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HomeMy WebLinkAboutElixir Subdivision PP-01-014BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C O9/O4/01 IN THE MATTER OF THE REQUEST FOR pRELIMINARY PLAT FOR 3 BUILDING LOTS, A 5.69 AREA PARCEL, A 6.8 ACRE PARCEL AND A 1 ACRE PARCEL, FOR ELIXIR SUBDIVISION, LOCATED AT 521 N. EAGLE ROAD, MERIDIAN, IDAHO BY: ELIXIR INDUSTRIES, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-01-O14 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entided matter coming on regularly for public hearing before the City Council on September 4, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Paul Clayton, and appearing and testifying with comments or concerns ~vere: Brad Miller and Becky Bowcutt, and no one appeared in opposition, and the City Council having received a report from David McKinnon, Planner for the Planning and Zoning Department, and Bruce FrecMeton, Engineering Technician III, and the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (pp-01-014 1 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 FOR ELIXIR PROPERTIES SUBDIVISION, A PORTION OF THE SE1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN MERIEILAN, ADA COUNTY, IDAHO, BERGEY LAND SURVEYING PAYETTE AND HORSESHOE BEND, IDAHO, 2412--03.DWG, SHEET 1 OF 1, DATE STAMPED: RECEIVED JUL 24 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, ELIXIR INDUSTRIES, DEVELOPER", 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 L-O Limited Office District (L-O), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 G] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-OI.O14) - 2 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 accormnodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed developl~aent 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 Com~cil 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: "PRELIMINARY PLAT FOR ELIXIR PROPERTIES SUBDIVISION, A PORTION OF THE SE1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN MERIDIAN, ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP.01-014) 3 COUNTY, IDAHO, BERGEY LAND SURVEYING PAYETTE AND HORSESHOE BEND, IDAHO, 2412~03.DWG, SHEET i OF l, DATE STAMPED: RECEIVED JUL 24 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, ELIXiR INDUSTRIES, DEVELOPER". 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 FOR ELIXIR PROPERTIES SUBDIVISION, A PORTION OF THE SE1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, BERGEY LAND SURVEYING PAYETTE AND HORSESHOE BEND, IDAHO, 2412--03.DWG, SHEET 1 OF 1, DATE STAMPED: RECEIVED JUL 24 2001 CITY OF MERIDIAN CITY CLERK OFFICE, ELIXIR INDUSTRIES, DEVELOPER" is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Engineering Technician, III Recommendations as follows: 1. Sanitary sewer service to this site shall be via service extensions from an existing main adjacent to the north of the proposed development. Revise the preliminary plat map to show how services shall be provided to each lot within the development. Subdivision designer to coordinate sizing and routing with the Public Worlcs Department. Sewer manholes FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-01-014) 4 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 service extensions from an existing main adjacent to the north of the proposed development. Revise the preliminary plat map to show how services shall be provided to each lot within the 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. 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. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit revised plans showing source on distribution 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. 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 OSraM manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-01.O14) - 5 shall be responsible to pay water assessments for the entire common open area. In compliance with Title 12-4-2(A) the proposed private street shall be dedicated to public use as a local commercial street with a width of no less than 50 feet. The right of way width shall comply with the requirements of ACHD, and shall be improved according to ACHD standards. The City Council requires that the road shall have dedication through and to the.road, and that it shall be a public commercial road. The City Council shall require the developer to provide a 4' masonry wall and five foot buffer. The Meridian Water Department recommend that the subdivision not be permitted to proceed until the subdivision has been approved by the Water Department. Adopt the Meridian Fire Department Recommendations as follows: Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project. 9. All corners shall have 28' inside radius and 48' outside radius. 10. The Primary Health Medical Building shall comply with the 1997 Uniform Fire Code for the storage of Medical Gases. Adopt the ACHD Reconunendations as follows: 11. Comply with requirements of ITD for Eagle Road. 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. Contact District III Traffic Engineer Michael Garz at 334-8340. 12. ACHD does not make any assurances that the private road that is apart of this application shall be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 13. Pave the private roadway a minimum of 24-feet wide and at least 30- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-01-014) 6 14. 15. 16. 17. 18. 19. 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. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. The following requirements shall be met if the applicant wishes to dedicate the roadway to ACHD: a. Dedicate a minimum of 50-feet of right-of-way for the road. b. Construct the roadway to the minimum ACHD requirements. c. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $240. Verification of the correct, approved name of the road is required. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Any existing irrigation facilities shall be relocated outside of the right-of- way. Construct a 5-foot wide concrete sidewalk on Eagle Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. In accordance with District policy, stub streets to the undeveloped parcels abutting this site shall be required upon review of a future application for this site. 20. The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. 21. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-01-014) 7 the final plat. 22. The Applicant shall be required to comply with the Ada County Highway District's letter dated July 18,2001, including the Special Recommendations to the City of Meridian, Special Recommendations to Idaho Transportation Department, Standard Requirements prior to ACHD's approval of the final plat. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 23. The Department has no problems with the project at this time, but as long as no work is done on the SH-55 right of way no permits shall be needed from ITD. Adopt the Recommendations of the Central District Health Department as follows: 24. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 25. Run-off is not to create a mosquito breeding problem. 26. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 27. 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. The Applicant shall comply with the Meridian City Council's action taken at their September 4, 2001 meeting, as follows: 28. Items 7 and 8 of the Planning and Zoning Recommendations on page 3 are hereby eliminated per the corresponding CASE NO. VAR-01-012, which pertained to the 10-foot wide and 20-foot wide landscape buffers. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-01-014) - 8 By action of the City Council at its regular meeting held on the /~.day of d /o ,2ooL ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED_~ VOTED VOTED VOTED MAYOR ROBERT D. CORRIE VOTED (TIE BREAKE~~--g)/ Copy served upon Applicari ,~he Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Z:\Work~VIWIeridiankMefidian 15360MXElixier Sub RZ01-006 PP01-014 VAR01-012~FfClsOrdPP01-014.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ELIXIR SUBDIVISION / (PP-01-014) 9