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HomeMy WebLinkAboutInitial Point Subdivision PPPP 04-012 MERIDIAN PLANNING & ZONING MEETING May 20, 2004 APPLICANT Robnett Construction / Chad Kinkela ITEM NO. 4 REQUEST Public Hearing — Request approval for a Preliminary Plat of b commercial building lots & 1 common lot on 2.82 acres in C -G zone for proposed Initial Point Subdivision - east of North Meridian Road and south of East Fairview AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: COMMENTS See attached Staff Comments No Comment See attached Comments See attached Comments See attached Comments Date: S' Staff Initials: Phone: Materials presented of public meetings shall become property of the City of Meridian. Zj �'�►,�. Ada Count Highway District s3 Y g Y Inhn C Fmndan Pracirlant Dave E. Wynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208)387-6391 E-mail: April 21, 2004 To: Robnett Construction - 172 S. Academy, Suite 170 RECEIVEP Eagle, Idaho 83616 Subject: MPP04-012 APR 2 3 200, Initial Point Subdivision City of Meridian Fairview Avenue & N. Lakes Avenue City Clerk Office On April 20, 2004, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6174. Sincerely _ ,V /so n Hartog or Development Analyst Right-of-way & Development Services, Planning Review Division CC: Planning & Development project file OWMIM10W Construction Services Drainage Utilities David Bailey, Bailey Engineering, Inc. 1117 E. Plaza Drive, Suite F Eagle, Idaho 83616 Ada County Highway District Right -of -Way & Development Department Planning Review Division This application does not require Commission, and is approved at the staff level as of April 20, 2004. Tech Review for this item was held with the applicant on April 16, 2004. Please refer to the attachment for request for appeal guidelines. Staff contact: Lori Den Hartog, phone: 387-6174, E-mail: ldenhartog(@ achd. ada. id. us File Numbers: Initial Point Subdivision/ MPP04-012 Site address: Fairview Avenue and N. Lakes Avenue Applicant/Owner: Robnett Construction 172 S. Academy, Suite 170 Eagle, Idaho 83616 Representative: David Bailey, Bailey Engineering, Inc. 1117 E. Plaza Drive, Suite F Eagle, Idaho 83616 Application Information: The applicant has submitted the above referenced application to the City of Meridian requesting preliminary plat approval for the development of 6 commercial lots and 1 common lot on 2.82 -acres. The site is located southwest of the intersection of Fairview Avenue and N. Lakes Avenue. Acreage: 2.82 -acres Commercial lots: 6 Common lots: 1 Vicinity Map A. Findings of Fact 1. Trip Generation: This development is estimated to generate 258 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site is currently vacant. 5. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Commercial Carwash C -G South Single-familyresidential R-8 East Vacant & Auto sales lot R-8 West Multi -family residential & Vacant C -G & R-8 6. Impacted Roadways Roadway Frontage Functional Traffic Count Level of Speed Classification Service" Limit Fairview None Principal Arterial 28,104 east of Better 35 MPH Jericho on 4/29/02 than "C° N. Lakes Ave. None Local/Commercial No counts available N/A 20 MPH "Acceptable level of service for a five lane arterial roadway is -e' (31,uuu v i U). 7. Roadway Improvements Adjacent To and Near the Site • Fairview Avenue is improved with 4 travel lanes, a center turn lane, and a 5 -foot sidewalk north of the site. There is also a right turn lane abutting the carwash/gas station property north of the site that turns into the access drive serving this site. 8. Existing Right -of -Way • Fairview Avenue currently has 103 -feet of right-of-way north of the site. 9. Existing Access to the Site The site currently takes access via a 40 -foot wide perpetual easement that abuts the east property line and extends to Fairview Avenue. The access easement is in alignment with the approved location of N. Lakes Avenue. North Lakes Avenue and the traffic signal at its intersection with Fairview Avenue are being constructed with the Fairview Lakes Subdivision project on the north side of Fairview Avenue. 10. Site History The District reviewed this site in July 2002 as a conditional use permit request to operate a transmission repair and service shop (MCUP02-019). 11. Capital Improvements Plan/Five Year Work Program There are currently no projects within this area that are scheduled in the District's Five Year Work Program. Fairview Avenue is scheduled in the Capital Improvements Plan to be widened to 7 lanes from Maple Grove to Meridian Road in 16 to 20 years. 12. Commuteride Alternative Transportation Program (ATP) • In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Catherine Sanchez at 387-6160. Transportation Management Association (TMA) or Transportation Management Organization (TMO) • In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. B. Findings for Consideration Right -of -Way District policy requires 120 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- way allows for the construction of a 7 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks and bike lanes. This site does not have any frontage on Fairview Avenue. No right-of-way will be required to be dedicated with this application. 2. Driveways Location District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150 -feet from any existing or proposed driveway. The applicant has proposed to utilize the existing 40 -foot wide perpetual access easement (Inst. #97021084). This access drive is paved and aligns with N. Lakes Avenue on the north side of Fairview Avenue. A signal has been installed at the intersection of N. Lakes Avenue and Fairview Avenue. 