HomeMy WebLinkAboutSouthstone Subdivision PPBEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 05/25/04
C/C 06/01/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR SOUTHSTONE
SUBDIVISION FOR 8
COMMERCIAL BUILDING LOTS
ON 3.06 ACRES LOCATED AT THE
NORTHEAST INTERSECTION OF
EAGLE ROAD AND GIRDNER
LANE, APPROXIMATELY''/z MILE
NORTH OF THE NORTHEAST
INTERSECTION OF EAGLE ROAD
AND VICTORY ROAD, MERIDIAN,
IDAHO
Case No. PP-04-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: PINNACLE ENGINEERS, INC.,.
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on May 25, 2004 and continued until June 1, 2004, and Anna Powell Planning Director for the
Planning and Zoning Department, Chris Hobbs, Steve Siddoway of the Planning and Zoning
Department, and David McKinnon, appeared 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 part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDNISION / (PP-04-008)
Page 1 of 17
Preliminary Plat "SOUTHSTONE SUBDIVISION PRELIMINARY PLAT REAL ESTATES
INVESTMENTS, PRELIMINARY PLAT FOR SOUTHSTONE SUBDIVISION A PORTION
OF THE SE '/ OF THE NE '/ OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE: 02/12/04, DRAWN BY: BKR,
DESIGNED BY: DBM, CHECKED BY: M.R. SHEPPARD, P.E., PROJECT NO. C046010,
SHEET PP-1, STAMPED: RECEIVED MAY OS 2004 CITY OF MERIDIAN CITY CLERK
OFFICE, REAL ESTATE INVESTMENTS WILLIAM & SHARI LEWIS -
OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, 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
1. 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 L-O is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 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 found that public services
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTITONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 2 of 17
are readily available to the lots within the proposed subdivision. The applicant is working with
SSC to resolve SSC's concerns regarding trash collection on the property. The developer will
extend services to each individual lot within the subject property.
3. It is determined that Urban Services can be made available to accommodate a
portion of the proposed development. It is found that sanitary sewer and water mains service is
readily available from exisfing mains adjacent to the subject site. All other public services
appear to be adequate to service this property. It is found that this development will not cause
excessive additional requirements at public cost. Sewer and water will be extended to the
proposed development by the developer. These improvements will be funded and constructed by
the developer.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the condifions, 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 improvements will be funded and constructed by the
developer. It is found that the subdivision is in with and will not negatively impact the capital
improvement plan. Because the developer is installing sewer, water, local street infrastructure,
utilifies and irrigation, the subdivision will not require the expenditure of capital improvement
funds.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 3 of 17
concerns brought to the Council's attention. It is found that the development will not require
major expenditures for supporting services. The developer will fund and construct the
supporting services. The Meridian Police Chief has expressed concerns regarding the
subdivisions' access point at the north of the subject property. Chief Musser has recommended
that the access point to the north be moved west so that the northern access point and the
southern access point for the property do not line up and create a drive aisle which could
encourage cut-through traffic. Moving the access point to the west will help to reduce cut-
through traffic and reduce speeding in the parking lot of the proposed Southstone Subdivision.
The applicant has submitted a revised site plan which has been approved by Joe Silva of the
Meridian Fire Department.
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 "SOUTHSTONE SUBDIVISION PRELIMINARY PLAT
REAL ESTATES INVESTMENTS, PRELIMINARY PLAT FOR SOUTHSTONE
SUBDIVISION A PORTION OF THE SE '/ OF THE NE '/ OF SECTION 21 TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE:
02/12/04, DRAWN BY: BKR, DESIGNED BY: DBM, CHECKED BY: M.R. SHEPPARD,
P.E., PROJECT NO. C046010, SHEET PP-1, STAMPED: RECEIVED MAY OS 2004 CITY OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 4 of 17
MERIDIAN CITY CLERK OFFICE, REAL ESTATE INVESTMENTS WILLIAM & SHARI
LEWIS - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.".
