HomeMy WebLinkAboutCobblefield No. 2 PP 03-033BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/24/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR COBBLEFIELD
CROSSING SUBDIVISION N0.2
FOR 40 SINGLE-FAMILY
BUILDING LOTS AND 7 COMMON
LOTS ON 7.98 ACRES IN
PROPOSED R-8 ZONE LOCATED
APPROXIMATELY'/: MILE EAST
OF THE SOUTHEAST
INTERSETION ON McMILLAN
ROAD AND CINDER ROAD, 1295
WEST McMILLAN ROAD
Case No. PP-03-033
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
MERIDLAN, IDAHO
BY: INITIAL POINT, LLC,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on February 24, 2004, and Anna Powell Planning Director for the Planning and Zoning
Department, Rod Ralphs, Brian English, and Tonya Converse, appeazed and testified, and the
City Council having received a report from Wendy Kirkpatrick for the Planning and Zoning
Department, and Bruce Freckleton, Engineering Technician III, and the City Council having
received as pazt of the record of this matter the recommendation to City Council of the Planning
and Zoning Commission and the preliminary plat being "PRELIMINARY PLAT FOR:
COBBLEFIELD CROSSING N0.2 SUBDIVISION, A PORTION OF THE NW '/4 OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033
Page 1 of 13
SECTION 36, T.4N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, AND' A
RESUBDTVISION OF LOT 1, BLOCK 5 OF COBBLEFIELD CROSSING SUBDIVISION
NOVEMBER 2003, PRELIMINARY PLAT OF COBBLEFIELD CROSSING N0.2
SUBDNISION, CLIENT: DOUG CAMPBELL, JOB NUMBER: SD003-002, CAD FILE:
PRELIMINARY.dwg, DESIGNED BY: STC, DRAWN BY: STC, CHECHED BY: JRL/KC,
DELIVERY DATE: 09/16/03, REVISIONS: NO.: 0 DATE: 09/30/03 BY STC and NO.: 1
DATE: 11/11/03 BY: MMR, SHEET NUMBER:1/3, HANDWRITTEN DATE: 11-12-03,
INITIAL POINT, LLC - OWNER/DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS,
INC.", Initial Point, 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 tOhe 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 is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 D]
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIVIINARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033)
Page 2 of 13
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 available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval. Sewer and water lines will need to be extended
by the developer from existing mains installed in the Cobblefield Crossing Subdivision.
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. Sewer and water lines will need to be extended by the developer from existing mains
installed in the Cobblefield Crossing Subdivision.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT FOR: COBBLEFIELD
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033)
Page 3 of 13
CROSSING N0.2 SUBDNISION, A PORTION OF THE NW % OF SECTION 36, T.4N.,
R 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, AND A RESUBDNISION OF LOT 1,
BLOCK 5 OF COBBLEFIELD CROSSING SUBDNISION NOVEMBER 2003,
PRELIMINARY PLAT OF COBBLEFIELD CROSSING N0.2 SUBDNISION, CLIENT:
DOUG CAMPBELL, JOB NUMBER: SD003-002, CAD FILE: PRELIMINARY.dwg,
DESIGNED BY: STC, DRAWN BY: STC, CHECHED BY: JRL/KC, DELNERY DATE:
09/16/03, REVISIONS: NO.: 0 DATE: 09/30/03 BY STC and NO.: 1 DATE: 11/11/03 BY:
MMR, SHEET NUMBER:1/3, HANDWRITTEN DATE: 11-12-03, INITIAL POINT, LLC -
OWNER/DEVELOPER, LEAVITT & ASSOCIATES ENGIlVEERS, INC.".
