HomeMy WebLinkAboutCherry Crossing PP-01-010BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/2 I/01
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR THE PROPOSED
CHERRY CROSSING,
LOCATED AT THE
NORTHWEST CORNER OF
NORTH LINDER ROAD AND
WEST CHERRY LANE,
MERIDIAN, IDAHO
BY: ALBERTSON'S, INC.
APPLICANT
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Case No. PP-01-010
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 August 21,2001, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant were:
Sarah Schaefer and Craig Slocum, and no one appeared in opposition, and the City
Council having received a report from David Mclrdnnon, Planner for Planning and
Zoning, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010)
the "PRELIMINARY PLAT OF CHERRY CORSSINGS, A PARCEL OF LAND
LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 1WEST OF THE BOISE MERIDIAN, ADA
COUNTY, IDAHO, DRAWING FILE NAME: 00237TP1 .DWG, PROJECT NO. 00-
237, DESIGNED BY: GNA, DRAWN BY: LHK, PLOT DATE: 07/18/01, SHEET 1,
REVISED PARCELS DATE: 7/12/01 BY: CMM, ANDERSON-DAVID &
ASSOCIATES, INC., ENGINEERS, IDG PROPERTIES, L.L.C, OWNER",
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
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 Low Density Residential District (R-4)
and Neighborhood Business District (C-N), and requires connection to the Municipal
Water and Sewer System. [Meridian City Code § 11-7-2 C and H]
2. The preliminary plat is in conformance with the Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 2
City of Meridian adopted December 21, 1993, Ordinance No. 629.
3. It is determined that Urban Services can be made available to
acconunodate the proposed development if the 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 ~vhich 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.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or enviromnental 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 prdiminary plat herein designated as: "PRELIMINARY PLAT OF CHERRY
CORSSINGS, A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-OI-O10) 3
MERIDIAN~ ADA COUNTY, IDAHO, DRAWING FILE NAME: 00237TP1 .DWG,
PROJECT NO. 00-237, DESIGNED BY: GNA, DRAWN BY: LHK, PLOT DATE: 07/18/01,
SHEET 1, REVISED PARCELS DATE: 7/12/01 BY: CMM, ANDERSON-DAVID &
ASSOCIATES, INC., ENGINEERS, IDG PROPERTIES, L.L.C, OWNER".
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 OF CHERRY CORSSINGS, A PARCEL OF LAND LYING IN A PORTION OF THE
SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF
THE BOISE MERIDIAN, ADA COUNTY, IDAHO, DRAWING FILE NAME:
O0237TPI.DWG, PROJECT NO. 00-237, DESIGNED BY: GNA, DRAWN BY: LHK,
PLOT DATE: 07/18/01, SHEET 1, REVISED PARCELS DATE: 7/12/01 BY: CMM,
ANDERSON-DAVID &ASSOCIATES, INC., ENGINEERS, IDG PROPERTIES, L.L.C,
OWNER" is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
I. Sanitary sewer service to this site shall be via extensions from existing
mains adjacent to the proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-Oi-OiO) 4
Sewer manholes are to be provided to keep the sewer lines on the south
and west sides of the centerline.
Water service to this site shall be via extensions from existing mains
adjacent to the proposed development. Applicant shall be responsible to
construct the water mains to and through the proposed development.
Subdivision designer to coordinate main sizing and routing with the
Public Worlcs Department. Applicant to provide the Public Works
Department with information on anticipated fire flow and domestic
water requirements for the proposed site. Water service to the
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.
Two-hundred-fifty and lO0-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.
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 size of landscaped 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.
The minimum residential house size (1,400 SF, excluding garage) shall
be added to the Final Plat prior to approval.
Perimeter fencing shall be installed prior to application for building
permits.
7. Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an
association or the Nampa & Meridian Irrigation District. If the system
is being proposed as a private system, plans and specifications for the
irrigation system 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 shall be submitted prior to
plan approval. The City of Meridian requires that pressurized irrigation
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 5
systems be supplied by a year-round source of water. If a creek or well
source is not available, a single-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 Meridian City
Engineer. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area. Additionally, the irrigation system for all landscaped areas
shall be approved.
Submit detailed fencing plans for review and approval with submittal of
the Final Plat. All required fencing is to be in place prior to issuance of
building permits. A letter of credit or cash shall be required for these
fences prior to signature on the final plat.
