HomeMy WebLinkAboutCopperpoint Subdivision PFP-04-005
THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARY/FINAL PLAT FOR)
RE-SUBDIVISION OF LOT 10 AND )
PORTIONS OF LOTS 9 AND 11 INTO 3 )
BUILDING LOTS ON 3.46 ACRES IN A CoG )
ZONE FOR COPPERPPOINT SUBDIVISION, )
LOCATED ON THE SOUTH SIDE OF )
COPPER POINT DR. IN SILVERSTONE )
SUBDIVISION PHASE 2, IN SECTION 21, )
TOWNSHIP 3 NORTH, RANGE 1 WEST, )
MERIDIAN, IDAHO )
)
)
)
)
)
LARSON ARCHITECTS,
APPLICANT.
CIC 06/15/04
CASE NO. PFP-04-005
FINDINGS OF FACT
AND
CONCLUSIONS OF LAW
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIMINARYIFINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on May 4, 2004, and Anna Powell Planning Director, and Cornell Larson, appeared and testified
at the hearing, and the City Council having received a report from Steve Siddoway 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
ofthe Planning and Zoning Commission and the applicant having submitted the Plat Drawing
described as follows, "PLAT OF COPPERPOINT SUBDIVISION, ALL OF LOT 10 & A
PORTION OF LOTS 9 & 11, SILVERSTONE SUBD. PHASE 2, LYING IN THE W Y> OF
SECTION 21, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PROJECT NO.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT -
COPPERPOINT SUBDMSION - (PFP-O4-005)
PAGE 1 OF9
2657, SHEET I OF 2, 2657-pltdwg 01-06-04, HANDWRITTEN DATE: 1119103, TEALEY'S
LAND SURVEYING", Larson Architects submitted for preliminarylfinal plat approval, and
which preliminarylfinal plat application is herein received and adjudged by the City Council,
pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following
findings:
FINDINGS OF FACT
1.
That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, In&astructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned CoG (General Retail And Service Commercial District), and requires
connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 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. It is found that the
subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map
designates the property as Mixed Use-Regional. Existing zoning on the property is General
Commercial (C-G). The subject plat is intended for commercial development in compliance with
the approved CUP and the Comprehensive Plan.
3.
It is found that public services are available to accommodate the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
COPPERPOINT SUBDIVISION - (PFP-O4-005)
PAGE 2 OF 9
development. All adjacent public roadways have been completed and accepted by ACHD.
Water and sewer services were installed as part of the original subdivision improvements and
will have to be extended by the applicant to serve the new lots.
4.
It is found that the subdivision will not require the expenditure of capital
improvement funds. All required utilities are either in place or will be the responsibility of the
developer.
5.
It is found that the development will not require major expenditures for providing
supporting services. The developer will finance the extension of sewer, water, utilities and
pressurized irrigation to serve the project. The primary public costs to serve the future residents
will be fire and police services.
6.
Staff is not aware of any health, safety or environmental problems associated with
this subdivision.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The PreliminarylFinai Plat of the applicant as evidenced by "PLA T OF
COPPERPOINT SUBDIVISION, ALL OF LOT 10 & A PORTION OF LOTS 9 & 11,
SILVERSTONE SUBD. PHASE 2, LYING IN THE W Y> OF SECTION 21, T.3N., R.lE., B.M.,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL AFPROV AL OF
PRELIMINARYIFINAL PLAT-
COPPERPOINT SUBDIVISION - (pFP-O4-005)
PAGE 3 OF 9
MERIDIAN, ADA COUNTY, IDAHO 2004, PROJECT NO. 2657, SHEET 1 OF 2, 2657-
plt.dwg 01-06-04, HANDWRITTEN DATE: 1/19/03, TEALEY'S LAND SURVEYING", has
been submitted for preliminary/final plat.
2.
The conditions of Staff pertaining to the Preliminary/Final Plat comments are as
Set forth in the Memorandum to the Mayor and City Council from Steve Siddoway for Planning
and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Transmittal
Date: April 30, 2004 P & Z Hearing Date: May 6, 2004, listing 9 Site Specific Comments -
PreliminarylFinai Plat, along with the 12 Fire Department, I Police Department, and 1 Sanitary
Services comments, a true and correct copy of which is attached hereto and marked Exhibit "A",
and consisting of five pages, and by this reference incorporated herein, and with the additional
requirements from the City Council from their meeting of June 15, 2004, and the requirements
are as follows, to-wit:
2.1
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1.
