HomeMy WebLinkAboutCherry Crossing Commercial PFPRECEIVED
FEB1~1004
Interoffice
City Of Meridian
~4 E ~-1 ORAN DU M City Clerk Office
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Cherry Grossing Commercial Subdivision By: Hawkins Companies
File No. PFP-03-004 -Findings of Facl and Conclusions of Law and Order of Conditional
Approval of Preliminary/Final Plat
Date: February 18, 2004
Will:
Regarding the above referenced matter, please find enclosed the original of the
FINDLVGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and
yourself. Please serve a conformed copy of the FINDINGS upon khe applicant, with a Certificate
of Service in the file, and conformed copies to the Planning and Zoning Department, Public
Wo~i<s, and the City Attoniey.
If you have any questions please give me a call.
7.AU'orA~Nl~Meridiun~;Maridiau I?1fiUMVChcn'e Crnsaing Cnnun ~rciul Sub Pll'-O~-OU4U3ere PPP MEMO U2 I S 0= duc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/10/04
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARY/FINAL PLAT FOR )
CHERRY CROSSING COMMERCIAL )
SGBDIVISION, LOCATED AT THE )
NORTHyYF.S1' CORNER OF CHERRY LANE )
AND CINDER ROAD 1N CHERRY CROSSING,)
MERIDIAN, IDAHO )
BY: HAWHINS COMPANIES, )
APPLICANT )
CASE NO. PFP-03-004
FINDINGS Ola FACT AND
CONCLUSfONS OF LAW
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIMINARY/FINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on February 10, 2004, and Anna Powell Planning Director, and Jessica Aguilar, appeared and
testified at the hearing, and the City Council having received a report from Steve Siddoway for
the Planning and Zoning Depart~neoC and Bruce Frecl<leton, Engineering Technician Ill, 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 Plat
Drawing described as follows, "CHERRY CROSSING COMMERCIAL SUBDIVISION,
PRELIMINARY PLAT, LOCATED IN THE SE'/4 OF THE SE'/4 OF SECTION 2, `I'3~L,
R.I W., B.M., MERIDIAN, ADA COUNTY, IDAHO, DRAWN" GGC, DATE: 11/4/03,
CHECKED: GC, DATE: 11/5/03, JOB NO. 00-000, SHEET NO. 1, HANDWRITTEN DATE:
11/7/03, HA WKINS COMPANIES~BOISE SURPLUS 2002, LLC - DEVELOPER/OVVNER,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.AND ORDER OF CONDITIONAL APPROVAL OF
PR,ELIMINARY~T[NAL PLAT-
CHERRY CROSSING COMMERCIAL SGBllIVISION - (PFP-03-004)
PAGE 1 OF 10
GREGORY G. CARTER, P.L.S. -SURVEYOR", Hawkins Companies submitted for
preliminary/final plat approval, and which preliminary/final plat application is herein received
and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the
City Council makes the following findings:
FINDINGS OF FACT
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
Amended 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 C-N (Neighborhood Business District), and requires connection to the.
Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 H]
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Future Land Use Map designates the property as Commercial. Existing zoning on the
property is Neighborhood Commercial (C-N). The subject plat is intended for commercial
development in compliance with the approved CUP and the Comprehensive Plan.
4. Tt is dctenmined that public services are available to accommodate the proposed
development. All adjacent public roadways have been completed and accepted by ACHD.
Water and sewer services to both lots were already installed as part of the original subdivision
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OP CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 2 OF 10
improvements along the proposed lot line within an existing utility easement and have been
accepted by the Public Worlcs Department.
It is found that the subdivision will not require the expenditure of any capital
improvement funds. A]] required utilities are in place per the previous plat requirements.
It is found that the development will not require major expendihn es for providing
supporting services. The developer has already financed the extension of sewer, water, utilities
and pressurized in-igation to serve the project. The primary public costs to serve the future
residents will be fire and police services.