3 C. Site Specific Conditions of Approval Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 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 bome by the developer. 3: Replace any existing damaged curb, gutterandsidewalk 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 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 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 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. 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) 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. Ig E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed useldevelopment will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Aerial photo 3. Site Plan 3. Appeal Guidelines 5 H §; . - /w`�At k ;�\j ra&� ASN � § � Q��§■ %44§ [ � w|�� � Nil %pffl § oil A� Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 12 CENTRAL DISTRICT Return to: CENTRAL DISTRICT HEALTH DEPARTMENT c0offe HEALTH Environmental Health Division ❑ Boise DEPARTMENT RECEIVED ❑ Eagle Rezone # APR 1 6 2004 ❑ Garden City Conditional Use # �Nleridian G=�; a€Aier,dir ❑ Kuna PrelLJACZ iminary / Final / Short Plat �i� D� ©%Z- City Clerk Office /F �.yT _rue D/a/sia) ❑Sar ❑ 1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ✓✓✓✓✓✓( central sewage ❑ community sewage system ❑ community water well ❑ interim sewagecentral water ❑ individual sewage ❑ individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of f environmental Quality: X—central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines Xzentral water X-0. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 14. Please see attached stormwater management recommendatations Date: / / % /© ❑ 15. Reviewed By:GciE/lJ4f, Review Sheet CDHD 9100 Ike C00 CENTRAL DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 To prevent and !real disease and disability; to promote healthy lifestyles; and to protect and promme the health and qualify of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Department of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. �.a n,0303 Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Elmore County Office Valley County Office 707 N. Armstrong PI. 520 E. 8th St. North 703 N. 1st St. Boise, ID 83704 Mountain Home, ID 83647 P.O. Box 1448 Endro: Health: 327-7499 Enwro. Health: 587-9225 McCall, ID 83638 Family Planning: 327-7400 Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 - WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460 FAX: 587-3521 WIC: 327-7488 - FAX: 327-8500 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird C.ITYOF Crt�t�n tl IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: 2004 Transmittal Date: April 5, 2004 Hearing Date: May 20, 2004 File No.: PP 04-012 Request: Preliminary Plat approval of 6 commercial building lots & 7 common lot on 2.62 acres in C -G zone for proposed Initial Point Subdivision By: Robnett Construction Location of Property or Project: east of North Meridian Road and south of East Fairview Avenue David Zaremba, P/Z (No VAR, VAC, FP) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No VAR, vAc) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Meridian School District (No FP) Meridian Post Office (FP)PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Keith Bird, C/C Qwest (FP/PP only) Shaun Wardle, C/C Intermountain Gas (FP/PPonly) Water Department Bureau of Reclamation (FP/PP only) Sewer Department Idaho Transportation Department (No FP) Sanitary Service (No VAR, VAC, FP) Ada County (Annexation only) Building Department Ada County Land Records.(FP/PP only) Fire Department Meridian Development Corporation Police Department Historical Preservation Commission Cay attorney Your Concise Remarks: City Engineer -.,,N City Planner ♦lN P APR -6 . .;ASTEVVATEI, WEPT. RE APR - 7 2004 City of Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 14 April, 2004 William G. Berg Jr. City Clerk City of Meridian - - 1 3 ,' e.-- -- Mtri2lafi; ,83642 RECEIVED APR 2 3 2004 City of Meridian r n City Clerk Office /�LGG�G�'L %}l1LGC L46Z [JG0.�7.iC.� 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: PP04-012/Preliminary Plat Initial Point Subdivision Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's Five -Mile Drain courses along the southwest comer of 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. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 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. S'erely, f oP.Anon Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA/dbg C: Board of Directors Secretary/Treasurer Asst. Water Superintendent File - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 20 April 2004 RECEIVED APR 2 3 2004 City of Meridian City Clerk Off tee COPY I i�Wif *7 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 David A. Bailey, P.E. SHOP: Nampa 466-0663 Chad S. Kinkela, P.E. Bailey Engineering, Inc. - -- —11-1-7 E. -Plaza -Drive, -quite -F - Eagle, ID 83616 RE: Land Use Change Application – Initial Point Subdivision Dear Mr. Bailey and Mr. Kinkela: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, �. Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Lamont & Lynn Couba, 13490 Guffey Lane, Melba, ID 83642 Robnett Construction, 172 S. Academy, Suite 170, Eagle, ID 83616 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary _ Shaun Wardle Charles M. Rountree 1. �YltCITY OF is ln tl IDAHO STAFF REPORT: P & Z Hearing Date: May 20, 2004 Transmittal Date: May 17, 2004 To: Mayor, City Council and Planning & Zoning Commission RECEIVED From: Brad Hawkins -Clark, Principal City Planner eo� MAY 1 d 2004 Subject: Initial Point Subdivision City Of Meridian City Clerk Office • Preliminary Plat (PP) Approval of Six (6) Buildable Lots and One (1) Common Lot on 2.82 Acres in a C -G Zone, for Initial Point Subdivision, by Robnett Construction. (File No. PP -04-011) We have reviewed the aforementioned application and now offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. APPLICATION SUMMARY & BACKGROUND The applicant, Robnett Construction, has applied for Preliminary Plat (PP) approval of a seven lot commercial subdivision on 2.82 acres that are currently vacant. The site was originally part of the same parcel on which Ultra Touch Carwash is now located. The Meridian City Council approved the one-time split of this parcel in 1997 as a part of Ultra Touch Carwash's Conditional Use Permit approval. The applicant now proposes to subdivide the south remnant parcel into six new buildable lots. The buildable lots range in size from 5,892 s.f. to 17,224 s.f. The site is located on the south side of E. Fairview Avenue, immediately south of Ultra Touch, in an existing C -G (General Commercial) zone. This property is currently designated "Commercial" on the 2002 Comprehensive Plan Land Use Map. The property takes its primary (and only) vehicular access off of a private, 40 -foot wide ingress/egress easement that is shared with Ultra Touch Carwash and the car sales lot to the east. This easement was created in 1997 and provides a perpetual right of access among the three (3) parcels. The easement is paved and also functions as an underground utility, sewer, water and drain line easement. hi April, the applicant submitted a Certificate of Zoning Compliance application to the City for a new building on Lot 3 of the proposed subdivision. Since the subject parcel was legally split (approved by the City Council), they are eligible for one building permit. However, as noted under the "Special Consideration" section, a Development Agreement (DA) was to be recorded by Mr. Kouba at the time of annexation. But the DA was never executed and remains an outstanding matter on this property. Staff is working with the applicant to update the DA and PP -04-012 Initial Point Subdivision.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: May 20, 2004 Page 2 place it on a City Council agenda for final approval in the next month. Said DA will need to be executed before this plat is recorded with the Ada County Recorder's Office. The applicant is not requesting any variances or waivers to any ordinance requirements with the subject application. Staff has provided a detailed analysis and recommended conditions of approval for the requested preliminary plat application below. Staff is recommending approval of the application, with the conditions outlined in this report. CURRENT OWNERS OF RECORD Lamont and Lynn Kouba of Melba, ID are the current property owners, and Lamont Kouba has submitted notarized consent for Robnett Construction to submit the subject application. LOCATION & SURROUNDING USES The subject property is located approximately 300 feet south side of E. Fairview Avenue, between Main Street and Locust Grove, in Section 7, Township 3 North, Range 1 East. The following uses surround the subject property: North — Ultra Touch Car Wash, zoned C -G, and Meridian Auto Sales, zoned C -G. South — Sterling Creek Sub, zoned R-8. There are three (3) single family houses and a common lot owned by the Homeowner's Association immediately adjacent to the subject property. One lot in Danbury Fair Sub, zoned R-8, touches the southeast corner of the parcel. East — An 8.2 -acre parcel with a car dealer on the front 1/3 of the property and undeveloped land in the rear, directly across from the proposed use, zoned R-8. West — Creekside Arbour 42 apartment complex, zoned R-8, is on the south side of Five Mile Creek, and a 3.1 -acre, undeveloped parcel zoned R-8 lies on the north side of Five Mile Creek. Both parcels are contiguous to the subject PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.1) of Meridian City Code read as follows: In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned C -G. 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. Staff finds the following Goals, Objectives, and Action items contained in the 2002 PP -04-012 Initial Point Subdivision.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: May 20, 2004 Page 3 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal Il, Objective A, Action item 12) The applicant is proposing to utilize the existing cross -access easement and share access to E Fairview Avenue. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Staffhas included conditions for landscaping of this site. See Special Consideration "C"section below. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) This is an infill development site and is readily serviceable by City ofMeridian's sanitary sewer and water systems. Meridian Fire and Police have commented that they can serve the property. B. The availability of public services to accommodate the proposed development; On April 23, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All service providers present stated that their services are available to the site. Please see the various agency comments at the end of this report for further information. Staff recommends that the Commission and Council reference the comments and conditions from the various agencies and departments, regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; Staff finds there will be no extraordinary costs to the public or City of Meridian to provide supporting services to the development. The Meridian Parks Department facility plan (and Comprehensive Plan Future Land Use Map) call out a public, multi -use pathway adjacent to the Five Mile Creek in the southwest corner of this development. It is being recommended that, to help defray the cost to the public, the developer construct the pathway. (See Site Specific PP -04-012 Initial Point Subdivision.