Utilize the existing 30-foot wide shared curb return type driveway
that intersects Copperpoint Drive at the west property line
2.
Utilize the existing 30-foot wide shared curb return type driveway
that intersects Copperpoint Drive approximately lOS-feet west of
the east property line.
3.
Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
COPPERPOINT SUBDIVISION - (pFP-O4-005)
PAGE40F9
8.
9.
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 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 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 ofthe Ada County
Highway District prior to District approval for occupancy.
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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
COPPERPOINT SUBDIVISION - (PFP-O4-005)
PAGE 5 OF 9
2.2.
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
waiverlvariance of said requirements or other legal relief is granted
pursuant to the law in effect at the time the change in use is sought.
Adopt the Recommendations of the Central District Health Department as
follows:
1.
2.
3.
4.
This proposal can be approved for central sewage & central water
after written approval from appropriate entities is submitted.
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.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINALPLAT -
COPPERPOINT SUBDIVISION - (PFP-O4-005)
PAGE 6 OF 9
2.3
3.
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.
Adopt the Recommendations ofNampa Meridian Irrigation District as
follows:
1.
Applicant shall apply for a land use change application prior to
final platting in order to address any encroachments and how this
proposed project will impact the District's Ridenbaugh Canal.
2.
All laterals and waste ways must be protected.
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.
5.
NMID recommends that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
a.
The Plat dimensions are approved by the City Engineer;
b.
The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
COPPERPOINT SUBDIVISION - (PFP-O4-005)
PAGE 7 OF 9
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 6-f!:: day of
J~ ,2004. ~-
B~
Tammy de Vi íI . -~--
Mayor, City of Meridian
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
COPPERPOINT SUBDMSION - (PFP-O4-005)
PAGE 8 OF 9
By: jOWl__:AJillJvL
City Clerk's Office
Dated:
1. \2-04-
Z:\WorklMlMeridianlMeridian 15360MlCopperpoint Subdivision PFP-O4-005\PFP FfCls.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
COPPERPOINT SUBDIVISION - (PFP-O4-005)
PAGE90F9
j
CITY COUNCIL MEMBERS
Keith Bini
William LM. Nary
Shaun Wardle
Charles M. Rountree
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MAYOR
Tammy de Ween!
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STAFF REPORT:
Transmittal Date: April 30, 2004
P&Z Hearing Date: May 6, 2004
To:
Mayor, City Council and Planning & Zoning Commission
Steve Siddoway, Principal City Planner ~
Bruce Freckleton, Senior Engineering Tech ~
Copperpoint Subdivision
From:
Re:
. Preliminary/Final Plat Approval of a Three (3) Lot Subdivision on 3.46 Acres
in a CoG Zone, by Larson Architects (File No. PFP-O4-005).
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The Applicant, Larson Architects, has applied for Preliminary/Final Plat approval of a three
(3) lot commercial (C-G) subdivision on 3.46 acres of land located in Silverstone, on the south
side ofE. Copper Point Drive.
The property was originally platted as part of Silverstone Phase 2. The plat was recorded on
October 22, 2002. Just under a year later, on June 5, 2003, a Record of Survey (instrument
number 103092778) was recorded as a lot line adjustment to shift the lot lines between Lots 9
& 10 and between Lots 10 & 11. The lot line adjustment created a "Parcel BOO that was
originally portions of lots 9, 10, and 11. The area now known as "Parcel B" is the subject
property of this application.
The proposed preliminary/fmal plat would subdivide Parcel B into three lots (a net gain of two
lots for the subdivision overall). One Certificate of Zoning Compliance (CZC) has been issued
on the subject property for MS Administrative Services. The MS Administrative Services
project would fall on Lot 3 of the proposed subdivision and is depicted on the landscape plan
as "Proposed Building Phase 1 2-Story". No changes are proposed to the CC&R's from what
Exhibit A 1 of 5
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: May 6, 2004
Page 2
was previously approved for Silverstone.
conditions noted in this report.
