HomeMy WebLinkAboutParkway Subdivision PP 03-022interoffice
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Parkway Subdivision
File: PP-03-022
Date: October 13, 2003
Will:
REGEI"VED
ocr ~ 3 2003
City Of Meridiar.
City Clerk Office
Please fmd attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDTI'IONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their October 7, 2003 meeting. The
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City Attorney office, if Council
approves the Findings.
If you have any questions arise please advise.
Z:\Wo~ic\M~MeadianU9eadian 15360M~Pazkway Sub. .4Z-03-O17 PP-03-022\Ber~PrePIatMEMO 10 l3 03.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10/07/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR PARKWAY
SUBDIVISION FOR A PLANNED
DEVELOPMENT CONSISTING OF
90-LOT RESIDENTIAL
SUBDIVISION AND 7 OTHER
LOTS ON 34.52 ACRES TO BE
KNOWN AS BIRCHSTONE CREEK
SUBDIVISION, LOCATED AT THE
NORTHWEST CORNER OF
USTICK ROAD AND BLACK CAT
ROAD, MERIDIAN, IDAHO
Case No. PP-03-022
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: SIX POINT DEVELOPMENT,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on October 7, 2003, and Anna Powell Planning Director for the Planning and Zoning
Department, and Richard Cook, 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 PARKWAY
SUBDIVISION, LOCATED IN THE NE '/a OF SECTION 1, T. 3N., R. 1 W., B.M., MERIDIAN,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDNISION / (PP-03-022)
PAGE 1 OF 12
ADA COUNTY, IDAHO, DWG DATE: 06/12/03 KDH, DWG NO. 30507, SHEET 1 OF 2
PREPLAT, 30507-PRE.DWG, REVISION: 09/24/03 BY: KDH, STAMPED DATE: SEP 24
2003, STAMED: RECEIVED OCT 07 2003 CITY OF MERIDIAN CITY CLERK OFFICE, SIX
POINT DEVELOPMENT -DEVELOPER, BRIGGS ENGINEERING, INC. -PLANNER", Six
Point Development, 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 fmdings:
FINDINGS OF FACT
That the proposed development is in substantial 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 RUT by Ada County, however, an application for annexation and
zoning to R-4, is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 C]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
The applicant, Six Point Development, has applied for approval of fourteen (14)
building lots and three (3) other lots on a 6.00 acre parcel of land located at the southwest
intersection of Ustick Road and Meridian Road. The "other" lots within the subdivision include a
landscaping buffer and anopen-space /drainage lot. The single-family lots within the subdivision
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 2 OF 12
range from 9,230 square feet to approximately 41,596 square feet. The gross density for the
subdivision is 2.33 units per acre. There is one existing dwelling on the subject property. This
existing dwelling will be retained as part of the subdivision on a 41,596 square foot-lot. The
proposed road will be constructed as a public road and will meet all public road standards.
4. It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Comprehensive Plan designates the subject property as Medium Density Residential,
and the proposed zone change to R-4, and proposed residential subdivision, comply with this
Comprehensive Plan designation.
5. Public services are available for the proposed subdivision. Sanitary sewer and
water is available from an existing mainline stub from the Salisbury Lane Subdivision as well as
from an existing water main in Ustick Road. The applicant must obtain an easement for sanitary
sewer and water to the existing main southeast of the site. The applicant shall be required to
extend water and sanitary sewer mains to and through the proposed development.
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, and will not require the expenditure of capital improvement funds. The
subject property is currently served by a network of public streets. The proposed public road and
extensions of sewer and water will be funded by the applicant.
7. ACHD's staff report notes that the subject property has high ground water and
that the applicant is responsible for the treatment and disposal of storm water. It is also found
that there are no other health, safety or environmental problems associated with this subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 3 OF 12
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT FOR PARKWAY
SUBDIVISION, LOCATED IN THE NE '/< OF SECTION 1, T. 3N., R. 1 W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 06/12/03 KDH, DWG NO.30507,
SHEET 1 OF 2 PREPLAT, 30507-PRE.DWG, REVISION: 09/24/03 BY: KDH, STAMPED
DATE: 5EP 24 2003, STAMED: RECEIVED OCT 07 2003 CITY OF MERIDIAN CITY
CLERK OFFICE, SIX POINT DEVELOPMENT -DEVELOPER, BRIGGS ENGINEERING,
INC. -PLANNER".
9. The City Council recognizes the concerns of Wendel Bigham from Joint School
District No. 2 in a letter dated July 9, 2003.
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
The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
FOR PARKWAY SUBDIVISION, LOCATED IN THE NE '/ OF SECTION 1, T. 3N., R. 1 W.,
B:M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 06/12/03 KDH, DWG NO. 30507,
SHEET 1 OF 2 PREPLAT, 30507-PRE.DWG, REVISION: 09/24/03 BY: KDH, STAMPED
DATE: SEP 24 2003, STAMED: RECEIVED OCT 07 2003 CITY OF MERIDIAN CITY
CLERK OFFICE, SIX POINT DEVELOPMENT -DEVELOPER, BRIGGS ENGINEERING,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDP/ISION / (PP-03-022)
PAGE 4 OF 12
INC. -PLANNER", Centennial Development, LLC, Developer is hereby conditionally
approved; and
2. The conditions of approval aze as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Change the word "Lansbury" to "Salisbury" on Page 6, pazagraphs 1.
