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HomeMy WebLinkAboutCentral Valley Corporate Park No. 7 PP-04-032 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval for Eight (8) Commercial Building Lots and One (1) Common Lot on 3.86 Acres in a CoG Zone for Central Valley Corporate Park No. ---__~~~_division, by Steve Wensel Case No. PP:04-032 For the City Council Hearing Date of: November 9, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the November 9, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O4-032 - PAGE I 014 verified that the property owner(s) of record at the time of issuance of these findings is Rafanelli and Nahas, G.P. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the Preliminary Plat application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat stamp dated November 3,2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. 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 that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamp dated November 3,2004 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O4-O32 -PAGE 2 014 D. Notice of Applicable Time Limits I. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Exhibit B: Legal Description Approved Preliminary Plat (with conditions) Exhibit C: Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Preliminary Plat Findings By action of the City Council at its regular meeting held on the ¡t/Of/{.jy¡,fJ,vv ,2004. 2 $ 1"$ day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O4-O32 - PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE VOTED~~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTEDþ VOTED ~A..- COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - Attest: and City Attorney. By: -1uD.Jn31J.. Q 0/'1/\ City Clerk's Office Dated: 1l-?D-O4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O4-O32 - PAGE 4 of 4 EXHIBIT A Legal Description Central Valley Corporate Park #7 (PP-04-032) See attached (2 pages) I ¡ if . IDAHO Iff SURVEY J\I GROUP """k "',,"pi,'" .- S"I,,'S;. fJemll"""""'I""P""'!! 'e"",," ",II". 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'"," !_J :ß~ 12- -rYfp i ) """."('i~@i~/ ]), Terry Peugh EXHIBIT B Approved Preliminary Plat Central Valley Corporate Park #7 (PP-04-032) ¡ '! II 1 I I: ¡- ,,', ,t1""nlllIlll ¡plllh ¡ ìi !!, .--t- ~ ::¡I'II'I,d¡II'Bill.lllIIllÞlilll'!i I 1.,'1: III ' ï" 11111111111111111111 G I I II Ii i: .'IIIIIII':llilœf",".'"'"II¡;s!@!!¡jl,1 I .l1i! i I,ll . 0 " / II, II" ",,!! lilji' II~i!1 I'..~¡: ~~¡¡ u~i, ij¡¡ii III\~II IIIII~ .IIIi:1 EXHIBIT C Preliminary Plat Conditions of Approval Central Valley Corporate Park #7 Subdivision (File PP-04-032) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. 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. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Please submit any 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 IOO-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 of3-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 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. Exhibit C - Central Valley Corporate Park No.7 - PP-O4-032 Page 1 of5 9. 13. 14. 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). Developer shall coordinate mailbox locations with the Meridian Post Office. 10. 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. 11. 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. 12. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. The applicant has indicated that the pressurized irrigation system within this development will be owned and maintained by the Central Valley Corporate Park Owners Association. Underground year-round pressurized irrigation must be provided to all landscaped areas within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Exhibit C - Central Valley Corporate Park No.7 - PP-O4,O32 Page 2 of 5 15, A cross access easement must be established to allow shared parking. (It should also be noted that an additional parking island will be required in the parking area located in the northem portion of the subject property.) 16. Five (5) feet of perimeter landscaping is required at the edge of all parking and drive areas. The applicant must subInit details regarding the amenities planned in the proposed relocated park and work with Meridian's Parks Department on mitigation and relocation of existing trees. (Note: The applicant did submit a letter, dated 11-4-04, to the City Council outlining discussions with the Parks Department.) 17. Trash Container: The proposed trash container is located within a Nampa Meridian Irrigation District easement. The applicant needs a license agreement from the Nampa Meridian Irrigation District to locate the trash container in this location. B. Adopt the Recommendations of ACHD as follows: 1. Industry Way is a local commercial roadway and driveways are required to be located a minimum of 50-feet from an intersection. No additional improvements are required on Industry Way. 2, The applicant is required to comply with all conditions of the original plat for Central Valley Corporate Park and will be required to pay all applicable platting and review fees. c. Adopt the Meridian Fire Department Recommendations as follows: 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 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 shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Operational fire hydrants and temporary or permanent street signs are before combustible construction begins. required Exhibit C - Central Valley Corporate Park No.7 - PP-O4-032 Page30f5 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. The 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. 7. Maintain a separation of5' from the building to the dumpster enclosure. 8. Provide a Knoxbox entry system for the complex. 9, The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite location. D. Adopt the Recommendations of the Sanitary Service Company as follows: 1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. E. Adopt the Recommendations of the Parks & Recreation Department as follows: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 3. Ifpossible, relocate the existing trees in the northeast corner ofthe subdivision. F. 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. Exhibit C - Central Valley Corporate Park No.7 - PP-O4-032 Page 4 of 5 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-offis 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. G. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: I. A Land Use Change Application must be filed prior to final platting showing impact on the District's Eight Mile Lateral. Please contact Donna Moore at 466- 7861 for further information, 2. All laterals and waste ways must be protected. 3. The District's Eight Mile Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan before any construction is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, NMID must review drainage plans. 5. The developer must comply with Idaho Code 31-3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit C - Central Valley Corporate Park No.7 - PP-O4-032 Page 5 of5 EXHIBIT D Preliminary Plat Findings Central Valley Corporate Park No.7 (File PP-04-032) The City Council hereby approves the following analysis of required findings by staff: 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 City's adopted Comprehensive Plan. The Future Land Use Map depicts the property as "Commercial" which allows for the proposed subdivision. b. The availability of public services to accommodate the proposed development; Staff finds that public services, including water, police, and fire, are available to accommodate the proposed development. 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, Since the proposed subdivision is a re-subdivision of previously platted lots, services, as mentioned above, are already available to the site, d. The public fmancial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditure of public funds for providing supporting services, Since the proposed subdivision is a re- subdivision of a previously platted lot, services, as mentioned above, are already available to this site. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds 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.