8. There are no health, safety, or environmental problems regarding this project.
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 aze 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 "SOUTHSTONE SUBDIVISION PRELIMINARY PLAT REAL ESTATES
INVESTMENTS, PRELIMINARY PLAT FOR SOUTHSTONE SUBDIVISION A PORTION
OF THE SE '/ OF THE NE Y OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE: 02/12/04, DRAWN BY: BKR,
DESIGNED BY: DBM, CHECKED BY: M.R. SHEPPARD, P.E., PROJECT NO. C046010,
SHEET PP-1, STAMPED: RECENED MAY OS 2004 CITY OF MERIDIAN CITY CLERK
OFFICE, REAL ESTATE INVESTMENTS WILLIAM & SHARI LEWIS -
OWNER/DEVELOPER, PINNACLE ENGINEERS, INC:', Pinnacle Engineers, 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:
1. Modify paragraph 14, page 7 to delete the reference to a shared pazking
agreement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTl'IONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 5 of 17
2. Add a pazagraph 15 on page 17 stating, "Ten days prior to the next hearing the
applicant will submit a revised plat showing that the north access to the north property is
moved to the west: '
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS - Preliminary Plat:
1. Sanitary sewer and water service to this subdivision will be from the existing mains
installed for the Sutherland Farms project. This development shall be subject to
sanitary sewer latecomers fees. Currently the latecomer fee is $352.88 per
equivalent residential unit.
2. Underground yeaz-round pressurized irrigation must be provided to all lots within
this development (MCC 12-5-2.N). The applicant has indicated that the Nampa &
Meridian Irrigation District will own and operate the required pressurized irrigation
system within this development. The City of Meridian requires that pressurized
irrigation systems be supplied by a yeaz-round source of water (MCC 12-13-8.3).
The 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 City
Engineer. An underground, pressurized irrigation system shall be installed to all
landscape areas per the approved specifications and in accordance with MCC 12-13-
8 and MCC 9-1-28. See Site Specific Condition #8 below.
3. Street signs are to be in place, water system shall be approved and activated,
pressurized irrigation system approved and activated, drainage lots constructed,
fencing installed, and road base approved by the Ada County Highway District prior
to applying for building permits. All development improvements, including
perimeter fencing and landscaping shall be installed and approved prior to obtaining
certificates of occupancy. A letter of credit or cash surety in the amount of 110%
will be required for all fencing, landscaping, pressurized irrigation, amenities,
sanitary sewer, water, etc., prior to signature on the final plat.
4. Submit any updated groundwater/soils monitoring data to the Public Works
Department for review. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIIvIINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 6 of 17
that the parking lot centerline elevations are set a minimum of 3-feet above the
highest established normal groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of structures are at least 1-foot above groundwater.
Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
6. Off-street parking shall be provided in accordance with Section 11-13-5 of the City
of Meridian Zoning and Development Ordinance.
Parking and building layout aze not approved with this application. Sepazate
Certificates of Zoning Compliance will be required for this development.
8. Paving and striping shall be in accordance with the standards set forth in Sections
11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
9. Any drainage areas (detention retention basins) 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
areas shall not exceed 3:1.
10. Outside lighting shall be designed and placed so as to not direct illumination on any
nearby residential areas and in accordance with City Ordinance Section 11-13-4.C.
11. All outdoor trash and/or gazbage collection areas shall be enclosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash
enclosure locations and construction requirements with Sanitary Service Company
(SSC) and provide a letter of approval from SSC to the Planning & Zoning
Department prior to applying for building permits.
12. All signage shall be in accordance with the standazds set forth in Section 11-14 of
the City Zoning and Development Ordinance.
13. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 7 of 17
14. Across-access agreement for between the subdivision lots and for the property to
the north of the subject property must be submitted.
15. The applicant has submitted a revised plat showing that the north access point is
moved to the west.
GENERAL REQUIREMENTS - Preliminary Plat:
Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. Assessment fees for water and sewer service are determined during the building plan
review process.