2. The applicant has submitted a revised Preliminary Plat dated September 24,
2003.
3. The applicant has submitted a revised Preliminary Plat that shows the
realignment of the entrance road off of Usfick, by eliminating the traffic island
and adding that space to a traffic buffer along the west property line.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS /PRELIMINARY PLAT
Water service to this site shall be via main line extensions from the existing mains
adjacent to the property. The applicant shall be required to extend water mains to
and through the proposed development. The applicant will also need to procure an
easement across the adjacent property to connect to Lansbury Lane Subdivision.
2. Sanitary sewer service shall be via main line extension from the existing main in the
Lansbury Lane Subdivision. The applicant shall be required to extend sewer mains
to and through the proposed development. The Applicant will also need to procure a
minimum 30-foot wide sanitary sewer and water main easement across the adjacent
property to connect to Lansbury Lane Subdivision.
3. Underground veaz-round pressurized irrigation must be provided to all lots within
this development. If the pressurized irrigation system within this development is to
remain a private Homeowners Association system, complete plans and
specifications shall be reviewed by the Public Works Department as part of the
development plan review process. A draft copy ofthe pressurized irrigation system
O&M manual must be submitted prior to plan approval. The City of Meridian
requires that pressurized irrigation systems be supplied by ayear-round source of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 5 OF 12
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.
4. 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 will not be considered as
replacement trees for those trees that have to be removed.
5. Submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retentionbssins) 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
chazacteristics 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.
6. A detailed landscape plan, in compliance with the landscape ordinance shall be
submitted for the subdivision with the Final Plat Application.
GENERAL COMMENTS
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.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
Two-hundred, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 6 OF 12
intersections and/or fire hydrants.
4. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting,
crossing or lying adjacent and contiguous to the areabeing 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,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
C. Adopt the Recommendations of ACHD as follows:
A. Site Specific Conditions of Approval
The applicant shall do one of the following:
a. Dedicate by donation an additiona123-feet ofright-of--way along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimum of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 41-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing
right-of--way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2. Reconstruct the existing 16-foot wide driveway that intersects Ustick Road
approximately 200-feet east of the proposed entrance. Pave the driveway its 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.
3. Construct a public roadway, Northwest 3`d Street, to intersect Ustick Road
approximately 15-feet east of the west property line, as proposed.
4. Construct the internal roadways as 36-foot street sections with curb, gutter and 5-
foot concrete sidewalk within 50-feet ofright-of--way, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 7 OF 12
Construct a stub street (Wrangler Street) to the west property line approximately
95-feet north of the south property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
6. Construct a knuckle without an island at the southeast corner of Wrangler Street
and Northwest 3'a Street, as proposed. The design shall be reviewed and
approved by ACHD's Development staff.
Construct a center island within the public right-of--way (Northwest 3`d Street), as
proposed. Maintain a minimum of a 21-foot street section on either side of the
island. The island shall be owned and maintained by the homeowners
association. Notes of this are required on the final plat.
8. Other than the access points specifically approved with this application, direct lot
access to Ustick Road is prohibited.
9. Comply with all Standard Conditions of Approval.
B. Standard Conditions of Approval
1. 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.
3. Replace any existing damaged 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. Utility street cuts in pavement less than five yeazs 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 Standazds 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 8 OF 12
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 District Road Impact Fee Ordinance.
9. It is the responsibi]ity 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) aze compromised during
any phase of construction.
10. 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
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 un]ess 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.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 9 OF 12
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
E. Adopt the Recommendation of Nampa & Meridian Imgation District as follows:
1. Nampa & Meridian Irrigation District has no facilities in this area. However, all
storm drainage must be retained on site. If all storm drainage is retained on site
there will be no impact on the District. If any surface drainage leaves the site, the
District must review drainage plans. The developer must comply with Idaho
Code 31-3805.
F. 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 & Welfare, 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 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.
F. Adopt the action of the City Council taken at their October 7, 2003 meeting as
follows:
1. The revised Plat dated September 24, 2003 is approved.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 10 OF 12
2. For clarification to Wendel Bighams's letter dated July 9, 2003, there was a
mistake pertaining to this project that the developer would be donating land for
an elementary school and a high school. There is nothing intended for this
particular development, and Mr. Bigham's letter pertained to another project.
NOTICE OF RIGHT TO REGULATORY TAHINGS 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 wrifing, 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.
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 of , 2003.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILWOMAN deWEERD VOTED
COUNCILWOMAN McCANDLESS VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 11 OF 12
COUNCILMAN NARY VOTED
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
Mayor Robert D. Corrie
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk
Z:\WorNMN3eridianVNeddian 15360M\Parkway Sub. AZ-03-017 PP-03-0221FfCIsOrdPP.dw
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
PARKWAY SUBDIVISION / (PP-03-022)
PAGE 12 OF 12