Loading...
HomeMy WebLinkAboutGlacier Springs Sub PP 03-028BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/12/03 C/C 11/25/03 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR GLACIER SPRINGS SUBDIVISION FOR 51 BUILDING LOTS AND 8 OTHER LOTS ON 17.5 ACRES IN A PROPOSED R-4 ZONE, LOCATED NORTH OF EAST VICTORY ROAD AND EAST OF SOUTH MERIDIAN ROAD, MERIDIAN, IDAHO BY: TUSCANY DEVELOPMENT, INC., APPLICANT Case No. PP-03-028 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 November 12, 2003, and continued until November 25, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, Matt Schultz, and Gary Sackett, 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 "GLACIER SPRINGS SUBDNISION, LOCATED IN THE SE '/ OF SECTION 19 T. 3N., R. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISION / (PP-03-028) PAGE 1 OF 14 lE., B.M., MERIDIAN, ADA COUNTY IDAHO, DWG DATE: 08/14/03, DWG NO. 30705- PRE, SHEET: 1 OF 1 PRE-1, 30705-PRE. DLP 7/29/03, STAMPED: RECEIVED DEC 04 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISION: 08/11/03 BY: kdh, 10/24/03 BY: kdh, 11/03/03 BY: kdh, 11/13/03 BY: mbs, 11/17/03 BY: sra, LEGAL DESCRIPTION: A PORTION OF THE SE'/a OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, TUSCANY DEVELOPMENT INC. -OWNER, BRIGGS ENGINEERING INC. -PLANNER", Tuscany Development, Inc. -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 RUT, however, there is an application for annexation and zoning to R-4 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 Comprehensive Plan designates the subject property as Medium Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 2 OF 14 Residential. The proposed zoning designation of R-4 complies with the Comprehensive Plan designation. 3. It is found that public services are available to accommodate the proposed development. It is found that the property to be annexed will be served adequately by all essential public facilities and services. An existing sewer trunk line runs through the subject property. Sanitary sewer and water shall be provided via existing and new main line extensions. Applicant shall be required to pay for the extension of water and sanitary sewer mains to and through the proposed development. Public road access to the proposed subdivision is available off of Victory Road and Loggers Pass Street (a stub provided by Observation Point Subdivision). All internal streets will be constructed by the developer of the proposed subdivision. Review of the ACHD, School District, Police and Fire Department's comments will provide further information regarding public services. 4. It is found that the subdivision will not require the expenditure of capital improvement funds. See paragraph 3 above. 5. It is found that the development will not require major expenditures for providing supporting services. See paragraph 3 above. 6. It is found that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to attention. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDNISON / (PP-03-028) PAGE 3 OF 14 7 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. 8. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "GLACIER SPRINGS SUBDIVISION, LOCATED IN THE SE'/ OF SECTION 19 T. 3N., R. lE., B.M., MERIDIAN, ADA COUNTY IDAHO, DWG DATE: 08/14/03, DWG NO. 30705-PRE, SHEET: 1 OF 1 PRE-1, 30705-PRE. DLP 7/29/03, STAMPED: RECEIVED DEC 04 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISION: 08/11/03 BY: kdh, 10/24/03 BY: kdh, 11/03/03 BY: kdh, 11/13/03 BY: mbs, 11/17/03 BY: sra, LEGAL DESCRIPTION: A PORTION OF THE SE '/ OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, TUSCANY DEVELOPMENT INC. - OWNER, BRIGGS ENGINEERING INC. -PLANNER." 9. The City Council recognizes the concerns of John and Marlene Shay and Matt and Aneke Binford expressed in their letter dated 10/9/03, and the concerns of Jeny L. Caven expressed in his letter dated October 8, 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 DOE5 ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 4 OF 14 1. The Preliminary Plat of the applicant as evidenced by "GLACIER SPRINGS SUBDNISION, LOCATED IN THE SE '/a OF SECTION 19 T. 3N., R. lE., B.M., MERIDIAN, ADA COUNTY IDAHO, DWG DATE: 08/14/03, DWG NO. 30705-PRE, SHEET: 1 OF 1 PRE-1, 30705-PRE. DLP 7/29/03, STAMPED: RECEIVED DEC 04 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISION: 08/11/03 BY: kdh, 10/24/03 BY: kdh, 11/03/03 BY: kdh, 11/13/03 BY: mbs, 11/17/03 BY: sra, LEGAL DESCRIPTION: A PORTION OF THE SE'/a OF SECTION 19, TOWNSHII' 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO, TUSCANY DEVELOPMENT INC. -OWNER, BRIGGS ENGINEERING INC. -PLANNER", Tuscany Development, Inc., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: • Applicant is required to provide a stub street at the eastern edge of the property. • No lots may have less than 74' of frontage. • No lots on cul de sacs may have less than 40' of frontage. • No lots may be less than 8,000 squaze feet in size. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS /PRELIMINARY PLAT Sanitary sewer service to this site shall be via the existing Ten Mile Trunk which passes through the subject property. 2. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 5 OF 14 Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by The Nampa & Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by ayear-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. 5. A detailed fencing plan shall be submitted upon application of the final plat. Permanent perimeter fencing shall be required around the subdivision unless the City agrees in writing that such a fence is not required. 6. All fencing adjacent to the pathway along the north boundary of the subdivision shall be restricted to 4-foot maximum height for solid fencing or 6-foot maximum for see-through fencing. Fences along micropaths have the same restriction per Ordinance 12-13-15-9. 7. In accordance with Ordinance 12-13-10-8, Applicant shall provide detached sidewalks adjacent to Victory Road. 8. Create atwenty-foot (20') wide common area centered over the existing sanitary sewer trunk between Lots 5 and 6, Block 2, or per the ACHD requirement, relocate S. Trinidad Drive to cover the trunk line. 9. The groundwater report submitted with the application was for the Observation Point project to the west. Please submit test results from land within this projects boundaries, or a signed statement from a certified soils scienfist that establishes the depth to the highest normal groundwater on the site. If depth to groundwater becomes an issue in this subdivision and DEQ, or other regulatory agency, requires impermeable surfacing in the storm water detention areas, such areas shall not be counted toward the required open space calculation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 6 OF 14 10. Provide a grading and drainage plan for the south end of the development due to the amount of grading that will be necessary to construct the subdivision. 