4. Two-hundred-fifty-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 aze at street intersections and/or
fire hydrants.
5. Underground, year-round pressurized irrigation must be provided to all landscape
areas on site. Please submit hook-up and design details based on the proposed
landscaping.
6. Show all existing and proposed easements for irrigation/drainage facilities located
within the boundaries of this proposed development.
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.
8. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting,
crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/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 Engirieer prior to fmal plat signature.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 8 of 17
9. 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.
10. All construction shall conform to the requirements of the Americans with
Disabilities Act.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Acceptance of the water supply for fire protection will be by the Meridian
Public Works Department.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side
of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. The phasing plan may require that any roadway greater than 150' in length
shall be provided with an outlet shall or be required to have an approved turn
around.
4. All entrance and internal roads shall have a fuming radius of 28' inside and
48' outside radius.
5. Provide a 20' wide Fire Lane for all internal & external roadways.
6. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins.
7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature
landscaping.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 9 of 17
8. Commercial and office occupancies will require afire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 300' apart.
9. The 8 office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Deparlxnent call volumes. The Meridian
Fire Deparlxnent has experienced 2397 responses in the year 2003. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
10. Maintain a separation of 5' from the building to the dumpster enclosure.
11. All processes & storage practices shall be required to comply with the International
Fire Code.
12. Provide exterior egress lighting as required by the International Building & Fire
Codes.
D. Adopt the Recommendations of the Meridian Police Department as follows:
1. Move the access point on the northern edge of the subject property to the west so that
access does not line up with the access point off of Girdner Lane to the south.
E. Adopt the Recommendations of Sanitary Services as follows:
Overhead Clearance: Prior to issuance of a certificate of zoning compliance, the
applicant shall provide a site plan that has a minimum of 13 ft. clearance for service
vehicle height, including power and telecommunication lines. This requirement
increases to 22 ft. clearance at container service locations.
2. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the
applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard.
Containers. Allow a minimum of 60 ft. frontal clearance for such containers.
3. Waste enclosure locations: There is a concern that the enclosures are not located to
minimize service vehicle backing-up requirements. Large waste vehicles have blind
spots when backing up is required. 98% of waste vehicle accidents occur when
backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter
prior to issuance of the certificate of zoning compliance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 10 of 17
4. Enclosure Numbers and or capacity: There is a concern that you have not provided
enough enclosures to meet waste generation points and volumes that may be
generated by the proposed development. Please contact Bill Gregory at SSC (888-
3999) to discuss this matter prior to issuance of the certificate of zoning compliance.
5. Turning Radius: Prior to issuance of a certificate of zoning compliance, the
applicant shall provide a site plan that has a minimum of 50 ft. fuming radius.
6. Waste enclosure Pad: Prior to issuance of a certificate of zoning compliance, the
applicant shall provide a site plan that has a concrete pad inside of all enclosures.
7. Waste enclosure aprons: Prior to issuance of a certificate of zoning compliance, the
applicant shall provide a site plan that has an 8 ft. concrete apron in front of all
waste enclosures greater than 6 and 8 cubic yards.
8. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance,
the applicant shall provide a site plan that has gate locks for both open and closed
positions.
9. Waste enclosure dimensions: Prior to issuance of a certificate of zoning
compliance, the applicant shall provide a site plan that has a minimum of 10 ft.
clearance inside of the enclosure gates with the gates in the open position.
10. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning
compliance, the applicant shall provide a site plan that has bumpers or stops inside
of the enclosure to prevent the container from damaging enclosure walls and gates.
11. Waste enclosure user access: When possible, design the enclosure with an easy
pedestrian access point other than the front gates. This will insure less mess in the
enclosure as well as reduce gate damage.
12. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal
prior to the public hearing. There is a concern that the required modifications may
significantly impact your site design and may require a revised site plan. If the site
plan is revised, contact the planner assigned to the project immediately to discuss
the changes and how to proceed with the revised site plan.
