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HomeMy WebLinkAboutValeri Heights Subdivision PP-00-005BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN Revised C/C 11-08-00 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR VALERI HEIGHTS SUBDIVISION BY: GOLD RIVER COMPANIES, INC., APPLICANT Case No. PP-00-O05 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 May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and July 18, 2000, and then re-noticed for August 15, 2000, and continued until September 19, 2000 at the hour of 7:30 p.m., at the May 16, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant were David Bailey, Pat Dobie, Traffic Engineer, Scott Harrison- Project Designer, and Michael Marceeze-Property Manager Consultant, and Dave Fuller, and appearing and testifying with comments or concerns were: Irma Calhoun Atkinson, Rick Lambert, Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-00-005) Glenn Blaser, Marie Tamas, Reese Walther, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15, 2000 meeting appearing and testifying in favor of the project were: Greg Kritchville, and Daren McNatt, and at the September 19, 2000 meeting Shari Stiles, Planning and Zoning Administrator appeared and testified, and and those appearing in favor of the project were: Jennifer Berfile, John Calhoun, Vicki Fuller, Robert Welker, Amber Kerns, Jeff Strouhs, Carrie Rudy, and Steve Bravo, DaVe Fuller, Michael Marceeze, Colleen Calhoun, and David Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica Atkinson, Lynn Hackstetter, Kirk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, Michael Carthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, ILaty Corbol, Mark Lines, Rick Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel Nelson, David Atkinson, Roger Ferner, Chelsea Ghasserani, Jody Clark, Chris Staley, Devon Everhart, and Steven Martin, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERI( OFFICE, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C9913, Sheet PP-1, for Valeri FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC../ VALERI HEIGHTS SUB. (PP-00-005) - 2 Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION," 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. findings: Therefore the City Council makes the following FINDINGS OF FACT That the proposed development is in conformance with the 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 Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Medium High Density Residential District (R-15) and Limited Office District (L-O), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. Itis 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-O0-005) 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 Assistant City Engineer 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. 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: "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERI( OFFICE, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C9913, Sheet PP-1, for Valeri Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION". DECISION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC../ VALERI HEIGHTS SUB. (PP-O0-005) 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 "Site Plan Drawing, DATE: 02/01/2000 and stamped RECEIVED AUG 21 2000 CITY OF MERIDIAN CITY CLERK OFFICE, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C9913, Sheet PP-1, for Valeri Heights Planned Development, By: Gold River Companies, Inc., David A. Bailey Consulting, Gold River Companies, Inc., Developers, for VALERI HEIGHTS SUBDIVISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning and Engineering Department Recommendations as follows: 2.1 2.2 2.3 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC../ VALERI HEIGHTS SUB. (PP-00-005) 2.4 Sanitary sewer service to this site shall be via extensions from existing Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. mains that were installed adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.5 Water service to this site shall be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.6 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall 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. 2.7 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.8 Show all existing easements for irrigation/drainage facilities located within the boundaries of this proposed development. 2.9 Detailed landscape plans for the common areas, including fencing locations, water fountain area and types of construction, shall be submitted for review and approval with the submittal of the final plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC../ VALERI HEIGHTS SUB. (PP-00-005) map or prior to applying for building permits, whichever occurs first. A letter of credit or cash surety shall be required for the improvements prior to signature on the final plat. 2.10 Six-foot-high, permanent perimeter fencing shall be provided. Submit detailed plans for approval with submittal of the final plat and/or building permit applications. All required fencing is to be in place prior to applying for building permits. The Planning and Zoning Commission further requires: 2.11 Ada County Highway District three-lane improvement and installation of a traffic signal shall be a condition of approval before any certificate of occupancy is provided. 2.12 Landscape sprinkling in the unimproved right-of-way on Pine and Ten Mile be a condition of approval. Adopt the Recommendations of the Ada County Highway District as follows: 2.13 Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. 2.14 Dedicate 35-feet of right-of-wav from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.15 Construct a 30-foot wide driveway on Pine Street, located as proposed, approximately 320-feet east of Ten Mile Road. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2.16 Construct a center turn lane on Pine Street for the Pine Street/driveway intersection. Construct the lane to provide a minimum of 100-feet of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-00-O05) storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Additionally, Applicant to design and construct a left-turn lane from Pine Street onto Ten Mile Road. 2.17 Construct a center turn lane on Ten Mile Road for the Lightning Way/Ten Mile Road intersection. Construct the lane to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Additionally, Applicant shall design and construct a left-turn lane from Ten Mile Road onto Pine Street. 