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HomeMy WebLinkAboutTroutner Business Park PPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01/20/04 Revised 02/09/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR TROUTNER BUSINESS PARK SUBDIVISION N0.2 FOR 6 BUILDING LOTS AND 1 COMMON LOT ON 17.26 ACRES IN A C-G ZONE, MERIDLAN, H)AHO Case No. PP-03-034 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on January 20, 2004, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Ryan Adelman, appeazed and testified, and the City Council having received a report from Craig Hood 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 "PRELIMINARY PLAT OF TROUTNER PARK BUSINESS SUBDIVISION NO. 2, A REPLATTING OF TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST '/ OF SECTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISION NO.2 / (PP-03-034) PAGE 1 OF 13 13, T.3N., R.1W., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO OCTOBER, 2003,W: \work\102015\Design\Preliminary Plat- Phase II\102015sv01.dwg 10/13/03, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION -DEVELOPER, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION -PRESIDENT MARY BALLANTYNE -OWNERS OF RECORD, KELLER ASSOCIATES, INC. - ENGINEERING/SURVEYING FIRM", Troutner Business Park Corporation -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 C-G, 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 proposed office lots are in compliance with the future land use classification, Office, as noted on.the Future Land Use Map. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON N0.2 / (PP-03-034) PAGE 2 OF 13 3. The applicant-has requested Preliminary Plat approval to subdivide 17.26 acres of C-G zoned property into 6 buildable lots and 1 common lot. The site is located approximately 200 feet south of Franklin Road and approximately 500 feet west of Meridian Road within Township 3 North, Range 1 West, Section 13. The site lies within a Commercial area of the 2002- Comprehensive Plan Future Land Use Map and is currently vacant. 4. The submitted preliminary plat application proposes to re-subdivide Lots 4, 5, 10-15, Block 2, Lot 4, Block 3, and Lot 3, Block 5, Troutner Pazk Subdivision No. 1, which was recorded in 1997. With the plat of Troutner• Pazk Subdivision No. 1, the applicant dedicated 60 feet ofright-of--way for Pennwood Street and 3"` Avenue. The applicant is concurrently proposing to vacate a portion of the platted right-of--way for Pennwood Street and all of 3`~ Avenue (VAC-03-007). The azea proposed for vacation is included within the proposed lots of the subject plat, with the exception of the 3`" Avenue right-of--way stub to the south. 5. It is found that the lot configuration and overall design of the proposed subdivision aze in general conformance with the City of Meridian Comprehensive Plan. 6. The developer will be responsible for financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future tenants will be fire and police services. 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 PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2 / (PP-03-034) PAGE 3 OF 13 7. Because the developer is responsible for installing sewer, water, utilities and irrigafion, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. 8. 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. 9. It is found that there are not any health, safety or environmental problems associated with this subdivision. There have been no environmental problems identified that maybe associated with the development of the site. ACHD considers road safety issues in their analysis, and ACHD recommended, with conditions, approval of the subject subdivision. 10. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF TROUTNER PARK BUSINESS SUBDIVISION N0.2, A REPLATTING OF TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST'/ OF SECTION 13, T.3N., R.1W., B.M.; MERIDIAN CITY, ADA COUNTY, IDAHO OCTOBER, 2003,W: \work\102015\Design\Preliminary Plat- Phase II\102015svOl.dwg 10/13/03, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION -DEVELOPER, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION -PRESIDENT MARY BALLANTYNE - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON N0.2 / (PP-03-034) PAGE 4 OF 13 OWNERS OF RECORD, KELLER ASSOCIATES, INC. - ENGINEERING/SURVEYING FIRM." 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 OF TROUTNER PARK BUSINESS SUBDIVISION NO.2, A REPLATTING OF TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST % OF SECTION 13, T.3N., R.1 W., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO OCTOBER, 2003,W: \work\102015\Design\Preliminary Plat -Phase II\102015svOl.dwg 10/13/03, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION -DEVELOPER, TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION -PRESIDENT MARY BALLANTYNE -OWNERS OF RECORD, KELLER ASSOCIATES, INC. -ENGINEERING/SURVEYING FIRM", Troutner Business Park Corporation, 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 Commission as follows: 1. Delete Site Specific condition #1 on page 4 of the submitted staff report . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO.2_ / (PP-03-034) PAGE 5 OF 13 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS 2. Sanitary sewer and water service to this site will be from main line extensions from the phase one and from the future connection of Pennwood Street to the east. The Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development, thereby making them available to adjacerit properties. Subdivision designer to coordinate-main sizing and routing with the Public Works Department. Provide landscaping along Pennwood Street (and any other local/commercial street) in accordance with MCC 12-13-10.Obtain a license agreement from ACRD for any landscaping proposed in the right-of--way. 4. Where driveways intersect Pennwood Street, provide a cleaz-vision sight triangle in accordance with MCC 12-13-9-5. 