel
south of the site. Staff supports both of these recommendations.
1.14 Sweetwood Avenue exceeds the City's maximum block length of 1,000
feet. Applicant must either submit a Variance application for the block
length or modify the plat. Staff recommends McNealy Street to the east
be extended across Eveningside Avenue and across Block 10 to improve
the interconnectivity of these blocks and to reduce the block length.
RECOMMENDATION TO CITY COUNCIL - 4
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
• ~
1.15 As noted above in the annexation comments, Staff is concerned about
the dominant R-4 density and lack of diversity of housing types in this
northwest area of the City. We encourage a greater diversity of lot sizes
and possibly a mix of R-4 and R-8 zones in order to allow for a mix of
duplexes, townhomes and single family homes.
1.16 The Planning and Zoning Commission further recommends that the
applicant provide stub streets as per the request of the Ada County
Highway District.
Adopt the Recommendations of the Ada County Highway District as follows:
1.17 1. Dedicate 48-feet of right-of-way from the centerline of Blaclc Cat
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. Allow up to
30 business days to process the right-of-way dedication after receipt of
all requested material. The owner will be compensated for all right-of-
way dedicated as an addition to existing right-of-way from available
impact fee revenues in this benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD Ordinance # 193.
1.18. Dedicate 48-feet of right-of--way from the centerline of Usticlc 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. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner will be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance # 193.
1.19 Construct 5-foot wide concrete sidewalk on Black Cat Road abutting the
parcel. The sidewalk shall be located two feet within the new right-of-
way of Black Cat Road. Coordinate the location and elevation with
District staff.
1.20. Construct 5-foot wide concrete sidewalk on Ustick Road abutting the
RECOMMENDATION TO CITY COUNCIL - 5
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
• ~
parcel. The sidewalk shall be located two feet within the new right-of-
way of Usticlc Road. Coordinate the location and elevation with District
staff.
1.21 Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and S-foot wide concrete sidewalks within 50-
feet of right-of-way.
1.22 Stub Sagewood Street to the west property line approximately 600-feet
south of the north property line 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.
1.23 Do not Stub Autumn Faire to the west properly line.
1.24 Stub Dayside Avenue to the south property line 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.
1.25 Provide a stub street off Clearwater Way to the south property line
located 340-feet west of the east property line, in alignment with Stella
Court. 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.
1.26 Locate Autumn Faire off Black Cat Road to align with Moon Lalce
Drive.
1.27 Locate a public street off Black Cat Road approximately 850-feet north
of the south property line.
1.28 Locate Clearwater Way to align with Talamore Boulevard.
1.29 Locate a public street off Ustick road as proposed approximately 690-
feet west of Blaclc Cat Road.
1.30. Construct turnarounds at the termini of Stella Court, Crossridge Street,
Sagewood Circle and Julia Court. Provide a minimum of a 45-foot
RECOMMENDATION TO CITY COUNCIL - 6
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
• ~
turning radius for the turnarounds. Submit a design of the turnarounds
for review and approval by District staff.
1.31. Construct center turn lanes on Black Cat Road for the three public
street intersections. The turn lanes shall be constructed to provide a
minimum of 100-feet of storage with shadow tapers for the approach
and departure directions. These turn lanes shall be constructed prior to
the issuance of any impact fee certificate in the subdivision. Coordinate
the design of the turn lane with District staff
1.32 Construct a center turn lane on Ustick Road for the proposed public
street intersection. The turn lane shall be constructed to provide a
minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. These turn lanes shall be constructed
prior to the issuance of any impact fee certificate in the subdivision.
Coordinate the design of the turn lane with District staff.
1.33 Utility street cuts in new pavement less than five years old are not
allowed unless approved in writing by the District.
1.34 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
1.35 Provide a note on the final plat stating that the 1.7-acre parcel located
at the southwest corner of the Ustick Road Blaclc Cat Road intersection
will be allowed one right-in/right-out driveway on Blaclc Cat Road and
Ustick Road.
1.34 Other than the access points specifically approved with this application,
direct lot or parcel access to Ustick Road and Black Cat Road are
prohibited. Lot access restrictions, as required with this application,
shall be stated on the final plat.
Adopt the Recommendation of the Fire Department as follows:
1.35. Common areas will need to be kept clean of trash and weeds.
1.36 No parking of vehicles or trailers in cul-de-sac.
RECOMMENDATION TO CITY COUNCIL - 7
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
1.37 All roads will be installed before building is started with appropriate
street name signs.
Adopt the Recommendations of the Central District Health Department as
follows:
1.38 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.
1.39 Run-off is not to create a mosquito breeding problem.
1.40 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.41 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.