The following landscape buffers shall be recorded on the Final Plat as
permanent landscape easements: the 25 foot landscape buffer on Parcel
#1 adjacent to Cherry Lane, the 25 foot wide buffer on Parcels #1 and
#2 adjacent to Linder Road, the 25 foot wide buffer on Parcels #2 and
3 adjacent to the new residential road and the 25 foot wide buffer
between land uses west of parcels #1 and #2. The landscaping within
the easements shall be maintained by the shopping center jointly.
10.
The residential common lots shall be owned and maintained by the
Homeowner's Association.
11.
Provide the City of Meridian with a status report of the
sampling/groundwater contamination presents on the project site.
12.
The hours of business operation shall be Monday through Saturday,
between 8:00 a.m. to 10p.m, and Sunday between 9:00 a.m. to 9:00
p.m., with gasoline service open 24 hours a day- everyday.
Adopt the Recommendations and Special Recommendation of the Ada County
Highway District as follows:
13. Dedicate 48-feet of right-of-way from the centefline of Linder 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. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be paid the fair market value of the right-of-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 6
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 Section 15 of ACHD
Ordinance # 193.
15.
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.
16.
Replace unused curb cuts on Cherry Lane and Linder Road with
standard curb, gutter and concrete sidewalk to match existing
improvements.
17.
Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and
Linder Road with new curb, gutter and/or concrete sidewalk to match
existing improvements. Segments to be replaced shall be determined by
ACHD Construction Services staff. Contact Construction Services at
387-6280 (with file number) for details.
18.
Construct a right-in/right-out driveway on Cherry Lane located
approximately 220-feet west of Linder Road, as proposed. Restrict the
driveway to right-in/right-out operations with an on-site median, and
appropriate signage. Submit a design of the island, and a signage plan,
to District staff for review and approval.
19.
Construct a full access driveway on Cherry Lane located approximately
470-feet west of Linder Road, as proposed.
20.
Construct a right-in/right-out driveway on Linder Road located
approximately 285-feet north of Cherry Lane, as proposed. Restrict the
driveway to right-in/right-out operations with an on-site median, and
appropriate siguage. Submit a design of the island, and a signage plan,
to District staff for review and approval.
21.
The Emerald Falls Drive/Linder Road intersection located 485-feet
north of Cherry Lane is approved with this application.
22. Construct a center turn lane on Linder Road for the Linder
Road/Emerald Falls Drive intersection. Construct the turn lane to
provide a minimum of 100-feet of storage with shadow tapers for the
approach direction. Coordinate the design of the turn lane with District
staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 7
23.
The driveway on Emerald Falls Drive located approximately 150-feet
west of Linder Road is approved with this application.
24.
Pave the driveways their full width of 30 to 35-feet in width and at least
30-feet into the site beyond the edge of pavement of Cherry Lane and
Linder Road with 15-foot curb radii. The width of the right-in/right-out
driveways can be wider to accommodate the on-site median.
25.
Provide a recorded cross access easement for the parcels within the
subdivision to utilize for access to the public streets.
26.
The applicant is proposing to construct a deceleration lane on Cherry
Lane for the eastern driveway approach. The lane shall be constructed
to provide a minimum of 100-feet of storage with shadow tapers for the
approach direction. Coordinate the design of the deceleration lane with
District staff. (This is not a requirement - applicant proposing; and
may eliminate.)
27. Extend Emerald Falls Drive into the site at the west property line as
proposed.
28.
Extend Emerald Falls Court into the site at the north property line and
end it in a cul-de-sac as proposed.
29.
Construct an ACHD approval turnaround at the end of Emerald Falls
Drive. Submit a design of the turnaround for review and approval by
District staff.
30.
Construct a portion of Emerald Falls Drive as a local/con~mercial street
extending from Linder Road to the west approximately 150-feet. The
remainder of the roadway to the west shall taper into a standard local
36-foot street section with curb, gutter and 5-foot wide concrete
sidewalk.
31.
Unless otherwise approved, the applicant shall be required to 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.
