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HomeMy WebLinkAboutValencia Plaza Subdivision PP-04-010 THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR VALENCIA PLAZA SUBDIVISION FOR 6 COMMERCIAL LOTS ON 5.23 ACRES IN AN L-O ZONE, LOCATED ON THE SOUTH SIDE OF GALA STREET, APPROXIMATELY 300 FEET EAST OF MILLENNIUM WAY, IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO BY: ASPEN GROVE DEVELOPMENT, LLC, APPLICANT CIC 06/15/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-04-010 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 June 15, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, and Jason Dunsmer, appeared and testified, and the City Council having received a report trom Craig Hood 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 Preliminary Plat "VALENCIA PLAZA SUBDIVISION, A RESUBDIVISION OF LOT I, BLOCK I, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-01 0) Page 1 ofl7 RESOLUTION SUBDIVISION NO. I SITUATED IN THE NORTHWEST Yo OF SECTION 20, T3N, RlE, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, VALENCIA PLAZA SUBDIVISION PRELIMINARY PLAT, DESIGN BY STAFF, DATE: 03-02-04, DRAWN BY STAFF, JOB NUMBER 0304-2468, P-I.O, HANDWRITTEN DATE: 3-16-04, ASPEN GROVE DEVELOPMENT, LLC - OWNER/DEVLOPER, ROYLANCE AND ASSOCIATES, PA- PROJECT ENGINEER/PLANNER", Aspen Grove Development, LLC, 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 ofthe fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Intrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L-O, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 G] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned 1-0. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-01O) Page 2 ofl7 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. The following are Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application: Chapter VI, Goal II, Objective A, Action item 12 Chapter V, Goal III, Objective D, Action item 5 Chapter IV, Goal I, Objective A, Action item 6 Chapter VI, Goal II, Objective A, Action item 3 3. 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. The site is currently serviced by city water and sewer. On April 9, 2004, a joint agencyldepartment comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside oftheir five-minute response zone. The Fire Department does not know when a new station will be constructed in this area, south of the treeway. The conditions and requirements trom the entities are listed in paragraph number 2 of the Order herein below. 4. The developer is installing sewer, water, and utilities for the development at their cost, and it is found that the subdivision will not conflict with the capital improvement program. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-O4-010) Page 3 of 17 5. The project lies outside the five-minute response zone goal of the Meridian fire Department. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles trom a given location and sufficient operational funds to staff the facilities. It is found that the development itself will not require major expenditures for providing supporting services. However, compounded with the other projects on the south side of the treeway that have recently been approved by the City, basic life support service in this area is not optimal at this time. 6. Other than the Fire Department's concerns with serviceability, staff is not aware of any health, safety or environmental problems associated with this subdivision. There have not been identified any environmental problems that may be associated with the development of this site. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 8. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "VALENCIA PLAZA SUBDIVISION, A RESUBDIVISION OF LOT I, BLOCK I, RESOLUTION SUBDIVISION NO.1 SITUATED IN THE NORTHWEST Yo OF SECTION 20, T3N, RlE, B.M., CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-01 0) Page 4 ofl7 MERIDIAN, ADA COUNTY, IDAHO 2004, VALENCIA PLAZA SUBDIVISION PRELIMINARY PLAT, DESIGN BY STAFF, DATE: 03-02-04, DRAWN BY STAFF, JOB NUMBER 0304-2468, P-I.O, HANDWRITTEN DATE: 3-16-04, ASPEN GROVE DEVELOPMENT, LLC - OWNER/DEVLOPER, ROYLANCE AND ASSOCIATES, P.A. - PROJECT ENGINEERIPLANNER". 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 having submitted the Preliminary Plat "VALENCIA PLAZA SUBDIVISION, A RESUBDIVISION OF LOT 1, BLOCK I, RESOLUTION SUBDIVISION NO.1 SITUATED IN THE NORTHWEST Y, OF SECTION 20, T3N, RlE, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, VALENCIA PLAZA SUBDIVISION PRELIMINARY PLAT, DESIGN BY STAFF, DATE: 03-02-04, DRAWN BY STAFF, JOB NUMBER 0304-2468, P-I.O, HANDWRITTEN DATE: 3-16-04, ASPEN GROVE DEVELOPMENT, LLC - OWNER/DEVLOPER, ROYLANCE AND ASSOCIATES, PA - PROJECT ENGINEER/PLANNER", Aspen Grove Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Comments and Recommendations ofthe Meridian Planning & Zoning and Engineering Departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-010) Page 5 ofl7 SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) I. Applicant shall meet all of the requirements of the previously approved applications (CUP-00-017 & Resolution Subdivision No.1) as a condition ofthe subject Preliminary Plat. ~. No euildiag er ether strueture sHall Be BfBetBd, moved, aèàeè to or mrueturally altered, Her shall any Btiildiag strueture or lanè Be eatal3li¡¡ ¡ed er eHange iH ],ISB OH this site wi!fteHt mat Ðàtææag a CeflàitieHai Use PeFffiit (CUP) frem the City of Meridiafl. Plaee a Flete eH the plat statiag that prier to eoHstruetieH all B1HldiHgs -.'itIHH this àe'IBlopffiBftt [BElaire sepaFate CUP IIfIfIreval. (Deleted per action of the City Council taken at their June 15, 2004 meeting.) 