Z:\Work\MuVleridian 15360M\Autumn Faire Sub AZ and PP\AutumnFairPPRec.wpd
RECOMMENDATION TO CITY COUNCIL - 8
PRELIMINARY PLAT -AUTUMN FAIRE SUBDIVISION BY GEM STAR
PROPERTIES, LLC
• •
June 2, 2000
PP 00-009
MERIDIAN CITY COUNCIL MEETING June 6, 2000
APPLICANT Gem Star Properties, LLC ITEM NO. ~$
REQUEST Preliminary Plat for 78.4 acres with 263 building lots and 12 other lots for
proposed Autumn Faire Subdivision - SW corner of Black Cat and Ustick Roads
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
See attached recommendations
See attached
~n ~i
Materials presented. at public meetings shall become property of the City of Meridian.
~5y - b25~o ~~o~fi Siv~Eul~_ C~i,~.P ~ Ccssot • ~^'
MAYOR
Robert D. Corrie HUB OF TREASURE VALLEY
A Good Place [o Live
CITY COUNCIL MEMBERS CITY OF MERIDIAN
Ron Anderson 33 EAST IDAHO
Keith Bird MERIDIAN, IDAHO 83642
Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813
Cherie McCandless City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
~~~'~
i' ,~ '00~
L'ity of ~~erinia~~?
MEMORANDUM: ~'ilv ~'7.~x~~ t~±i
J~~--,-, I ~- ¢ r3
To: Planning & Zoning Commission/Mayor & City Council
From: Bruce Freckleton, Senior Engineering Technician
Brad Hawkins-Clark, Planner ~{~~
May 5, 2000
Re: AUTUMN FAIRE SUBDIVISION
- Request for Annexation and Zoning of 100.9 Acres from R-T to R-4 by Gem
Star Properties, LLC (File AZ-00-009)
- Preliminary Plat of 78.4 Acres by Gem Star Properties (File PP-00-008)
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATIONS SUMMARY
There are two separate applications covered in this report, each addressed separately after the
summary. The subject parcel is bisected by the Sky Pilot Drain, which courses from SE to NW
through the parcel. While the entire parcel is under single ownership, the Preliminary Plat
application proposes to subdivide only the 78.4 acres of land north of the drain. There are 248
residential lots and 9 common lots proposed. The average lot size is 9,132 s.f. at a gross density
of 3.16 dwelling units per acre. The Applicant is requesting annexation of the entire 100-acre
parcel.
The annexation application's transmittal and cover sheet state there are 78.4 acres to be annexed.
However, the boundaries of the legal description submitted with the application and the intent of
the property owner is to include the entire 100.9 acres (both north and south of the Sky Pilot
Drain). If approved as submitted, the City would be approving annexation of 22.5 acres south of
the drain that does not have a development .plan or plat associated with the land. Therefore, the
annexation application pertains to a larger area than the preliminary plat proposes to subdivide.
The City Council is now requiring development/site plans with all annexation requests. Since the
acreage south of the drain cannot be sewered at this time, it should be excluded from the
application. Any future use or subdivision of this 22.5 acres would require submission of a
completely new annexation application and preliminary plat or other development application
before any use of this 22.5 acres would be permitted.
- Autumn Faire.AZPP.doc
AZ-00-009, PP-00-009
Planning & Zoning Commis~/Mayor & Council .
May 5, 2000
Page 2
ACRD staff has prepared a draft report on the preliminary plat with several recommended
roadway design changes, including eliminating the Autumn Faire Way stub road to the west
boundary and adding the Clearwater Way stub to the south boundary. The application is
scheduled for the May 10th ACRD Commission and is on their consent agenda only (no public
hearing).
LOCATION
The property is generally located at the southwest corner of Black Cat Road and Ustick Road
(excepting the existing house on .7 acres). The parcel extends approximately 2,124 feet (.4 miles)
south to Turnberry Subdivision and 1,319 feet west from Ustick. It is designated as Single-family
Residential in the Comprehensive Plan.
SURROUNDING PROPERTIES
North -Several large, unplatted parcels currently being used for agriculture, zoned RT in Ada
County.
South -One single-family residence on approximately 2.6 acres, zoned RT in Ada County, is at
the extreme SE corner. Bordering at the S W corner is a 51-acre, Ada County parcel currently in
agricultural use. Also, approximately 1,075 feet of Turnberry Subdivision borders the parcel
(zoned R-4 in Meridian). Six single-family lots in Turnberry abut this boundary, ranging from
8,190 s.f. to 10,760 s.f. in lot size. There is an existing solid wood fence along this entire shared
boundary.
East -Ashford Greens Subdivision, zoned R-4 in Meridian, is directly across Black Cat.
West -Several large, unplatted parcels currently being used for agriculture, zoned R-T in Ada
County.
CURRENT OWNERS OF RECORD
Langley Farms Limited Partnership, represented by Dean Langley and Stella McNealy, is the
current property owner and has submitted consent for both applications.