Staff recommends approval of the plat with the
LOCATION
The property is located on the south side of Copper Point Dr. in Silverstone Subdivision Phase 2.
SURROUNDING PROPERTIES
North: Approved T -Mobile project, zoned CoG.
South: Ridenbaugh Canal and Sutherland Farms Subdivision, zoned R-4.
East: Approved Limelight Dance Studio, zoned CoG.
West: 25K Building, zoned CoG.
PRELIMINARY PLAT FINDINGS AND REOUIREMENTS
Sections 12-3-3 J.2 and 12-3-5 D 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;
Staff finds the subdivision to be in conformance with the Comprehensive Plan. The
Future Land Use map designates the property as Mixed Use-Regional. Existing zoning
on the property is General Commercial (C-G). The subject plat is intended for
commercial development in compliance with the approved CUP and the Comprehensive
Plan.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are available to accommodate the proposed development.
All adjacent public roadways have been completed and accepted by ACHD. Water and
sewer services were installed as part of the original subdivision improvements and will
have to be extended by the applicant to serve the new lots.
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
funds. All required utilities are either in place or will be the responsibility of the
developer.
d. The public t'"mancial capability of supporting services for the proposed
development;
Exhibit A 2 of 5
Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: May 6, 2004
Page 3
Staff finds. that the development will not require major eJ!:penditures for providing
supporting services. The developer will finance the extension of sewer, water, utilities
and pressurized irrigation to serve the project. The primary public costs to serve the
future residents will be fire and police services.
e. The other health, safety or environmental problems that may be bronght to the
Commission's attention.
Staff finds that there should not be any other health, safety or environmental problems
associated with this subdivision that may be brought to the Councilor Commission's
attention.
SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT
1.
This application is subject to the conditions of approval for the original plat (FP-02-007),
the Conditional Use Permit (CUP-Ol-002), and the Development Agreement for
Silverstone Subdivision, except as may be modified by this report.
2.
Street buffer landscaping along Copper Point Drive has already been installed as part of
the subdivision improvements. No additional landscaping will be required as part ofthis
plat. All intemallandscaping will be handled through the CZC process.
3.
Revise Note 4 to be a "... public utilities, property drainage, landscape, irrigation, and
street light easement. ..."
4.
Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 2
of the final plat).
5.
A drainage plan designed by a State of Idaho 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 all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
6.
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. If lateral users association approval can not
be obtained, plans will be reviewed and approved by the City Engineer prior to final plat
signature.
ExhibitA3 of5
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: May 6, 2004
Page 4
7.
Sanitary sewer and water service to this development shall be via new mainline
extensions from the existing City of Meridian mains adjacent to the project.
8.
Please revise final plat note #3 as follows:
.. . Section 31-3805 ofIdaho Code, concerninz irrization rizhts.
9.
Pressurized irrigation within this development will be from the existing system that was
installed as part of Silverstone Subdivision.
FIRE DEPARTMENT
1. Final Approval of the f¡re hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with f¡re hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have an approved turn aroW1d.
3. All entrance and internal roads shall have a turning radius of 28' inside and
48' outside radius.
4. Provide a 20' wide Fire Lane for all internal & external roadways.
5. Operational f¡re hydrants and temporary or pennanent street signs are required before combustible
construction begins.
6. Commercial and office occupancies will require a f¡re-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart.
7. The off¡ce/commercial10ts 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 &om a given location and suff¡cient operational
funds to staff the facilities.
9. Provide a Knoxbox entry system for the complex.
Exhibit A 4 of5
Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: May 6, 2004
Page 5
10. All processes & storage practices shall berequired to comply with the International Fire Code.
11. No Parking signs and painted curbs will be required for all Fire Lanes.
12. Provide exterior egress lighting as required by the International Building & Fire Codes.
POLICE DEPARTMENT
1. The applicant shall submit all future site plans withio the subdivision to the Police Chief for
review prior to submittal for a Certificate of Zoning Compliance (CZC).
SANITARY SERVICES
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
RECOMMENDATION
Staff recommends approval of the proposed preliminarylfinal plat, with the aforementioned
fmdings and conditions.
Exhibit A 5 of 5