3. Provide a note on the plat granting cross-access to the lot to the west (Lot 3, Block I, Resolution Subdivision No.1), to utilize the drive aisle within this development for access to Gala Street, as proposed. There shall be a minimum of 5-feet between the northern edge of the drive aisle and the south property line of Lot I, Block I, Gaudry Seegmiller Subdivision. Provide a note on the plat granting cross-access to all of the proposed lots within the subject subdivision to utilize the drive aisles and parking areas. 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 CCR's. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. 4. All drive aisles shall be constructed in accordance with Meridian City Code. All parking areas shall be constructed in accordance with Meridian City Code 11-13- 1. Any fire lane greater than ISO-feet in length that is not provided with an outlet shall be required to have a Fire Department approved turnaround. Provide a minimum of 20-feet of pavement on either side of any landscape islandslmedians within drive aisles that serve as fire lanes. 5. The submitted landscape plan, prepared by The Land Group, Inc., and dated 3- 12-04 is approved as submitted, with the following changes: . In accordance with the recorded Resolution Subdivision No. I, provide a 12- foot wide landscape buffer along Gala Street. Delineate said landscape buffer on the future final plat(s). The landscape buffer shall not preclude the construction of hard-surface driveways. Landscaping shall be in accordance with MCC 12-13-10. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-0 1 0) Page 6 ofl7 . Two trees approved for planting within street buffers shall be installed along Gala Street where the conifers are shown (northwest corner of the plan). . Because of the existing irrigation easement, plant low-lying shrubs, not trees, within the proposed landscape buffer along the east property line. . Any tree over 4" in caliper that is removed trom 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 (MCC 12- 13-13-3). A revised landscape plan, shall be submitted for review and approval with the submittal afthe Final Plat application(s). The plan must include sizes and species of trees, shrubs, berminglswale details, and all proposed ground cover/treatment. 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 irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing an necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Contact Bill Gregory at Sanitary Service Company SSC (888-3999) for detailed review of your proposed dumpster locations and design. Submit stamped FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-01 0) Page 7 of 17 (approved) plans with your Certificate of Zoning Compliance (CZC) application. 10. Sanitary sewer and water service to this site shall be via main line extensions ITom existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Mains shall follow driveways and not fall under landscape islands. Cover over the sanitary sewer shall be no less that three-feet ITom finish grade to the top of pipe. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. II. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Valencia Plaza Business Owners Association. 12. 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 ITom 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 ITom 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 II-14-4.C. 4. Please submit groundwaterlsoils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-0 I 0) Page 8 ofl7 (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 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 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. 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. 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. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. The applicant shall be required to construct a temporary turnaround at the terminus of Gala Street.!!! provide the District with an easement over the parking lot for emergency services and the general public if not previously provided by Resolution Subdivision. Should the applicant chose to construct a temporary turnaround at the terminus of Gala Street the applicant shall be required to construct an ACHD approved turnaround at the end of Gala Street. Submit a design ofthe turnaround forreview and approval by District staff FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-0 1 0) Page 9 ofl7 2. Utilize the existing driveway that is in alignment with Celebration Avenue as proposed. This location meets District policy and shall be approved with this application. Commercial driveways will be constructed as curb-cut type facilities if located on local streets. Therefore the applicant may construct a curb-cut in lieu of a curb return with IS-foot radii. Pave the driveway its full width (a maximum of3S-feet) and at least 30-feetinto the site beyond the edge of pavement Gala Street. 