HomeMy WebLinkAboutTreasure Valley No 3 PP02-024BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 12/17/02
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR TREASURE VALLEY
N0.3 SUBDIVISION, LOCATED
ON THE SOUTHWEST CORNER
OF N. EAGLE ROAD AND E.
FAIRVIEW AVENUE, MERIDIAN,
IDAHO
Case No. PP-02-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: CLARK DEVELOPMENT,
APPLICANT
The above entitled matter coming on regulazly for public hearing before the City Council
on December 17, 2002, and Brad Hawkins-Clark, Interim Planning Director, for the Planning and
Zoning Deparhnent, Steve Arnold, Gene Avery, and Michael Brokaw, appeared and testified, 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 "PRELIMINARY
PLAT TREASURE VALLEY BUSINESS CENTER -PHASE 3, A RESUBDIVISION OF A
PORTION OF LOT 1, AND LOTS 2, 6, 7, 8, 9, 10, & 11, BLOCK 1-TREASURE VALLEY
BUSINESS CENTER-PHASE 1, NE'/4 OF SECTION 8, T.3N., R.IE., B.M., MERIDIAN, ADA
COUNTY, IDAHO, DWG DATE: 09/13/02, DWG N0.20804, SHEET: 1 OF 1 PREL, ~20804-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY N0.3
SUBDIVISION - (PP-02-024)
PRE.DWG BKB, BRIGGS ENGINEERING, INC. -ENGINEERS .PLANNERS
SURVEYORS, THOMAS T. WRIGHT CO, GEMSTONE, INC. - OWNER/DEVELOPER,
STEVE ARNOLD -PLANNER", Clazk Development for Thomas T. Wright Co. -Gemstone,
Inc. 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
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
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned (I-L) Light Industrial, and requires connection to the Municipal Water and
Sewer System. [Meridian City Code § 11-7-2 N]
2. It is found that the Generalized Land Use Map (93' Comprehensive Plan) depicts
the subject property as "Commercial" adjacent to Fairview and "Industrial" adjacent to Jewel
Street and Eagle Road. It is also found that the subdivision and the office/commerciaUrestaurant
uses aze in conformance with the Comprehensive Plan and the previously approved Development
Agreement.
It is determined that public 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. New sanitary sewer and water mains will need
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY N0.3
SUBDNISION - (PP-02-024)
to be extended into the subdivision, from adjacent mains, to provide service to the individual
lots.
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 fmancial capability of supporting services
for the proposed development, and therefore will not conflict with the Capital Improvement Plan.
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, other than the increased traffic with the opening of
the new businesses at this already busy intersection. Of special concern would be the grand
opening of the Krispy Kreme doughnut store, which has historically generated massive crowds
and traffic. The location of the proposed right-in/right-out driveway on Eagle Road,
approximately 180-feet south of Fairview Avenue may exacerbate this situation by backing
traffic into the intersection (the Idaho Transportation Department originally denied this driveway,
however, the applicant is currently in the appeal process).
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: "PRELIMINARY PLAT TREASURE VALLEY
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY N0.3
SUBDNISION - (PP-02-024)
BUSINESS CENTER -PHASE 3, A RESUBDIVISION OF A PORTION OF LOT 1, AND
LOTS 2, 6, 7, 8, 9, 10, & 11, BLOCK 1 -TREASURE VALLEY BUSINESS CENTER-
PHASE 1, NE'/a OF SECTION 8, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO,
DWG DATE: 09/13/02, DWG N0.20804, SHEET: 1 OF 1 PREL, X20804-PRE.DWG BKB,
BRIGGS ENGINEERING, INC. -ENGINEERS PLANNERS SURVEYORS, THOMAS T.
