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HomeMy WebLinkAboutRazzberry Crossing PP 03-039interoffice f ? 7004 MEMORANDUM Of Meridian £ �I: / Clerk 0111ce. To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Razzberry Crossing Subdivision File: PP -03-039 Date: February 12, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their February 3, 2004 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 Cowicil approves the Findings. If you have any questions arise please advise. Z:\W01(\NVMeridian\Meridian 15360M\Bazzbeny Crossing AZ -03-034 PP -03-039 CUP-03-062`,BerghePlalMGM00211 04.dac BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR RAZZBERRY CROSSING SUBDIVISION FOR 34 RESIDENTIAL BUILDING LOTS, 4 PROFESSIONAL OFFICE LOTS AND 6 COMMON LOTS ON 11.31 ACRES IN PROPOSED R-8 AND L- O ZONES LOCATED SOUTH OF EAST McMILLAN ROAD AND WEST OF NORTH LOCUST GROVE ROAD, MERIDIAN, IDAHO BY: CARL AND BONNIE REITERMAN, APPLICANT C/C 02/03/04 Case No. PP -03-039 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 February 3, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Wayne Forrey, Terri Ingram, Mike Ingram, Wyoma Ham, Mary Thorne, and Rick McGraw, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner H 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 preliminary plat being "PRELIMINARY PLAT, A RESUBDIVISION OF LOT 10, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039 Page 1 of 14 CRESTWOOD SUB., SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL SUBDIVISION, PROJECT NO. 2163, SHEET NO. 1, CARL & BONNIE REITERMAN — OWNER/APPLICANT, CLAIBORN WAITE CONSULTING, LLC — ENGINEERING/SURVEYOR, PATHWAY PLANNERS CONSULTING - PLANNER", Carl Reiterman and Bonnie Reiterman, 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 by Ada County, however, an application for annexation and zoning to R-8 and L -O is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D and G] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 2of14 forth as conditions of preliminary plat approval. The developer will extend existing water and sewer mains 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, as the developer will extend urban services 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 Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT, A RESUBDIVISION OF LOT 10, CRESTWOOD SUB., SECTION 31, TAN., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL SUBDIVISION, PROJECT NO. 2163, SHEET NO. 1, CARL & BONNIE REITERMAN — OWNER/APPLICANT, CLAIBORN WAITE CONSULTING, LLC — ENGINEERING/SURVEYOR, PATHWAY PLANNERS CONSULTING - PLANNER". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 3of14 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 having submitted the preliminary plat "PRELIMINARY PLAT, A RESUBDIVISION OF LOT 10, CRESTWOOD SUB., SECTION 31, TAN., R. IE., B.M., MERIDIAN, ADA COUNTY, IDAHO, RAZZBERRY CROSSING A PLANNED RESIDENTIAL & OFFICE INFILL SUBDIVISION, PROJECT NO. 2163, SHEET NO. 1, CARL & BONNIE REITERMAN — OWNER/APPLICANT, CLAIBORN WAITE CONSULTING, LLC — ENGINEERING/SURVEYOR, PATHWAY PLANNERS CONSULTING - PLANNER", Carl Reiterman and Bonnie Reiterman, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: 1. Delete first sentence at the top of page six. 2. Delete paragraph eight under site specific comments for preliminary plat on page six. 3. Add a paragraph eight on page eight noting that letter of approval from street naming committee shall be required with a note that West Star Lane should be changed to East Star Lane. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (preliminary plat) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 4of14 1. Sanitary sewer service to this site will be from an extension from the existing main in Havasu Creek Subdivision. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. 2. Water service to this site will be from an extension of existing water mains in Havasu Creek Subdivision. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. The developer shall be required to install all trees within each phase of the development prior to any Certificates of Occupancy being issued. 4. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over four feet in height if constructed of a solid material, and shall not be more than four 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. The portion of the open space area that adjoins the open space area for Havasu Creek does not need to be fenced. 5. All parking lot striping must be completed prior to occupancy. 6. All landscaping must be consistent with the approved landscaping plan. 7. All required amenities must be installed prior to occupancy. 8. Each storm drainage lot may have only one rock sump. The maximum dimension of the rock sump may be only 5'. 9. All landscaping must be maintained in accordance with ordinance 12-13-17. 10. All parking stalls and drive aisles must meet parking standards as outlined in Section 11-13 of the Meridian City Code. 11. All access roads and micropaths on the subject property must be constructed of dust - free materials. These materials may include: washed gravel, recycled asphalt, asphalt or concrete. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION/ (PP -03-039) 5of14 12. All trash enclosures must be shown on the site plan. 13. 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. 14. No phasing lines were shown on the preliminary plat. If phasing is planned, applicant shall submit a revised plat prior at least 10 days prior to the next public hearing showing the proposed phase lines. 15. 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 Settler's Irrigation District. 16. 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 assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 17. 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 ofhomes is at least 1 -foot above groundwater. GENERALCOMMENTS (preliminary nlatl 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. A separate letter of credit or cash surety will be required for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 6of14 landscaping. 3. 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. 4. All irrigation 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. 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. 5. 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. 6. 