HomeMy WebLinkAboutSetter Cove PP 03-001BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04/08/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR SETTER COVE
SUBDIVISION FOR 10 ACRES,
LOCATED 1/4 MILE NORTH OF E.
USTICK ROAD AND 1/4 MILE
EAST OF N. LOCUST GROVE
ROAD, MERIDIAN, IDAHO
Case No. PP-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: MKH DEVELOPMENT, INC.,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on Apri18, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, and Pat Tealey, appeared and testified, and the City Council having received
a report from David McKinnon Planner II for Planning and Zoning, and Bruce Freckleton
Engineering Technician III, and the City Council having received as part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission and the
applicant having submitted the "PRELIIvIINARY PLAT OF SETTER COVE SUBDIVISION,
LYING INTHE SWl/4, SECTION 32, T.4N., R.lE., B.M., MERIDL4N, ADA COUNTY,
IDAHO 2002, 2324-PRE.dwg 12-17-02, SHEET 1 OF 2, DWG~2324-PRE, DRAFT: jdd, DATE:
SEPTEMBER, 2002, PROJECT NO. 2324, HANDWRITTEN DATE: 12/17/02", submitted for
preliminary plat approval and which preliminary plat for approval application is herein received
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 1 OF 11
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
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 Amended
Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, 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 Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. It is determined that Urban Services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
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 Planner II
for the Planning and Zoning Department 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 2 OF 11
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT OF SETTER COVE
SUBDIVISION, LYING INTHE SWl/4, SECTION 32, T.4N., R.lE., B.M.,IVIERIDIAN, ADA
COUNTY, IDAHO 2002, 2324-PRE.dwg 12-17-02, SHEET 1 OF 2, DWG~2324-PRE, DRAFT:
jdd, DATE: SEPTEMBER, 2002, PROJECT N0.2324, HANDWRITTEN DATE: 12/17/02".
8. The City Council recognizes the concerns of Wendel Bigham, Joint School
District No. 2, in a letter dated January 7, 2003.
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
The Preliminary Plat of the applicant as evidenced by "PRELIMINARY
PLAT OF SETTER COVE SUBDIVISION, LYING IN THE SW 1/4, SECTION 32, T.4N.,
R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, 2324-PRE.dwg 12-17-02, SHEET 1
OF 2, DWG~2324-PRE, DRAFT: jdd, DATE: SEPTEMBER, 2002, PROJECT N0.2324,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 3 OF 11
HANDWRITTEN DATE: 12/17/02", DEVELOPER is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. 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 extensions
from the existing mains adjacent to the property. Applicant shall be responsible to
construct the sewer and water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
2. The applicant has corrected the acreage of the project to be 10.284 acres.
3. The applicant has indicated that the pressurized imgation system within this
development is to be owned and maintained by the Settler's Irrigation District.
Underground year-round pressurized irrigation must be provided to all lots within
this development. The City ofMeridian 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, 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.
4. A detailed fencing plan shall be submitted upon application of the final plat.
A fence shall be required around the perimeter of the subdivision unless the City
agrees in writing that such a fence is not required.
5. Any tree over 4" in caliper t hat i s removed from t he p roperty s hall b e
replaced by installing additional trees, being the equivalent number of caliper
inches of trees that were removed. Required landscaping trees will not be considered
as replacement trees for those trees that have to be removed.
6. The applicant has submitted a variance request to the City for having a block
length in excess of 1, 000 feet (MCC 12-4-5), Case No. VAR-03-008.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 4 OF 11
Add or revise the following preliminary plat notes:
• Revise note number 4 to include the phrase "excluding gazage area".
• Add a note indicating who is responsible for the maintenance of the
proposed common lots.
• Add a note to the face of the preliminary plat that that no direct lot
access shall be allowed to E. Leigh Field Drive without the conserit of the
Ada County Highway District and the City of Meridian.
• Note public utilities, drainage, and irrigation easements along the public
right-of--ways, common lot lines, and subdivision boundary.
8. Any drainage areas (detention/retentionbriins) must be designed to ensure
that water is retained only during 100-year storm events, and for a period of time not
to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1.
