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HomeMy WebLinkAboutTreasure View Subdivision P/FP-01-004BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10-02-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR TREASURE VIEW SUBDIVISION FOR 3 BUILDING LOTS ON 2.85 ACRES IN AN L-O ZONE, LOCATED AT 3500 EAST MAGIC VIEW DRIVE, MERIDIAN, IDAHO BY: PINNACLE ENGINEERS, INC. Case No. P/FP-01-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public heating before the City Council on October 2, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the heating, and appearing and testifying on behalf of the Applicant was Jonathan Seel of Pi~made Engineers, Inc., and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, 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 Plat Drawing described as follmvs, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION/ BY PINNACLE ENGINEERS, 1NC. (PFP-01-004) - 1 "TREASURE VIEW SUBDIVISION, SITUATED IN LOTS 2 & 3 OF BLOCK 1 OF AMENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOOK 52 AT PAGE 4445 LOCATED IN A PORTION OF THE SE1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RAzNGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01, DRAWN BY: JGC, DESIGNED BY: JGC, CHECKEDBY: J.G. CARPENTER, P.E., PROJECT NO. C016120, SHEET PP-1, PINNACLE ENGINEERS, INC.", submitted for preliminary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned L-O Limited Office District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 I.] 2. The preliminary plat is in conformance with the Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION/ BY PINNACLE ENGINEERS, INC. (PFP-01-004) -2 City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III are met there will be public financial capability of supporting services for the proposed development. 5. The development, if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section I2-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION/ BY PINNACLE ENGINEERS, INC. (PFP-01-004) -3 IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by" TREASURE VIEW SUBDIVISION, SITUATED IN LOTS 2 & 3 OF BLOCK 1 OF AMENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOOK 52 AT PAGE 4445 LOCATED IN A PORTION OF THE SE1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01, DRAWN BY: JGC, DESIGNED BY: JGC, CHECKEDBY: J.G. CARPENTER, P.E., PROJECT NO. CO 16120, SHEET PP- l, PINNACLE ENGINEERS, INC.", submitted for preliminary/final plat. 1. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from David Mclrdnnon, Planner for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III, dated September 4, 200I, listing 14 Site Specific Comments and 3 General Comments, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of October 2,200I, and the requirements are as follows, to- wit: 1.1 The City Council's action from their October 2, 2001 meeting, shall be the revision of number 2 on page 2 of the Recommendation presented FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-01-004) -4 to Council from Planning and Zoning, and which number 2 on page 2 shall now read as follows: 1.2 1.3 A new perimeter landscape plan (drawn to meet the requirements of the Landscape Ordinance), to include the sizes and species of the proposed and existing vegetation; must be submitted to the Planning and Zoning staff for approval prior to signature on the final plat. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping plan. The City Council's action from their October 2, 2001 meeting, shall be the revision of number 4 on the top of page 3 of the Recommendation presented to Council from Planning and Zoning, and which number 4 on the top of page 3 shall now read as follows: A Certificate of Occupancy shall not be issued for any building within the subdivision prior to the installation of the required landscaping determined for each lot. The City Council's action from their October 2, 2001 meeting, shall be the revision of number 30 on page 6 of the Recommendation presented to Council from Planning and Zoning, and which number 30 on page 6 shall now read as follows: 30. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; or if other means of pretreatment of stormwater discharge is provided, then Applicant shall furnish to the Public '~Vorks Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to pretreat the stormwater discharge shall be required. 2. The final plat upon which there is contained the Certification and signature of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-OI-O04) -5 the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and By action of the City Council at its regular meeting held on the /~'~day of ~)~/~ ~ ,2001. BY~oI~ERT D. CORRiE M~or, City Of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: City Clerk ~/ 0' Z:\WorkVvl~Meridian~leridian 15360IVhTreasure Vimv Sub PFP01-004~FinalPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-01-004) -6 Robert D. Code CITY COUNCIL MEMBERS Ron .M~detson [~ith Bird Tar~ay deWeerd C~ne de McCamtless A Goad Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (ma) 888~433. F2cx (2o8) City O. erk Office Fax ~08) 8884218 MEMORANDUM: September 4, 2001 To~ From: Mayor, City Council, Planning & Zoning Bruce Freckleton, Assistant to City Engineer ~--' David McKinnon, Plarmer~l~ Re: Request for Preliminary/Final Plat Approval of the Proposed Treasure View Subdivision, a Three Lot Subdivision on 2.85 Acres in an L-O Zone, Pinnacle Engineers, Inc. (File