Loading...
HomeMy WebLinkAboutReagan Subdivision PPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/13/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR REAGAN SUBDIVISION FOR EIGHT (8) COMMERCIAL BUILDING LOTS ON 6.9 ACRES IN AN I-L ZONE, LOCATED APPROXIMATELY''/z MILE SOUTH OF THE INTERSECTION OF FAIRVIEW AVENUE AND EAGEL ROAD, MERIDIAN, H)AHO Case No. PP-04-14 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: QUADRANT CONSULTING, INC., APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on July 13, 2004, and Anna Borchers Canning Planning Director for the Planning and Zoning Department, and Andy Simons, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark 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 "ABCZLLC PRELIMINARY PLAT, A PARCEL OF LAND LOCATED IN THE SW '/ OF THE NW '/ OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MERIDIAN IDAHO, PROJECT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 1 of 11 NO. 258-02, DRAWING FILE NAME:, DESIGNED BY: CEC, CHECKED BY:, DRAWN BY: CEC, PLOT DATE: 4/2/04, SHEET C-1, ABCZ, LLC -DEVELOPER, QUADRANT CONSULTING, INC. - ENGINEER/SURVEYOR", Quadrant Consulting, Inc., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned I-L, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 N] 2. It is found that the subdivision is in conformance with the City's adopted Comprehensive Plan. The Future Land Use Map depicts the property as "Commercial" which allows for the proposed subdivision. 3. It is found that public services, including water, police, and fire, are available to accommodate the proposed development. 4. It is found that the subdivision will not require the expenditure of capital improvement funds. Since the proposed subdivision is a resubdivision of previously platted lots, services, as mentioned above, are already available to the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 2 of 11 5. It is found that the development will not require major expenditure of public funds for providing supporting services. Since the proposed subdivision is a resubdivision of a previously platted lot, services, as mentioned above, are already available to this site. 6. It is found that there should not be any other health, safety or environmental problems associated with this subdivision to be brought to the Council or Commission's attention that have not been addressed previously. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "ABCZLLC PRELIMINARY PLAT, A PARCEL OF LAND LOCATED IN THE SW '/ OF THE NW '/< OF SECTION 9; TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MERIDIAN IDAHO, PROJECT N0.258-02, DRAWING FILE NAME:, DESIGNED BY: CEC, CHECKED BY:, DRAWN BY: CEC, PLOT DATE: 4/2/04, SHEET C-1, ABCZ, LLC - DEVELOPER, QUADRANT CONSULTING, INC. - ENGINEER/SURVEYOR". 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 The Preliminary Plat of the applicant as evidenced by having submitted the Preliminary Plat "ABCZLLC PRELIlVIINARY PLAT, A PARCEL OF LAND LOCATED IN THE SW % OF THE NW '/ OF SECTION 9, TOWNSHII' 3 NORTH, RANGE 1 EAST, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 3 of 11 BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MERIDIAN IDAHO, PROJECT N0.258-02, DRAWING FILE NAME:, DESIGNED BY: CEC, CHECKED BY:, DRAWN BY: CEC, PLOT DATE: 4/2/04, SHEET C-1, ABCZ, LLC -DEVELOPER, QUADRANT CONSULTING, INC. - ENGINEER/SURVEYOR", Quadrant Consulting, Inc., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: Sanitary sewer and domestic water service to this site shall be via main line extension from the existing mains adjacent to the property. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100- year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. 3. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 4 of 11 regarding Shallow Injection Wells. 4. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department and the City of Meridian Fire Department. 6. Prior to signature ofthe final plat(s) by the City Engineer, a letter ofcredit 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. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat(s) application. 8. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 9. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. 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 may be used for non-domestic purposes such as landscape irrigation. 12. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 5 of 11 13. Staffls failure to cite specific ordinance provisions or terms ofthe approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 14. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 2. Pave each driveway on Presidential Drive and Pine Avenue their full width and at least 30 feet into the site. 3. Install a six inch raised concrete median on Pine Avenue, on the south side of the center turn lane, from the stop bar at Eagle Road to a point 50-feet east of the first driveway on Pine Avenue. The first driveway is located approximately 175-feet east of Eagle Road. 4. Other than the access points that have been approved with this application, direct lot access to Presidential Drive and Pine Avenue is prohibited. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 6 of 11 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 ACRD 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 ACRD 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. C. Adopt the Meridian Fire Department Recommendations as follows: Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 7 of 11 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. £ 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 turnaround. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. C+perational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 6. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 7. The Eight (8) office/commercial lots lot 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. All portions ofthe buildings located on this project must be within 150' ofapaved surface. 9. Provide exterior egress lighting as required by the International Building & Fire Codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 8 of 11 D. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantlyimpact your site design and mayrequire a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your Certificate ofZoning Compliance (CZC) application. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 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. F. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 9 of 11 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 wmply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 fmal decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2?~~ day of , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED/~ COUNCILMAN BILL NARY VOTED °7/~f~Piv7~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 10 of 11 COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) William G. Berg, 7r., City VOTED VOTED VOTED By: ~`"'ll1~. ~/~ d~ Dated: Jf -2-Q9- City Clerk's Office Z:\Work~M~MeridianlMeridian I6360M~Brockton Subdivision AZ-04-O10 PP-04-013 CUP-04-012~FtClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT REAGAN SUBDIVISION / (PP-04-014) Page 11 of 11 Copy served upon Applicant, The Planning and Zoning Deparhnent, Public Works Deparhnent and City Attorney.