3. Construct an additional driveway on Gala Street located 25-feet west of the east property line. This location meets District policy and shall be approved with this application. Commercial driveways will be constructed as curb-cut type facilities if located on local streets. Therefore the applicant may construct a curb-cut in lieu of a curb return with IS-foot radii. Pave the driveway its full width (a maximum of3S-feet) and at least 30-feet into the site beyond the edge of pavement Gala Street. 4. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-Ol 0) Page 10 ofl7 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 ofIdaho 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 ITom 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. C. Adopt the Meridian Fire Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-010) Page 11 of17 1. A fire hydrant will be required to serve this development. Final Approval ofthe fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" 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 of28' inside and 48' outside. 3. Any roadway greater than ISO-feet in length that is not provided with an outlet shall be required to have a Fire Department approved turnaround. Provide a 20' wide Fire Lane for all internal drive aisles. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. 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 of300' apart. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed office will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group, our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a. request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles ITom a given location and sufficient operational funds to staff the facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-Ol 0) Page 12 of 17 9. The first digit of the office suites shall correspond to the floor level. 10. All processes & storage practices shall be required to comply with the International Fire Code. D. Adopt the Recommendations of the Sanitary Services Company (SSe) as follows: I. Overhead Clearance: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 13 ft. clearance for service vehicle height, including power and telecommunication lines. This requirement increases to 22 ft. clearance at container service locations. 2. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard. Containers. Allow a minimum of 60 ft. ITontal clearance for such containers. 3. Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 4. Enclosure Numbers and or capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (888- 3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 5. Turning Radius: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 50 ft. turning radius. 6. Waste enclosure Pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 7. Waste enclosure aprons: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has an 8 ft. concrete apron in ITont of all waste enclosures greater than 6 and 8 cubic yards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-0 1 0) Page 13 of17 8. Waste enclosure gate locks: Prior to issuanceofa certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 9. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 10 ft. clearance inside of the enclosure gates with the gates in the open position. 10. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container ITom damaging enclosure walls and gates. 11. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the ITont gates. This will insure less mess in the enclosure as well as reduce gate damage. 12. Please contact Bill Gregorv at SSC (888-3999) for detailed review ofvourproposal and submit stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application. E. Adopt the Recommendations ofthe Meridian Police Department as follows: I. To increase emergency access to the site, the applicant shall provide cross access to the property to the west. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The Parks Department has no concerns with the site design as submitted with the application. G. 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 trom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-01 0) Page 14 ofl7 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site there will be no impact on the District, however, if any surface drainage leaves the site, the District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. H. Adopt the action of the City Council taken at their June 15,2004 meeting as follows: For clarification: I. The applicant shall shift the drive aisle five feet (5') south between East Gala Street and Lot 3, Block 1, Resolution Subdivision so that it matches up with this adjacent lot on the west so that cross-access can be achieved. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-Ol 0) Page 15 ofl7 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 action of the City Council at its regular meeting held on the £;-fL day of ~T.~ ,2004. - ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED-þ VOTED /JI/;~ VOTED~ VOTED - COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) G"'...':'..".""'."", ~~:~ Mayor e ""eerd Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-O1 0) Page 16 ofl7 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By:.~a Å60fY\. City Clerk's Office Dated: ì - 8' - Of Z:\WOIkIMIMeridianIMeridian 15360M\Valencia Plaza Sub PP-o4-01O\FtCIsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT VALENCIA PLAZA SUBDIVISION 1 (pP-04-010) Page 17 of17