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HomeMy WebLinkAboutSilhouette Subdivision PP-01-021BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/05/02 iN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR THE PROPOSED SILHOUETTE SUBDIVISION, LOCATED EAST OF NORTH MERIDIAN ROAD AND SOUTH OF EAST USTICK ROAD, MERIDIAN, IDAHO BY: TYLER TORKELSON, APPLICANT Case No. PP-01-021 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 February 5, 2002, and Shaft Stiles, Planning and Zoning Administrator, Richard Pavelek, and Joseph Moyle, appeared and testified, and the City Council having received a report from David Mclrdnnon, Planner for Planning and Zoning, and Bruce Frecldeton, 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 "LANDSCAPE PLAN FOR SILHOUETTE SUBDIVISION, A PORTION OF GOVERNMENT LOT 4, LYING IN THE NWl/4, SECTION 6, T.3N., R. 1E., B.M., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 1 MERIDIAN, ADA COUNTY, IDAHO, LANDSCAPE PLAN TOWNHOUSE DEVELOPMENT SILHOUETTE SUBDIVISION, N. MERIDIAN ROAD, MERIDIAN, IDAHO, DATED: 1-14-02, DRAWN BY: JDR, CHECKED BY: T.L.S., SHEET: L10, SOUTH LANDSCAPE,", 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 I. 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 Medium Density Residential District (R-8), 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 Comprehensive Plan 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION /(PP-01-021) 2 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: "LANDSCAPE PLAN FOR SILHOUETTE SUBDIVISION, A PORTION OF GOVERNMENT LOT 4, LYING IN THE NWl/4, SECTION 6, T.3N., R. 1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, LANDSCAPE PLAN TOWNHOUSE DEVELOPMENT SILHOUETTE SUBDIVISION, N. MERIDIAN ROAD, MERIDIAN, IDAHO, DATED: 1-14-02, DRAWN BY: JDR, CHECKED BY: T.L.S., SHEET: L10, SOUTH LANDSCAPE". DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 3 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 ,vhich are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "LANDSCAPE PLAN FOR SILHOUETTE SUBDIVISION, A PORTION OF GOVERNMENT LOT 4, LYING IN THE NWl/4, SECTION 6, T.3N., R. 1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, LANDSCAPE PLAN TOWNHOUSE DEVELOPMENT SILHOUETTE SUBDIVISION, N. MERIDIAN ROAD, MERIDIAN, IDAHO, DATED: 1-14-02, DRAWN BY: JDR, CHECICED BY: T.L.S., SHEET: L10, SOUTH LANDSCAPE" is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: Sanitary sewer and water service to this site shall be via new main line extensions from the existing mains adjacent to the property. The two existing dwellings along N. Meridian Road shall take water and sewer service from existing service lines in N. Meridian Road. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, 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. 3. The submitted landscape plan shall meet the requirements of the Meridian City Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 4 I0. A note shall be added to the face of the plat stating, "The Home Owners Association shall responsible for the maintenance of all common lots." Underground year-round pressurized irrigation shall be provided to all landscape areas on site. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa St 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. The preliminary plat map shall be revised by the applicant to include two additional lots: a separate lot for the existing duplex and a separate lot for the existing single-family dwelling. The applicant shall submit 10 copies of the revised preliminary plat. The existing sidewalks along North Meridian Road shall be protected and maintained. A new five-foot wide sidewalk shall be installed within the subdivision in accordance with the Meridian City Code. No fencing plans were submitted with the preliminary plat. A fence shall be required along the east, north, and south property lines of the subdivision to separate the subdivision from the agricultural land to the east and south. A fence shall be installed across the stub street to the south. Fencing adjacent to open space shall not be sight obscuring if over 4 feet in height. Fencing details shall be submitted. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping plan for the final plat. A letter of credit or cash in the amount of 110% shall be required for these improvements prior to signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021 ) 5 11. All of the required street buffer landscaping shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. 12. 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 shall not be considered as replacement trees for those trees that have to be removed. 13. Assessment fees for water and sewer service are determined during the building plan review process. 14. Applicant shall obtain a letter from the, Ada County Highway District, and the Meridian Fire Department stating their position on the proposed turnaround location and size by the City Council Meeting. 15. Applicant shall supply the Public Works Department with a groundwater observation program summary report as prepared by Strata Geotechnical Engineering & Materials Testing prior to development plan approval. 16. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. 17. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 18. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 19. If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Meridian Fire Department Recommendations as follows: 20. A fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 6 21. average of 400' apart at approved locations. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 22. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 23. Final approval for fire hydrant location shall be by the Meridian Fire Department. 24. All turning radii shall be a minimum of 28' inside and 48' outside. 25. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 26. The roadways shall be built to Ada County Highway standards. 27. The proposed 22-1ot subdivision with an estimated 2.8 residents per household would have a total estimated population of 61 residents at built out. 28. The units shall be individually addressed ~vith 6" numbers. 29. An approved turnaround shall be required for a road ~vhich is greater than 150' in length. Adopt the Recommendations of the Central District Health Dept as follows: 30. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Div/sion of Environmental Quality. 31. Run-off is not to create a mosquito breeding problem. 32. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface ~vater quality. 33. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm~vater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 7 Adopt the Recommendations and Special Recommendation of the Ada County Highway District as follows: 34. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance # 195. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 35. The applicant is proposing to construct the main entrance to the subdivision on Meridian Road, located approximately 200-feet south of the north property line which aligns with Sedgwick Drive, the entrance to Salisbury Subdivision on the west side of Meridian Road. Streets or driveways on arterials shall align offset a minimum of 150-feet from any other street or driveway. 36. The applicant is proposing to construct a lmuclde on the east side of West Sedgewick Drive as it turns into North Richter Avenue. The applicant is proposing that North Richter Avenue stub to the south property line approximately 115-feet west of the east property line. 37. The applicant is proposing to construct a knuckle on the east side of West Sedgewick Drive as it turns into North Richter Avenue. The applicant is proposing that North Richter Avenue stub to the south property line approximately 115-feet west of the east property line. Temporary turnarounds at the end of the stub streets that serve more than one lot, or are greater thatn 150-feet in length are required. 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, if necessary, with District staff. 38. The applicant is proposing to construct a non-circular temporary turnaround approximately 75-feet north of the terminus of the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 8 North Richter Avenue and the south property line. Subnfit a design of the turnaround for review and approval by District staff. 39. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections ~vith curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right- of-way. 40. Replace unused curb cuts on Meridian Road with standard 5-foot wide concrete sidewalk to match the existing improvements. 41. Replace or repair any damaged curb, gutter, and/or sidewalk on Meridian Road to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 42 .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. 43. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 44. 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 shall be borne by the developer. 45. Any existing irrigation facilities shall be relocated outside of the right-of- way. Other than the access point specifically approved with this application, direct lot or parcel access to Meridian Road is prohibited. Access restrictions shall be noted on the final plat. 47. Additionally, Applicant shall comply with all of ACHD's Requirements within their November 29, 2001 Development Application Report. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 48. The District's Onweiler Lateral courses along the north boundary of the project. The easement for the Onweiler Lateral shall be protected; any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 9 encroachments without approved plans and a signed License Agreement are unacceptable. Adopt the Recommendations of the Central District Health Department as follows: 49. Submit written approval from the appropriate entities, and submittal of plans for approval by the Idaho Department of Health & Welfare, Division of Environmental Quality, the Applicant shall be approved for central sewage and central water. 50. Run-off shall not create a mosquito breeding problmn. 51. It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 51.1 State of Idaho Catalog of Storm~ater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 51.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Additionally, the Applicant shall comply with the requirements of the City Council from their February 5, 2002 meeting as follows: 52. The two existing homes on the property shall be included as lots within the subdivision, and the total number of buildable lots shall be 21. 53. As shown within the new Landscape Plan, dated 1-14-02 and ~vhich shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along the Meridian Road 54. The turnaround for emergency vehicles shall be asphalt paved, shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 10 included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivision. 55. Pertaining to open space, developer shall pipe the Onweiler Lateral which will provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 56. By action of the City Council at its P- 3 ,2oo2. ROLL CALL COUNCILMAN BIRD Submit a new, revised Preliminary Plat, regular meeting held on the //(/~day of VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(.ZR) ~-~ [~Jt2ik VOTED ~'- Copy served upon Applicant, The Planning and Zoning Public Works Department and City Attorney. By. ,~~//~ ~)~ Dated: 24'~7'~9 ~-~ 'City Clerk \xlqpASVRDCOl\SERVER~Work~Vl~Meridian~leridian 15360M~Silhouette Sub AZO1-20 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILHOUETTE SUBDIVISION / (PP-01-021) 11