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HomeMy WebLinkAboutSparrowhawk Subdivision No. 2 PP-03-043 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF 11 COMMERCIAL BUILDING LOTS AND I COMMONIOTHER LOT ON 15.8 ACRES IN A C-G ZONE FOR SP ARROWHA WK SUBDIVISION NO.2, LOCATED ON THE NORTHEAST CORNER OF FRANKLIN ROAD AND NOLA ROAD, WITHIN SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO BY: DAVID WALDRON, APPLICANT CIC 03/02/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-03-043 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 March 2, 2004, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, David Waldron, Rod Cullen and John Anderson, appeared and testified, and the City Council having received a report from Craig Hood Associate City Planner 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 "PRELIMINARY PLAT FOR SP ARROWHA WK NO.2 SUBDIVISION, A RESUBDIVISION OF LOT 2 AND 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 1 of14 OF SP ARROWHA WK SUBDIVISION, A PORTION OF THE S Y, OF THE SW Y, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23039, DATE: 10-14-03, PRELIMINARY PLAT SPARROWHAWKNO. 2 SUBDIVISION DAVE WALDRON, SHEET PP-l, HANDWRITTEN DATE: 11-21-03, DEE R. LYNN - OWNER, DAVE WALDRON - DEVELOPER, DAVID A. BAILEY - ENGINEER FOR BAILEY ENGINEERING, INC.", David Waldron, 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, InITastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned CoG, 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. The applicant has requested Preliminary Plat and Conditional Use Permit approval for a Planned Development of 11 commercial building lots and I common lot on 15.8 acres of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 2 of14 land located on the northeast corner of Franklin Road and Nola Road, within Section 8, Township 3 North, Range I East, Meridian, Idaho. 3. Dee R. Lynn is the current property owner and has submitted notarized consent for David Waldron to subject the subject application. David Waldron is the developer of the proposed project. 4. The Comprehensive Plan Future Land Use Map designates the land to be "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. It is found that the proposed commercial subdivision, with anticipated uses to include: office, retail, self-storage, and other commercial services, is harmonious with and in accordance with the 2002 Comprehensive Plan. s. The developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. On January 9, 2004, ajoint agencyldepartment comments meeting was held with representatives of key service providers to this property. Sanitary Services Company (SSe), Meridian Fire Department, and Meridian Parks Department have provided comments and conditions and which are listed hereinbelow in number 2. It is found that public services can be made available to accommodate the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 3 of14 6. Because the developer is required to install sewer, water, utilities and irrigation, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. 7. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 8. It is found that there should not be any health, safety or environmental problems associated with this subdivision. ACHD considers road safety issues in their analysis, and ACHD has recommended, with conditions, approval ofthe subject subdivision. No hazardous natural features have been identified on the site. 9. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR SP ARROWHA WK NO.2 SUBDIVISION, A RESUBDIVISION OF LOT 2 AND 3 OF SPARROWHAWK SUBDIVISION, A PORTION OF THE S Y, OF THE SW Y, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23039, DATE: 10-14-03, PRELIMINARY PLAT SPARROWHA WK NO.2 SUBDIVISION DAVE WALDRON, SHEET PP-I, HANDWRITTEN DATE: 11-21-03, DEER. LYNN -OWNER, DAVE WALDRON- DEVELOPER, DAVID A. BAILEY - ENGINEER FOR BAILEY ENGINEERING, INC.". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SPARROWHAWK SUBDIVISION NO. 21 (pP-03-043) 4 of14 10. The City Council recognizes the concerns of John Anderson expressed in his letter dated January 26,2004, ITom the Nampa & Meridian Irrigation District dated January 14, 2004, and ITom Milo O. Elston in his letter dated February II, 2004. 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 SP ARROWHA WK NO.2 SUBDIVISION, A RESUBDIVISION OF LOT 2 AND 3 OF SPARROWHAWK SUBDIVISION, A PORTION OF THE S Y2 OF THE SW Y, OF SECTION 8, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2003, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT NO. C23039, DATE: 10-14-03, PRELIMINARY PLAT SPARROWHAWK NO.2 SUBDIVISION DAVE WALDRON, SHEET PP-l, HANDWRITTEN DATE: 11-21-03, DEE R. LYNN - OWNER, DAVE WALDRON - DEVELOPER, DAVID A. BAILEY - ENGINEER FOR BAILEY ENGINEERING, INC.", David Waldron, 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 5 of 14 I. Add a sentence to the second bullet in Site Specific Condition #5 on page 7 that says: "Refer to Meridian Parks and Recreation letter or February 3,2004, written by Elroy Huff, regarding mitigation of 62 caliper inches of trees." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. All conditions of the previously approved Annexation/Zoning (AZ-OO-024), Development Agreement, Sparrowhawk Subdivision #1, Conceptual Conditional Use Permit (CUP-O2-001), and the current Conditional Use Permit (CUP-03-066) application shall also be considered conditions of the Preliminary Plat (pP-O3-043). Because this site consists of two legal lots of record, the Applicant shall be allowed to pull one building permit for Lot 2 and one building permit for Lot 3, Sparrowhawk Subdivision #1, prior to recordation of Sparrow hawk Subdivision #2, if separate CUP approval is obtained for the buildings. 2. Install landscape materials within the 2S-foot wide platted landscape easement adjacent to the existing single-farnilyhome in accordance with MCC 12-13-12. Said landscaping shall be reflected on the landscape plan submitted with the final plat. 3. Either road trust with ACHD for the required sidewalk on Franklin Road, or construct a 5-foot wide concrete sidewalk on Franklin Road abutting the site. Construct a S-foot wide concrete sidewalk on Nola Road abutting the site. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5- 3). 4. Prior to the City Engineer's signature of the final plat, submit to the Planning and Zoning Department, a recorded copy of a cross-parkinglcross-access agreement for the lots within the subdivision to utilize the drive aisles and off-street parking stalls. S. The submitted landscape plan prepared by The Land Group, Inc., and dated 11-21- 01 is approved subject to the following: . Street buffers along Franklin Road shall be constructed in accordance with CUP-03-066. . Any tree over 4" in caliper that is removed ITom 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 are removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 6 of14 Refer to Meridian Parks and Recreation letter or February 3,2004, written by Elroy Huff, regarding mitigation of 62 caliper inches of trees. (See item F.I for the Parks Department recommendations.) 6. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). A minimum 6-foot fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. All fencing shall be installed in accordance with MCC 12-4-10. 7. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by Dee R. Lynn, however the developer is David Waldron. Staff requests clarification of this arrangement at the hearing. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The 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, 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 City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. 