HomeMy WebLinkAboutAutumn Faire Subdivision No. 2 PP-00-023BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 12/04/0
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR AUTUMN FAIRE
SUBDIVISION NO. 2,
LOCATED EAST OF NORTH
BLACK CAT ROAD AND
SOUTH OF WEST USTICK
ROAD, MERIDIAN, IDAHO
BY: GEMSTAR PROPERTIES,
LLC,
APPLICANT
Case No. PP-00-023
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 December 4, 2001, and David McKinnon, Planner for the Planning
and Zoning Department, appeared and testified, and appearing and testifying on
behalf of the Applicant was Scott Stanfield with Earl and Associates, and appearing
and testifying with comments and/or concerns were: Sam Johnson, Regina Johnson
and Monte Janicek, and the City Council having received a report from Brad
Hawkins-Clark, Planner for the Planning and Zoning Department, and Bruce
Frecldeton, Engineering Technician III, and the City Council having received as part
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023) 1
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,
AUTUMN FAiRE CROSSING SUBDIVISION, A PART OF THE NE t/4 SEC. 4, T
3 N, R 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, DRAWING TITLE:
AUTUMN FAIRE CROSSING SUBDIVISION PRELIMINARY PLAT, JOB NO.
0C0999, DWG NO. 00099901PP4, DESIGNED BY: rss, DRAWN BY: dmh, 7-24-
00, SHEET NO. 1 of 1, STAMPED DATE: RECEIVED NOV 16 2001 CITY OF
MERIDIAN CITY CLERK OFFICE, CLIENT: GEMSTAR PROPERTIES, L.L.C.,
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
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 Low Density Residential District (R-
4), and requires connection to the Municipal Water and Sewer System. [Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023)
2
City Code § 11-7-2 K]
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December 2 l, 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 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.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as: "PRELIMINARY PLAT, AUTUMN
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023)
3
FAIRE CROSSING SUBDIVISION, A PART OF THE NE 1/4 SEC. 4, T 3 N, R 1
W, B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, DRAWING TITLE:
AUTUMN FAIRE CROSSING SUBDIVISION PRELIMINARY PLAT, JOB NO.
0C0999, DWG NO. 00099901PP4, DESIGNED BY: rss, DRAWN BY: dmh, 7-24-
00, SHEET NO. 1 of 1, STAMPED DATE: RECEIVED NOV 16 2001 CITY OF
MERIDIAN CITY CLERK OFFICE, CLIENT: GEMSTAR PROPERTIES, L.LC.,
DEVELOPER".
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, AUTUMN FAIRE CROSSING SUBDIVISION, A PART OF THE NE 1/4
SEC. 4, T 3 N, R 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO 2001,
DRAWING TITLE: AUTUMN FAIRE CROSSING SUBDIVISION PRELIMINARY
PLAT, JOB NO. 0C0999, DWG NO. 00099901PP4, DESIGNED BY: rss, DRAWN
BY: dmh, 7-24-00, SHEET NO. 1 of 1, STAMPED DATE: RECEIVED NOV 16
2001 CITY OF MERIDIAN CITY CLERK OFFICE, CLIENT: GEMSTAR
PROPERTIES, L.L.C., DEVELOPER" is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023) 4
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
2.1
Applicant provided a new net density calculation under the
"Development Data" section on the face of the preliminary plat with 2.6
dwelling units per acre. The gross density remains the same as the
original plat, but it appears the net density will change from the original
plat submission.
2.2
No street name is shown for the north-south local along the west side of
the city park lot that stubs to the west boundary. Submit a revised
Preliminary Plat prior to the City Council meeting showing a street
name for this street. Submit letter from the Ada County Street Name
Committee, approving a street name for this street with the final plat
application.
2.3
The Sky Pilot Drain has a 100-foot wide easement, 50 feet from the
center line. The Ordinance requires to pipe this drain underground. A
pedestrian pathway is being constructed on the north side of the drain
in Autumn Faire # 1. The drain's centerline is not clearly delineated on
the plat, but it appears that portions of residential lots in Block 1 on the
north side of N. O'Conner Avenue are within said easement. Prior to
the City Cotmcil hearing on the subject Final Plat, submit a copy of an
encroachment agreement with NMID approving this encroachment, or
reconfigure the lots to the edge of the easement line if the encroachment
is not allowed for the entire 50-feet. If the latter is the case, create a
common area lot covering the balance of the easement width.
