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HomeMy WebLinkAboutInglenook Subdivision PP-01-023BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/05/02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR INGLENOOK SUBDIVISION, LOCATED AT 2720 SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: PROVIDENCE DEVELOPMENT GROUP, LLC, APPLICANT Case No. PP-O1-023 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 February 5, 2002, and Shaft Stiles, Planning and Zoning Administrator, Gary Smith, Public Works Director, Kenny Bowers, Meridian Fire Chief, Ashley Ford-Rudel of Hubble Engineering, and John Shipley, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark, Planner 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, INGLENOOK SUBDIVISION, LOCATED IN THE NWl/4 OF THE SW 1/4, SECTION 20, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-01-023) 1 T.3N., R. 1E., B.M., MERIDIAN, IDAHO, NOVEMBER 2001, JOB NO. 4-00-265, SHEET NO. 1, k: ~Babbit (00-00-00)\ Drawings~Babbit_PREPLAT.dwg, STAMPED DATED: NOV 20 2001, BY: HUBBLE ENGINEERING, INC., CLIFFORD D. BABBIT-OWNER, APPLICANT: PROVIDENCE DEVELOPMENT GROUP, 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 § 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 City Code § 11-7-2 CI 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 2 I, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-O 1-023) 2 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 Reco~nmendation 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, INGLENOOK SUBDIVISION, LOCATED IN THE NWl/4 OF THE SW 1/4, SECTION 20, T.3N., R. 1E., B.M., MERIDIAN, IDAHO, NOVEMBER 2001, JOB NO. 4-00-265, SHEET NO. 1, k: ~Babbit (00-00-00)\ Drawings\Babbit_PREPLAT.dwg, STAMPED DATED: NOV 20 2001, BY: HUBBLE ENGINEERING, INC., CLIFFORD D. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVI SION / (PP-01-023) 3 BABBIT-OWNER, APPLICANT: PROVIDENCE DEVELOPMENT GROUP, LLC- 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, INGLENOOK SUBDIVISION, LOCATED IN THE NWl/4 OF THE SW 1/4, SECTION 20, T.3N., R. IE., B.M., MERIDIAN, IDAHO, NOVEMBER 2001, JOB NO. 4-00-265, SHEET NO. l, k: ~Babbit (00-00-00)\ Drawings\Babbit_PREPLAT.dwg, STAMPED DATED: NOV 20 2001, BY: HUBBLE ENGINEERING, INC., CLIFFORD D. BABBIT-OWNER, APPLICANT: PROVIDENCE DEVELOPMENT GROUP, LLC-DEVELOPER" 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: 1. Sanitary sewer and water service to this site shall be via extensions from existing mains in Locust Grove Road. Subdivision designer to coordinate main sizing and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDMSION / (PP-Ol-023) 4 routing with the Public Works Department. This development shall be subject to applicable latecomer fees, which shall be paid prior to City signatures on the final plat map. Applicant shall be responsible to construct permanent, solid, perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. A non-combustible fence shall be constructed along the subdivision perimeter that 6borders the Nine Mile Drain. Additionally, a non-cmnbustible fence shall be constructed along the south boundary perimeter of the property. An open-vision fence shall be constructed by the developer on the rear lot lines of Lots 3-5, Block 2 in order to dearly delineate the buildable lots from the NMID easement. A deed restriction shall be added to Lots 3-5, Block 2, requiting only open-vision fendng along their rear property lines. If permitted by the irrigation district, the Commission would support no east perimeter fence along the drain and, instead, allow the rear lot fence to serve as the petimeter fence. This would compliment the pathway and fence design in Tarawood Subdivision, which has wrought iron fencing on the lot lines than a pathway, with no perimeter fence. One of the City Council's reasons for denial was that the open space was not well located. While this reason applies more to the Preliminary Plat than Annexation, it must be addressed. The Applicant has shifted the open space from being adjacent to the east boundary, without street frontage, to being located as a lot with street frontage. The open space is more accessible to the neighborhood but it is not centrally located. An argument could be made that the open space should be shifted to the west in order to meet the intent of the Council's 4-17-01 motion to deny. The P&Z Commission and Council should discuss the location and usability of Lot 5, Block 2 during the public hearing process. Applicant shall modify the plat to reflect all irrigation easements. If the easement line encroaches into the rear property lines of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-01-023) 5 Lots 3-5, Block 2, a License Agreement with NMID must be submitted prior to City signature on the Final Plat and a letter from NMID granting preliminary approval of the encroachment must be submitted prior to the City Council hearing on the Final Plat. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. A minimum of one (1) tree per every 8,000 s.f. of open space is required in the open space area. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. o In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation must be provided to all common landscape areas on site. 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 conmqon landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Final Plat. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. Applicant shall submit compaction test results to the Meridian Building Department for any lots receiving fill material. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-O1-023) 6 10. 11. Applicant shall submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. Applicant shall provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. 12. 13. 14. 15. 16. Andy existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance No. 12-4-13, except as provided for under site specific requirements. The ditches to be piped should be shoum on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. Two-hundred-fifty 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. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-O 1-023) 7 Adopt the Meridian Fire Dept Recommendations as follows: 17. A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 18. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 19. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 20. Final approval for fire hydrant location shall be by the Meridian Fire Department. 21. All turning radii shall be a minimum of 28' inside and 48' outside. 22. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 23. The roadways shall be built to Ada County Highway standards. 24. All cul-de-sacs shall have a radius of 50'. Adopt the ACHD Recommendations as follows: 25. Dedicate 45-feet of right-of-way from the centerline of Locust Grove 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. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. Ail utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDMSION / (PP-O 1-023 ) 8 28. 29. 30. Locate the main entrance off Locust Grove Road approximately 100-feet south of the north property line as proposed, located to align or offset a minimum of 125-feet (measured centefline to centerline). Construct a stub street to the 2.47-acre parcel north of the site, located between Lot 1, Block 2 and Lot 8, Block 1 as proposed. 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 with District staff. Construct a stub street to the parcels to the south of the site. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the location of the stub street and the sign plan with District staff. 31. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shotfld be located 2-feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 32. 33. 34. Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct the tumarounds to provide a minimum turning radius of 45-feet. 35. Other than the public street specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Adopt the Central District Health Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-01-023) 9 36. 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. 37. Run-off is not to create a mosquito breeding problem. 38. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 39. 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. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their meeting held on Tuesday, February 5, 2002, as follows: 40. Applicant shall supply open space, and such is provided on Lot 5, Block 2, and thus, has increased the open space to a .42 acre lot as common space in the southeast comer of the project. day of By a.~ion of the City Council at its regular meeting held on the fiz~l~/~bCm/v~L- , 2002. ROLL CALL COUNCILMAN ANDERSON VOTED__~ COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED__~~-' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-O 1-023) 10 COUNCILWOMAN McCANDLESS VOTED_~.- MAYOR ROBERT D. CORRIE VOTED Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Dated: \~NPASVRDC01\SERVERZ~Work~Vlx~VIeridianWieridian 15360M~lnglenook Sub AZOl-023 PP01- 023~FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT INGLENOOK SUBDIVISION / (PP-01-023) 11