HomeMy WebLinkAboutWoodside Creek Sub PP 03-025BEFORE THE CITY COUNCIL OF THE CITY OF NIERIllIAN
CiC 11/25;03
IN THE MATTER OF THE REQUEST FOR
PRELIMINARY PLAT FOR WOODSIDE
CREEK SUBDIVISION FOR 15 BUILDING
LOTS AND 5 OTHER LOTS ON 4.47 ACRES
LOCATED ON THE WEST SIDE OF TEN
MILE ROAD, APPRONIMATELY HALF A
MILE SOUTH OF CHERRY LANE, (1115
NORTH TEN MILE ROAD), MERIDIAN,
IDAHO
BY: WOODSIDE PROPERTIES, LLC,
APPLICANT
CASE NO. PP-03-025
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 C'owlcil
on November 25, 2003, and Anna Powell Planning Director for the Planning and Zoning
Department, Richard Cook, Ken Reeves, and William Homan, appeared and testified, and the
City Council having received a report from W endy Kirkpatrick Planner II for Planning and
Zoning, and Bruce Freckleton, Engineering Teclu~ician III, and the City Council having received
as part of the record of this matter the recommendation to City Council of the Plannuig and
Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION, LYING IN NE '/4 OF THE SE '/4 OF 1\TE Ya OF
SECTION 10, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, D\\'G DATE:
06/26/03 JTA, DWG NO. 30415, STAMPED DATE: SEP 24 2003, STAMPED: RECEIVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION/ (PP-03-025)
PAGE 1 OF 12
SEP 25 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISION: 7/9/03 BY: JTA,
7%28/03 BY: ICDH, 9/24/03 BY: BPT, SHEET: 1. OF 2 PRE-1, \30415-PRE,DWG, LEGAL
DESCRIPTION: A PORTION OF THE NE '/4 OF THE SE Yq OF THE NE '/4 OF SECTION 10
TOWNSIHP 3 NORTH, RANGE 1 WEST, B.M., MERIDIAN, ADA COUNTY, IDAHO,
WOODSIDE PROPERTIES LLC -DEVELOPER, BRIGGS ENGINEERING, INC. -
PLANNER", Woodside Properties, 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
L 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 Plamting Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382. and the
property is presently zoned R-4 (Low Density Residential), however, an application for
annexation and zoning to R-8 is before the Council, and requires connection to the M~micipal
Water and Sewer System. [Meridian City Code § 11-7-2 D]
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 avai]able to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
f INDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 2 OF l2
forth as conditions of preliminary plat approval. Additionally, the developer shall extend sewer
and water to the subject property.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, there will be public financial capability of supporting services
for the proposed development. Additionally, the developer shall extend sewer and water to the
subject property.
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 Plaiming 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 WOODSIDE CREEK
SUBDIVISION, LYING IN NE Ya OF THE SE Y4 OF NE '/4 OF SECTION 10, T.3N., R.1 W.,
B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE: 06/26/03 JTA, DWG NO. 30415,
STAMPED DATE: SEP 24 2003, STAMPED: RECEIVED SEP 25 2003 CITY OF MERIDIAN
CITY CLERK OFFICE, REVISION: 7/9/03 BY: JTA, 7/28/03 BY: KDH, 9/24/03 BY: BPT,
SHEET: 1 OF 2 PRE-1, \30415-PRE.DWG, LEGAL DESCRIPTION: A PORTION OF THE NE
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 3 OF 12
OF THE SE '/4 OF THE NE '/4 OF SECTION 10 TOWNSIHP 3 NORTH, RANGE 1 WEST,
B.M., MERIDIAN, ADA COUNTY, IDAHO, WOODSIDE PROPERTIES LLC -
DEVELOPER, BRIGGS ENGINEERING, .INC. -PLANNER".
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
WOODSIDE CREEK SUBDIVISION; LYING IN NE'/a OF THE SE %a OF NE %a OF
SECTION 10, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DWG DATE:
06,126/03 JTA, DWG NO. 30415, STAMPED DATE: SEP 24 2003, STAMPED: RECEIVED
SEP 25 2003 CITY OF MERIDIAN CITY CLERK OFFICE, REVISION: 7/9/03 BY: JTA,
7/28/03 BY: KDH, 9/24/03 BY: BPT, SHEET: 1 OF 2 PRE-1, A30415-PRE.DWG, LEGAL
DESCRIPTION: A PORTION OF THE NE'/a OF THE SE'/4 OF THE NE '/a OF SECTION 10
TOWNSIHP 3 NORTH, RANGE 1 WEST, B.M., MERIDIAN, ADA COUNTY, IDAHO,
WOODSIDE PROPERTIES LLC -DEVELOPER, BRIGGS ENGINEERING, INC. -
PLANNER", Woodside Properties, LLC - 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 4 OF 12
• Add to page six, item one: Unless sewer access changes, then above paragraph
will not be applicable.
• Add an item 10 to page seven stating that all streets are to be a minimum width
of 33 feet.
• Add an itetn 11 to page seven stating that two accesses are required for the
subject property unless the Fire Department agrees to sign off and waive the
requirement.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Sanitary sewer service to this site shall be via main line extensions from an existing
main in Ten Mile Road. Please revise the preliminary plat map to show atwenty-
foot wide common area lot centered on the sanitary sewer main exiting the
development into Ten Mile Road. Make adjustments to the adjacent lots to provide
the minimum lot frontage required by Ordinance.
2. Domestic water service to this site shall be via a main line extension from the
existing main installed in the Berkeley Square Subdivision.
3. The applicant has indicated that the pressurized irrigation system. within this
development is to be an extension of the system that is 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 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.