8. The City Council recognizes the concerns of Joint School District No. 2
expressed in their letter dated October 21, 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 having submitted the
preliminary plat "PRELIMINARY PLAT FOR: COBBLEFIELD CROSSING N0.2
SUBDNISION, A PORTION OF THE NW '/< OF SECTION 36, T.4N., R.1 W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO, AND A RESUBDIVISION OF LOT 1, BLOCK 5 OF
COBBLEFIELD CROSSING SUBDNISION NOVEMBER 2003, PRELIMINARY PLAT OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033)
Page 4 of 13
COBBLEFIELD CROSSING N0.2 SUBDIVISION, CLIENT: DOUG CAMPBELL, 70B
NUMBER: SD003-002, CAD FILE: PRELIIvIINARY.dwg, DESIGNED BY: STC, DRAWN
BY: STC, CHECHED BY: JRL/KC, DELIVERY DATE: 09/16/03, REVISIONS: NO.: 0
DATE: 09/30/03 BY STC and NO.: 1 DATE: 11/11/03 BY: MMR, SHEET NUMBER:1/3,
HANDWRTfTEN DATE: 11-12-03, IlVTTIAI, POINT, LLC - OWNER/DEVELOPER,
LEAVITT & ASSOCIATES ENGINEERS, INC.", Initial Point, 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:
Add a paragraph 11 on page 7 stating that the applicant and their neighbors, the
Englishes and the Converses, shall provide a letter of agreement regarding
water delivery prior to submittal of the Final Plat.
2. Add a paragraph 12 on page 7 stating that any change to Cobblefield
Subdivision No. 1 is not a part of this application.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS (oreliminarv slat)
1. The applicant must construct the approved amenities on Lot 1, Block 5 Cobblefield
Crossing No. 1 and as modified by this proposal.
2. Fencing details shall be submitted with the Final Plat application. Fencing adjacent
to pathways or the common area lots shall not be over three feet in height if
constructed of a solid material and shall not be more than 4 feet in height if it is non-
sight obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any
building permits being issued, unless agreed to otherwise in writing by the Planning
Director.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDIVLSION N0.2 / (PP-03-033)
Page 5 of 13
3. All adjacent agricultural uses shall be protected and a note added to the face of the
plat regarding the .Right to Farm Act.
4. 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. If not installed, landscaping and fencing must be bonded for prior to
applying for building permits.
5. No phasing lines were shown on the preliminary plat. If phasing is planned,
applicant shall submit a revised plat prior at least l0 days prior to the next public
hearing showing the proposed phase lines.
6. Underground pressurized irrigation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized imgation system within this
development is to be owned and maintained by the Settlers Irrigation District.
7. 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, 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 azeas prior to signature on the final plat by the,
Meridian City Engineer.
8. Submit final groundwater/soils monitoring data as prepared by a soils scientist with
the final plat. Any drainage areas (detention/retentionbasfns) must be designed to
ensure that water will percolate or discharge within a period of time not to exceed 24
hours for all storms up to and including a 100-year storm event. Side slopes within
drainage azeas 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 constmction 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 help ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above
groundwater.
9. Add Lot 7, Block 16 to the list of lots in note 7.
10. The applicant/developer shall be required to pay sewer and water assessment fees
for and physically connect the existing home on Lot 1, Block 16 to city sewer and
water services.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELII~IINARY PLAT
COBBLEFIELD CROSSING SUBDNISION N0.2 / (PP-03-033)
Page 6 of 13
GENERAI. COMMENTS (oreliminarv ulafl
1. Submit a copy of the Ada County Street Name Committee's final approval letter for
the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
2. Coordinate fire hydrant placement with the City of. Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
6. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
7. Performance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require afire-flow of 1,000 gallons per minute
available for a duration oft hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033)
Page 7 of 13
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. The court on the end of W. Adams Place shall have the curbs painted red from Lot
10 to Lot 16.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
8. The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. The lots adjacent to
the knuckles on Blocks 14 Lots 3,4,5,25,26,27 shall be posted "No Parking Fire
Lane" and shall have the curbs painted red.