ANNEXATION & ZONING COMMENTS /ANALYSIS (File AZ-00-009)
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to review the particular facts and circumstances
of each proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment." In other
words, there must be ample evidence supporting the necessity for the City to expand its annexed
area before the Commission and/or Council approves an annexation request. Specifically,
Ordinance 11-15-11 lists the following questions that must be adequately answered for each
individual property (only those items which pertain to this application have been listed):
"A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if
not, has there been an application for a Comprehensive Plan amendment;
B. Has there been a change in the area or adjacent areas which may dictate that the area should be
rezoned For example, have the streets been widened, new railroad access been developed or
planned or adjacent area being developed in a fashion similar to the proposed rezone area;
AZ-00-009, PP-00.009
Audmm Fave.AZPP.doc
Planning & Zoning Commis~/Mayor & Council
May 5, 2000
Page 3
C. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and
appropriate in appeazance with the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
D. Will the proposed uses not be hazardous or distwbing to existing or future neighboring uses;
E. Will the area be served adequately by essential public facilities and services such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
G. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will the area have vehicular approaches to the property which shall be so designed as not to create
an interference with traffic on surrounding public streets;
I. Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-
1992)"
Staff has several concerns about the implications to the City of annexing 100 acres situated on
the City's extreme western fringe at this time. As noted on page 1 and 2 of Gem Star Properties'
application, this property is eligible for annexation and complies with several Comprehensive
Plan policies. However, there are several other policies and required findings with which this
property does not comply. Below is a summary of findings and Comprehensive Plan policies that
both support and do not support a zoning amendment/annexation for this property. These are
provided to assist the Commission and Council in making awell-founded interpretation and
decision on the annexation request.
Findings & Comprehensive Plan Policies that Support Annexation
1. Parcel is contiguous to existing City limits (Ashford Greens and Turnberry) and is therefore
eligible to request annexation.
2. Parcel falls within the Comprehensive Plan designation of Single-family Residential, under
which the proposed development and R-4 zoning complies.
3. Parcel is within the Meridian Urban Service Planning Area (per Ord. 11-16-3).
4. Encourage new development which reinforces the City's present development pattern of
higher-density development within the Old Town area and. low-density development in
outlying areas (Comp. Plan Policy 1.4U, pg. 23).
AZ-06-009, PP-00.009
Autumn Fave.AZPP.doc
Planning & Zoning Commis.~i/Mayor & Council
May 5, 2000
Page 4
5. Residential developments shall be phased in accordance with their connection to the
municipal sewer system (Comp. Plan Policy 1.7, pg. 67). The Applicant has had discussions
with Public Works and sewer capacity is available and has been allocated for the proposed 78
acres of this parcel. Water service is also available. The Applicant is not proposing
development south of the drain because sewer capacity is not available for this additional
22.5 acres.
Findings & Comprehensive Plan Policies that Do Not Support Annexation
1. School Facilities: The Generalized Land Use Map in the 1993 Comprehensive Plan shows a
school. symbol on the parcel immediately west of Langley's parcel. Staffs interpretation of
the symbols for parks and schools on the map has been they should ultimately be located
somewhere in the vicinity in order to serve a one to two square mile radius. In other words,
they serve as indicators/reminders to begin discussions and/or negotiations for specific
school sites in that Section and general azea when the population growth demands it.
Policy 3.3, pg. 14, of the School Facilities Chapter states, "School sites should be reserved
for future acquisition in advance of development of planned land use. Approval of
subdivision plats may be withheld if adequate school facilities or sites are not available to
serve the proposed subdivision." In their April 17, 2000 comment letter regarding Autumn
Faire Subdivision, the School District states that Chaparral Elementary School is over
capacity and both Meridian Middle School and Eagle High School are at capacity.
Neither a park nor school site has been provided or offered as part of this annexation or plat
application. If the Commission chooses to recommend approval of annexation, Staff
recommends the Applicant be required to meet with the Meridian School District and obtain
a letter from the District regarding the potential dedication of land for a future school and/or
other potential options to mitigate their over-capacity concerns.
2. Roadway Capacity: This subdivision is estimated to generate 2,630 additional vehicle trips
per day (there are 10 existing). Neither Black Cat Road, Ustick Road or the intersection aze
in the ACRD Five-year Work Program for improvements or widening. While it is impossible
to estimate when these minor arterials may be moved into the ACRD work plan as funded
projects, it is unlikely, given the relatively low existing traffic counts (compared to other
minor arterials in the City), that they will be improved in the near future. Neither arterial is
listed in the draft Destination 2020 Plan for widening through the year 2020.
3. Service Centers: Policy 1.8U, pg. 23, in the Land Use Chapter states, "Promote the
development of high-quality and environmentally compatible residential areas that contain
the necessazy parks, schools and commercial facilities to maintain and form identifiable
neighborhoods". The nearest commercial service area to this pazcel is the Albertson's
complex at Ten Mile and Cherry, a distance of approximately two miles. The next closest
retaiUshopping center is at Meridian Road and Cherry, an additional two miles, or four miles
from the subject site. This development will increase the number of daily vehicle trips, miles
AZ-00-009, PP-00-009
Auto Fave.AZ.PP.doc
Planning & Zoning Commis~i/Mayor & Council
May 5, 2000
Page 5
traveled and congestion on Ustick and Black Cat roads for virtually every urban service,
recreational opportunity, and employment need. Staff believes annexation and development
should be delayed until future commercial, recreational and employment development occurs
in the northwest area of the City.
