HomeMy WebLinkAboutSilverstone Business PP 03-018BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/02/03
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR SILVERSTONE
CAMPUS SUBDIVISION FOR 48
LOT COMMERCIAL
SUBDIVISION WITH 6 OTHER
LOTS ON 80.51 ACRES LOCATED
EAST OF EAGLE ROAD AND
SOUTH OF OVERLAND ROAD,
MERIDIAN, IDAHO
Case No. PP-03-018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: SUNDANCE INVESTMENTS,
APPLICANT
The above entitled matter coming on regulazly for public hearing before the City Council
on September 2, 2003, and Anna Powell Planning Director for the Planning and Zoning
Department, Cornell Lazson, and Edward J. Thomas, appeared and testified, and the City Council
having received a report from Brad Hawkins-Clazk Planner III 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 recommendafion to City Council of the Planning
and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT
SHOWING SILVERSTONE CAMPUS SUBDNISION, A PARCEL OF LAND LOCATED IN
THE El/2 OF THE NWl/4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDNISION / (PP-03-018)
PAGE 1 OF 16
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, SILVERSTONE
CAMPUS SUBDIVISION PRELIMINARY PLAT COVER SHEET SUNDANCE
INVESTMENTS LIMITED PARTNERSHIP, DATE: 08/22/03, DRAWN BY: DKG,
DESGINED BY: M. SHEPPARD, P.E., CHECKED BY: M. SHEPPARD, P.E., PROJECT NO.
C036101, SHEET PP-1, HANDWRITTEN DATE: 8-22-03, STAMPED: RECEIVED AUG 22
2003 CITY OF MERIDIAN CITY CLERK OFFICE, SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC. -ENGINEERS",
Sundance Investments Limited Partnership, 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 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
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned R-1 by Ada County, however, an application for annexation and
zoning to C-G, is before the Council, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2 K]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002; Resolution No. 02-382, except for the requirement of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 2 OF 16
continuous grid-like collectors, under Chapter VI, Goal II, Obj. A, #516.(To make S. Topaz
Avenue continuous a stub needs to be added to the south boundary to connect with a future stub
street approved with Sutherland Farm Subdivision.
It is determined that Urban 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, provided changes as maybe required by the
Public Works and Building Departments are made. The developer is proposing to extend a
public sewer trunk line through the development.
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 financial capability of supporting services
for the proposed development. The developer will fund and construct the majority of the
supporting services.
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. However, it is found that the developer is in the
process of working with the U.S. Corps of Engineers and ACHD to mitigate for wetlands along
the west boundary of the subdivision. Said mitigation is a condition of Silverstone-approved but
is taking place on the Silverstone-proposed property. One of ACHD's conditions of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 3 OF 16
developer is to complete the Silverstone-approved-required mitigation. Apparently, this remains
an outstanding environmental issue of this project.
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
preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING SILVERSTONE
CAMPUS SUBDIVISION, A PARCEL OF LAND LOCATED INTHE El/2 OF THE NWl/4
OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO 2003, SILVERSTONE CAMPUS SUBDIVISION
PRELIMINARY PLAT COVER SHEET SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP, DATE: 08/22/03, DRAWN BY: DKG, DESGINED BY: M. SHEPPARD,
P.E., CHECKED BY: M. SHEPPARD, P.E., PROJECT NO. C036101, SHEET PP-1,
HANDWRITTEN DATE: 8-22-03, STAMPED: RECEIVED AUG 22 2003 CITY OF
MERIDIAN CITY CLERK OFFICE, SUNDANCE INVESTMENTS LIMITED
PARTNERSHII' - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC. -ENGINEERS."
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 4 OF 16
The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT
SHOWING SILVERSTONE CAMPUS SUBDNISION, A PARCEL OF LAND LOCATED IN
THE El/2 OF THE NWl/4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, SILVERSTONE
CAMPUS SUBDIVISION PRELIMINARY PLAT COVER SHEET SUNDANCE
INVESTMENTS LIMITED PARTNERSHIP, DATE: 08/22/03, DRAWN BY: DKG,
DESGINED BY: M. SHEPPARD, P.E., CHECKED BY: M. SHEPPARD, P.E., PROJECT NO.
C036101, SHEET PP-1, HANDWRITTEN DATE: 8-22-03, STAMPED: RECEIVED AUG 22
2003 CITY OF MERIDIAN CITY CLERK OFFICE, SUNDANCE INVESTMENTS LIMITED
PARTNERSHIP - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC. -ENGINEERS",
Sundance Investments Limited Partnership, Developer 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:
Sanitary sewer service to this site will be from an extension of the Five Mile Trunk.
The applicant will be responsible to construct lateral sewer mains, as well as
extending the Five Mile Trunk, to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Sewer mains will not be allowed within landscape areas, beneath
landscape islands, and manholes will not be allowed in pazking and loading azeas.
The applicant shall be subject to latecomers' fees. Payment of the latecomer's fee
for each phase is required prior to signature on the final plat map of each phase by
the City Engineer.