F. Adopt the Recommendations of the Parks and Recreation Department as follows:
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 11 of 17
G. 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 & Welfaze, Division ofEnvironmental
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.
H. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change application prior to fmal platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage should be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
4. The Developer must comply with Idaho Code 31-3805.
5. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian hrgation District.
I. Adopt the recommendafions of the Ada County Highway District as follows:
Special Recommendation to the City of Meridian and the Applicant
Eagle Road is classified as a minor arterial. The applicant should be required to
provide cross access to the parcel to the north via the proposed driveway on
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDNISION / (PP-04-008)
Page 12 of 17
Eagle Road. By requiring cross access, the sites on Eagle Road will have an
additional access point and should allow for increased circulation within this
area.
Site Specific Conditions of Approval
Dedicate 48-feet ofright-of--way from the centerline of Eagle Road abutting the
pazcel by means of a warranty deed. The right-of--way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt
of all requested material. The owner will be paid the fair mazket value of the
right-of--way dedicated which is an addition to existing ACHD right-of--way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that fime
(currently Ordinance #198), if funds are available.
2. Construct a minimum 5-foot wide concrete sidewalk along Eagle Road, located a
minimum of 41-feet from the centerline of the right-of--way
OR
Provide the District with a Public Right's of Way Road Trust Deposit in the
amount of $5,080.00 for the construction of a 5-foot concrete sidewalk on Eagle
Road.
3. If Easy Jet Drive has been constructed as one half of a 40-foot street section with
a minimum of 24-feet of pavement with vertical curb, gutter and 5-foot sidewalk
on the south side of Easy Jet Drive within 40-feet ofright-of--way, dedicate the
remaining 14-feet ofright-of--way and complete the remainder of the street
section (including the construction of vertical curb, gutter and a 5-foot concrete
sidewalk) on the north side of Easy Jet Drive.
4. If Easy Jet Drive has not been constructed, construct Easy Jet Drive as one half
of a 40-foot street section with a minimum of 24-feet of pavement with vertical
curb, gutter and 5-foot sidewalk on the north side of Easy Jet Drive within 40-
feet ofright-of--way.
5. Construct a 30-foot wide curb return type driveway that intersects Eagle Road
approximately 210-feet north of Girdner Lane (proposed Easy Jet Drive), as
proposed. Construct the driveway with a 15-foot curb radius (minimum).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 13 of 17
6. Construct a 25-foot curb return type driveway that intersects Girdner Lane
(proposed Easy Jet Drive) approximately 355-feet east of Eagle Road, as
proposed. Construct the driveway with a 15-foot curb radius (minimum).
7. Other than the access point that has specifically been approved with this
application, direct lot access to Eagle Road is prohibited. Notes of this
restriction shall be noted on the final plat.
8. 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 home by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construcfion 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 construcfion 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 14 of 17
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-
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 firm 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.
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 CONDTl'IONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Page 15 of 17
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.
I5~``
By actio-nrof the City Council at its regular meeting held on the
day of ~/ ~fi>~ , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED__ 1'/~-~
VOTED~"-
VOTED tJt-
VOTED-.
VOTED ~'
.. .
Mayor T de Weerd
\\\„N~tu n4rlry,
Attest: ~ ~'\\~cAaP~TFa ~'
~~ - REAL -
9 9~
William G. Berg, Jr., Cit Clerk % 9o cUSr tst • 19 .20 e^
'% O .~.
gg
•,9CA~}l ~ P.
Copy served upon Applicant, The Plannff~g, ; ~ ~ j~g`l~epart
Department and City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDIVISION / (PP-04-008)
Public Works
Page 16 of 17
By: Dated: ~ "O~ ~ -~
Ci lerk's Office
Z:\Work\Rd\MeridianN4eddian 16360M\Soutbstone Sub A~04-006 PP-04-008\FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SOUTHSTONE SUBDNISION / (PP-04-008)
Page 17 of 17