HomeMy WebLinkAboutTimberfalls Sub PP 03-002BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 04/22/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR TIMBERFALLS
SUBDIVISION FOR 50 BUILDING
LOTS AND 6 OTHER LOTS ON
14.31 ACRES LOCATED ON THE
SOUTH SIDE OF USTICK ROAD,
APPROXIMATELY'/: MILE WEST
OF LOCUST GROVE ROAD,
MERIDIAN, IDAHO
Case No. PP-03-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: DAN WOOD, APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on Apri122, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, and Shawn Nickel, appeared and testified, and the City Council having
received a report from Steve Siddoway Planner II, David McKinnon Planner II and Sonya Allen
Planner I for the Planning and Zoning Department, 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 "TIMBERFALLS SUBDIVISION PRELIIvIINARY PLAT, A PORTION
OF SECTION 6, T.3N., R.2E., BM, E. USTICK ROAD, TIMBERFALLS SUBDIVISION,
PRELIMINARY PLAT, DATE: 12/16/02, REVISED: 2/24/03 AND HANDWRITTEN DATE:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIMBERFALLS SUBDMSION / (PP-03-002)
PAGE 1 OF 13
3/10/03, STAMPED DATE: RECEIVED MAR 10 2003 CITY OF MERIDIAN CITY CLERK
OFFICE, SHEET: 1 OF 1, C:\DANWOOD\WOODPRE.DWG, WANDA STEWART -
OWNER/DEVELOPER, PLANNER/CONTACT - SHAWN L. NICKEL, JOHNSON
ENGINEERING", Dan Wood, 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 § 12-3-3. Therefore the City Council makes the following
findings:
FINDINGS OF FACT
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 defined 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 § 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 of preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIMBERFALLS SUBDIVISION / (PP-02-025)
PAGE 2 OF 13
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 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.
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "TIMBERFALLS SUBDIVISION PRELIMINARY PLAT,
A PORTION OF SECTION 6, T.3N., R.2E., BM, E. USTICK ROAD, TIMBERFALLS
SUBDIVISION, PRELIMINARY PLAT, DATE: 12/16/02, REVISED: 2/24/03 AND
HANDWRITTEN DATE: 3/10/03, STAMPED DATE: RECEIVED MAR 10 2003 CITY OF
MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 1, C:\DANWOOD\WOODPRE.DWG,
WANDA STEWART - OWNER/DEVELOPER, PLANNER/CONTACT - SHAWN L.
NICKEL, JOHNSON ENGINEERING".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIMBERFALLS SUBDIVISION / (PP-02-025)
PAGE 3 OF 13
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 "TIMBERFALLS
SUBDNISION PRELIMINARY PLAT, A PORTION OF SECTION 6, T.3N., R.2E., BM, E.
USTICK ROAD, TIMBERFALLS SUBDIVISION, PRELIMINARY PLAT, DATE: 12/16/02,
REVISED: 2/24/03 AND HANDWRITTEN DATE: 3/10/03, STAMPED DATE: RECEIVED
MAR 10 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET: 1 OF 1,
C:\DANWOOD\WOODPRE.DWG, WANDA STEWART - OWNER/DEVELOPER,
PLANNER/CONTACT - SHAWN L. NICKEL, JOHNSON ENGINEERING", Dan Wood,
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 modified by the Planning and Zoning Commission) as follows:
SITE SPECIFIC CONDITIONS OF APPROVAL PRELIMINARY PLAT
1. Sanitary sewer service to this site shall be via main line extensions from
mains installed in the adjacent properties.
2. Domestic water service to this site shall be via main line extensions from
mains installed adjacent to the property.
3. The applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Nampa Meridian Irrigation
District. Underground vear-round pressurized irrigation must be provided to
all lots within this development. The City of Meridian requires that
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIIvIBERFALLS SUBDIVISION / (PP-02-025)
PAGE 4 OF 13
pressurized irrigation systems be supplied by a yeaz-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 berequired. If asingle-
point connection is utilized, the developer, shall be responsible for the
payment of assessments for the common azeas prior to signature on the final
plat by the Meridian City Engineer.
4. A detailed fencing plan shall be submitted upon application of the fmal plat.
Permanent perimeter fencing shall be required around the subdivision unless
the City agrees in writing that such a fence is not required.
5. A variance shall be submitted by the applicant to allow blocks within the
subdivision to exceed the maximum and minimum block lengths required by
MCC 12-4-5. Ifthe City Council denies the variance request, the preliminary
plat will need to be revised and remanded back to the Planning and Zoning
Commission for additional review.
6. A revised landscape plan shall be submitted with the Final Plat application.
The applicant has provided a letter stating preliminary approval from NMID
that will allow the developer to encroach into the 35' wide easement with
fencing for the backyards of Lots 1-6, Block 5 and Lots 4-6 of Block 4. If a
license agreement between the applicant and NMID is finalized the back
(south) lot lines shall be set at the encroachment line, with the remaining
portion of the easement in a common lot to be owned and maintained by
either the HOA or the Irrigation District.
If a license agreement is not obtained from NMID, the lots will need to be
re-configured and a 35' wide common lot within the easement will need to
be created.
8. The waterway adj acent to the western boundary of the subject properly must
be tiled per MCC 12-4-13.
9. Construct hard-surfaced pathways, a minimum of one lot in depth, leading
into the open common lot (Lot 6, Block 3). In the following locations; the
northern boundary of Lot 1, Block 3; between Lots 5 & 7, Block 3; between
Lots 11 & 12, Block 3 and between Lots 15 & 16, Block 3. These pathways
are not required to be incompliance with landscaping and fencing
requirement s of MCC 12-13-15 (Micro-path Landscaping).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIIvIBERFALLS SUBDNISION / (PP-02-025)
PAGE 5 OF 13
10. Fencing adjacent to the central open space lot (Lot 6, Block 3) is to be no
more than 4' in height if solid material is used, with the allowance of a 2'
lattice to be placed on top of the fence, or 6' tall ifthe fence is constructed of
an o pen v ision m aterial. A n ote s hall b e added to the face of the plat
reflecting the fencing requirement adjacent to Lot 6, Block 3.