4. Fire and Emergency Medical Services: The Meridian Fire Department's tentative plans are to
break ground on the new substation located on Ten Mile Road approximately'/2 mile south of
Ustick. This facility will greatly improve response times to residents in northwest Meridian.
However, until the facility is complete, all responses will originate at the new Franklin Road
station, which is approximately 6 miles from this site. Policy 6.9U, pg. 42, of the Public
Services Chapter, states "Maintain afive-minute or less response time goal to all fire, police,
and medical emergencies within the City." Staff questions if this goal can be achieved for
paramedics originating from St. Luke's Hospital.
5. Pazks: The Generalized Land Use Map in the 1993 Comprehensive Plan shows a pazk
symbol on the parcel immediately west of Langley's pazcel. Staffs interpretation of the
symbols for parks and schools on the map has been they should ultimately be located
somewhere in the vicinity in order to serve a one to two square mile radius. Tully Park,
approximately 2.5 miles from this site, is the nearest City park.
Policy 2.SU, pg. 60, of the Parks and Recreation Chapter states, "New subdivision
development...will be considered as opportunities to: a) Provide greenways, bicycle paths or
pedestrian access to public pazks, and links between parks, schools and neighborhoods; b)
negotiate for the acquisition of pazk sites."
6. Housing Diversity and Affordability: The following policies from the 1993 Comprehensive
Plan address housing:
• ,Policy 3.1U, pg. 19, of the Economic Development Chapter states, "Approve quality
housing projects that meet the needs of all economic levels."
• Policy 2.1U, pg. 23, of the Land Use Chapter states, "Support a variety of residential
categories for the purpose of providing the City with a range of affordable housing
opportunities."
• Policy 1.1, pg. 67, of the Housing Chapter states, "The City intends to provide for a
wide diversity of housing types...and choices between ownership and rental dwelling
units for all income groups in a variety of locations suitable for residential
development."
• Policy 1.4, pg. 67, of the Housing Chapter states, "The development of housing for
all income groups close to employment and shopping center should be encouraged."
• Policy 1.6, pg. 67, of the Housing Chapter states, "Housing proposals shall be phased
with transportation, open space and public service and facility plans, which will
maximize benefits to the residents, minimize conflicts and provide atie-in between
new residential areas and service needs."
The average lot size in Ashford Greens is 9,105 s.f. The average lot size in Turnberry
Subdivision is 8,668 s.f.. The average proposed lot size in Autumn Faire is 9,132 s.f. The
AZ-00-009, PP-00-009
Autumn Faire.AZPP.doc
Planning & Zoning Commisayor & Council
May 5, 2000
Page 6
dominant zoning (greater than 90%) in Sections 1, 2 and 3 of Township 3N, Range 1 W is R4
(minimum 8,000 s.f. lot sizes). Staff does not believe the goals of housing diversity and
providing housing that meets the needs of all economic levels would be achieved through
annexation of this parcel, especially with a straight R-4 zone. Greater choices between
housing types (i.e. offering a mix of duplexes, townhomes and single family) is necessary,
especially in this northwest area of the City.
7. Infill Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states, "Unimproved or
unrealized land within the Meridian city limits and Urban Service Planning Area should be
utilized in order to maximize public investments, curtail urban sprawl and protect existing
agricultural lands from unnecessary infringement." Also, policy 1.12, pg. 68, of the Housing
Chapter states, "Land development regulations should be revised to encourage the infilling of
existing vacant parcels within the city limits."
8. "Although it is recognized that urbanized development does exist within the rural areas of the
Area of City Impact, the rural lands should be kept in agricultural production as long as
possible until urban services (municipal sewer and water facilities and other essential
services) can be provided" (Policy 6.3, pg. 29, Land Use Chapter).
Annexation Recommendation
Certainly, valid arguments can be made on both sides regarding annexation of this parcel. It
meets the essential requirements of contiguity, is in the USPA and sewer and water are available.
It's important to point out that the above findings and policies carry different weight and should
not be viewed solely on the basis of the number of policies that support or don't support.
However, Staffs interpretation of the Land Use Planning Act, Comp Plan policies and required
fmdings of the Zoning & Development Ordinance is that the size and scope of this annexation
request does not fulfill the intent of these guiding policies and the annexation should not be
granted at this time.
GENERAL ANNEXATION REQUIREMENTS (File AZ-00-009)
Should the Commission and Council choose to recommend approval, the following conditions
shall apply:
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project shall be tiled per City Ordinance. The ditches to be piped should be shown on the
site plans. Plans will need to be approved by the appropriate irrigation/drainage district,
with written confirmation of said approval submitted to the Public Works Department.
No variances have been requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance (Ord. 11-13).
