HomeMy WebLinkAboutCastlebrook Sub No 2 PP02-032
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 04/15103
IN THE MATTER OF THE )
REQUEST FOR PRELIMINARY )
PLAT FOR CASTLEBROOK )
SUBDIVISION NO.2 FOR 150 )
BUILDING LOTS AND 9 OTHER )
LOTS ON 39.05 ACRES LOCATED )
AT 4000 WEST PINE AVENUE, )
EAST OF BLACK CAT ROAD AND )
SOUTH OF WEST CHERRY LANE, )
MERIDIAN, IDAHO )
)
BY: CRESTLINE DEVELOPMENT, )
LLC, APPLICANT )
)
Case No. PP-02-032
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on April 15, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, and Kevin Amar, appeared and testified, and the City Council having
received a report from Wendy Kirkpatrick 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 "PRELIMINARY PLAT NOVEMBER
2002, A PARCEL OF LAND LOCATED IN THE SEl4 OF THE NWl/4 AND THE SWl/4 OF
THE NEl/4 OF SECTION 10, T.3N., R.IW., B.M., ADA COUNTY, IDAHO,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELiMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (PP-02-032)
PAGE 1 of12
CASTLEBROOK SUBDMSIONNO. 2, JOB NO. 02-060-01, SHEET NO. 1,
J :\HEARTLAND _ GREATOAKS _0206001 \ORA WINGS\CASTLEBROOK2 ]RE.dwg
11/15/2002, HANDWRITTEN DATE: 11/15/2002, CRESTLINE DEVELOPMENT, LLC -
DEVELOPER, GREAT OAKS WATER CO. INC. - OWNER, SHAWN NICKEL-
PLANNER/CONTACT, ENGINEERING NORTHWEST, LLC", Crestline Development, LLC
Developer, submitted for preliminary plat approval and which preliminary plat for approval
application is herein received and adjudged by the City Council pursuant to Meridian City Code
S 12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defmed in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned RUT by Ada County, however, an application for annexation and
zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code S 11-7-2 D]
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 ofprelirninary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELiMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (PP-02-032)
PAGE20f12
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, 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 ifbuilt in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council ofthe Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing ofthe
preliminary plat herein designated as: "PRELIMINARY PLAT NOVEMBER 2002, A PARCEL
OF LAND LOCATED IN THE SEl4 OF THE NW1/4 AND THE SW1/4 OF THE NE1/4 OF
SECTION 10, T.3N., R.l W., B.M., ADA COUNTY, IDAHO, CASTLEBROOK
SUBDIVISION NO.2, JOB NO. 02-060-01, SHEET NO.1,
J:\HEARTLAND _ GREA TOAKS_ 0206001 \ORA WINGS\CASTLEBROOK2]RE.dwg
11/15/2002, HANDWRITTEN DATE: 11/15/2002, CRESTLINE DEVELOPMENT, LLC-
DEVELOPER, GREAT OAKS WATER CO. INC. - OWNER, SHAWN NICKEL-
PLANNER/CONTACT, ENGINEERING NORTHWEST, LLC".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELiMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (pP-02-032)
PAGE 3 of 12
8. Although still under investigation, it is found that sanitary sewer service should
be available to the lots within the proposed subdivision. Sanitary sewer service to this site will
be via a temporary lift station within the Blackstone Subdivision. This station pumps to any
existing gravity sewer main located in Black Cat Road, that then flows to the Ashford Greens
lift station. The Blackstone lift station shall be upgraded or modified, at this developer's
expense, to the City of Meridian's standards and specifications. The applicant will be
responsible to construct lateral sewer mains to and through this proposed development including
and in coordination with the City's Black Cat Trunk Project. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. This development shall be subject
to the Ashford Greens sewer latecomers fees. Black Cat trunk development fee of$I,500.00 per
dwelling unit shall also be assessed against this development. Payment of the trunk
development fees and latecomer fees are required prior to signature on the final plat map by the
City Engineer. Water service shall be from mains installed adjacent to the project site.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
NOVEMBER 2002, A PARCEL OF LAND LOCATED IN THE SEll.. OF THE NW1/4 AND
THE SW1/4 OF THE NE1/4 OF SECTION 10, T.3N., R.1W., B.M., ADA COUNTY, IDAHO,
CASTLEBROOK SUBDIVISION NO.2, JOB NO. 02-060-01, SHEET NO.1,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELiMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (pP-02-032)
PAGE 4 of12
J:\HEARTLAND _ GREA TOAKS _ 0206001 \ORA WINGS\CASTLEBROOK2 ]RE.dwg