WRIGHT CO. - OWNER/DEVELOPER, STEVE ARNOLD -PLANNER"
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
1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
TREASURE VALLEY BUSINESS CENTER -PHASE 3, A RESUBDIVISION OF A
PORTION OF LOT 1, AND LOTS 2, 6, 7, 8, 9, 10, & 11, BLOCK 1-TREASURE VALLEY
BUSINESS CENTER-PHASE 1, NE'/a OF SECTION 8, T.3N., R.lE., B.M., MERIDIAN,
ADA COUNTY, IDAHQ DWG DATE: 09/13/02, DWG NO.20804, SHEET: 1 OF 1 PREL,
X20804-PRE.DWG BKB, BRIGGS ENGINEERING, INC. -ENGINEERS PLANNERS
SURVEYORS, THOMAS T. WRIGHT CO. - OWNER/DEVELOPER, STEVE ARNOLD -
PLANNER", 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY NO. 3
SUBDIVISION - (PP-02-024) 4
Site Specific Comments (Preliminary Platl
1. In accordance with Ordinance 12-13-10-8, the applicant shall construct five
foot (5') wide detached sidewalks adjacent to Fairview Avenue. The
minimum width of the parkway area between the curb and sidewalk is five
(5) feet. Tree plantings within the parkways will be restricted to either Class
I or Class II trees, as approved by the P&Z Department. No sidewalk will be
required adjacent to Eagle Road. Five foot wide sidewalks (attached or
detached) shall be installed adjacent to all other public right-of--ways lying
adjacent to the proposed subdivision.
2. The western most subdivision access point onto Fairview Avenue shall be
eliminated as per the applicant's 10/29/02 memo to the Ada County
Highway District. Ten (10) copies of the revised preliminary plat shall be
submitted to the City Clerk's office a minimum of ten days prior to the next
public hearing regarding this application.
3. Landscaping shall be installed per the approved landscaping plan (a
35'buffer on Fairview Avenue and Eagle Road), and in accordance with the
approved Certificate ofZoning Compliance for the Krispy I{reme's building.
All landscaping adjacent to Fairview Avenue and Eagle Road shall be
completed prior to receiving occupancy for any of the lots created by this
subdivision, other than the KrispyKreme building. Landscaping adjacent to
lots facing Hickory, Jewell and Olive Avenue shall b e i nstalled d uring
construction of each individual lot, and shall be completed prior to
occupancy.
4. The existing north/south sewer service lines located between Lots 22, 23 and
Lots 18, 19 shall be abandoned, and new service lines shall be provided by
this applicant to the existing adjacent businesses.
Sanitary sewer and water service to this site shall be via main line extensions
from the existing mains adjacent to the property. Applicant will be
responsible to construct the sewer and water mains through this proposed
development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department.
6. Any drainage areas (detension/retensionhasins) must be designed to ensure
that water is retained only during 25-year storm events, and for a period of
time not to exceed 24 hours. Side slopes within drainage azeas shall not
exceed 3:1. Please submit the final groundwater/soils report (monitoring
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY NO. 3
SUBDIVISION - (PP-02-024)
results) to the Public Works Department for review.
7. The development of this property shall be in conformance with the recorded
Development Agreement.
General Comments (Preliminary Platl
1. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
2. A letter of credit or cash surety in the amount of 110% will be required for
all, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
3. One-hundred-watt, h igh-pressure s odium s treetlights w ill b e 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.
4. Underground yeaz-round pressurized irrigation must be provided to all lots
within this development. If the pressurized irrigation system within this
development is to remain a private owners association system, complete
plans and specifications shall be reviewed by the Public Works Department
as part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to plan
approval. The City ofMeridian requires that pressurized imgation systems
be supplied by a yeaz-round source of water. 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 azeas prior to signature on the final plat by the Meridian City
Engineer.
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/dralnage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY N0.3
SUBDIVISION - (PP-02-024) 6
6. Slopes within drainage areas are not to exceed a slope ratio of 3:1. Submit
compaction test results to the Meridian Building Department for all building
pads within lots receiving engineered backfill.
B. Adopt the Recommendations of ACRD as follows:
Site Specific Conditions of Approval
Comply with requirements of TI'D for State Highway 55 (Eagle Road)
frontage. Submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of a
building permit (or other required permits), whichever occurs first.
2. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue
located 2-feet within the right-of--way. Coordinate the location and
elevation of the sidewalk with District staff. If the sidewalk meanders
outside of the right-of--way, provide an easement for the sidewalk. The
District will require a license agreement for the landscape strip with the
detached sidewalk. Please contact the Right-of--Way Division at 387-
3271 for guidelines.
Construct a 5-foot wide detached concrete sidewalk on Hickory Avenue
located 2-feet within the right-of--way. Coordinate the location and
elevation of the sidewalk with District staff. If the sidewalk meanders
outside of the right-of--way, provide an easement for the sidewalk. The
District will require a license agreement for the landscape strip with the
detached sidewalk. Please contact the Right-of--Way Division at 387-
3271 for guidelines.