AZ-04009, PP-00-009
Autumn Faire.AZPP.doc
Planning & Zoning Commis~Mayor & Council
May 5, 2000
Page 7
4. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer for all off-street parking areas. All site
drainage -shall be contained and disposed of on-site.
5. Outside lighting shall be designed and placed so as not to direct illumination on any
neazby residential areas and in accordance with City Ordinance Section 11-13-4.C. and
12-5-2.M.
6. All signage shall be in accordance with the standazds set forth in the City of Meridian
Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners
or flashing signs will be permitted.
7. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K).
8. Applicant shall be required to enter into a Development Agreement with the City as a
condition of annexation.
SITE SPECIFIC ANNEXATION REQUIREMENTS
1. As a condition of annexation, applicant shall be required to dedicate a site near the
northeast corner of the development for a new City well.
2. Applicant shall be required to enter into a development agreement for this project.
3. Once the Black Cat Sanitazy Sewer Trunk fee is established and approved by the
Meridian City Council, such fees would be applied to each building permit issued in this
development. The current estimated fee is $1,500.00 per lot.
4. All lots within this development shall be subject to the applicable latecomers fees on the
existing Ashford Greens sanitazy sewer lift station and water main extension.
PRELIMINARY PLAT GENERAL COMMENTS (File PP-00-009)
Should the Commission and Council choose to recommend approval, the following conditions
shall apply:
1. Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
PRLIMINARY PLAT REQUIREMENTS (File PP-00-009)
1. Sanitary sewer service to this site will be via extensions from existing mains adjacent to
the proposed development. Subdivision designer to coordinate main sizing and routing
AZ-06009, PP-00.009
AuMnn Faire.AZ.PP.doc
Planning & Zoning Commis~Mayor & Council
May 5, 2000
Page 8
with the Public Works Department. Sewer manholes are to be provided to keep the sewer
lines on the south and west sides of the centerline.
2. Water service to this site will be via extensions from existing mains adjacent to the
proposed development. Applicant will be responsible to construct the water mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Please provide the Public works department
with information on anticipated fire flow and domestic water requirements for the
proposed site. Water service to this development is contingent upon positive results from
a hydraulic analysis by our computer model. Flow and pressure from the existing mains
should be monitored with the Meridian Water Department.
3. Two-hundred-fifty- and 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.
4. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping. Due
to the size of landscaped area, primary water supply connection to the City's mains will
not be allowed. 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 entire common open area.
5. 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. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to plan approval. The
City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a creek or well source is not available, asingle-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 signature on the fmal plat by the Meridian City Engineer. If City water is proposed as
a secondary source, developer shall be responsible to pay water assessments for the entire
common open area.
6. A note shall be added to the plat stating that this subdivision is subject to the terms of the
Right to Farm Act pertaining to adjacent agricuiturai parcels.
7. As shown on the plat, the Ustick and Black Cat landscape buffers shall be a minimum of
30-feet in width beyond the required ACRD right-of--way and constructed by the
developer as a condition of the plat. Staff encourages a slight berm and similar treatment
as provided in the Ashford Greens development. The landscape buffer shall be placed in
common separate lots (as shown). Fencing is not to encroach upon these buffers.
AZ-00-009, PP-00-009
Autumn Faire.AZPP.doc
Planning & Zoning Commisayor & Council
May 5, 2000
Page 9
8. Detailed landscape plans for the Black Cat and Ustick landscape buffers and the internal
common lots (Lot 10, Block 12, Lot 11, Block 15 and Lot 11, Block 13) shall be
submitted for review and approval with the Final Plat application. A letter of credit or
cash surety will be required for the improvements prior to City signature on the Final
Plat.
9. Six-foot-high, solid, perimeter fencing shall be required along the full western boundary
of the subdivision and .along the north side of Block 15 (Crossridge St). Submit detailed
fencing plans for review and approval with submittal of the Final Plat. All required
fencing is to be in place prior to issuance of building permits. A letter of credit or cash
will be required for these fences prior to signature on the final plat.
10. There are three lots designated on the plat as storm retention areas. Staff recommends
these lots be designed to provide usable open space for the subdivision residents. The
storm retention area should be designed as such that accumulated water is disposed of
within a 24-hour period.
11. ACRD is recommending a vehicular connection be provided to the 1-acre parcel abutting
the north side of Block 1. It is not arequirement - only a recommendation. They are also
requiring Stella Court be extended across Clearwater Way and stubbed to the 2.7 acre
parcel south of the site. Staff supports both of these recommendations.
12. Sweetwood Avenue exceeds the City's maximum block length of 1,000 feet. Applicant
must either submit a Variance application for the block length or modify the plat. Staff
recommends McNealy Street to the east be extended across Eveningside Avenue and
across Block 10 to improve the interconnectivity of these blocks and to reduce the block
length.