11/15/2002, HANDWRITTEN DATE: 11/15/2002, CRESTLINE DEVELOPMENT, LLC-
DEVELOPER, GREAT OAKS WATER CO. INC. - OWNER, SHAWN NICKEL-
PLANNER/CONTACT, ENGINEERING NORTHWEST, LLC ", Crestline Development, LLC,
Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. A five-foot wide asphalt pathway shall be constructed on the NMID property
north ofthe proposed subdivision, connecting to the two proposed micro-
paths within the proposed subdivision to the new culvert and footbridge to be
built by the developer over Ten Mile Creek. A signed license agreement with
NMID shall be provided by the applicant allowing the construction of the
pathway and the culvert/footbridge prior to the signature of the final Plat for
the first phase ofthe development. The pathway and culvert shall be
constructed prior to the issuance of the first Certificate of Occupancy Permit
of any lots adjacent to the pathway.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows (as modified by the Planning and Zoning Commission):
SITE SPECIFIC COMMENTS 1 PRELIMINARY PLAT
I. Water service to this site shall be via main line extensions from the existing
mains adjacent to the property. The applicant shall be required to extend water
mains to and through the proposed development, thereby making them available to
the adjacent properties (including stub streets and El Gato Road.)
2. Although still under investigation, staff finds that sanitary sewer service
should be available to the lots within the proposed subdivision. Sanitary sewer
service to this site will be via a temporary lift station within the Blackstone
Subdivision. This station pumps to an existing gravity sewer main located in Black
Cat Road, that then flows to the Ashford Greens lift station. The Blackstone lift
station shall be upgraded or modified, at this developer's expense, to the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDMSION NO.2 1 (pP-02-032)
PAGE 5 of12
Meridian's standards and specifications. The applicant will be responsible to
construct lateral sewer mains to and through this proposed development including
and in coordination with the City's Black Cat Trunk Project. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. This
development shall be subject to the Ashford Greens sewer latecomers fees. Black
Cat trunk development fee of $1,500.00 per dwelling unit shall also be assessed
against this development. Payment of the trunk development fees and latecomer
fees are required prior to signature on the final plat map by the City Engineer.
3. Underground vear-round pressurized irrigation must be provided to all lots
within this development. If the pressurized irrigation system within this
development is to remain a private Homeowners Association system, complete plans
and specifications shall be reviewed by the Public Works Department as part of the
development plan review process. Adraft copy ofthe 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. Applicant shall be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the [mal plat by the
Meridian City Engineer.
4. A detailed fencing plan shall be submitted upon application of the final plat.
Fencing adjacent to the micro-path shall be constructed by the developer, in
accordance with the Landscape Ordinance (MCCI2-13-15-9). A solid 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 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. Required landscaping trees will not be considered
as replacement trees for those trees that have to be removed.
6. Add or revise the following preliminary plat notes:
(5.) All interior water mains shall be 8"(2), and exterior mains shall be
12"(2) unless otherwise shown.
(6.) Pressurized irrigation system to be flreviaeEl owned and operated by?
(11.) Direct lot access to El Gato shall be prohibited unless specifically
permitted by ACHD and the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (PP-02-032)
PAGE 6 of 12
(12.) Any re-subdivision ofthis plat shall be in compliance with the most
recently approved subdivision standards ofthe City of Meridian.
(13.) 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.
7. Any drainage areas (detensioniretension basins) must be designed to
ensure that water is retained only during 100-year storm events, and for a period
oftime not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3: 1.
8. A detailed landscape, in compliance with the landscape ordinance shall be
submitted for the subdivision at least ten days prior to the next public hearing for
this project.