8. Sanitary sewer service to this subdivision shall be from a main being installed in Franklin Road. The Applicant may be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. Municipal water to this site shall be via extensions from mains being installed in Franklin Road and Nola Road. Applicant will be responsible to construct a water main through this proposed development to provide a looped system for domestic and fire protection. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. Maintenance of all common areas (e.g. -drive aisles, landscaping, etc.) shall be the responsibility of the Sparrowhawk Business Owners Association. 11. Direct lot access to Franklin Road is prohibited unless approved by ACHD and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SPARROWHAWK SUBDIVISION NO. 21 (pP-03-043) 70f14 City of Meridian. A note shall be placed on the final plat restricting access to Franklin Road. GENERAL REOUlREMENTS-PRELlMINARY PLAT 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat(s) application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. 5. 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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ITom the Public Works Department prior commencing installations. 6. Submit all updated groundwaterlsoils monitoring data to the Public Works Department for review. 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 all storms up to and including 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion ofadrainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. 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 of homes is at least I-foot above groundwater. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SPARROWHAWK SUBDIVISION NO. 21 (pP-03-043) 8 of14 8. Any existing domestic wells and/or septic systems within this project will have to be removed ITom 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. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. II. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. C. Adopt the Recommendations of ACHD as follows: I. Comply with the conditions of Sparrowhawk Subdivision, as approved on February 28,2001 by the Ada County Highway District Commission. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Commercial and office occupancies will require a fire-flow as required by the International Fire Code to service the proposed project. Fire hydrants shall be placed an average 0[300' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 9 of14 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. S. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained ITee of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. Building setbacks shall be per the Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 10. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 11. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 12. All building uses and processes to comply with the fire code in effect at the time of construction. 13. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 14. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 15. All fire lanes shall have a clear driving surface which is 20' wide available at all times. E. Adopt the Recommendations of the Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 10 of14 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 Environmental 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. S. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: I. The following existing trees on the site and have been determined that they need to be mitigated for: One 28" Oak tree, One 10" English Walnut, One 8" &uiting plumb, Two 8" evergreens. The total caliper inches to be mitigated for is 62" inches. 2. The development shall comply with the 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. G. Adopt the recommendations of the Sanitary Services Company (SSe) as follows: I. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in ITont of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floorlpad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Permit and issuance of a Certificate of Zoning Compliance. H. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. The project should not impact the District providing the irrigation plans, for pressure irrigation, nor the drainage plans change during the approval process. If either of these plans change the District will need to do a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) 11of14 review on the proposed drainage site as well as the modification of the pressure irrigation system. 2. A delivery ditch crosses through and serves this property. It is the Barker Lateral Tap, No. 4248. The District has a tremendous amount of concern that this lateral be operational no later than the 15th of March. Although it is not the District's facility, and they have no legal jurisdiction, this would insure continued operation of the entire Barker Lateral which services several hundred people upstream ITom this location. This facility must be able to pass approximately 250 minor inches of water at any given time. This is the only method of the District to operate this lateral and have a continuous flow, as it is the last delivery in the system. It must be allowed to pass through and continue on to the west until it returns back into either the Evans Drain or Five-Mile Drain located to the west and north of this project. There is a water user's association known as the Barker Lateral Water User Association Tap 4248. The Water Master and Secretary for this private delivery is John P. Anderson. You may want to require the developer to contact Mr. Anderson to insure that their needs are satisfied. I. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: 1. The developer shall be required to provide the irrigation plans for the project to John Anderson, an adjacent neighbor and the water master for the general vicinity, and for homes within the Greenhill Estates Subdivision, to make sure that their irrigation water and delivery of said water of at least 250 miner inches, are protected and shaH not be interfered with during the irrigation season. Also an agreement shall be entered into between the Sparrowhawk property owners' association and the ditch users association so that the maintenance and operation shall be provided for after the ditch has been tiled. Additionally, the stormwater drainage shall be addressed as well. 2. The developer shaH be required to comply with the following conditions agreed to by the developer at the public hearing at the City Council meeting held on March 2,2004, where David Waldron, the developer, made the following statement: "Respectful of the concerns of Mr. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SPARROWHAWK SUBDIVISION NO. 21 (pP-03-043) l20fl4 Anderson and we are fully aware of the requirements of the irrigation system and it's our intent to pipe that system and we completely understand that we are not going to be able to exercise any construction during the summer season until next October. So, I'm very happy to share our irrigation plan when it's completed with him and we review it", and pertaining to the drainage issue Mr. Waldron stated: "The drainage will be on site completely", and which public testimony has been incorporated into public record ITom that meeting. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 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 may be adversely affected by this decision may, within 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 a~!he City Council at its regular meeting held on the 6 ~ day of ~ 2 , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-O43) 13of14 COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTEDþ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SP ARROWHA WK SUBDIVISION NO. 21 (pP-03-043) l40fl4