13. As noted above in the annexation comments, Staff is concerned about the dominant R-4
density and lack of diversity of housing types in this northwest area of the City. We
encourage a greater diversity of lot sizes and possibly a mix of R-4 and R-8 zones in
order to allow for a mix of duplexes, townhomes and single family homes.
Preliminary Plat Recommendation
If the Commission recommends approval of the annexation and considers the preliminary plat
application, Staff requests the plat application be tabled until we can review a revised plat with
the roadway changes and to work with the Applicant on design issues.
AZ-04009, PP-00-009
Auuvnn Faire.AZ.PP.doc
• •
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-26-00
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR AUTUMN FAIRE
SUBDIVISION BY GEM STAR
PROPERTIES, LLC
Case No. PP-00-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on June 6, 2000, and continued until June 20, 2000, at the hour of 7:30
o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City
Council takes judicial notice of its action of the denial of the application for
annexation and zoning in Case No. AZ-00-009, and the hearing was opened on the
preliminary plat application and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and the Applicant, Dean Langley, appeared and testified, and
appearing ahd testifying on behalf of the Applicant were: Scott Stanfield and Dave
Mortenson, and appearing and testifying with comments/concerns or in opposition
was: Lorinda Williams, and the City Council based upon its Findings of Fact and
Conclusions of Law and Decision and Order in Case No. AZ-00-009 does hereby
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
GEM STAR PROPERTIES, LLC FOR AUTUMN FAIRE SUBDIVISION
(PP-00-009) - 1
• •
deny the application for preliminary plat approval.
FINDINGS OF FACT
1. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is not reasonable nor appropriate for the conditions of
approval of the preliminary plat due to the denial of the annexation and zoning in
Case No. AZ-00-009.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code Section 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, that based upon
the denial of the annexation and zoning in Case No. AZ-00-009, the Council does
hereby deny the application for preliminary plat approval.
By action of the City Council at its regular meeting held on thel~~day of
2000.
By:
ROBERT D. CORRIE
Mayor, City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
GEM STAR PROPERTIES, LLC FOR AUTUMN FAIRE SUBDIVISION
(PP-00-009) - 2
~ •
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
sy:
City Clerlc
Dated:
ms~Z:\Work\M\Meridian 15360MV1utumn Faire Sub AZ and PP\FFCLOrdDenyPP
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT
GEM STAR PROPERTIES, LLC FOR AUTUMN FAIRE SUBDIVISION
(PP-00-009) - 3
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08-15-00
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR AUTUMN FAIRE
SUBDIVISION, LOCATED AT
THE SW CORNER OF BLACK
CAT AND USTICI~ ROADS.
Case No. PP-00-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: GEMSTAR PROPERTIES,
L.L.C., APPLICANT
The above entitled matter coming on regularly for public hearing before the
City Council on June 6, 2000, and continued until June 20, 2000, July 5, 2000, and
tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August
15, 2000, at the hour of 7:30 p.m., and at the June 6, 2000 meeting, Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and the Applicant, Dean
Langley, appeared and testified, and appearing and testifying on behalf of the
Applicant were: Scott Stanfield and Dave Mortenson, and appearing and testifying
with comments/concerns or in opposition was: Linda Williams, and at the August 15,
2000 meeting, Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009)
- 1
Parks and Recreation Director, appeared and testified, and appearing on behalf of the
Applicant were: Scott Stanfield of Earl & Associates, and Susan Wildwood, and
appearing and testifying with comments or concerns were: Linda Dettero, Monty
Janicek, and Dean Langley, and the City Council having received a report from Bruce
Freckleton, Engineering Technician III, and Brad Hawkins-Clarlc, Planner, 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 "Preliminary Plat Drawing, Drawn By: wcw, 1-26-00, Revision Dates
1.) 5-30-00, 2.) 6-12-00, 3.) 6-23-00, and 4.) 7-31-00, SHEET NO. 1 of 1, Job No.
000999, DWG No. 00099901PP2, Client: Gemstar Properties, L.L:C., Drawing
Title: Autumn Faire Subdivision Preliminary Plat, Earl & Associates, Inc.. -
Surveyors, Engineers & Planners," 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 2
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 development
within the City's Capital Improvement Program and if the conditions which are
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 3
•
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 Drawing, Drawn By:
wcw, 1-26-00, Revision Dates 1.) 5-30-00, 2.) 6-12-00, 3.) 6-23-00, and 4.) 7-31-00,
SHEET NO. 1 of 1, Job No. 000999, DWG No. 00099901 PP2, Client: Gemstar
Properties, L.L.C., Drawing Title: Autumn Faire Subdivision Preliminary Plat, Earl &
Associates, Inc.. -Surveyors, Engineers & Planners."
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
Drawing, Drawn By: wcw, 1-26-00, Revision Dates 1.) 5-30-00, 2.) 6-12-00, 3.) 6-23-
00, and 4.) 7-31-00, SHEET NO. 1 of 1, Job No. 000999, DWG No.