9. Graphically depict the FEMA flood plain boundary adjacent to the Ten Mile
Creek. Note restrictions associated with the flood zone on the face of the
preliminary plat.
GENERAL COMMENTS
1. Submit a copy of the Ada County Street Name Committee's approval letter
for the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 11 0% will be required for
all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the [mal plat.
4. Two-hundred, and one-hundred-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.
5. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being subdivided
shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDMSION NO.2 1 (PP-02-032)
PAGE 7 of12
on the site plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of
said approval submitted to the Public Works Department.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
I. Extend El Gato Street at the southwest property line (at the mid mile), as
proposed. Construct El Gato Street as one half of a 36-foot street section with
vertical curb, gutter and 5-foot concrete sidewalk, plus 12-feet of additional
pavement within 40-feet of right-of-way. Direct access to El Gato Street is
restricted. This restriction shall be noted on the [mal plat.
2. Construct the remaining roadways as 36-foot street sections with rolled
curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way.
3. Extend Dover Street from the west property line approximately 540-feet
north ofthe south property line, as proposed.
4. Construct Dover Street as a stub street to the east property line
approximately 485-feet north ofthe south property line, as proposed. Install a
sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
5. Construct five knuckles (without center islands) throughout the
subdivision, as proposed.
6. Construct two turnarounds (without center islands) in the subdivision, as
proposed. Provide a minimum turning radius of 45-feet.
7. Construct two islands within Carisbrooke Avenue, as proposed. Provide
a minimum of21-feet from the back of the islands curb to the back of the
roadway curb. Any proposed landscape islandslmedians within the public right-
of-way dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
8. Unless otherwise approved by the District, direct lot access to El Gato
Street shall be prohibited. This shall be noted on the final plat.
9. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDMSION NO.2 1 (pP-02-032)
PAGE 8 of 12
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 sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. 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.
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 ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho 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 #195, 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
mGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (PP-02-032)
PAGE 9 of12
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 subj ect 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 ofthe subject property unless a
waiverlvariance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per
minute available for a duration of2 hours to service the entire project. Fire hydrants
shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. All radii shall be 28' inside and 48' outside radius for all internal roads.
6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1
7. A minimum of two points ofaccess will be required for any portion of the project,
which serves more than 50 homes. UFC 902.2.1
8. A temporary second point 0 f access may b e required as a result of the
phasing of the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (PP-02-032)
PAGE 10 of12
E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. File a Land Use ChangelSite Application with the Nampa& Meridian
Irrigation District.
F. Adopt the Recommendations ofthe 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
proj ect shall obtain current best management practices for stormwater disposal
and design a stormwater management system that prevents groundwater and
surface water degradation.
G. Adopt the action of the City Council taken at their April 15, 2003 meeting as follows:
I. For clarification, either an open vision fence or a maximum four foot solid fence
shall be constructed along all the lots on the north boundary which are adjacent to
the pathway.
2. The homeowner's association shall own and maintain the pathway that runs
along the Ten Mile Creek, and which crossing from Castlebrook Subdivision to
Fuller Park shall be a culvert.
3. The pathway shall be constructed prior to the issuance of the first Certificate of
Occupancy Permit of any lots adjacent to the pathway. Additionally, both
accesses shall be built at the same time for safety issues and for better visual
access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDIVISION NO.2 1 (PP-02-032)
PAGE 11 of12
4. The applicant shall obtain a License Agreement with the Nampa & Meridian
Irrigation District for the pathway and culvert prior to the City signature of the Final
Plat for the first phase of the development.
By action ofthe City Council at its regular meeting held on the
day of M~ ,2003.
ROLL CALL
61'!J.-
COUNCILMAN BIRD
VOTED ~
COUNCILWOMAN deWEERD
VOTED ~
COUNCILWOMAN McCANDLESS
VOTED~
COUNCILMAN NARY
VOTED ~
MAYOR ROBERTD. CORRIE
(TIE BREAKER)
VOTED
Attest:
By:c:II~~~J9- Dated: S-7-()3~ ~ SEAL,; :
City Clerk %. '1A ~r _." .0 j
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CASTLEBROOK SUBDMSION NO.2 1 (PP-02-032)
PAGE 12 of12