HomeMy WebLinkAboutReagan Subdivision PP-04-014
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 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
APPROXIMA TEL Y Y, MILE
SOUTH OF THE INTERSECTION
OF FAIRVIEW A VENUE AND
EAGEL ROAD, MERIDIAN, IDAHO
Case No. PP-O4-14
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 ofthe 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 SUBDMSION ! (pP-O4-014)
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-l, 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 Councilor
Commission's attention that have not been addressed previously.
7.
The applicant has submitted for consideration ofthis 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 NO. 258-02, DRAWING FILE NAME:, DESIGNED BY:
CEC, CHECKED BY:, DRAWN BY: CEC, PLOT DATE: 4/2/04, SHEET C-l, 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
1.
The Preliminary Plat of the applicant as evidenced by having submitted 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REAGAN SUBDIVISION I (pP-04-014)
Page 3 ofll
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MERIDIAN IDAHO,
PROJECT NO. 258-02, DRAWING FILE NAME:, DESIGNED BY: CEC, CHECKED BY:,
DRAWN BY: CEC, PLOT DATE: 4/2/04, SHEET C-l, ABCZ, LLC - DEVELOPER,
QUADRANT CONSULTING, INC. - ENGINEER/SURVEYOR", Quadrant Consulting, Inc.,
Developer is hereby conditionally approved; and
2.
A.
The conditions of approval are as follows to-wit:
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
1.
Sanitary sewer and domestic water service to this site shall be via main line
extension &om 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 groundwaterlsoils 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 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 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 I (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 of the final plates) 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.
7.
A detailed landscape plan, in compliance with the Landscape Ordinance,
shall be submitted for the subdivision with the final plates) application.
8.
All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior
to signature of the final plates), 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 I (pP-04-014)
PageS of 11
13.
Staff s 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 ofITD 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 ofa 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 A venue 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REAGAN SUBDIVISION I (pP-04-014)
Page 6 of 11
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 &om 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.
c.
Adopt the Meridian Fire Department Recommendations as follows:
1. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REAGAN SUBDMSION I (pP-04-014)
Page 7 of 11
a. Fire Hydrants shall have the 4 W' 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 shaU be placed on corners.
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
turnaround.
3. Provide a 20' wide Fire Lane for aU internal & external roadways.
4. Operational 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 a fire-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) officelcommercial lots lot wiU 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 of the buildings located on this project must be within 150' ofa paved
surface.
9. Provide exterior egress lighting as required by the Intemational Building & Fire
Codes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDmONAL APPROVAL OF PRELIMINARY PLAT
REAGAN SUBDIVISION / (pP-04-014)
Page 8 of1!
D.
Adopt the Recommendations of the Sanitary Services Company (SSe) as
follows:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concem that the required
modifications may significantly impact your site design and may require 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 of Zoning
Compliance (CZe) 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 ofNampa Meridian Irrigation District as follows:
I. 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 CONDmONAL APPROVAL OF PRELIMINARY PLAT
REAGAN SUBDMSION I (pP-O4-014)
Page 9 ofll
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.
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 ton 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 21-16-
day of ~~ ' 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED 4Þ~
COUNCILMAN BILL NARY
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REAGAN SUBDIVISION I (pP-04-014)
Page 10 ofll
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED
By: j!ÞJL.Å^ UA..,
City Clerk's Office
Dated:
'X-2-04
Z:\Work\M\MeridianlMeridian 15360MBrockton Subdivision AZ-04<JlO PP-O4-013 CUP.O4-012\FR:IsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
REAGAN SUBDIVISION / (pP-04-014)
Page 11 of 11