The development, if built in accordance with the conditions, and as proposed, will
be compatible within the vicinity, and will not create health, safety or environmental problems,
nor will the development have an adverse impact on other persons, property, or uses within the
vicinity.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Mciidian City Code,
Section 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
The Preliminary/Final Plat of the applicant as evidenced by "CHERRY
CROSSING COMMERCIAL SUBDIVISION, PRELIMINARY PLAT, LOCATED IN THE SE
'/z OF THE SE'/4 OF SECTION 2, T.3N., R.l W., B.M., MERIDIAN, ADA COUNTY, IDAHO,
F1ND]iNGS OF FACT AND CONCLUSIONS OP LAW
,4ND ORDER OF COnDITIONAL APPROVAL OF
PREL[M[NARY/FINAL PLAT--
CHFRRY CROSSING COMMERCL4L SGBDIVI$]ON - (PFP-Ol-OOd)
PAGE 3 OF CO
DRAWN" GGC, DATE: l ]/4/03, CHECKED: GC, DATE: 11/5/03, JOB NO. 00-0OQ, SHEET
NO. 1, HANDWRITTEN DATE: 11/7/03, HAWKINS COMPANIES~BOISE SURPLUS 2002,
LLC - DEVELOPER/OWNER, GREGORY G. CARTER, P.L.S. -SURVEY"OR", has been
submitted for preliminary/final plat.
2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as
set forth in dre Memorandum to the Mayor and City Council from Steve Siddoway For Planning
and Zoning Department, and Bruce Freckleton, Engineering Technician fll, dated: Transmittal
Date: December 30, 2003 and P & Z Hearing Date:.ianuary 8, 2004, listing 12 Site Specific
Comments -Preliminary/Final Plat, a true and correct copy of which is attached hereto and
mari:ed Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with
the additional requirements from the City Council from their meeting of February ] 0, 2004, and
the requirements are as follows, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS -PRELIMINARY/FINAL PLAT
1. All landscaping will be required per the approved plans on the original plat (FP-02-
Oll) and the revised Conditional Use Permit (CUP-03-013). Any incomplete
landscaping shall be bonded for prior to signature on the Final plat.
2. Sign the Certificate of Owners and notarized the accompanyimt Acla~owled~ment
(Sheet 2 of the final plat).
3. Sanitary sewer and water service to this development shall be via scrvice line
extensions from the existing City of Meridian mains adjacent to the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AN'D ORDER OF CONDITIONAL APPROVAL OF
PRP.LIMTNARY/FNAL PLAT -
CIiERRY CROSSING COMMERCIAL SUBDIViSiON - (PFP-03-004)
PAGE 4 OF l0
4. Pressurized in'igalion within this development will be from Che existing system that
was installed as part of Cherry C rossing.
5. Lahel the '/a Corners of Section 2 on the face of the final plat.
6. Please revise the bearing and distance information to show the larger bold text only
on the exterior boundary ofthe area being subdivided. Otherdimensionaltcxt should
be shown in the smaller, lighter w-eight fonts.
7. Add the two segment distances along the south sides of Lots 1 and 2.
8. Revise the year of platting to "2004."
9. Add "Block 1" to the situate statement.
10. Correct the ownership information in the 5na1 plat Certificate of Owner.
l l. Correct t he b caring o f t he fowth t o t he I ast I ine o f the legal description of the
Certificate of Owners (S X00°00'00"E)
12. This application is subject to the conditions of approval for the ori~~inal plat (FP-03-
O1 I)and the revised Conditional Use Permit (CUP-03-O13), excepC as revised by this
report.
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
L No additional access points have been proposed and none are approved with this
application.
The fallowing four driveway locations were approved with Cherry Crossing Subdivision.
Y Aright-in/right-out driveway on Cheny Lane is located. approximately 220-feet west
of Linder Road. The driveway is restricted to right-in/right-out operations with an on-site
median, and appropriate signage.
A full access driveway on Cherry Lane is located approximately 470-feet west of
Linder Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY,~FINAL PLAT -
CHERRY CROSSING COM]vIERC1AL SUBDIVISION - (PFP-03-004)
PAGE 5 OF 10
Aright-in/right-out driveway on Linder Road located approximately? 85-feet north of
Cherry Laue. The driveway is restricted to right-in/right-out operations with an on-site
median, and appropriate signage.
