HomeMy WebLinkAboutDevon Park PP 03-006BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/01/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR DEVON PARK
SUBDIVISION NO. 2 FOR 17
COMMERCIAL BUILDING LOTS
AND 2 OTHER LOTS ON 10.17
ACRES LOCATED ON THE
NORTH SIDE OF FAIRVIEW
AVENUE, APPROXIMATELY ONE-
HALF MILE WEST OF LOCUST
GROVE, MERIDIAN, IDAHO
Case No. PP-03-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: FAIRVIEW LAKES, LLC,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on July 1,2003, and Anna Powell Planning Director for the Planning and Zoning Department,
and Doug Tamura, appeazed and testified, and the City Council having received a report from
David McKinnon Planner II, 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 Plarming and Zoning Commission and the applicant having submitted the
"PRELIMINARY PLAT OF DEVON PARK NO. 2 SUBDIVISION, A PARCEL LAND
LOCATED IN THE SOUTHWEST'/ OF THE SOUTHEAST'/ OF SECTION 6, TOWNSHIP
3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO. 2003,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION N0.2 / (PP-03-006)
PAGE 1 OF 13
DEVON PARK NO. 2 SUBDIVISION PRELIMINARY PLAT MERIDIAN, IDAHO,
DESIGNED: DD, PROJECT: 02-129, FILE NO.: 02129PR4, DATE: 03-18-03, SHEET: S-1,
HANDWRITTEN DATE: 18 MARCH 03, FAIRVIEW LAKES, LLC -
OWNER/DEVELOPER, TREASURE VALLEY EINGINEERS, INC.", Fairview Lakes, 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
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 R-4 and C-N, and requires connection to the Municipal Water and
Sewer System. [Meridian City Code § 11-7-2 C and H]
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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 2 OF 13
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: "PRELIMINARY PLAT OF DEVON PARK NO. 2
SUBDIVISION, A PARCEL LAND LOCATED IN THE SOUTHWEST'/< OF THE
SOUTHEAST % OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE
MERIDIAN, ADA COUNTY, IDAHO. 2003, DEVON PARK NO. 2 SUBDIVISION
PRELIMINARY PLAT MERIDIAN, IDAHO, DESIGNED: DD, PROJECT: 02-129, FILE NO.:
02129PR4, DATE: 03-18-03, SHEET: S-1, HANDWRITTEN DATE: 18 MARCH 03,
FAIRVIEW LAKES, LLC - OWNER/DEVELOPER, TREASURE VALLEY EINGINEERS,
INC.".
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 3 OF 13
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
OF DEVON PARK NO. 2 SUBDIVISION, A PARCEL LAND LOCATED IN THE
SOUTHWEST'/< OF THE SOUTHEAST'/ OF SECTION 6, TOWNSHIP 3 NORTH, RANGE
1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO.2003, DEVON PARK NO.2
SUBDNISION PRELIMINARY PLAT MERIDIAN, IDAHO, DESIGNED: DD, PROJECT:
02-129, FILE NO.: 02129PR4, DATE: 03-18-03, SHEET: S-1, HANDWRITTEN DATE: 18
MARCH 03, FAIRVIEW LAKES, LLC - OWNER/DEVELOPER, TREASURE VALLEY
EINGINEERS, INC.", Fairview Lakes, LLC, 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 follows:
1. Sanitary sewer and water service to this site shall be via main line extension from
the existing mains adjacent to the property. Subdivision designer to coordinate main
sizing and routing with the Public Works Department.
2. The applicant has not indicated who will own and maintain the pressurized irrigation
system within this development. Revise the plat to show how the system is going to
be served (ie connection to the exisfing Settlers Park Subdivision's system, or
independent pumping facilities) Underground vear-round pressurized irrigafion must
be provided to all lots within this development. 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, asingle-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.
3. Add or revise the following preliminary plat notes
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 4 OF 13
(10.) Anv re-subdivision o(this platshall be in compliance with the most recently
approved subdivision standards o the City ofMeridian
(Il.) The common lots within the subdivision shall be maintained by the Business
Owners Association.
(12.) All development within this subdivision shall be in accordance with
Conditional use Permit File No CUP-03-014
(13.) Underground pressurized irrigation within this development shall be
provided through a svstem to be owned and maintained bv -----------
4. Submit all updated groundwater/soils monitoring data to the Public Works
Department for review. The original study report indicates that shallow
groundwater may be a factor. All drainage azeas (detention/retentionbasfns) 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. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above
groundwater.
5. Water held within the ponds shall be continuously circulated or shall be treated in
another manner to prevent the ponds from becoming stagnant.
6. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street pazking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regazding Shallow Injection Wells.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIVIINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 5 OF 13
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.
8. Coordinate fire hydrant placement with the City of Meridian Public Works
Department and the City of Meridian Fire Department.
9. 250-watt and 100-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. 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.
B. Adopt the Recommendations of the Ada County Highway District as follows:
C. Site Specific Conditions of Approval
The applicant shall do one of the following:
Dedicate by donation an additional 5-feet ofright-of--way along Fairview
Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview
Avenue, located a minimum of 53-feet from the centerline of the right-of--way.
Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located a minimum of 53-feet from
the centerline of the right-of--way, in an easement provided to the District.
Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Fairview Avenue, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Construct and install the signal and any related roadway improvements that are
necessary for the proposed signal at the intersecfion of Fairview Avenue and the
commeroiaUindustrial roadway that extends north into the site.