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: May 20, 2004 Page 4 Conditions below.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. The Commission and Council should be aware that a portion of the Five Mile Creek floodway encroaches onto one of the buildable lots within the subdivision (Lot 7). Plat note #10 states that fill to be brought into the site will vary from 0 — 2 feet in depth to achieve the required FEMA grades. Staff recommends that the Commission and Council reference any public testimony that maybe presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. SPECIAL CONSIDERATIONS 1. Annexation Ordinance & Development Agreement: When this parcel was annexed in August 1996 by Mr. Lamont Kouba, a condition of annexation was that the owner enter into a Development Agreement (DA) with the City (item c, Section 2 on pg. 3 of DA). However, according to the City Clerk records, the DA was never completed or signed. The property was, however, annexed under Ordinance No.736 to the C -G zone. There are several conditions of the annexation ordinance that must be met by any development on the property. These conditions run with the land and are addressed in condition # 1 and #2 below. Staff is also recommending that a DA be entered into prior to issuing a Certificate of Zoning Compliance in order to complete the original requirement of annexation. 2. Cross Access to West: The conceptual parking layout and drive aisle proposes a dead-end drive aisle near the northwest corner of the plat (where trash enclosure is shown). An undeveloped, 3.1 -acre parcel that is zoned C -G, is contiguous to the west and has approximately 240 feet of shared boundary with the subject parcel. To provide secondary emergency access, improve internal connectivity within this area and to help reduce the traffic load on Fairview Avenue, staff is recommending the driveway stub to the west property line and provide for future cross -access. (See Site Specific Condition #3 below.) Landscape Plan/Land Use Buffer: The submitted landscape plan (Sheet L-1, by The Land Group, Inc.) is only for Lot 3, Block 1 and is not a subdivision landscape plan. Meridian City Code 12-13- 12-4 requires landscape buffers between the different classifications of land uses. So, a 20 -foot wide landscape buffer between the proposed office use and the single-family residences to the south is required. Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use. Lot 6 appears to meet this ordinance. However, the following issues related to the buffer will need to be resolved and specifically approved by the City: a. Timing: Staff understands that the applicant proposes to delay construction of the buffer between land uses until Lot 6 is constructed. Said buffers are normally required to be constructed as a subdivision improvement by the subdivider prior to the first building PP -04-012 Initial Point Subdivision.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: May 20, 2004 Page 5 receiving a Certificate of Occupancy. The applicant should be prepared to address the timing of buffer construction at the public hearing. b. Driveway: There is an existing driveway (accommodating the utilities, easement, etc.) on the south property line which precludes the planting of trees. The Commission and Council should review the proposed buffer (north of the existing driveway) and approve of this modified design. 4. Phasing: No phase lines were shown on the Preliminary Plat. The applicant should clarify at the P&Z Commission public hearing any phasing plans for construction of the subdivision improvements. 5. Common Area Maintenance: The application states that no CC&R's are intended for this subdivision. However, note #5 on the face of the plat states there will be CC&R's. There are drive aisles, parking, landscaping, trash enclosures, etc. all located within the common lot (Lot 1). These areas are typically maintained by a business owner's association. The applicant should be prepared to clarify this discrepancy and, if no association is planned, how long-term maintenance of these common areas will be administered. SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition of this plat: a) Connect to Meridian water and sewer services b) Development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comp Plan, adopted January 4, 1994 c) Enter into a Development Agreement with the City (see #2 below) d) These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns 2. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject property. The DA shall address, among other things, the eleven (11) parking spaces designated for Ultra Touch Carwash and which were required as part of their Conditional Use Permit. 3. Provide a note on the plat granting future vehicular cross -access to the Yuan Trust parcel to the west to utilize the northern drive aisle within Initial Point Subdivision (Lot 1, Block 1). Maintenance of all drive aisles and parking areas shall be provided for with a note on the plat, AND/OR a recorded document such as an express easement or CCR's. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. 4. To comply with MCC 12-13-11-2.B, the applicant must provide a minimum five (5) foot -wide landscape strip along any portion of the north and west boundary that is adjacent to pavement (existing or future). Said strips shall be shown on future detailed landscape plans. Because of the existing sewer easement, plant low- lying shrubs, not trees, within these required landscape strips. 5. Remove the street name "N. Lakes Avenue" from the face of the plat. (To date, the commercial driveway has PP -04-012 Initial Point Subdivision.PP.dm Planning & Zoning Commission/Mayor & City Council Hearing Date: May 20, 2004 Page 6 not been approved as either a public or private street.) 6. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the stone pond shown in the southwest corner. Submit details with the Certificate of Zoning Compliance application. The submitted landscape plan, prepared by The Land Group, Inc., dated 3-25-04 is not approved and a detailed landscape plan shall be submitted with the final plat application. If the buffer between land uses and the perimeter landscape strips are approved to be delayed until individual lot permits, this condition shall become null and void. 6. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 7. 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 MCC 12-4-13. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 8. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year from the approval date of the final plat, to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12-2-4). STANDARD PLAT CONDITIONS• 1. 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. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. 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 from the Public Works Department prior commencing installations. 3. Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4. C. 4. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24 -hours for all storms up to and PP -04-012 Initial Point Subdivision.PP.dw Planning & Zoning Commission/Mayor & City Council Hearing Date: May 20, 2004 Page 7 including a 100 -year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage 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. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 6. Coordinate mailbox locations with the Meridian Post Office. 7. 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 maybe used for non-domestic purposes such as landscape irrigation. 8. 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. 9. Staffs failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. Other Agency/Department Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregoryat SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with each certificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT Applicant shall contact Doug Strong, Meridian Parks & Recreation Director, to identify the multi -use pathway location, easement language, etc. 2. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 3. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. MERIDIAN POLICE DEPARTMENT To increase emergency access to the site, the applicant shall provide a stub driveway to the property to the west. Prior to the next public hearing, the applicant shall submit a revised plat/site plan to reflect this requirement. MERIDIAN FIRE DEPARTMENT PP -04-012 Initial Point Subdivision.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: May 20, 2004 Page 8 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/z" 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'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site, a minimum of two points of access will be required . The applicant shall provide a stub driveway to the property to the west. The two entrances shall be separated by no less than ''/z the diagonal measurement of the project. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex. 10. All portions of the buildings located on this project must be within 150' of a paved surface. 11. Provide exterior egress lighting as required by the International Building & Fire Codes. Staff recommends approval of the submitted Preliminary Plat (PP -04-012) application, with the conditions listed herein. PP -04-012 Initial Point Subdivision.PP.doc MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree �Q CITY OF IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 4664405 PARKS &.RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird `" '^• Taensuae V,�"' ,sluts PLANNING &ZONING 903 (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: May 13, 2004 Transmittal Date: April 6, 2004 Hearing Date: May 20, 2004 File No.: PP 04-012 Request: Preliminary Plat approval of 6 commercial building lots & 1 common lot on 2.82 acres in C -G zone for proposed Initial Point Subdivision By: Robnett Construction Location of Property or Project: east of North Meridian Road and south of East Fairview Avenue David Zaremba, P/Z trvo VAR, VAC, FP) David Moe, P/Z (No VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (No VAR, VAC) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, PIZ (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner _Parks Department Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (Fp/PPonly) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PP only) Meridian Development Corporation Historical Preservation Commission RECEIVED MAY 18 2004 City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813