Y The driveway on Emerald Falls Drive is located approxhmately ] 50-feet west of
Linder Road.
2. Other than the access point(s) specifically approved with Cherry Crossing
Subdivision, direct lot or parcel access to Linder Road and Cherry Lana is prohibited. Lot
access restrictions, as required with this application, shall be stated on the final plat.
3. Comply with all Standard Conditions of Approval.
Standard Conditions ofAg rp oval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abuttingthe 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 developmenC. Contact Constnrctio^
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 Districts Utility Coordinator at 387-628
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District PolicyManual, ISPWC Standards and approved supplements, Conshuction 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 perniit (or other required permits), which incorporates any required design changes.
FINDINGS OP PACT AND CONCLUSIONS OF LARD
AND ORDER OF CONDITIONAL APPROVAL OF
PRFL]MINARY/FINAL PLAT-
CHLR1tY CROSSING COMYIERC[AL SUBDIVISION - (PFP-03-004)
PAGE 6 OP 1 G
7. Construction, use and property development shall be in con[ormanco with all
applicable requirements of the Ada County Highway District prior to Disn'ict approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway,DisnictRnad lmpact
Fee Ordinance.
9. It is the respoosibili,ty ofthe applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD 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 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. :Vo change in the terms and conditions of this approval shall be valid tmless they are
iu writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway Disu ict. The burden shat l be upon the
applicant to obtain written confirmation of any change 6om the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subj ect o f
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 o f
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.
C. Adopt the Recommendations ofthe Meridian Fire Department as follows:
l . Provide afire-flow per the International Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart-
2. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OP CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 7 OF ] 0
D. Adopt the Recommendations of Central District Health Dept as follows:
1. This proposal can be approved for central sewage & central water after written
approval fi-om 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 ofEnvironmental
Quality.
Run-off is not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated through a grassy Swale prior to dischar;e to the
subsurface to prevent impact to groundwater and surface water qualify.
5. The Engineers and architects involved with the design of the subject project steal t
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of the Nampa & Meridian h-rigation Dish~ct
if all storm drainage is retained on site there wilt be no impact on the District.
2. However, ifany surface drainage leaves the site, the Disuict requires a Land
Use Change Application be filed for review prior to final platting.
All laterals and waste ways must be protected. The developer must comply
with Idaho Code 31-3805.
The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.4ND ORDER OF COND]T[ONAL APPROVAL OF
PRELIMiNARYlFINAt. PLAT-
CIIERRY CROSSING COMMERCIAL SUBDIVISION - {PFP-0 ~-004)
PAGE 8 OF 10
NOTICE
AND RIGHT TO
The Applicant is hereby notified
request a regulatory taking analysis. Such
City Clerk not more than twenty-eight (28)
issue. A request for a regulatory takings
for Judicial Review may be filed.
Please take notice that this is a
Meridian, pursuant to Idaho Code §
interest in real property which maybe
eight (28) days after the date of this
Chapter ~2, Title 67, Idaho Code.
By action of the City Council at its
~~,br~ 2004.
FINAL ACTION
TAHINGS ANALYSIS
pursuant to Idaho Code 67-8003, the Owner may
must be in writing, and must be'f led with the
after the final decision concerning the matter at
ysis will toll Che time period within which a Petition
action of the governing body of the City o f
An affected person being a person who has an
affected by this decision may, within twenty-
and order,seek ajudicialreview as provided by
meeting held on the ~¢ day of
Y
Tama e e'
nmYY[~~'or, Cit eri~d-ran
Attest:
William G
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FINDINGS OF FACT AND CONCLUSIONS OF L.4W
AND ORDER OP CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT-
`~,~
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CHERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 9 OF 10
Copy served upon Applicant, the Planning and Zoning Department, Public Worla Department
and City Attorney. vv~~uu nnrnq
BY' ~c~-.-~ Dated
City Clerk
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Z:\Wnrl:\M\,Vleridian\Meridian 153GOM\Cherry Crossing Commeinial Sob PFP-03-004\PFP Ft>uls.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
4ND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
CI{ERRY CROSSING COMMERCIAL SUBDIVISION - (PFP-03-004)
PAGE 10 OF 10
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