2. Water service to this site will be from an extension of existing water mains in
Overland and E. Copper Point Street. The applicant will be responsible to construct
water mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS. SUBDNISION / (PP-03-018)
PAGE 5 OF 16
applicant shall be subject to applicable water main latecomers' fees. Payment of the
latecomer's fee for each phase is required prior to signature on the final plat map of
each phase by the City Engineer.
3. The sidewalks shall be detached along Overland Road and a minimum 5-foot-wide
landscaped parkway shall be installed between the edge of pavement and sidewalk
in accordance with MCC 12-13. A 5-foot-wide sidewallc shall also be required along
all public streets on the interior of the subdivision.
4. In accordance with Finding A, construct a new commercial stub street on the east
side of Lot 9, Block 4 that will be in alignment with the stub street approved with
Sutherland Farm Subdivision. Said stub street shall be constructed in compliance
with ACRD width and design standards.
A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded adjacent to the south side of the Eight Mile Drain. The easement shall be
sufficient width to cover the 10-wide pathway shown. Buildings are precluded from
constructing within this easement. The 10-foot wide hard surfaced pathway shall be
constructed and fully improved prior to the issuance of the first Certificate of
Occupancy for any building within the subdivision. Additionally, a note shall be
added to the face of the final plat indicating the City of Meridian is responsible for
the maintenance of the pathway surface located within the easement. The note shall
also indicate who will be responsible for landscaping maintenance within the
easement.
6. All perimeter lots along E. Overland Road are subject to a minimum 35-foot wide
landscape easement. This street buffer shall be designed in accordance with MCC
12-13-10. The Silverstone Business Association shall maintain said easement and all
common area lots within the subdivision.
7. The preliminary landscape plan (Sheet L-1, dated 5/16/03 by The Land Group) is
approved with the exception of the proposed signage on Overland Road. All signage
for the subdivision must be approved through a separate Planned Sign Program
application. No signage is permitted until said application is submitted and approved
by the Planning & Zoning Department.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDNISION / (PP-03-018)
PAGE 6 OF 16
9. Landscaping within Lot 7, Block 2, the ACRD common/drainage lot, shall be
designed in accordance with MCC 12-13-14, unless otherwise approved by the
Planning & Zoning Department.
10. A detailed landscape plan, incompliance with MCC 12-13, shall be submitted with
the final plat application.
11. A detailed fencing plan shall be submitted upon application of the final plat. Any
fencing adjacent to the Eight Mile Drain shall be open vision and non- combustible,
unless the City otherwise agrees in writing.
12. The wetlands area adjacent to the west boundary shall be maintained in accordance
with all U.S. Corps of Engineers and other agency requirements. Evidence of full
compliance with wetland mitigation shall be submitted to the City prior to signature
of the final plat.
13. Applicant has not indicated who will own and maintain the pressurized irrigation
system within this development. The applicant shall be required to provide a
backup source to the pressurized irrigation system. The Public Works Department
as part of the development plan-review process shall review plans and specifications
for the irrigation system. A draft copy of the pressurized irrigation system O&M
manual must be submitted prior to plan approval.
PRELIMINARY PLAT GENERAL REQUIREMENTS
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 deternuned during the building plan
review process.
4. Two-hundred-fifty-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 hook-up and design details based on the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 7 OF 16
landscaping. Due to the size of landscaped area, primarywater 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 a
secondary source, developer shall be responsible to pay water assessments for the
entire common open area.
6. 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/drainage district,
or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
7. Show all existing and proposed easements for irrigation/drainage facilities located
within the boundaries of this proposed development (i.e., Eight Mile Drain
easement).
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
9. Provide five-foot-wide sidewalks throughout development in accordance with City
Ordinance.
10. All construction shall conform to the requirements of the Americans with
Disabilities Act.
B. Adopt the Recommendations of ACHD as follows:
Site Snecific Conditions of Approval
The Board of Commissioners authorizes the expenditure of available collected
impact fees, or other District funds, if available, for the purchase ofright-of--way
dedicated by the applicant, with the applicant constructing a sidewalk as
described below. However, if funds cannot be secured, the applicant shall do one
of the following:
a. Dedicate by donation (or through a development offset agreement
whereby the applicant is reimbursed from impact fees to be collected
solely from the applicant's specific development project) an additional
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 8 OF 16
23-feet ofright-of--way along Overland Road, and construct a minimum
5-foot wide concrete sidewalk along Overland Road, located a minimum
of 41-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-
foot wide concrete sidewalk along Overland Road, located a minimum of
41-feet from the centerline of the right-of--way, in an easement provided
to the District.
c. Provide a road trust deposit in the amount of $26,660.00 to be used for
future sidewalk construction along the applicant's property.
2. Construct a commercial roadway that intersects Overland Road approximately
400-feet east of Silverstone Way to align with Jade Avenue, as proposed.
Construct a commercial roadway that intersects Overland Road approximately
1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed.
*****The applicant has proposed to construct the internal
roadways as commercial roadways. The proposed street section
will accommodate for vehicular traffic that is anticipated to be
generated by this site. It appears that the City's comprehensive
plan wishes to have bike lanes at/near the half-mile. The
commercial street section that is proposed will not accommodate
for bike lanes.