4. Construct 5-foot wide concrete sidewalk on Jewell Street, Olive Avenue
and Florence Street abutting the parcel.
5. Construct a maximum 35-foot wide driveway (not including the center
median) on Fairview Avenue located a minimum of 500-feet west of the
centerline of Eagle Road and a minimum of 440-feet west of Eagle Road
(measured neaz edge of roadway to near edge of driveway). The applicant
should provide a recorded cross access easement for the pazcels to the
south and west to use the one approved driveway to Fairview Avenue for
access to the public streets.
6. Treasure Valley Business Center Phase #1, plat note # 5 states;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY N0.3
SUBDIVISION - (PP-02-024) 7
Additional private access points (maximum of 4) will be allowed on
Fairview Avenue at no less than 400-foot intervals from other access
op infs. Other than the driveway approved in Condition #5 above, no
additional driveways to Fairview Avenue are approved with this
application.
7. Pave all proposed driveways on Jewel Street, Olive Avenue and Florence
Street to their full-required width (maximum of 35-feet), a minimum of
50-feet (measured near edge to near edge) of any roadway and to a point
30-feet beyond the edge of pavement with 15-foot curb radii on Jewell
Street, Olive Avenue and Florence Street as proposed.
8. No access to Hickory Avenue is approved with this application.
9. Other than the access point(s) specifically approved with this application,
direct lot or parcel access to Fairview Avenue, Hickory Avenue and Eagle
Road (ITD) is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
10. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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 and gutter and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 for details.
4. Utility street cuts in pavement less than five years 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY N0.3
SUBDIVISION - (PP-02-024)
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 properly 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 are 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 ACRD. 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 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 iri 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 awaiver/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
DECISION AND ORDER -TREASURE VALLEY NO. 3
SUBDIVISION - (PP-02-024) 9
C. Adopt the Meridian Fire Department Recommendations as follows:
That afire-flow as required by the Uniform Fire Code is provided to
service the entire project. Fire hydrants shall be placed an average of
350' apart. 1997 UFC Appendix III-A.
2. Acceptance of the water supply for fire protection will be by the Meridian
Fire Department.
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 tum
around.
5. All roads shall have a turning radius of 28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
Operational fire hydrants are required before combustible construction
begins. UFC 901.4.2 & 901.3
8. All building uses and processes to comply with the fire code in effect at
the time of construction.
9. No vertical obstructions or mature landscaping which obstructs the
outlets of the fire hydrant within 10'.
10. Vertical clearance for driveways shall be 13' 6", this may affect tree
placement in landscaping areas.
11. The driveway shall have a clear driving surface which is 20' wide
available at all times.
D. Adopt the Recommendation of the Nampa & Meridian Irrigation District as
follows:
1. Applicant shall apply for a land use change/site application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY NO. 3
SUBDNISION - (PP-02-024) 10
E. Adopt the Recommendations of the 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 dischazge
to the subsurface to prevent impact to groundwater and surface water
quality.
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.
F. Adopt the Recommendation of Sanitary Service as follows:
1. Please allow 20' inside of the gate posts fora 2 dumpster enclosure
(prefer 22'}.
2. Enclosure location and placement need further review for "future"
building designs and development.
G. Adopt the Comments of the Water Department as follows:
There aze several 6" water lines stubbed into this development area; if
they are not used, then they should be abandoned.
H. Adopt the action of the City Council taken at their December 17, 2003 meeting
as follows:
For clarification, the Development Agreement has the Cross-Access
Agreement within it. A note has been added to the Plat that the Applicant
has across-Access Agreement among all the internal lots. All cross-
access easements shall be shown on the Plat; all lots must have access to
a public street.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY NO. 3
SUBDIVISION - (PP-02-024) 11
By action of the City Council at its regular meeting held on the f ~ ~`C
day of ~L ,2003.
ROLL CALL
COUNCILMAN BIIZD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
~j(?/TI~EvBR~EAKS
11
VOTED_ fJ'
VOTED-~%~-
VOTED
VOTED- C~
VOTED
Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
By. ~--
City Clerk
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FIIVDIIVGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER -TREASURE VALLEY N0.3
SUBDIVISION - (PP-02-024)
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