5. If Pennwood Street is not constructed from Meridian Road to the eastern boundary of the plat, construct a temporary, Meridian Fire Deparhnent approved, vehicular tumazound for Pennwood Street. 6. Building setbacks for structures and dimensional standards for the proposed lots shall be in accordance with the applicable zoning regulations of the City of Meridian. 7. Underground year-round 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 ufilized, the developer shall be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the Meridian City Engineer. 8. 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 oftrees that were removed. Required landscaping trees will not be considered as replacement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON NO. 2 / (PP-03-034) PAGE 6 OF 13 trees for those trees that have to be removed. Coordinate the. proposed tree mitigation plan with Elroy Huff in the Meridian Parks Department (888-3579). 9. Submit any updated groundwater/soils 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 dischazge within a period oftime not to exceed 24 hours for all storms up to and including a i 00-year storm event. Side slopes within drainage azeas shall not exceed 3:1. The project engineer should pay close attenfion to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. STANDARD CONDITIONS 1. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, including lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 4. Streetlights will 'be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. A detailed landscape plan for the common azeas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the fmal plat applications. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of-110% will be required for all fencing, landscaping, pressurized irrigafion, sanitary sewer, water, etc., prior to signature on the Final Plat. 6. All irrigation ditches, laterals or canals, exclusive ofnatural waterways; intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON N0.2 / (PP-03-034) PAGE 7 OF 13 users association, with written confirmation ofsaid approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per MCC 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 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. C. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval Construct a 5-foot wide concrete sidewalk on each side of Pennwood Street located 2-feet within the right-of--way. 2. Provide an easement to the District for any portion of the constructed sidewalks that extend outside of the right-of--way. 3. Construct Pennwood Street as a 40-foot street section with concrete curb and gutter. 4. Either vacate 3`~ Avenue or construct it as a 40-foot street section with concrete curb, gutter, and a 5-foot wide (minimum) sidewalk. 5. Comply with all Standard Conditions of Approval. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON N0.2 / (PP-03-034) PAGE 8 OF 13 4. Utility street cuts in pavement less than five years old aze 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 Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze 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. 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 #198, 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 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) aze compromised during any phase of construction. 10. No change in the terms and conditions ofthis-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDPJISON N0.2 / (PP-03-034) PAGE 9 OF 13 of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other Iegal 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: Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' 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 thru the Public Works Department. 4. All roads shall have a minimum fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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 a turn around. Provide an approved turn-around on the East end of Pennwood. 7. The fire department request 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. 8. All access roads leading into and within the project shall have a cleaz driving surface with a minimum width of 20' available at all times. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON N0.2 / (PP-03-034) PAGE 10 OF 13 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. Stonnwater shall be pretreated through a gassy 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. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Applicant shall file a Land Use Application prior to final platting. 2. All laterals and waste ways must be protected. The District's Eight-Mile Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the action of the City Council taken at their January 2Q 2004 meeting as follows: For clarification: 1. The applicant shall provide a stub street from Pennwood Street to the south boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON N0.2 / (PP-03-034) PAGE 11 OF 13 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 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 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 y of 2 `~~ da ~G/<<~v , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN BILL NARY VOTED_~- COUNCILMAN CHARLIE ROUNTREE VOTED_~'~'" COUNCILMAN KETIH BIRD VOTED~~" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT TROUTNER BUSINESS PARK SUBDIVISON N0.2 / (PP-03-034) PAGE 12 OF I3 MAYOR TAMMY de WEERD (TIE BREAKER) Attest: ,\~~o,```~ pF RA: ~~~ ~,~OAP~9TF0 ®~ G. Berg, Jr., City Copy served upon Applicant, The Department and City Attorney. a5'EAL - 9( pM -G~ 1~ .Ct '9p Gsr ist , r w By: .~~ 1~'/~ ~ Dated:, City Clerk Z:\Work\M\MeridianVNeridian 15360M\Troumer Business Pazk No. 2 PP-03-034\FflClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TROUTNERBUSINESSPARK SUBDIVISONN0.2 /(PP-03-034) PAGE 13 OF 13 Public Works 3- 2-~5~ VOTED Weerd ```"~„uinirrn~~~~ , \``~~~y p~ MEP~,d~~.,,,. SEAL -_ ~ ~~ ii99~~`r'1SS pP1"d\ ilv ffi,:7 >>"~~-"