No. PFP-01-004). Application Summary Pirmacle Engineers, on behalf of Magic View Partners (Winston Moore), have made a request of the Meridian Planning and Zoning Commission and City Council to approve a Preliminary/Final Plat composed of three lots on 2.85 acres of land currently zoned L-O. The proposed subdivision is located at the northeast comer of Allen Street and Magic View Drive, approximately 1000 feet west of Eagle Road. The property is directly west of the Jackson's Texaco gas station. There are no variances requested as part of this subdivision request, and all lots within the requested subdivision will meet the minimum lot area and fi'ontage requirements for property zoned L-O. City water and sewer services are available to the subject properties. Allen Street is already developed with curb gutter and sidewalk abutting the subject property. The property currently has a single family residence located in the southeast comer of the property. The home will be removed prior to the development of the property. The existing well servicing the house will be relocated on the property and will be utilized for irrigation purposes within the subdivision. There are a number of large trees growing on the property that will remain on the property at this time, but will more than likely be removed as the property is developed. As the property is developed the developer will he responsible for the mitigation of any of the trees that must be removed. Required Findings for Subdivisions Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision the Commission/Council shall consider the objectives of this title and at least the following: Mayor, Council and P&Z August 6, 2001 Page 2 a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision is in conformance with the Comprehensive Plar~ b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff fmds that the development will not require major expenditures for supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there will not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council Or Commission's attention. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: SITE SPECIFIC COMMENTS Sanitary sewer and water service to this site shall be via existing and new service lines fitom the existing mains in W. Magic View Drive and S. Allen Street. The submitted landscaping plans are not approved. The submitted plans include evergreen trees within the required street barfer. The Landscape Ordinance prohibits the use of evergreen trees within required street buffers due to safety concerns. A new landscape plan (dram to meet the requirements of the Landscape Ordinance), to include the sizes and species of the proposed and existing vegetation must be submitted to the Planning And Zoning staff for approval prior to signature on the final plat. A detailed irrigation plan including performance specifications shall be submitted as part of the Treasure View PFP.Doc f 'lq" q Mayor, August Page 3 10. 11. Council and P&Z 6, 2001 required landscaping plan. A letter of credit or cash in the amount of 110% will be required for these improvements prior to signature on the final plat. All of the required street buffer landscaping shall be installed prior to the issuance of a Certificate of Occupancy for any lot within the subdivision and shall be bonded for prior to signature on the Final Plat. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. A Certificate of Occupancy shall not be issued for any building within the subdivision prior to the installation of the required interior landscaping (determined by site). All developments within the subdivision are subject to approval though the Conditional Use Permit (CUP) process as Planned Developments. No development will be allowed within the subdivision without a valid CUI~.. All parking shall be retained on-site for all buildings and businesses within the subdivision. All parking and areas of circulation on the three lots shall be paved, striped, and meet minimum dimension requirements and number of stalls ns per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. This application proposes a common receiving pond for drainage water for the entire site; therefore, a drainage operations and maintenance agreement must be executed between all lot owners. The agreement must be reviewed and approved by the Public Works Department, and a fully executed copy ratumed prior signature on the thaal plat. Execute the Certificate of Owners and its accompanying Acknowledgement. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. Mayor, Council and P&Z August 6, 2001 Page 4 12. 13. 14. Graphically depict the "Cross Access Ingress/Egress Easement" between Lots 1 and 2, and add a plat note detailing the use and purpose. Graphically depict the portions of the proposed Public Utility, Drainage, and Irrigation Easements that will also be used for the extension of sanitary sewer service and water service lines to adjacem lots, and add a plat note detailing the use and purpose. Please add or revise the following plat note(s): (8.) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation. GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans wig need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. o Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block nmboring. Make any corrections necessary to conform. Recommendation Staff recommends approval of thin application with the above noted conditions.