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HomeMy WebLinkAboutGoldstone Ctr Condo PFP 02-003 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARYIFINAL PLATFOR) GOLDSTONE CENTER ) CONDOMINIUMS SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) EAGLE ROAD, APPROXIMATELY Yo ) MILE SOUTH OF OVERLAND ROAD, ) MERIDIAN, IDAHO ) ) ) ) ) C/C 11/26/02 Case No. PIFP-02-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARYIFINAL PLAT BY: SUNDANCE COMPANY, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on November 26, 2002, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and Ryan Anderson, appeared and testified at the hearing, and the City Council having received a report from David McKinnon Planner II 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 applicant having submitted the Plat Drawing described as follows, "PLAT OF GOLDSTONE CENTER CONCOM1NIUMS, A RESUBDIVlSION OF LOT 5, BLOCK 1, SILVERSTONE SUBDIVISION, LYING IN THE NW Yo, SECTION 21, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, shtlofdwg 07-15-02 11:16:14 jcox, Handwritten Date: 7/15/02, SHEET 1 OF 4, PROJECT NO. 2492, TEALEY'S LAND SURVEYING", submitted for preliminary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - GOLDSTONE CENTER CONDOMINillMS SUBDIVISION (pFP-02-003) - 1 plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. 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 C-G General Retail and Service Commercial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 K] 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 Urban Services can be made available to accommodate the proposed development uthe 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 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 are met 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 thete have been no specifics of any such concerns brought to the Council's attention. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - GOLDSTONE CENTER CONDOMINillMS SUBDIVISION (pFP-02-003) - 2 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. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 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/Final Plat of the applicant as evidenced by "PLAT OF GOLDSTONE CENTER CONCOMlNIUMS, A RESUBDIVlSION OF LOT 5, BLOCK 1, SILVERSTONE SUBDIVISION, LYING IN THE NW Yo, SECTION 21, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, shtlofdwg 07-15-02 11:16:14 jcox, Handwritten Date: 7/15/02, SHEET 1 OF 4, PROJECT NO. 2492, TEALEY'S LAND SURVEYING", has been submitted for preliminary/final plat. 1. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, dated September 30, 2002, listing 6 Site Specific Comments - Preliminary/Final Plat, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of three (3) pages, and by this reference incorporated herein, with the additional requirements from the City Council from their meeting of November 26, 2002, and the requirements are as follows, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - GOLDSTONE CENTER CONDOMINillMS SUBDIVISION (pFP-02-003) - 3 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Complete the Certificate of Owners and accompanying Acknowledgment. 2. Applicant shall comply with all the requirements ofIdaho Code Title 55, Chapter 15 "Condominium Property Act." 3. Correct the spelling of "Resubdivision" in the plat situate statement on pages 1-3. 4. Correct the development name reference in note number 9. 5. Reword note 10 as follows: Adjacent to all right -of-way lines aFe is hereby designated as having a ten (10). . . surfaced driveways fom the public... 6. Correct the domestic water service origin statement in the Certificate of Owners to indicate service from the City of Meridian. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Construct the proposed shared driveway on Goldstone Drive (Silverstone Way) approximately 323 feet east of the west property line abutting Eagle Road. 2. Pave the shared driveway to its full required width (maximum of35 feet) and to a point 30 feet beyond the edge of pavement of Goldstone Drive (Silverstone Way) with 15 foot curb radii tapers. 3. Other than the access point specifically approved with this application, direct lot or parcel access to Eagle Road or Goldstone Drive (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 AFPROVAL OF PRELIMINARYIfINAL PLAT - GOLDSTONE CENTER CONDOMINillMS SUBDIVISION (PFP-02-003) - 4 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 requited to call DIGLlNE (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 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. II. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - GOLDSTONE CENTER CONDOMINillMS SUBDIVISION (pFP-02-003) - 5 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 of 2 hours to service the entire project. Fire hydrants shall be place 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. All radii shall be 28' inside and 48' outside radius. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 6. The roadways shall be built to Ada County Highway Standards with a minimum clear driving width of 20' available at all tinles. 7. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 8. All occupancies will have to meet the separation requirements of the Uniform Building Code. D. Adopt the Recommendations of Central District Health Dept 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. E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. If any storm drainage leaves the site the District will require that a Land Use Change/Site application be filed. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - GOLDSTONE CENTER CONDOMINillMS SUBDIVISION (pFP-02-003) - 6 a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off- site and required on-site improvements; and By action of the City Council at its regular meeting held on the ^ - L env(;vv k)e ,2002. /0 -I!-day of BY:~l ~ ROBERTD. CORRIE Mayor, City of Meridian By:JI~/r~(~ City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ,,\l1\IIII1I1//tl ",,~, of MEIiJ/.?'" ,~~, .....,.../-:-, Dated: !2-/tJ-tl2--- /v~~-", ~\ Z:\Work\M\Meridian\Meridian 15360M\Goldston. Genie. Condo', PFP02-003\PreLimPWFinalPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAw AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARYIFINAL PLAT - GOLDSTONE CENTER CONDOMINillMS SUBDIVISION (pFP-02-003) - 7 " ~IAYOR Robert D. Conic HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARnlEYf (:08) 288.2499 . Fox 288.2101 CITY COCNCIL ~IEMBERS Tanuny deW~rd K~ith Bird Cherie McCandless \Villiam L\l Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-1433, FA."<(208) 8874813 City Cl~ Office Fax (208) 8884218 PUBLIC WORKS BmLDING DEPARTMENT (208) 898.5500' Fa" 887.1:97 PLANNING AI'll ZONING DEPARTMENT (208) 884-1533. FA."< 888.6854 MEMORANDUM: September 30, 2002 To: Mayor, City Council and Planning & Zoning Commission David McKinnon, Planner IT NA .cd Bruce Freckleton, Senior Engffie'eri~g Tech ~ RECEIVED OCT 1 1 2002 From: City Of Meridian City Clerk Office Re: Goldstone Center Condominiums Subdivision . Preliminary/Final Plat Approval of a One (1) Lot Condominium Subdivision on 3.8491 Acres in a C-C Zone, by the Sundance Corporation (File No. PFP- 02-003). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, the Sundance Corporation, has applied for PreliminaryIFinal Plat approval of a one (1) lot commercial condominium subdivision on 3.8491 acres of land on Lot 5, Block I of the Silverstone Subdivision, located on the east side of Eagle Road, south of Overland Road. Approval of the condominium subdivision process will allow the owner of the building to sell space within the walls of the building to different individuals. No external changes will be made to the existing Goldstone Building. The landscaping and other required improvements have already been installed and approved of by the City. LOCATION The property is located on the east side of Eagle Road, approximately Yo of a mile south of Overland Road. SURROUNDING PROPERTIES North: Silverstone Business Park, zoned C-C. South: Silverstone Business Park, zoned C-C. West: Commercial zoned property (the proposed El' Dorado Business Park) zoned C-C and C-G. East: Vacant land, zoned R-1 and RUT (Ada County). PRELIMINARY PLAT FINDINGS AND ~OUIREMENTS ......,..., EaJ.: 6.~ "A. IIf' Gold5lDrIeSUbdMllion..PFP Planning & Zoning Commission/Mayor & City Council September 30, 2002 Page 2 Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance ofa proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. SITE SPECIFIC COMMENTS - PRELIMINARYIFINAL PLAT 1. Complete the Certificate of Owners and accompanying Acknowledgment. 2. Applicant shall comply with all the requirements of Idaho Code Title 55, Chapter 15 "Condominium Property Act." . 3. Correct the spelling of "Resubdivision" in the plat situate statement on pages 1-3. 4. Correct the development name reference in note number 9. 5. Reword note 10 as follows: Adjacent to all right-of-way lines aFe is hereby designated as aa\<iag a ten (10)... ... surfaced driveways fomthe public... PFP-02..o03 Gollbtonc Subdiv:mion .PFP Ed;"''''''' ~", J Planrllng & Zoning CommissionlMayor & City Council September 30, 2002 Page 3 6. Correct the domestic water service origin statement in the Certificate of Owners to indicate service from the City of Meridian. RECOMMENDATION Staff recommends approval ofthe proposed preliminary/final plat, with the aforementioned findings and conditions. PFP-02-Q03 Eu.:~:4" A" !ofa GoIdstoncSubtivision.PFP