2.4
An encroachment agreement shall also be submitted prior to the City
Council hearing on the Final Plat for the Stafford Lateral, which effects
six (6) residential lots in Blocks 2 and 3. To date, the only reference
NMID has made to the Stafford is in Mr. Henson's 11-4-00 letter that
states that "all right-of-way must be protected." Prior to the City
Council hearing on the subject Final Plat, submit a copy of an
encroachment agreement with NMID approving this encroachment, or
reconfigure the lots to the edge of the easement line if the encroachment
is not allowed for the entire 30-feet. If the latter is the case, create a
common area lot covering the balance of the easement width.
2.5 There are two (2) residential lots directly south of the city park lot,
numbered Lots 1 and 2, Block 2. However, they are shown as a stand-
along block with stub streets on both ends. Applicant has tariffed that
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023) 5
these lots are intended to be a separate block.
2.6
A detailed landscape plan for Lot 6, Block 4 (the multi-use drainage lot)
shall be submitted for review and approval with the Final Plat
application. Applicant shall clarify for the P&Z Commission
conceptually how this lot shall be landscaped.
2.7
Add a new note to the plat stating that Lot 6, Block 4 is a non-buildable
lot to be owned and maintained by the homeowner's association and
other pertinent public notes.
2.8
The developer and/or the Autumn Faire Crossing Homeowner's
Association shall take full responsibility for any future costs and
handling any complaints that may result from the temporary lift station
located on Lot 6, Block 4. It is possible that this station may generate
an odor, noise or other nuisance and the City of Meridian shall not be
responsible for any such nuisance complaints.
2.9
2.10
Applicant shall re-submit a copy of the subject revised Preliminary Plat
to the Ada County Highway District for their review and comment,
particularly the addition of the new local street along the west
boundary. Should ACHD's comments result in any modification to the
plat as presented to the City of Meridian, the Applicant shall re-submit
a revised Preliminary Plat showing the ACHD-required changes.
The un-named street along the west boundary of the park is stubbed to
the west property line at a fairly acute angle. Ordinance 12-4-2.E. 1.
requires that streets intersect at 900 angles, and not less than 700. While
this can be accomplished in this location, it will create an odd
intersection, especially at the entrance to a new subdivision.
2.11 Remove the "optional Sewer Route" crossing the park lot.
2.12
The temporary lift station shall be designed to the City of Meridian's
standards and specifications. The developer and/or homeowner's
association shall retain ownership and maintenance responsibilities of
the lift station. The developer may enter into an operation and
maintenance agreement with the City of Meridian. Applicant shall be
responsible to construct lateral sewer mains to and through this
proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Worlcs Department. Applicant shall comply
with Section 5.9 of the Development Agreement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023)
6
2.13
Water service to this site shall be via extensions from existing mains
being proposed in the Autmrm Faire Subdivision. 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 Works Department. Water sevcice to this
development is contingent upon the timing of being able to obtain the
land for, and put into serve a future well within Autumn Faire
Subdivision. Flow and pressure from the existing mains shall be
monitored with the Meridian Water Department.
2.14
Underground year-round pressurized irrigation shall be provided to all
landscape areas on site, including the paris lot. 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 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.
2.15
Applicant has indicated in Note #5 on the preliminary plat face that the
pressurized irrigation system within this development is to be owned
and maintained by the Nampa & Meridian Irrigation District. 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, 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 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.
2.16
All lots within this development shall be subject to the applicable
latecomers fees on the existing Ashford Greens sanitary sewer lift station
and water main extension. Payment of all applicable latecomers fees for
this subdivision shall be required prior to signature on the final plat.
2.17
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.
2.18 Six-foot-high, solid, perimeter subdivision fencing shall be required,
unless agreed to otherwise in writing by the Planning Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-O0-023)
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Applicant shall also coordinate with the Meridian Parks Department
regarding the type of and responsible party to construct the fencing
along the south boundary of Lot 3, Block 4, adjacent to the park.