4. Obtain approval from Meridian School District for the proposed pathway connected
to Chaparral Elementary School.
5. A note restricting access to N. Ten Mile Road shall be added to the plat.
6. A fencing plan shall be submitted with the final plat indicating micropath and
perimeter fencing, in compliance with the MCC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 5 OF 12
A revised landscaping plan, in accordance with the Landscaping Ordinance shall be
submitted with The final plat application. The plan shall include a revised drainage
Swale design in accordance with the Landscape Ordinance.
8. As part of the development of the Berkeley Square Subdivision, drainage facilities
were piped that carry drainage water off of this site. Please revise the preliminary
plat to show these piped facilities, and show how they are to be continued through
this proposed subdivision.
If the maintenance of any common lots within the subdivision is to be the
responsibility of anyone other than the HOA, a note shall be added to the face of the
plat indicating who the responsible party shall be. Written documentation of
acceptance of the maintenance of the common lot(s) from the responsible party (if
other than the HOA), shall be submitted to the City with the final plat application.
GENERAL COMMENTS
'Please 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.
3. 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. Sidewalks within the proposed subdivision shall be built in accordance with
MCC 12-13-10-8.
5. 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 quatltity are determined afterpower designs are
completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the Public Works Department prior commencing installations.
6. 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. Plans will need to be approved by the appropriate
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 6 OF 12
imgation/drainagedistrkt, 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 final plat signature.
Any 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.
8. 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.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. 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 maybe used for non-domestic purposes such as landscape irrigation.
11. 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.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
Ten Mile Road 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 ofright-of--way from the centerline of Ten
Mile Road, if funds are available.
2. Provide a road trust deposit in the amount of $7,280.00 to be used for future
sidewalk construction along the applicant's frontage. **Due to the existing
mature trees along Ten Mile Road, the applicant may opt to construct a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 7 OF 12
meandering sidewalk on Ten Mile Road in lieu of a road trust deposit. The face
of sidewalk should not be located any closer than 41-feet from centerline, and an
easement should be provided far any sidewalk located outside of the sight-of-
way. At the property lines the sidewalk should be constructed to match future
sidewalk improvements.
Extend Cliff Creek Street into the site at the south property line as proposed.
Construct Cliff Creek Street as a 29-foot street section within 42-feet ofright-of-
waywith curb, gutter and 5-foot wide concrete sidewalk. Sign one side of the
street for "NO PARKING". Provide written approval from the Meridian Fire
Department. At the applicant's discretion, sidewalk maybe eliminated from the
street section around the island/drainage lot.
4. Direct lot or parcel access to Ten Mile Road is prohibited and shall be noted on
the final plat.
5. Comply with all Standard Conditions of Approval.
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 tnay 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDNISION / (PP-03-025)
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.
Constmction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
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.
It is the responsibihty 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 ACRD Traffic Operations 387-
6190 in the event any ACHD conduits (spaze or filled) are 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 roles,
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.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. All roads shall have a turning radius of 28' inside and 48' outside.
2. Provide afire-flow per the International Fire Code Appendix D to service the prof ect.
Fire hydrants shall be placed an average of 400' apart.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 9 OF 12
3. The entire portion of Block 2 will have to be signed "No Parking Fire Lane"
E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
Applicant shall apply for a land use change/site application.
2. All storm drainage appears to be retained on site. This meets the
District's irrigation requirements.
3. All laterals and waste ways must be protected.
4. 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.
G. Adopt the Recommendations of Joint School District No. 2 as follows:
The proposed pathway connecting to Chaparral Elementary School is
acceptable. Continue to coordinate any efforts with the District. All
costs of the pathway, including remodeling of the school's fence or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 10 OF 12
unforeseen conditions, shall be the responsibility of the Woodside Creek
developer.
H. Adopt the action of the City Council taken at their November 25, 2003 meeting
as follows:
For clarification:
The applicant shall provide a 2~' wide landscape buffer along the Ten
Mile Road frontage as required by MCC. However, pertaining to the area
of the existing home, the existing home shall be accessed from the
interior of the subdivision, and the applicant shall provide a 25' landscape
buffer around the home to comply with MCC.
2. The developer stated on the record at the November 2~, 2003 meeting,
that he shall extend the pressurized irrigation line to the adjacent
neighbor, William Homan, living at 3265 West Park Creek Drive, to
provide his residence with pressurized irrigation; and that this pressurized
irrigation shall be at no charge to Mr. Homan, but shall be at the sole
expense of the developer. Additionally, Mr. Homan shall be responsible
for costs of the operation and maintenance of the pressurized irrigation
system just the same as if he were a homeowner within the Woodside
Creek Subdivision.
The developer is not required to have a secondary access into the
Woodside Creek Subdivision and this was approved by the Meridian Fire
Department.
4. The sewer easement that would have run through Lot 11 is now
eliminated, and connection of the sewer shall be at the stub located in
North Cliff Creels Avenue, as shown on the submitted Preliminary Plat.
5. The developer has eliminated the sidewalk going around the open area,
and has widened the street section out to a fu1133 feet in width with a 42-
foot right-of--way.
By action of the City Council at its regular meeting held on the
day of , 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 11 OF 12
ROLL CALL
COUNCILMAN BIRD VOTED__~~
COUNCILWOMAN deWEERD VOTED__~~G~-
COUNCILWOMAN McCANDLESS VOTED
COUNCILMAN NARY VOTED ~/ ~~~
MAYOR ROBERT D. CORRIE VOTED
(TIE BREAKER)
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
Attest:
illiam G. Berg, Jr., City
By: ~.L
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
WOODSIDE CREEK SUBDIVISION / (PP-03-025)
PAGE 12 OF 12