11. Submit all updated groundwater study data for review by the Public Works
Department. If depth to groundwater becomes an issue in this subdivision
and DEQ, or other regulatory agency, requires impermeable surfacing in the
storm water detention areas, such areas shall not be counted toward the
required open space calculation.
12. Unless a waiver is granted by Council, the applicant shall be responsible to
file all irrigation ditches, laterals, and canals per MCC 12-4-13.1.
13. If the maintenance of any common lots within the subdivision is to be the
responsibility of anyone other than the HOA, a note shall be added to the
face of the plat indicating who the responsible parry shall be. Written
documentation of acceptance of the maintenance of the common lot(s) from
the responsible party (if other than the HOA), shall be submitted to the City
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 of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for
all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat.
4. Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8.
5. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights
will be required at locations designated by the Public Works Department. All
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
TIMBERFALLS SUBDIVISION / (PP-02-025)
PAGE 6 OF 13
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.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the areabeing subdivided
shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owner's),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, plans will be reviewed and
approved by the meridian City Engineer prior to final plat signature.
7. Submit all updated groundwater/soils reports to the Public Works
Department for review. Any drainage areas (detention/retention basins) 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.
8. Any tree over 4" in caliper t hat i s r emoved 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.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. Remove any existing domestic wells and/or septic systems within this
project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
11. 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.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
B. Adopt the Recommendations of ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIMBERFALLS SUBDNISION / (PP-02-025)
PAGE 7 OF 13
Site Soecific Conditions of Approval
1. Dedicate 48-feet ofright-of--way from the centerline of Ustick Road
abutting the parcel by means of a warranty deed. The right-of--way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of--way dedicated which is an addition to existing ACHD right-of--way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #196), if funds are available.
OR
Dedicate 38-feet ofright-of--way from the centerline of Ustick Road abutting the
parcel by means of a warranty deed and provide an easement for the sidewalk.
The right-of--way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the
right-of--way dedication after receipt of all requested material. The owner will be
paid the fair market value of the right-of--way dedicated which is an addition to
existing ACHD right-of--way if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #196), if funds are
available.
2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-
of-way. If the sidewalk meanders outside of the right-of--way, provide the
District with an easement for the sidewalk.
3. Construct the main entrance, East Stormy Drive, to intersect with Ustick
Road approximately 110-feet east of the west property line, as proposed.
4. Construct the internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalk, as proposed.
5. Extend East Edgar Street from the west property line approximately 280-
feet south of Ustick Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
TIMBERFALLS SUBDIVISION / (PP-02-025)
PAGE 8 OF 13
6. Extend North Starling Way from the south property line approximately
300-feet east of the west property line, as proposed.
7. Extend East Sharptail Street from the east property line approximately
525-feet south of Ustick Road, as proposed.
8. Construct one cul-de-sac tumazound within the subdivision, as proposed.
Provide a minimum fuming radius of 45-feet for the North Muledeer Place cul-
de-sac.
9. Construct two knuckles throughout the subdivision, as proposed.
Construct the island within the knuckle to be a minimum of 4-feet wide with a
minimum area of 100-squaze feet and designed to safely channel traffic and
maintain a minimum of a 29-foot street section.
10. Construct a center island within the East Stormy Drive right-of--way, as
proposed. Provide a minimum of a 21-foot street section (measured from back-
of-curb to back-of--curb) on either side of the island.
11. Any proposed landscape islands/medians within the public right-of--way
dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
12. Other than access points specifically approved with this application,
direct lot access to Ustick Road is prohibited. Notes of the access restrictions are
required on the final plat.
13. Comply with all Standard Conditions of Approval.
Standard Conditions of Aouroval
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
TINIl3ERFALLS SUBDIVISION / (PP-02-025)
PAGE 9 OF 13
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 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
constntcrion 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 ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TI1I~ERFALLS SUBDIVISION / (PP-02-025)
PAGE 10 OF 13
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.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require afire-flow of 1,000 gallons per
minute available for durafion 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.
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
azound.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Insure that all yet undeveloped parcels aze maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
Applicant shall apply for a land use change/site application.
2. The District's Stokesberry Lateral courses along the south boundary of
the project. The easement of the Stokesbeny Lateral must be protected
and all storm drainage must be retained on site.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELINHNARY PLAT
TIMBERFALLS SUBDIVISION / (PP-02-025)
PAGE 11 OF 13
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 azchitects 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.
F. Adopt the action of the Council taken at their Apri122, 2003 meeting as follows:
For clarification, pertaining to the centrally located pazk, the applicant has
agreed to pave portions of the pathways so that residents outside the area
know the pathway is a useable pathway.
2. The applicant has agreed to restrict fence height to not more than four feet
(solid) or six feet (open vision) for any yards abutting the open space or
pathways.
By action of the City Council at its regular meeting held on the ~~
day of Q NH , 2003.
ROLL CALL
COUNCILMAN BIltD VOTED_y~~
COUNCILWOMAN deWEERD
VOTED'
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
VOTED
VOTED ~ ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIMBERFALLS SUBDIVISION / (PP-02-025)
PAGE 12 OF 13
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
Attest:
G. Berg, Jr.,
Copy served upon Applicant, The
Department and City Attorney.
VOTED '~
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B~A.L
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
TIMBERFALLS SUBDIVISION / (PP-02-025)
PAGE 13 OF 13
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