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HomeMy WebLinkAboutCourtyards at Tenmile PP-03-010BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR THE COURTYARDS AT TEN MILE FOR 31 BUILDING LOTS AND 5 OTHER LOTS ON 11 ACRES LOCATED AT THE SOUTHEAST CORNER OF W. PINE AVENUE AND N. TEN MILE ROAD, MERIDIAN, IDAHO BY: DOUG CAMPBELL/TOM BEVAN/DTE DEVELOPERS, APPLICANT C/C 08/12/03 C/C 09/02/03 Case No. PP -03-010 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 August 12, 2003 and continued until September 2, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Rod Ralphs, Clay Lyle, Bruce Mills, Bob Fuller, David Fuller, Joe Derosier, Irma Atkinson, William Lind, Laura Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Garner, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II 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 "PRELIMINARY PLAT FOR: THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 1 OF 14 COURTYARD AT TEN MILE, A PORTION OF THE S. %z, SW. ''%, NW. '/a, OF SECTION 11, T.3N., R.1 W., BM., ADA COUNTY, IDAHO FEBRUARY 2003, CLIENT: DTE DEVELOPERS, JOB NUMBER: SDOOI.001, CAD FILE: 12ACRE PRE_REV.dwg, DESIGNED BY: RLC, DRAWN BY: RLC, CHECKED BY: JRL, DELIVERY DATE: 02/21/03, SHEET NUMBER: 1, DTE DEVELOPERS — OWNER/DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", Doug Campbell/Torn Bevan/DTE Developers, 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 confonnance 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-15 and C -N, is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 E 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 2 OF 14 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 Improverrient 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 FOR: THE COURTYARD AT TEN MILE, A PORTION OF THE S. %, SW. `/<, NW. '/<, OF SECTION 11, T.3N., R.1 W., BM., ADA COUNTY, IDAHO FEBRUARY 2003, CLIENT: DTE DEVELOPERS, JOB NUMBER: SDOO1.001, CAD FILE: 12ACRE_PRE_REV.dw2, DESIGNED BY: RLC, DRAWN BY: RLC, CHECKED BY: JRL, DELIVERY DATE: 02/21/03, SHEET NUMBER: 1, DTE DEVELOPERS — OWNER/DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 3 OF 14 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 FOR: THE COURTYARD AT TEN MILE, A PORTION OF THE S. %z, SW. %, NW. `/<, OF SECTION 11, T.3N., R.l W., BM., ADA COUNTY, IDAHO FEBRUARY 2003, CLIENT: DTE DEVELOPERS, JOB NUMBER: SDOO1.001, CAD FILE: 12ACRE_PREREV.dwg, DESIGNED BY: RLC, DRAWN BY: RLC, CHECKED BY: JRL, DELIVERY DATE: 02/21/03, SHEET NUMBER: 1, DTE DEVELOPERS — OWNER/DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", Doug Campbell, Tom Bevan/DTE, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS Sanitary sewer service to this project is being proposed via a temporary lift station being installed as part of the Mosher's Farm project. The applicant will be responsible to construct lateral sewer mains (including dry -line) to and through this proposed development. The subdivision designer to coordinate main sizing and routing with the Public Works Department. Revise the preliminary plat to provide a 20 -foot wide easement between Lots 29 & 30, Block 2, or re-route the sewer so as not to be between lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 4 OF 14 2. Domestic water service to this site shall be via new main extensions from the existing mains adjacent to the property Subdivision designer to coordinate main sizing and routing with the Public Works Department. Ordinance 12-13-10-3, Applicability of Street Buffers, requires that all street buffers at subdivision boundaries be placed on a common lot, maintained by a homeowner or business -owners association. Applicant shall submit a revised preliminary plat at least 10 days prior to the next public hearing that shows the landscape buffer along Ten Mile Road and Pine Street within a common lot. 4. Required fencing along micropaths is to be 4' in height and shall be installed by the developer. The developer shall be required to install all parkway trees within each phase of the development prior to any Certificates of Occupancy being issued. 6. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non -sight obscuring. A solid, 6 -foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Planning Director. All adjacent agricultural uses shall be protected and a note added to the face of the plat regarding the Right to Farm Act. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to applying for building permits. 9. Underground pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 10. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 5 OF 14 assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 11. The applicant has submitted a statement indicating that they will be providing on- site soils/groundwater investigation prior to final plat approval, and that depth to groundwater should be similar to depths measured in the Mosher's Farm project. Please submit all initial excavation information to the Public Works Department for review, and updated groundwater/soils monitoring data to the Public Works Department. All 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. 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. GENERAL COMMENTS 1. Submit a copy of the Ada County Street Name Committee's final 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, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two -hundred -fifty and one -hundred -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. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will'need to be approved by the appropriate irrigation/drainage district, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 6 OF 14 or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Any drainage areas (detension/retension 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. Graphically depict any FEMA flood plain boundaries. Note restrictions associated with the flood zone on the face of the preliminary plat. 9. Performance specifications for the common area pressurized irrigation system shall be submitted with each Final Plat application. C. Adopt Recommendations of Meridian's Fire Department as follows: 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration oft hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 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 thru the Public Works Department. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. 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 around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 7 OF 14 8. 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 bome by the developer 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine Avenue, is listed as a project in the District's currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48 -feet of right-of-way from the centerline of Ten Mile Road and 45 -feet of right-of-way, tapering to 37 -feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5 -foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above- mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48 -feet of right-of-way along Ten Mile Road and 45 -feet of right-of-way tapering to 37 -feet along Pine Avenue, and construct a minimum 5 - foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5- fooi wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant's frontage. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE/ (PP -03-010) PAGE 8 OF 14 Construct a right-in/right-out driveway on Ten Mile Road located approximately 230 -feet south of Pine Avenue (measured near edge to near edge). Pave the right- in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36 - feet) 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. Coordinate the design of the right-in/right-out restricted driveway on Ten Mile Road with District Traffic staff. Construct a driveway on Pine Avenue located approximately 220 -feet east of Ten Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36 -feet) 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. If the driveway is constructed as right-in/right-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40 -foot street sections with curb, gutter and 5 -foot sidewalk within 54 -feet of right-of-way as proposed. Construct Marbeth Court as a 36 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29 -foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4 -feet wide with a minimum area of 100 -square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of- way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50 -feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 9 OF 14 9. Comply with all Standard Conditions of Approval. 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 bome by the developer. 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. 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 construction in. accordance with Ordinance #197, also known as Ada County Highway Distct 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 ACRD.- 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 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 10 OF 14 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenns 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 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. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a land use change/site application. 2. All Stonn Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer.must comply with Idaho Code 31-3805. 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. F. Adopt the Recommendations of the Central District Health Department as follows: 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 & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 11 OF 14 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 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. G. Adopt the action of the City Council taken at their September 2, 2003 meeting as follows: Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the bike lane, the bike lane shall be on the west side of Ten Mile, not the east side. 2. The developer shall be required to construct the following: • Construct an additional lane on Pine Street at the intersection of Ten Mile. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. The improvement should decrease the cut - through traffic through the Thundercreek Subdivision because the intersection will operate more efficiently with fewer cars stacked east on Pine Street. Construct an additional lane on the north leg of Ten Mile Road at the intersection of Pine Street. This additional lane will allow one turn lane for left turning movements, and another lane for straight/right movements. Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection, abutting the church site. 3. For clarification, the developer proposes to phase the project construction. The first phase shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase 2 being the office buildings. The larger commercial buildings shall be built later which would be closer to the time ACHD is scheduled to build out Ten Mile and Pine. 4. The developer shall pave the additional width necessary to accommodate turn lanes and wider shoulders: Sidewalks on the west side shall be within the existing ROW. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 12 OF 14 NOTICE OF FINAL ACTION AND 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 may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day ofP//�-�� 2003. ROLL CALL COUNCILMAN BIRD VOTED it__ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED VOTED YI b VOTED � A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 13 OF 14 MAYOR ROBERT D. CORRIE (TIE BREAKER) Attest: VOTED — G-1 BEAL William G. Berg, Jr., City erk ts1 �''i����01%NTY • `Si�`��� Copy served upon Applicant, The Planning an�l2oning Department, Public Department and City Attorney. City Clerk ^�— ZAWork\M\Meridian\Meridian 15360NCThe Courtyards at Ten Mile AZ -03-009 PP -03-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT THE COURTYARDS AT TEN MILE / (PP -03-010) PAGE 14 OF 14 �uuunu,p,,; P SEAL rd