3. Construct a commerciaUindustrial roadway that intersects with Fairview Avenue
310-feet east of the west property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 6 OF 13
4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-
foot concrete sidewalk within 54-feet ofright-of--way, as proposed. The portion
of the commercial/industrial roadway that connects to Teare Avenue shall taper
appropriately to accommodate for drainage.
Construct a 30-foot wide driveway to intersect Fairview Avenue approximately
205-feet west of the east property line, as proposed.
6. Construct a 25-foot wide driveway to intersect the commercial/industrial
roadway approximately 54-feet north of Fairview Avenue, as proposed.
Construct two 17-foot wide driveway to intersect the commercial/industrial
roadway approximately 175-feet north of Fairview Avenue, as proposed.
8. Construct a 21-foot wide driveway to intersect the commercial/industrial
roadway approximately 235-feet north of Fairview Avenue, as proposed.
9. Construct a 22-foot wide driveway to intersect the commercial/industrial
roadway that extends north from Fairview Avenue approximately 580-feet north
of Fairview Avenue, as proposed.
10. Construct a driveway with a maximum width of 35-feet to extend directly north
of the commercial/industrial roadway and proposed to intersect the northern
portion of the cul-de-sac.
1 L Construct a 27-foot wide driveway to intersect the commercial/industrial
roadway that runs east and west and is proposed to be located approximately 50-
feet east of the commercial/industrial roadway that extends from Fairview
Avenue to the north, as proposed.
12. Construct a 20-foot wide driveway to intersect the commercial/industrial
roadway that runs east and west and is proposed to be located approximately
255-feet east of the commercial/industrial roadway that extends from Fairview
Avenue to the north, as proposed.
13. Construct a 25-foot driveway to intersect the commercial/industrial roadway that
runs east and west and is proposed to be located approximately 430-feet east of
the commercial/industrial roadway that extends from Fairview Avenue to the
north, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE'? OF 13
14. Construct a 30-foot wide driveway located on the east side of the
commercial/industrial roadway just north of the proposed roundabout, as
proposed.
15. Construct a 30-foot wide driveway located on the west side of the
commerciaUindustrial roadway just north of the proposed roundabout, as
proposed.
16. Construct a 30-foot wide driveway located on the east side of the
commercial/industrial roadway approximately 160-feet north of the proposed
roundabout, as proposed.
17. Construct a 30-foot wide driveway located on the west side of the
commercial/industrial roadway approximately 160-feet north of the proposed
roundabout,as proposed.
18. Pave the driveways their full width and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
19. Extend Teare Avenue as a 40-foot street section with curb, gutter and 5-foot
concrete sidewalk within 54-feet ofright-of--way, as proposed.
20. Terminate Clarene Street at its current location and construct bollards for
emergency access only, as proposed.
21. Enter into a license agreement for the maintenance of the hammerhead
tumaround on Clarene Street due to the fact that the District will be unable to
access the turnaround.
22. Provide a permanent "hammerhead" easement to the District at the terminus of
the commerciaUindustrial roadway and provide documentation to the District
showing that this configuration has been reviewed and approved by the Meridian
Fire Department.
23. Construct a roundabout within the commercial/industrial roadway approximately
530-feet north of Fairview Avenue. Design the roundabout with a minimum of
21-foot street sections on either side of the center island. Dedicate sufficient
right-of--way on either side of an island. Coordinate the size and design of the
roundabout with traffic services staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION N0.2 / (PP-03-006)
PAGE 8 OF 13
24. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
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.
Replace any existing damage curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 9 OF 13
representative and an authorized representafive 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.
10. 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
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:
Commercial occupancies will require afire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of400'
apart. 1997 UFC Appendix III-A
2. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
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.
The proposed fire hydrant locations will be submitted to the Public Works for plan
review.
5. All roads and fire lanes 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.
7. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all fimes. The typical street width of 33' will be allowed to
have parking on both sides. The typical street with a minimum width of 29' will be
required to have restricted pazking to only one side. UFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 10 OF 13
8. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
9. 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 tum azound.
10. The proposed 17-lot subdivision will have an unknown transient population and
will have an unknown impact on Meridian Fire Department call volume.
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
Applicant shall apply for a land use change/site application.
2. All storm drainage must be retained on site. All laterals and waste ways
must be protected. (i.e. The Jackson Drain courses through the proposed
project. This easement must be protected and any encroachment without
signed License.) Agreement and approved plan is unacceptable.
3. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the District must review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
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.
2. The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health & Welfaze,
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 dischazge
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION N0.2 / (PP-03-006)
PAGE 11 OF 13
and design a stormwater management system that prevents groundwater and
surface water degradation.
F. Adopt the Recommendations of Sanitary Services as follows:
1. Waste enclosure plans need further review for both apartments and buildings.
NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
~~
By action of the City Council at its regular meeting held on the ~5 day of
~7`Gt,Qry, , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILWOMAN deWEERD VOTED~d--
COUNCILWOMAN McCANDLESS VOTED~~
COUNCILMAN NARY VOTED
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDIVISION NO. 2 / (PP-03-006)
PAGE 12 OF 13
Mayor ~h~ert D. Corrie
Attest: ~~``""1pF M I I' ~ r,,'
.~`~ ~y c~,~'~iq''%
William G. Berg, Jr., City Clerk `_ '~ ~o"'
~° 90 ~sT psi •, .~0
Copy served upon Applicant, The Plannifig,~ijn~`~e
Department and City Attorney.
BY~~.t~-- ~/~~ r `~ Dated:
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
DEVON PARK SUBDNISION N0.2 / (PP-03-006)
PAGE 13 OF 13