11. Unless a waiver is granted by Council, the applicant shall be responsible to the all irrigation ditches, laterals, and canals per MCC 12-4-13.1. 12. Ten (10) copies of the revised plat has been submitted to the City Clerk's Office for this 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. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 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. Final design locations and quantity aze 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 7 OF 14 8. All imgafion ditches, laterals or canals, exclusive ofnatural waterways, intersecting crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainagedfstrict, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to fmal plat signature. 9. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retentionbasfns) must be designed to ensure that water is retained only during 100-year storm events, and for a period of fime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. 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. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28- 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 Victory Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 8 OF 14 c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct South Trinidad Drive to intersect Victory Road approximately 110-feet east of the west property line (measured from property line to neaz edge of the public right-of--way). Extend Loggers Pass Street into the site from the west property line, as proposed. 4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and Loggers Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed. 5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive (from Loggers Pass Street to the north) as 29-foot street section with curb, gutter and 5-foot concrete sidewalk within 42-feet ofright-of--way, as proposed. 6. Construct two standazd residential cal-de-sacs without center islands. Provide a minimum taming radius of 45-feet. Construct one non-standard residential cal-de-sac without a center island. Submit a design of the non-standard turnaround for review and approval by District Development Division staff. 8. Comply with all Standard Conditions of Approval. standazd Conditions ofAnproval 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 9 OF 14 4. Utility street cuts in pavement less than five yeazs old are not allowed unless approved in wrifing by the District. Contact the District's Utility Coordinator at 387-6258 (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. 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. 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 responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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 ACRD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of wnstruction. 10. No change in the terms and conditions of this approval shall be valid unless they aze 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDNISON / (PP-03-028) PAGE 10 OF 14 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: The following will be the requirements and/or wncems to provide minimum levels of fire protection for the proposed project: That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or perrnanent street signs aze required before combustible construction begins. 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. 5. "NO PARKING" of vehicles, trailers or equipment shall be allowed in the cul- de-sacs. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 3. The developer must comply with Idaho Code 31-3805. 4. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the District, then the developer shall coordinate with the District concerning the installation of the pressure system. 5. Fill out a questionnaire and return it in order to initiate the process of contractual agreements between the owner or developer and the District for ownership, operation and maintenance of the pressure urban irrigation system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDNISON / (PP-03-028) PAGE 11 OF 14 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. 4. Stormwater shall be pretreated through a gassy 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 Recommendafions of the Parks Department as follows: Detail where the pathway will be located and connected through the property. H. Adopt the acfion of the City Council taken at their November 25, 2003 meeting as follows: The applicant has submitted a revised the Plat that meets the R-4 zoning requirements, and therefore, the Plat dated 11/17/03 is hereby approved. 2. The minimum square footage for house sizes within the subdivision shall be 2,000 sq. ft. 3. Loggers Pass shall be barricaded to prevent construction vehicles to pass through Observation Point while they are doing work and/or moving dirt on the_project. 4. The applicant shall submit a revised Landscape Plan to reflect the park/open useable space on the Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDP/ISON / (PP-03-028) PAGE 12 OF 14 5. The applicant shall provide afive-foot vinyl fence on the two to three foot berm along the eastern boundary for those adjacent neighbors, as agreed to by the applicant on the record. NOTICE OF FINAL ACTION AND 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 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. 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 maybe 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 V ~P`rr, ~,f J , 2003. ROLL CALL COUNCILMAN BIRD VOTED~ti- COUNCILWOMAN deWEERD VOTED~~ COUNCILWOMAN McCANDLESS VOTED~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT GLACIER SPRINGS SUBDIVISON / (PP-03-028) PAGE 13 OF 14 COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) voTED ~~fe~ VOTED Attest: G. Berg, Jr., City ~J _ORP Rq In SEAL M c 9~ ~~ ~ -; 9p cGSr is'~ ~ P q ~ ~o ,., ~4~ruml iy++++++ Copy served upon Applicant, The Planning and Zoning Department, Public Works \,+,++~+"""'n,,,, Department and City Attorney. By: ~-~/d Dated: City Clerk /2 - ~ \ ~,.~~y OF MEgjQ~~~, G~ `~GpRPOgq TF~ ti - 0,3- sEAL Z:1WorkN~fUNeridianNM1~idian 15360IV1\G]aciersprings Sub AZ-03-024 PP-03-028~FtCIsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELINIlNARY PLAT GLACIER SPRINGS SUBDP/ISON / (PP-03-028) PAGE 14 OF 14 9 p~ ,, -yd ~'sr 3sz ~ 1 O ~, q GOd.JEJTY . ~ ,,.; /~~~1,g1lq Yi41U++~"