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HomeMy WebLinkAboutSilverstone Sub 3 PP 02-017 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/06/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SILVERSTONE ) SUBDIVISION NO.3, LOCATED ) ON THE SOUTHEAST CORNER OF ) EAST OVERLAND ROAD AND ) SOUTH EAGLE ROAD, MERIDIAN, ) IDAHO ) ) BY: SUNDANCE INVESTMENTS, ) ) APPLICANT ) ) Case No. PP-02-017 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 November 6, 2002, and Brad Hawkins-Clark, Interim Planning Director, for the Planning and Zoning Department, and Ryan Anderson, appeared and testified, and the City Council having received a report from David McKinnon of the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, 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 "PRELIMINARY PLAT OF SLIVERS TONE SUBDIVISION NO.3, A RESUBDIVISION OF LOTS 2, 3, 6 & 7 AND PORTIONS OF LOTS 8, 10 & 11, BLOCK 1, SILVERSTONE SUBD., LYING IN THE NW 1/4, NW 1/4, SECTION 21, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, DWG\2493-PRE, DRAFT: jdd, DATE: JULY, 2002, HANDWRITTEN DATE: 7/15/02, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-017) 1 PROJECT NO.: 2493, TEALEY'S LAND SURVEYING," Sundance Investments 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 S 12-3-3. Therefore the City Council makes the following [mdings: FINDINGS OF FACT I. That the proposed development is in conformance with the Comprehensive Plan by reason ofthe 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 (C-C) Community Business District, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 I] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21,1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development ifthe plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 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 ill 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONALAPPROVALOF-PRELIMINARY-PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-017) 2 5. The development ifbuilt 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 ofthe 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 OF SLIVERSTONE SUBDIVISION NO.3, A RESUBDIVISION OF LOTS 2, 3, 6 & 7 AND PORTIONS OF LOTS 8,10 & 11, BLOCK 1, SILVERSTONE SUBD., LYING IN THE NW 1/4, NW 1/4, SECTION 21, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, DWG\2493-PRE, DRAFT: jdd, DATE: JULY, 2002, HANDWRITTEN DATE: 7115/02, PROJECT NO.: 2493, TEALEY'S LAND SURVEYING". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 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 "PRELIMINARY PLAT OF SLIVERS TONE SUBDIVISION NO.3, A RESUBDIVISION OF LOTS 2, 3, 6 & 7 AND PORTIONS OF LOTS 8, 10 & 11, BLOCK 1, SILVERSTONE SUBD., LYING IN THE NW 1/4, NW 1/4, SECTION 21, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONALAPPROVALOF-PRELIMINARY-PLA T SILVERSTONE SUBDIVISION NO. 3 ~ (PP-02-017) 3 DWG\2493-PRE, DRAFT: jdd, DATE: JULY, 2002, HANDWRITTEN DATE: 7/15/02, PROJECT NO.: 2493, TEALEY'S LAND SURVEYING", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements I. Revise the preliminary plat map to show all existing sanitary sewer and water mains and services, and any proposed new mains or services to each lot. 2. Show the proposed private drive that runs adjacent to the north boundary of this subject site. 3. Add a note to the preliminary plat that explains the shared/cross access easement situation for the lots. General Requirements 1. 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 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. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hookup and design details based on the proposed landscaping. Due to the size oflandscaped area, primary water supply connection to the City's mains will 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF _ CONDITIONAL Al'l'ROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-017) 4 a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Driveways on Silverstone Way shall be located a minimum distance of 175 feet from Eagle Road, and shall align or offset a minimum of 125 feet from any existing or proposed driveways. Pave all driveways to a maximum width of 35 feet and at least 30 feet into the site beyond the edge of pavement of Silverstone Way and install pavement tapers with 15 foot curb radii abutting the existing roadway edge. 2. The following access points on Eagle Road are approved with this application: . A driveway located on Eagle Road approximately 440 feet south of Overland Road is approved with this application. . A driveway located on Eagle Road approximately 1,150 feet south of Overland Road (approximately 690 feet south of the northern driveway) is approved with this application. Both driveways shall be paved a maximum width of35 feet and at least 30 feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15 foot radii abutting the existing roadway edge. 3. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Silverstone Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 4. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF .. CONDITIONAL Al'l'ROYAL OF PRELIMINARY PLAT SILVERSTONE SUBDMSION NO.3 - (PP-02-017) 5 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 ofIdaho 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 is required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call mGUNE (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 of the Applicant's authorized representative and an authorized representative ofthe 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 waiverl 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF _ CONDITIONAL Al'l'ROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-017) 6 C. Adopt the Recommendations of the Meridian Fire Department as follows: I. A fire-flow as required by the Uniform Fire Code shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10' shall be permitted. 9. All building uses and processes are to comply with the fire code in effect at the time of construction. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District. I. Applicant shall apply for a land use change/site application. E. Adopt the Recommendations ofthe Central District Health Department as follows: 1. 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. 2. Run-off is not to create a mosquito breeding problem. 3. 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 Al'l'ROYAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-017) 7 4. 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. day of B~n of the 9ty Council at its regular meeting held on the P't/ehv~ ,2002. (cf4 ROLL CALL COUNCILWOMAN McCANDLESS VOTED$c....- VOTED~'-' VOTED~ COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILMAN NARY VOTED$ - lj~ MAYOR ROBERT D. CORRIE ~" _ (TIEBREAKER) 11-(9-02-- ---;-- Copy served upon Applicant, The Planning and Zoning Department, Public Works ,",''''''''',, . \\\' F M"~ Jill Department and CIty Attorney. ","... 0 C~/" 11111 " ~, VI.. " ;:,' c) P,PDR.1 "'1--:-~ II 2 ,..cP ~o ~ By:df'iB- ~ ~~ 9- Dated: II ~ 2kJ--~ 2-.1 '< ~ City Clerk - VOTED Z:\Work\M\Meridian\Meridian 15360M\Silverstone Sub No 3 PP02.017\FfCIsOrdPP .doc ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF "CONDITIONAL Al'I'ROY-AL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-017) 8