00099901PP2, Client: Gemstar Properties, L.L.C., Drawing Title: Autumn Faire
Subdivision Preliminary Plat, Earl &. Associates, Inc.. -Surveyors, Engineers &
Planners," is hereby conditionally approved; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 4
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2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning and Engineering Department Recommendations as
follows:
2.1 Submit letter from the Ada County Street Name Committee, approving
the subdivision and street names. Make any corrections necessary to
conform.
2.2 Coordinate fire hydrant placement with the City of Meridian Public
Works Department.
2.3 Sanitary sewer service to this site shall be via extensions from existing
mains adjacent to the proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
Sewer manholes are to be provided to keep the sewer lines on the south
and west sides of the centerline.
2.4 Water service to this site shall be via extensions from existing mains
adjacent to the proposed development. Applicant shall be responsible to
construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Worlcs Department. Provide the Public Works Department with
information on anticipated fire flow and domestic water requirements
for the proposed site. Water service to this development is contingent
upon positive results from a hydraulic analysis their computer model.
Flow and pressure from the existing mains shall be monitored with the
Meridian Water Department.
2.5 Two-hundred-fifty- 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.
2.6 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary water
supply connection to the City's mains shall not be allowed. Applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 5
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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 entire
common open area.
2.7 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. A draft copy of the
pressurized irrigation system O&M manual shall be submitted prior to
plan approval. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If a creek or well
source is not available, asingle-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 signature on the final plat by the Meridian City
Engineer. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area.
2.8 A note shall be added to the plat stating that this subdivision is subject
to the terms of the Right to Farm Act pertaining to adjacent agricultural
parcels.
2.9 As shown on the plat, the Usticlc and Black Cat landscape buffers shall
be a minimum of 30-feet in width beyond the required ACHD right-of-
way and constructed by the developer as a condition of the plat. Staff
encourages a slight berm and similar treatment as provided in the
Ashford Greens development. The landscape buffer shall be placed in
common separate lots (as shown). Fencing is not to encroach upon these
buffers.
2.10 Detailed landscape plans for the Blaclc Cat and Ustick landscape buffers
and the internal common lots (Lot 10, Bloclc 12, Lot 11, Bloclc 15 and
Lot 11, Block 13) shall be submitted for review and approval with the
Final Plat application. A letter of credit or cash surety shall be required
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 6
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for the improvements prior to City signature on the Final Plat.
2.11 Six-foot-high, solid, perimeter fencing shall be required along the full
western boundary of the subdivision and along the north side of Block
15 (Crossridge St). Submit detailed fencing plans for review and
approval with submittal of the Final Plat. All required fencing is to be in
place prior to issuance of building permits. A letter of credit or cash
shall be required for these fences prior to signature on the final plat.
2.12 There are three lots designated on the plat as storm retention areas. Lots
shall be designed to provide usable open space for the subdivision
residents. The storm retention area shall be designed as such that
accumulated water is disposed of within a 24-hour period.
2.13 A vehicular connection shall be provided to the 1-acre parcel abutting
the north side of Block 1. Stella Court shall be extended across
Clearwater Way and stubbed to the 2.7 acre parcel south of the site.
2.14 Sweetwood Avenue exceeds the City's maximum block length of 1,000
feet. Applicant must either submit a Variance application for the block
length or modify the plat. McNealy Street to the east shall be extended
across Eveningside Avenue and across Bloclc 10 to improve the
interconnectivity of these blocks and to reduce the block length.
2.15 A greater diversity shall be required of lot sizes and possibly a mix of R-
4and R-8 zones in order to allow for a mix of duplexes, townhomes and
single family homes.
2.16 The applicant shall provide stub streets as per the request of the Ada
County Highway District.
Adopt the Recommendations of the Ada County Highway District as follows:
2.17 Dedicate 48-feet of right-of-way from the centerline of Black Cat 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. Allow up to 30 business
days to process the right-of--way dedication after receipt of all requested
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 7
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material. The owner shall be compensated for all right-of-way dedicated
as an addition to existing right-of--way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance # 193.
2.18 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. Allow up to 30 business
days to process the right-of--way dedication after receipt of all requested
material. The owner shall be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACRD Ordinance # 193.
2.19 Construct 5-foot wide concrete sidewalk on Blaclc Cat Road abutting the
parcel. The sidewalk shall be located two feet within the new right-of-
way of Blaclc Cat Road. Coordinate the location and elevation with
District staff.
2.20 Construct 5-foot wide concrete sidewalk on Ustick Road abutting the
parcel. The sidewalk shall be located two feet within the new right-of-
way of Ustick Road. Coordinate the location and elevation with District
staff.
2.21 Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and S-foot wide concrete sidewalks within 50-
feet of right-of-way.
2.22 Stub Sagewood Street to the west property line approximately 600-feet
south of the north property line 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.
2.23 Do not Stub Autumn Faire to the west properly line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 8
2.24 Stub Dayside Avenue to the south property line 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.
2.25 Provide a stub street off Clearwater Way to the south property line
located 340-feet west of the east property line, in alignment with Stella
Court. 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.
