HomeMy WebLinkAboutStokesberry Sub No. 2 PP 03-026II~,ECEIVEI)
DEC 0 2 2003
Clity 01"Meridian
' "i i;v Clerk (lflice
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 11/05/03
C/C 11/12/03
C/C 11/25/03
IN THE MATTER OF THE
REQUEST FOR PRELIlVIINARY
PLAT FOR STOKESBERRY
SUBDIVISION N0.2 FOR 15
BUII.DING LOTS ON 4.15 ACRES
LOCATED WEST OF NORTH
EAGLE ROAD AND NORTH OF
EAST FAIItVIEW AVENUE,
MERIDIAN, IDAHO
BY: PROPERTIES WEST, INC.,
APPLICANT
Caae No. PP-03-026
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 November 5, 2003, and continued until November 12, 2003 and November 25, 2003, and
Anna Powell Planning Director for the Planning and Zoning Department, and Daren Fluke,
appeazed and testified, and the City Council having received a report from Steve Siddoway
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 "BUILDING SITE PLAN, SUPPLEMENTAL DRAWING TO PRELIMINARY
PLAT, STOKESBERRY SUBDIVISION NO. 2, A RE-PLAT OF LOTS 1, 2, 3 AND 4 OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDIVISION N0.2 / (PP-03-026)
PAGE 1 OF 12
BLOCK 1 STOKESBERRY SUBDIVISION, BOOK 82, PAGES 8898 & 8899 A PORTION OF
THE SE'/a OF THE NE'/a, SECTION 5 TOWNSHIP 3 NORTFT, RANGE 1 EAST, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, STOKESBERRY SUBDIVISION
NO. 2, MERIDIAN, ADA COUNTY, IDAHO, BUILDING SITE PLAN SUPPLEMENTAL
DRAWING TO PRELIlI~IINARY PLAT, CAD FILE: 11927SUPPLEMENTAL, PROI.#:
GAL\11927, DRAWN BY: EL, DESIGN BY: JEC, CHECKED BY: JEC, LAST UPDATED:
07/23/03, SHEET 1 OF 1, HANDWRITTEN DATE: 7-23-3, 7-U-B ENGINEERS, INC. -
ENGINEERS - SURVERYORS -PLANNERS", Properties West, Inc. -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
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 L-O, and requires connection
to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 G]
2. The preliminary plat is in conformance with the Amended Comprehensive
Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
SUBDIVISON N0.2 / (PP-03-026)
PAGE 2 OF 12
office lots are in compliance with the future land use classification, Office, as noted on
the Future Land Use Map.
3. Sewer is already provided to the site via an existing 8" main in N.
Stokesberry Place and an additional sewer main will be required internally within the
proposed drive aisle locations. Water is also available in Stokesberry Place. The primary
public costs to serve the future residents will be fire, police and school facilities and
services. It is found that there will not be excessive additional requirements at public cost
and that the project will not be detrimental to the community's welfaze.
4. It is found that the subdivision will not conflict with the capital
improvement plan. Because the developer has previously installed sewer, water, local
street infrastructure, utilities and irrigation, the subdivision will not require the
expenditure of capital improvement funds. All extensions of such services required by
this re-plat will also be funded by the developer.
5. It is found that the development will not require major expenditures for
providing supporting services. Referring back to numbers 3 and 4 above will also
provide additional information.
6. It is found that there should not be any other health, safety or
environmental problems associated with this subdivision that should be brought to
attention. ACRD considers road safety issues in their analysis; no hazazdous natural
features have been identified on the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDIVISON N0.2 / (PP-03-026)
PAGE 3 OF 12
7. 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.
8. The applicant has submitted for consideration of this approval drawing of
the preliminary plat herein designated as: "BUILDING SITE PLAN, SUPPLEMENTAL
DRAWING TO PRELIMINARY PLAT, STOKESBERRY SUBDIVISION NO. 2, A
RE-PLAT OF LOTS 1, 2, 3 AND 4 OF BLOCK 1 STOKESBERRY SUBDIVISION,
BOOK 82, PAGES 8898 & 8899 A PORTION OF THE SE'/4 OF THE NE'/4,
SECTION 5 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO 2003, STOKESBERRY SUBDIVISION NO. 2,
MERIDIAN, ADA COUNTY, IDAHO, BUILDING SITE PLAN SUPPLEMENTAL
DRAWING TO PRELIR~IIJVARY PLAT, CAD FILE: 11927SUPPLEMENTAL,
PROJ.#: GAL111927, DRAWN BY: EL, DESIGN BY: JEC, CHECKED BY: JEC,
LAST UPDATED: 07/23/03, SHEET 1 OF 1, HANDWRITTEN DATE: 7-23-3, J-U-B
ENGINEERS, INC. -ENGINEERS - SURVERYORS -PLANNERS."