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. Performance specifications for the common area pressurized irrigation system shall be submitted with each Final Plat application. C. Adopt the recommendations of the Ada County Highway District as follows: Special Recommendation to the City of Meridian Because the 1 -acre parcel adjacent to the northeast corner of the site is an "out parcel," the District can not require the applicant to construct sidewalk abutting that 1 -acre parcel because it is not a part of the subdivision plat. The District does however recognize that there are a number of schools in the area and that pedestrian safety is a concern. Therefore the District is making a special recommendation to the City of Meridian that the applicant be required to construct a 5 -foot wide concrete sidewalk along Locust Grove to connect to the sidewalk that is required to be constructed along Locust Grove with this application. There is sufficient existing right-of-way for the construction of the sidewalk on the out parcel; the face of the sidewalk would need to be located 28 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 7of14 feet from the centerline in the existing 33 -feet of right-of-way. If this additional sidewalk is constructed, there will only remain approximately 170 -feet of frontage on Locust Grove in need of sidewalk in order to connect to Havasu Creek Subdivision. Site Specific Conditions of Approval I • The applicant shall do one of the following: a. Dedicate by donation a total of 35 -feet of right-of-way along Locust Grove Road, and construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a 2 -feet within the new right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28 -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 Locust Grove 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 West Star Lane, into the site (or up to the wwest of Locust Grove approximately 470 -feet west esternmost commercial driveway on West Star Lane), as a 40 -foot street section with curb, gutter, and 4 -foot detached concrete sidewalk and 5 -foot landscaping strip within 54 -feet of right-of-way in accordance with district policy for commercial roadways. �. Construct West Star Lane, west of the last commercial driveway as a 29 -foot street section with curb, gutter, and concrete sidewalk within 50 -feet of right-of- way as proposed. 4• Construct North Heritage View Avenue, Reiterman Avenue, and North Heritage Woods Avenue as 29 -foot street sections with curb, gutter, and concrete sidewalk within 50 -feet of right-of-way as proposed. 5• Construct 4 -foot detached concrete sidewalks with 5 -foot landscaping strips abutting all of the internal roadways as proposed. 6. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 8of14 7. 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 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 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 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 #198, 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 ACHD Traffic Operations 387 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 9of14 6190 in the event any ACHD conduits (spare 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 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. D. Adopt the recommendations of the Meridian Fire Department as follows: 1. Provide a fire -flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All roads internal fire lanes and entrances shall have a turning radius of 28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All streets shall be posted "No Parking Fire Lane" and all curbs painted red.. E. Adopt the recommendations of the Settler's Irrigation District as follows: 1. All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Parkins-Nourse Lateral and the Heritage Drain. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 10 of 14 landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre -construction meeting. 7. According to the application, it is proposed that the subdivision will access a pressure irrigation stub from the existing Havasu Creek Subdivision's pressure irrigation system. SID has no objections to this proposal as long as the system is installed to our standards and specifications, and the developer of Havasu Creek is agreeable allow connection since SID as not assumed ownership of the system to date. F. Adopt the Recommendations of 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. 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 action of the City Council at their February 3, 2004 meeting as follows: For clarification: ACHD's special recommendation asked the City to require the developer to Put curb, gutter, and sidewalk on the parcel, but because the proposed property was not part of the annexation request, and is not part of the plat request, this parcel shall remain a county property until such time as they want to develop it. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 11 of 14 2. It shall be required that prior to Final Plat submittal the applicant must receive approval from the Meridian Fire Department for parking on one side of the proposed street sections west of the landscape buffer dividing the residential development from the proposed Light Office development. This may require a revised street section. For the corresponding conditional use permit application, CUP -03-062, the Light Office development will require detailed Conditional Use approval. 4. Before submittal of the Final Plat, the developer shall obtain the necessary easements and/or other written evidence of permission to install the curb, gutter and sidewalk along Locust Grove Road, which would be on an out parcel. 5. The applicant shall be required to provide 47 '/2 feet for street frontage. 6. The Meridian Fire Department has required the removal of the landscape island in the center of the street to allow better access for fire trucks in the subdivision. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 12 of 14 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 -4---7105' day of 6J�7,ctvs 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED P_ COUNCILMAN BILL NARY VOTED_ COUNCILMAN CHARLIE ROUNTREE VOTED_i t COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Ma de Weerd umu°n,p, Attest: `, a Of M13.!,,'. `t'P' rEO $EAL Villiam G. Berg, Jr., City Clerk = v $" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 13 of 14 Copy served upon Applicant, The Planning and Zoning Department, Public WOO' F �M Department and City Attorney. By: y Dated: Ci CI k o �y O ERI'�iq 0 ORA SEAL 1 y� T 1S1 q OP .• Z:\Work\MVNeridian\Meridian 15360IvflRzzzberry Crossing AZ -03-034 PP -03-039 CUP-03-0620ClsOrdPP.doc - - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RAZZBERRY CROSSING SUBDIVISION / (PP -03-039) 14 of 14