2.26 Locate Autumn Faire off Black Cat Road to align with Moon Lake
Drive.
2.27 Locate a public street off Blaclc Cat Road approximately 850-feet north
of the south property line.
2.28 Locate Clearwater Way to align with Talamore Boulevard.
2.29 Locate a public street off Ustick road as proposed approximately 690-
feet west of Black Cat Road.
2.30 Construct turnarounds at the termini of Stella Court, Crossridge Street,
Sagewood Circle and Julia Court. Provide a minimum of a 45-foot
turning radius for the. turnarounds. Submit a design of the turnarounds
for review and approval by District staff.
2.31 Construct center turn lanes on Black Cat Road for the three public
street intersections. The turn lanes shall be constructed to provide a
minimum of 100-feet of storage with shadow tapers for the approach
and departure directions. These turn lanes shall be constructed prior to
the issuance of any impact fee certificate in the subdivision. Coordinate
the design of the turn lane with District staff
2.32 Construct a center turn lane on Ustick Road for the proposed public
street intersection. The turn lane shall be constructed to provide a
minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. These turn lanes shall be constructed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 9
prior to the issuance of any impact fee certificate in the subdivision.
Coordinate the design of the turn lane with District staff.
2.33 Utility street cuts in new pavement less than five years old are not
allowed unless approved in writing by the District.
2.34 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
2.35 Provide a note on the final plat stating that the 1.7-acre parcel located
at the southwest corner of the Ustick Road Black Cat Road intersection
shall be allowed one right-in/right-out driveway on Black Cat Road and
Ustick Road.
2.36 Other than the access points specifically approved with this application,
direct lot or parcel access to Ustick Road and Blaclc Cat Road are
prohibited. Lot access restrictions, as required with this application,
shall be stated on the final plat.
Adopt the Recommendation of the Fire Department as follows:
2.37 Common areas shall need to be kept clean of trash and weeds.
2.38 No parking of vehicles or trailers in cul-de-sac.
2.39 All roads shall be installed before building is started with appropriate
street name signs.
Adopt the Recommendations of the Central District Health Department as
follows:
2.40 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health SL
Welfare, Division of Environmental Quality.
2.41 Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 10
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2.42 stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.43 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.
Adopt the Recommendation of the Nampa &. Meridian Irrigation District as
follows:
2.44 The District reserves the right to claim what they deem necessary to
operate and maintain the District's Eightmile Lateral that courses along
the North boundary and the Sky Pilot Drain which courses through the
middle of the proposed project.
Adopt the additional requirements from the City Council meeting of August
15, 1999 as follows:
2.45 Applicant shall be required to develop a minimum 30 foot pathway that
shall be required to be rough graded at the developer's expense. In
order to accommodate the 30 foot pathway the lot shall be shortened in
depth by 10 feet.
2.46 Construction materials and type of fencing along the pathway shall be
subject to the Parks and Recreation Department and Planning and
Zoning Department's approval.
2.47 Upon approval of the final plat of Phase Five, applicant will donate land
for a public park, 6.8 acres or more in size. Applicant has identified a
6.8 acre site in what is part of the proposed Phase Five of the Autumn
Faire Subdivision. The value of this land is $204;000.00.
2.48 As a condition of approval of Phases One and Two of Autumn Faire
Subdivision, the applicant will post a letter of credit with the City in the
amount of $204,000. This letter of credit. will be in lieu of park impact
fees for Phases One through Five of Autumn Faire.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 11
2.49 If, at approval of the final plat of Phase Five, applicant does not deed
the 6.8 acre park to the City, and if the applicant fails to provide 6.8
acres or more of park space in Phases Three, Four or Five of Autumn
Faire, or if more than three years elapse after adoption of these Findings
and the park site has not been donated, then, the letter of credit shall be
exercisable in favor of the City. If the 6.8 acre park site is donated as
represented by the applicant within three years of the date of adoption
of these Findings, the letter of credit shall become void.
2.50 Applicant, at its expense, will provide stubbed street, sewer and water to
any proposed park site during construction of Phase Four of Autumn
Faire.
2.51 Applicant agrees, at City's option, to provide rough and fine grading of
the park site. City shall reimburse applicant for the unit cost (but not
move in, move out, or mobilization costs) of the rough and fine grade
work done on the park site.
By action of the City Council at its regular meeting held on the day of
2000.
ROLL CALL
COUNCILMAN ANDERSON VOTED
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 12
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COUNCILWOMAN McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (Tie Breaker) VOTED,
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By:
City Clerk
Dated:
msg/Z:\Work\M\Meridian 15360M\Autumn Faire Sub AZ and PP\FfClsOrd.PP
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY PLAT GEMSTAR PROPERTIES, AND LANGLEY FARMS
LIMITED PARTNERSHIP /FOR AUTUMN FAIRE SUBDIVISION / (PP-00-009) - 13