If the City requires the applicant to construct the roadway as a
collector, the City should require the roadways to be constructed
as 46-foot street section within 70-feet ofright-of--way. This
would allow for 3-traffic lanes with curb, gutter, bike lanes and a
detached 5-foot sidewalk.
4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5-
foot concrete sidewalk within 54-feet ofright-of--way, as proposed.
5. Extend an existing stub street (Copper Point Way) from the west property line
approximately 160-feet north of the south property line, as proposed.
6. Extend Copper Point Way as a stub street to the east property line approximately
305-feet north of the south property line, as proposed. Install a sign at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 9 OF 16
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
Extend Knapp Avenue from the south property line.
8. the applicant would like a third access point to Overland Road, construct a 35-
foot wide shared driveway that intersects Overland Road approximately 600-feet
west of the east property line and aligns with the existing driveway at 3820
Overland Road.
9. If the applicant develops before the Overland Road project, construct a center
turn lane for ALL of the approved access points that intersect Overland Road.
Provide a minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn lane with
District staff. Dedicate sufficient right-of--way to accommodate for the tum lanes
that have been identified by the traffic impact study.
10. Construct right-turn lanes for ALL of the approved access points that intersect
Overland Road, as they become warranted. Coordinate the design of the taper
with District staff. Dedicate sufficient right-of--way to accommodate for the tum
lanes that have been identified by the traffic impact study.
* *The applicant is required to provide a financial surety for the construction of
the right tum lanes on Overland Road. Once the tum lanes have been
constructed or the District has entered into a contract for the construction of this
segment of Overland Road, the financial surety will be released.
11. Identify and complete the proposed wetlands mitigation that was proposed as a
part of the Silverstone Corporate Center Subdivision in accordance with the
wetlands mitigation permit that was issued by the United States Army Corps of
Engineers.
12. Provide the District with a pazcel that is equal to and greater in value and size
than the previous parcel.
13. Provide the District with drainage calculations and drawings showing that the
newly proposed pond will have a capacity that is equal to or greater in storage
area than the previous parcel and will function at a level that is equal to or greater
than what the District had originally designed.
14. Install an adequately sized drainage pipe that will extend from the proposed
drainage pond to Overland Road through the Topaz Avenue right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 10 OF 16
15. Provide the District with sufficient access to the site by providing the District by
providing public road frontage and a permanent easement through the adjoining
parking lot for additional access to the pond.
16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain
a license agreement for all landscaping that is proposed within the District's
right-of--way, drainage pond or easement. The applicant is required to have all
landscape and sprinkler plans reviewed and approved by the ACHD Drainage
Division.
17. Other than the access points that have specifically been approved with this
application, direct lot or parcel access to Overland Road is prohibited. Notes of
this are required to be placed on the final plat.
18. Comply with all Standard Conditions of Approval.
ACHD 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 maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standazds and approved supplements,
Construcfion Services procedures and all applicable ACHD 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 11 OF 16
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 are required prior to building
construction in accordance with Ordinance #197, 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. The applicant at no cost to ACRD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spaze 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 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.
C. Adopt the Meridian Fire Department Recommendations as follows:
That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided
to service the entire project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 12 OF 16
3. Acceptance of the water supply for fire protection wIll be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
thru the Public Works Department.
5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
6. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1. Applicant shall apply for a land use change/site application.
E. Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health & Welfare,
Division of Enviromnental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and azchitects 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 action of the City Council taken at their September 2, 2003 meeting as
follows:
1. For clarification:
a. The applicant stated at the September 2, 2003 meeting that the drainage lot
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 13 OF 16
may not be as shown on the present plat that has already been submitted.
The applicant shall be allowed flexibility on the actual size of the retention
area only until the final engineering of the project is complete.
b. The applicant shall be allowed to work with ACHD to address the access
points, the issues along Overland Road, the curb cuts and street
improvements, and safety issues along Overland Road.
c. Pertaining to the any ACHD comments which are incorporated above, if
ACHD modifies their report, then the applicant shall be required to comply
with the modified requirements of ACHD.
d. Per a letter submitted by Trevor C. Roberts dated August 29, 2003, he
clarifies that the southeast corner of the parcel that a portion of the land will
be used for a future roadway to be connected to a bridge crossing the
Ridenbaugh Canal, and such shall be shown on the Plat.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be
filed with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has
an interest in real property which maybe adversely affected by this decision may, within
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDIVISION / (PP-03-018)
PAGE 14 OF 16
twenty-eight (28) days after the date of this decision and order, seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 2 3'~
day of ~~v n~GL~ , 2003.
ROLL CALL
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
Attest:
~~
William G. Berg, Jr.,
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDNISION / (PP-03-018)
PAGE 15 OF 16
Copy served upon Applicant, The Planning and Zoning Department, Public Works,,,,,,,,l,l
Department and City Attorney.
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City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SILVERSTONE CAMPUS SUBDNISION / (PP-03-018)
PAGE 16 OF 16