2.18. Construct Gray Cloud Way to connect to an existing stub street at the north property line. 2.19 Locate driveways within the subdivision, a minimum of 50-feet from street intersections. Pave the driveways their full width of 24 to 30-feet and at least 30-feet beyond the edge of pavement. 2.20 Stub Gray Cloud Way to the east property line. Provide a paved temporary turnaround at the end of Gray Cloud Way with a temporary easement provided to the District. Coordinate the turnaround with District staff. 2.21 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way. 2.22 Construct a 5-foot wide concrete sidewalk on Pine Street abutting the site within 2-feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.23 Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting the site within 2-feet of the new right-of-way. Coordinate the location. elevation and grade of the sidewalk with District staff. 2.24 Install a standard 30" by 30" STOP sign at the intersection of Pine Street and the proposed driveway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-O0-O05) 8 2.25 2.26 2.27 2.28 2.29 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Other than the access points specifically approved with this application. direct lot or parcel access to Ten Mile Road or Pine Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Requests for modification, variance or waiver of any requirement or policy shall be made in writing to the ACHD Planning and Development Supervisor, and such request shall identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. Request for reconsideration shall be made in writing to the Planning and Development Supervisor. The request shall identify each requirement to the reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. Payment of applicable road impact fees are required prior to building construction. 2.30 2.31 2.32 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. 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 PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC../ VALERI HEIGHTS SUB. (PP-00-005) 9 2.33 Applicant shall 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. 2.34 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 ACHD. Applicant shall be responsible to obtain written confirmation of any change from ACHD. 2.35 Any change by the applicant in the planned use of the property shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force, unless a waiver/variance of said requirements or other legal relief is granted. 2.36 Applicant additionally meet the requirements within the ACHD's letter of August 15, 2000; except to the extent modified by any findings or order adopted by the Meridian City Council. Adopt the Recommendation from the Meridian City Fire Department as follows: 2.37 Access to the end apartments to pull hoses will need to be improved. Adopt the Recommendations from the Nampa & Meridian Irrigation District: 2.38 The District's Eightmile Lateral courses through the northeast corner of the project, and therefore, the District reserves the right to deem what is necessary as a right-of-way for operation and maintenance. Any encroachments shall be approved through a signed license agreement. Adopt the Recommendations from the Community Planning Association of Southwest Idaho (COMPASS) as follows: 2.39 Develop a transportation management plan in coordination with ACHD Commuteride Program. The transportation management plan shall be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-O0-005) - 10 reduction goals. 2.40 In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). Additionally, adopt the Commitments from Susan Wildwood's letter dated September 13, 2000, and the Applicant's testimony, and the Applicant shall so comply as follows: 2.41 Install a traffic signal at Ten Mile Road and Pine Street. 2.42 Redesign the office building to make the exterior more attractive by using decorative window and door styles on all sides of the building; provide a weather access and a "cut-through" through the building from the parking lot to the traffic signal. 2.43 Restrictions on the type of businesses (no bars or taverns), and hours of operation for the office building, specifically 0800 to 1800. 2.44 Increase setbacks for garage buildings to 15 feet. 2.45 Reduce the number of garage units by at least two, down from 161 to 159, to increase open space and landscaping. 2.46 Install sidewalks on the east side of Ten Mile Road between Thunder Creek and the LDS Church. 2.47 2.48 Restrict the right to make application for any additional increase in the allowed R-15 density or change of use, except as to what is allowed in the LO designation under the conditional use for the office building. Make 20 family memberships available, on a paid basis, to the neighbors of the Thunder Creek Subdivision in the Valeri Heights Homeowners' Association. 2.49 Continue to work with neighbors regarding minor issues, such as fencing, parties and other on-going activities in the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC.. / VALERI HEIGHTS SUB. (PP-O0-O05) 11 Adopt the further requirements of the City Council from their September 19, 2000 meeting as follows: 2.50 Applicant to install a stoplight at the intersection of Pine Street and Ten Mile Road with a left turn lane and sidewalks on Ten Mile. 2.51 Gray Cloud Way shall be gated with a security gate which would allow access only to pedestrians, bicycles and emergency vehicles. No structural building permits may be issued until all of the improvements required by the City in this decision are built and all other conditions are met. //g~e.ey actiqn of the City Council at its regular meeting held on the ~'/~ day of ,~.~g~,.~ , 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID ~tND SHIRLEY FULLER AND GOLD RIVER COMPANIES, INC../ VALERI HEIGHTS SUB. (PP-O0-O05) 12 ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS VOTED VOTED MAYOR ROBERT D. CORRIE (Tie Breaker) VOTED Copy se~ed upon Applicant, the Planning and Zoning Department, Public Works Depaament and City Attorney. ,,.~"""""" ~/,,,, By - Dated: City Clerk msg/Z:\WorkhMhMeridianLMeridian 15360M~Valeri Heights AZ~fClsOrd. PP.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FULLER AND GOLD RIVER COMPANIES. INC.. / VALERI HEIGHTS SUB. (PP-O0-005) 13