32. Construct the turnarounds to provide a minimum turning radius of 45-
feet. Provide a minimum of a 29-foot street section on either side of
any proposed center islands within the turnarounds. The medians shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 8
be constructed a minimum of 4-feet wide to total a minimum of a 100-
square foot area. Dedicate 54-feet of right-of-way plus the additional
width of the median.
33.
Any proPosed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
34.
Provide 100-feet of stacldng distance from any drive-thru windows to
the public roadway system.
35. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
36. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
37.
Other than the access points specifically approved with this application,
direct lot or parcel access to Linder Road and Cherry Lane is prohibited.
Access restrictions shall be noted on the final plat.
38.
In order to reduce trips to and from the development it is recommended
that tenants occupying the proposed building be required to provide an
Alternative Transportation Program for employees and provide an
annual report to ACHD on employee participation. Commuteride staff
shall coordinate the Alternative Transportation Program with the
applicant.
39.
In order to reduce trips to and from the development, the tenants
occupying the proposed building(s) shall be required to participate in
any Transportation Management Association (TMA) or Transportation
Management Organization (TMO) that is formed with a boundary that
includes this site or is adjacent to this development.
40.
Additionally, Applicant shall comply with all of ACHD's Requirements
within their June 13, 2001 Development Application Report.
Adopt the Recommendations of the Sanitary Service Company as follows:
4 I. Enlarge the enclosure widths to 12-feet.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 9
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
42.
All laterals and waste ways shall be protected. All municipal surface
drainage shall be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District shall review the drainage
plans. The developer shall comply with Idaho Code 31-3805. Irrigation
water shall be made available to all developments within the Nampa &
Meridian Irrigation District.
Adopt the Recommendations of the Central District Health Department as
follows:
43.
Submit written approval from the appropriate entities, and submittal of
plans for approval by the Idaho Department of Health & Welfare,
Division of Environmental Quality, the Applicant shall be approved for
central sewage and central water.
44. Run-off shall not create a mosquito breeding problem.
45.
It is recommended that storm water be pre-treated through a grassy
swale prior to discharge to the subsurface to prevent impact to ground
water and surface water quality. The engineers and architects involved
with the design of this project shall obtain current best management
practices for storm water disposal and design a storm water management
system that is preventing groundwater and surface water degradation.
Manuals that could be used for guidance are:
45.1
State of Idaho Catalog of Storm~vater Best Management
Practices For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
45.2
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May
2000.
Adopt the Recommendations of the Meridian Fire Department as
follows:
46. All codes shall be met, including fire hydrants, water supply, and
the fire sprinlder systems. Common lots shall be kept dear of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) I0
trash and weeds.
Additionally, the Applicant shall comply with the requirements of the
City Council from their August 21,2001 meeting as follows:
47.
The construction, landscaping and maintenance of Lots 1 and 12
of Block 1, the round traffic calming device at North Kastle Falls
Avenue, and Lot 1 of Block 5 shall be the responsibility of the
owners of Lots 2,3,4,6,7,8,9,10 and 11 of Block 1, and Lots
2,3,4,5,6, and 7 of Block 5. This maintenance requirement will
be deemed met if the Kastle Falls Subdivision accepts Blocks 1
and 5 into the Homeowner's Association for said subdivision,
and, said Association assumes maintenance responsibility.
48,
The construction, landscaping and maintenance required for Lot
5 of Block 1, and Lot 1 of Block 5, shall be the responsibility of
the owners of Blocks 2,3 and 4 of the subdivision. Said areas are
the buffered common areas between the residential lots and
West Cherry Lane and North Linder Road.
49.
The owners of Blocks 2,3, and 4 are responsible for the
construction, landscaping, and maintenance of the interior
By action of the City Council
,2ooL
landscape requirements within said blocks.
at its regular meeting held on the
ROLL CALL
COUNCILMAN ANDERSON
4'/&~ .day of
VOTED
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD
VOTED
COUNCILWOMAN McCANDLESS VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 1 ]
MAYOR ROBERT D. CORRIE
(TIE B REAI~4t-- g7[
VOTED
Copy served upon Applicant, The Planning and Zoning Department,
Public Works Department and City Attorney.
City Clerk
Dated:
Z:\WorkXMWleridiankMeridian I5360MXAlbertson,Inc. PPOi-OIO CUPOl-O16~FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CHERRY CROSSING / (PP-01-010) 12