9. Change the date on the plat to "2003".
10. A detailed landscape plan, incompliance with the landscape ordinance shall
be submitted for the subdivision with the final plat application.
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 ofMeridian Public Works
Deparlxnent.
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 azeabeing subdivided
shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the
appropriate imgation/drainage district, or lateral users association (ditch owner's),
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTl'IONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 5 OF 11
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. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section 9-1-4
and 9-4-8. Wells may be used for non-domestic purposes such as landscape
irrigation.
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 fmish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
10. Coordinate fire hydrant placement with the City ofMeridian's Water Works
Superintendent.
11. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section
12-5-2.K.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Construct North Neith Avenue to intersect with East Herons Crossing
Drive approximately 315-feet west of the east property line, as proposed.
2. Construct North Neith Avenue as a 36-foot street section with curb, gutter
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 6 OF 11
and 5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed.
3. Construct North Summerpark Place, North Summercrest Place, East
Lobelia Street as 29-foot street sections with curb, gutter and 5-foot sidewallc
within 42-feet ofright-of--way, as proposed. Parking is prohibited on one side of
the roadway.
4. Construct two cal-de-sac turnarounds without islands within the
subdivision, as proposed. Provide a minimum taming radius of 45-feet.
5. The applicant shall enter into a development agreement with ACHD that
outlines right-of--way acquisition, costs, timing and payment; and shall also
include an agreement that this development shall be subject to any extraordinary
impact fee, LID or other funding source established by the District to improve the
surrounding roadways; or shall be subject to the development's proportionate
share of surrounding roadway improvements as established by the applicant's
traffic impact study.
6. Setter Cove Subdivision shall be approved contingent upon the right-of-
way within Education Campus Subdivision being dedicated to the public and the
roadways being constructed or a financial surety in place for the construction of
the roadways prior to the signature of the fmal plat for Setter Cove Subdivision.
Comply with all Standard Conditions of Approval.
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 damaged curb, gutter and sidewallc and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services at 387-
6280 (with file numbers) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 7 OF 11
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACRD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of--way. Existing utilities damaged by the applicant shall be repaired by
the applicant at no cost to ACHD. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACRD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada County
Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway District
of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 8 OF I 1
C. Adopt the Meridian Fire Department Recommendations as follows:
The prof ect which comprised of single family dwellings will require afire-flow of
1,000 gallons per minute available for duration of 2 hours to service the entire
project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. 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.
4. The phasing plan may require that any roadway greater than 150' in
length that is not provided with an outlet shall be required to have a turn
around.
All roads shall have a turning radius of 28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
7. The roadways shall be built to Ada County Highway Standards and shall have
a clear driving surface, available at all times, which is 20' wide.
LTFC 902.2
8. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the UFC.
9. Streets which are greater than 150' in length and are not provided with an
outlet are required to be provided with aturn-around.
D. Adopt the Recommendation of Settlers Irrigation District as follows:
1. All irrigation drainage facilities along with their easements be protected
and continue to function as such.
2. All storm drainage must be retained on-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 9 OF 11
3. Any changes to the existing irrigation system must be approved by
Settlers Irrigation District.
4. The development must supply irrigation access to all lots within Setter
Cove Subdivision.
E. 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 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.
By action of the City Council at its regular meeting held on the ~Z "=C
day of , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED_~~
COUNCILWOMAN deWEERD VOTED
COUNCILWOMAN McCANDLESS VOTED'
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDNISION / (PP-03-001)
PAGE 10 OF 11
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED~a-
VOTED
a r Robert D. Come
Attest: \+,``\\`\`~~~,,„~uurrrq,~ r`/''`','''
f)~ _c,~oi~TFO
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William G. Berg, Jr., Ci Cl rk s ~ $^~
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Copy served upon Applicant, The Pl ~aniYipy~t~~epar
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Department and City Attorney.
Public Works
By: ~i'A ~+-` ~ ~+-• Dated: ~~Z3~03
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SETTER COVE SUBDIVISION / (PP-03-001)
PAGE 11 OF 11
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