Submit detailed fencing plans for review and approval with submittal of
the Final PIat, incorporating the Park Department's requirements. 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. Applicant shall comply with fencing
requirements according to micro-path standards, and such micropath
fence standards shall apply adjacent to the park and pathway(s), unless
modified by Council action during the final plat. Standard 6-foot cedar
fencing is allowed in other areas.
Adopt the Meridian Fire Department Recommendations as follows:
2.19 Applicants shall satisfy all fire code requirements including those
pertaining to water supply systems and fire hydrants.
2.20 All roads shall be installed before building is started with appropriate
street name signs.
Adopt the Recommendations of Central District Health as follo~vs:
2.21
The Applicant's central sewage and central ~vater plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.22 Run-off is not to create a mosquito breeding problem.
2.23
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.24
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 ACHD Recommendations as follows:
2.25 Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023)
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feet of fight-of-way.
2.26
Extend Dayside Avenue into the site at the north property line bet~veen
Lot 1, Block 1 and Blodc 4 (the neighborhood park) from the Autumn
Faire Subdivision.
2.27
Extend O'Conner Avenue into the site at the south property line from
the Turnberry Crossing Subdivision and remove the fence that was
constructed across the right-of-way of O'Conner Avenue as a part of the
Turnberry Crossing Subdivision.
2.28
Stub at the south property line between lot 2 and 3 and block 2, as
proposed. District policy requires a paved temporary turnaround for a
stub street with greater than ]50-feet of frontage, or frontage on two
lots. The proposed stub street does not require a turnaround. The
applicant shall be required to 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, and the design
of the turnaround with District staff.
2.29
Stub to the south property line between Lot 1, block 2, and lot 1, block
3 as proposed. District policy requires a paved temporary turnaround
for a stub street with greater than 150-feet of frontage, or frontage on
two lots. The proposed stub street does not require a turnaround. The
applicant shall be required to 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, and the design
of the turnaround with District staff.
2.30
Stub the north/south roadway (which is currently unnamed) at the east
end of Morning Side Way to the west property line. Provide a paved
temporary turnaround at the west end of the stub with a temporary
easement provided to the District. The applicant shall be required to
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, and the design of the turnaround with District staff.
2.31
Construct a lmuclde on the northwest corner of Willow Side Avenue
and O'Com~er Avenue, as proposed. The applicant shall be required to
construct a traffic island in the knuclde, which should be a minimnm of
4-feet wide with a minimum area of 100-square feet and designed to
safely channel traffic. The roadway around the traffic island shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-O0-023)
9
maintain a minimum of a 29-foot street section. The design shall be
reviewed and approved by ACHD's Planning and Development staff.
2.32
Construct a knuclde on the north/south roadway at the east end of
Morning Side Way. The applicant shall be required to construct a
traffic island in the lmuclde, which should be a minimum of 4-feet wide
with a minimum area of 100-square feet and designed to safely channel
traffic. The roadway around the traffic island shall maintain a
minimum of a 29-foot street section. The design shall be reviewed and
approved by ACHD's Planning and Development staff.
2.33
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.
2.34 All turnarounds shall be constructed to provide a minimum turning
radius of 45-feet.
2.35 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
2.36 Any existing irrigation facilities should be relocated outside of the right-
of-way.
2.37
If utility relocation is necessary to construct improvements required
with this development, then all utility relocation costs associated with
improving street frontages abutting the site should be borne by the
developer.
Adopt the Nampa & Meridian Irrigation District's requirements as follows:
2.38 A Land Use Change application and a complete set of plans are
required.
2.39
Written approval for any encroachments and drainage are also required
and a signed License Agreement shall be in place before any
construction begins.
Additionally, the Applicant shall comply with the action of the City Council
taken at their December 4, 2001 meeting as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023)
10
2.40 Applicant shall have the project fully fenced, including across the stub
streets, both to the south and to the west.
By action ~,f the City Council at its regular meeting held on the
day of 4~'£m~,-~ ,200I.
ROLL CALL
COUNCILMAN ANDERSON
VOTED
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED
Copy served upon Applicant, The
Works Department and City
and Zoning Department, Public
City Clerk
,/
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
AUTUMN FAIRE SUBDIVISION NO. 2 / (PP-00-023)
11