D. Adopt the Recommendations of ACHD as follows:
1. The applicant shall construct a 5-foot detached concrete sidewalk south of the Lamp
Canal within an easement provided to the District.
2. Construct the main entrance, North Zachary Way, to intersect McMillan Road
approximately 130-feet (to the centerline) east of the west property line, as proposed.
3. Constmct all of the internal roadways as 36-foot street section with curb, gutter and
5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed.
4. Constmct a stub street (W. Adams Place) to extend to the west property line
approximately 575-feet (measured centerline to centerline) south of McMillan Road,
as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE".
5. Construct a stub street to extend to the east property line. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELINIlNARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033)
Page 8 of 13
6. Any proposed landscape islands/medians within the public right-of--way dedicated by
this plat shall be owned and maintained by a homeowners association. Notes of this
are required on the final plat.
7. Provide a minimum of 21-feet measured from back of curb to back of curb on either
side of a proposed island or median.
8. Other than the accesses that have been approved with this application, direct lot
access to McMillan Road is prohibited and shall be noted on the final plat.
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Aonroval
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 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, LSPWC 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
COBBLEFIELD CROSSING SUBDMSION N0.2 / (PP-03-033)
Page 9 of 13
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 ACRD 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-
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
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
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
E. Adopt the 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDMSION N0.2 / (PP-03-033)
Page 10 of 13
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 Recommendations of Settlers' Irrigation District as follows:
1. All imgation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Coleman Lateral. The requested
easement is 30' (15' on either side from the center line of the lateral)
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
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 Settler's Irrigation
District own, operate, and maintain the pressure irrigation system an agreement
needs to be in place prior to the pre-construction meeting:
H. Adopt the action of the City Council from their February 24, 2004 meeting as
follows:
For Clarification:
1. The applicant shall submit a revised Landscape Plan for review by the Planning and
Zoning Department, and approval if the requirements of the Landscape Ordinance
aze met.
2. For the adj acent neighbors Allen and Tawnya Converse - 4550 N. Linder Road, and
Brian and Mazgie English -4650 N. Linder Road, Settlers Irrigation District will
continue to deliver 39 Miner's Inches to the Butler Lateral #28. This Lateral carries
irrigation water to your property from the Settlers Canal. Settlers Irrigation District
is requesting their current irrigation schedule so that the District may include this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTl'IONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDMSION N0.2 / (PP-03-033)
Page 11 of 13
information as part of an irrigation schedule being developed by SID. SID believes
that this will ease their concerns with regards to irrigation and Cobblefield
Subdivision.
3. The applicant shall provide an additional notation on the Final Plat, and within the
CC&R's for the subdivision, the Right To Farm Act language.
4. To provide a solution to the drainage issues, the applicant is proposing to have the
drainage flow into the Murdoch line source that feeds into the adjacent property
(Buse property) across the street. A letter of approval would need to be provided by
either Mr. Buse or Bridgetower for Settlers to agree with this solution. If this option
does not work, then the applicant shall pipe that area to help carry the water out to
the same point where it was draining originally.
5. The applicant has also worked with Settlers to make sure the control of the flow of
water coming off the headgate does get shut off.
6. The applicant shall continue to work with Settlers Irrigation District to resolve any
water issues.
7. The adj scent property owners, Allen and TawnyaConverse - 4550 N. Linder Road,
and Brian and Margie English - 4650 N. Linder Road, shall be allowed access to
Settlers Irrigation District facilities after the subdivision is built.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELINIINARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033)
Page 12 of 13
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 ~/,I/cG~ , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KETI'H BII2D
MAYOR TAMMY de WEERD
(TIE BREAKER)
William G. Berg, Jr.,
'o,~ Oar ~..{
Copy served upon Applicant, The Planning and'
Department,and City Attorney.
VOTED
VOTED_~-
VOTED_~G~
VOTED__I~-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COBBLEFIELD CROSSING SUBDIVISION N0.2 / (PP-03-033)
Page 13 of 13