9. The City Council recognizes the concerns of Maureen Boyle and Louis
Serino expressed in their letter dated September 26, 2003.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDIVISON NO.2 / (PP-03-026)
PAGE 4 OF 12
TT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by "BUILDING SITE PLAN,
SUPPLEMENTAL DRAWING TO PRELIMINARY PLAT, STOKESBERRY SUBDIVISION
N0.2, A RE-PLAT OF LOTS 1, 2, 3 AND 4 OF BLOCK 1 STOKESBERRY SUBDIVISION,
BOOK 82, PAGES 8898 & 8899 A PORTION OF THE SE'/o OF THE NE'/<, SECTION 5
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO 2003, STOKESBERRY SUBDIVISION NO. 2, MERIDIAN, ADA COUNTY,
IDAHO, BUILDING SITE PLAN SUPPLEMENTAL DRAWING TO PRELIMINARY PLAT,
CAD FILE: 11927SUPPLEMENTAL, PRO7.#: GAL111927, DRAWN BY: EL, DESIGN BY:
JEC, CHECKED BY: JEC, LAST UPDATED: 07/23/03, SHEET 1 OF 1, HANDWRITTEN
DATE: 7-23-3, 7-U-B ENGINEERS, INC. -ENGINEERS - SURVERYORS -PLANNERS",
Properties West, Inc., Developer is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
The applicant shall be allowed to construct the common landscape buffer as an
easement on the lot, rather than on a lot to itself. (Per action of the City Council
taken at their November 25, 2003 meeting.)
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff, as
follows:
The project is subject to all conditions of approval of the Development
Agreement/Annexation (AZ-00-007}, and Conditional Use Permit (CUP-00-020).
2. Any drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDIVISON N0.2 / (PP-03-026)
PAGE 5 OF 12
all storms up to and including a 100-year storm event. Side slopes within drainage
areas shall not exceed 3:1.The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and characteristics
during the design and construction phases. The engineer shall be required to certify
that the street centerline elevations are set a minimum of 3-feet above the highest
established normal groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces is at least 1-foot above groundwater.
3. Sanitary sewer service to this site shall be via main line extensions from mains
installed adjacent to the property.
4. Domestic water service to this site shall be via main line extensions from mains
installed adjacern to the property.
5. The applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Stokesbenybusiness. Underground
eaz-ro n pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be
supplied by a year-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 paymem of assessments for the common areas prior to signature on the final
plat by the Meridian City Engineer.
6. All grading of the site shall be performed in conformance with MCC 11-12-3H.
7. Sidewalks shall be installed within the subdivision pursuant to MCC 12-13-10-8.
8. Submit with the final plat application a copy of the Ada County Street Name
Committee's approval letter for the subdivision name, and the lot and block
numbering. Make any corrections necessary to conform.
9. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
l0.One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Departmern. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quarnity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDIVI50N N0.2 / (PP-03-026)
PAGE 6 OF 12
design and permit from the Public Works Department prior commencing
installations.
11. 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 treesthat
were removed. Required landscaping trees will not be considered as replacement
trees for those trees that have to be mitigated.
12. 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.
13. The final plat must be recorded prior to issuance of building permits on the new lots
in Stokesberry Subdivision.
C. Adopt the Recommendations of ACRD as follows:
1. All of the site-specific conditions of approval of Stokesberry Subdivision (Carol
Professional Center) apply to Stokesberry Subdivision Number 2.
2. Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD).
Application materials shall be submitted to I1T) for review and requirements of
that Department and the applicant shall 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. The
applicant may contact District III Traffic Engineer at 334-8341.
3. No access points to Eagle Road have been proposed and none aze approved with
this application.
4. No access points to East River Valley Street have been proposed and none are
approved with this application.
5. East River Valley Street was identified in the Eagle Road Access Control Study
as a temporary full-access intersection. This intersection will be restricted to
right-in/right-out operation as traffic volumes on Eagle Road increase.
The Idaho Transportation Department (ITD) is currently in the process of
conducting a study of State Highway 55 (Eagle Road) from the I-84 Interchange
to the intersection of the State Highway 44 Bypass in the city of Eagle. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDMSON N0.2 / (PP-03-026)
PAGE 7 OF 12
study will cover the operational characteristics of the roadway, which includes
signal operation and spacing, and changes in access controls. The findings and
conclusion of the study could have potential impacts on current and future access
points to the Highway.
6. Comply with all Standazd Conditions of Approval.
Standard Conditions of Approval
i. 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.
4. Utility street cuts in pavement less than five yeazs old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplemems,
Construction 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 applicrint 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIlvIINARY PLAT
STOKESBERRY SUBDNISON N0.2 / (PP-03-026)
PAGE 8 OF 12
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
ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-
6190 in the event any ACRD 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 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.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. Provide afire-flow per the International Fn-e Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance. of the water supply for fire protection will be by the Meridian Water
Department.
3. All roads shall have a turning radius of 28' inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. All entrances to the subdivision shall be posted "No
Pazking F'>te Lane" .
5. 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
STOKESBERRY SUBDMSON N0.2 / (PP-03-026)
PAGE 9 OF 12
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 cernral water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmernal 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 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 preverns goundwater and surface water
degradation.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicarn is hereby notified that pursuant to Idaho Code 67-5003, 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 may be 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 CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDNISON N0.2 / (PP-03-026)
PAGE 10 OF 12
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 on of the City Council at its regular meeting held on the
day of,2C2/n ~1/~- , 2003.
ROLL CALL
COUNCII,MAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
Attest:
William G. Berg, Jr.,
,.~`~ OF
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOKESBERRY SUBDIVISON N0.2 / (PP-03-026)
PAGE 11 OF 12
Copy served upon Applicant, The Planning and Zoning Department, Public
Departmenrt and City Attorney.
By: ~c_ Dated: ~ 2
City Clerk
Z:\Wauk\M1MeridimlMeri~an 15360M\3tokesbecry Subdivision No. 2 PP-03A26\EYCIaOnIPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
STOI£ESBERRY SUBDIVISON N0.2 / (PP-03-026)
PAGE 12 OF 12
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