HomeMy WebLinkAboutBoise Valley Commons Subdivision PP-04-042
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for preliminary plat approval of. eighteen (18) commercial
building lots on 33.1 acres in a CoG zone, for Boise Valley Commons Subdivision (aka -
Destination Place and Majestic Marketplace), by Boise Valley Commons, LLC & LandStar
NW, LLC.
Case No(s): PP-04-042
For the City Council Hearing Date of: February 1,2005
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 February 1,2005, public
hearing(s). 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
ofthe 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 matter to the City Council.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
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.
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O4-042 - PAGE I of 4
3. Application and Property Facts
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
verified that the property owner(s) of record at the time of issuance of these
findings are Boise Valley Commons, LLC and LandStar NW, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit D for the findings required for this 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, wmch 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 ifthe 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
in Exmbit B, and the Preliminary Plat Conditions 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:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O4-042 -PAGE 2 of4
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamped November 10,2004 is hereby conditionally approved; and
2. The conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits (as applicable)
1. 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 wmch 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Legal Description
Approved Preliminary Plat (with conditions)
Exhibit B:
Exhibit C:
Preliminary Plat Conditions
Preliminary Plat Findings
Exhibit D:
By action of the City Council at its regular meeting held on the
~~H. tHr ,2005.
/5'./!;;
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED Þ
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O4-042 - PAGE 3 of4
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED-þ
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
BY:~ r<l ~~ J
lty Clerk's Office
Dated: 2-lld),)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-04-042 - PAGE 4 of4
EXHIBIT A
Boise Valley Commons Subdivision (aka - Destination Place)
PP-O4-042
Legal Description
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EXHIBIT B
Boise Valley Commons Subdivision (aka - Destination Place)
PP-O4-042
Approved Preliminary Plat
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4.
EXHIBIT C
Boise Valley Commons Subdivision (aka - Destination Place)
PP-O4-042
Preliminary Plat Conditions
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.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1.
Add Site Specific Condition #12 to page 8 of the staff report that states: "For addressing
purposes of buildings on Lots 6, 7, 8, 9, 10, and 13, the applicant shall provide Fire
Department approved monument signs at both ends of the 30-foot wide access easement
loop and at each curb cut where a given lot intersects the access drive,"
B,
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by CSHQA, labeled PP-1, dated 11-10-04, is approved
with the changes listed herein, All lot, parcel and tract sizes shall meet the minimum
dimensional standards as established in the zoning ordinance. All building setbacks shall
conform to the applicable zoning regulations of the City of Meridian at the time of
issuance of a building permit.
2,
There is no frontage requirement for the lots witmn Boise Valley Commons Subdivision,
Provide a recorded copy of a cross access agreement(s) for the lots within the subdivision
to utilize the service drive aisles as access to the public street system, Maintenance of
said drive aisles shall be provided for in a note on the face of the final plat, AND/OR in a
document such as CCR's, The applicant shall provide the required document(s) prior to
the City Engineer's signature of the final plat.
3,
No building or other structure shall be erected, moved, added to or structurally altered,
nor shall any building structure or land be established or change in use on this site
without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian
Planning and Zoning Department (MCC 11-19-1),
The submitted landscape plan for the preliminary plat, prepared by CSHQA, and dated
11-10-04 is approved with the following changes/additions:
. Provide a lO-foot wide landscape buffer along both sides of Millennium Way,
Celebration Avenue and the access road, a 25-foot wide buffer along Overland
Road, and a 50-foot wide buffer along Interstate 84, as proposed, All landscaping
should be in accordance with MCC 12-13-10 (Street Buffers) and be located
beyond any street right-of-way,
9,
.
In accordance with MCC 12-13-7, revise the landscape plan to include all details
regarding tree species, size, location, and other information regarding landscape
materials within the landscape areas,
Any tree over 4" in caliper that is removed from 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,
.
The applicant shall make the proceeding changes/additions and submit revised copies of
the landscape plan with the submittal of the final plat application(s), Other than the
changes listed above, the approved landscape plan is not to be altered without prior
written approval of the Planning and Zoning Department.
5,
Submit a vacation application(s) to the Planning and Zoning Department for any sewer,
irrigation, power line, or any other public utility easements that are proposed to be
vacated with this development.
6,
In accordance with Meridian City Code, all irrigation ditches, laterals or canals that cross,
intersect or lie adjacent to the subject site shall be covered or tiled, Any ditch, canal or
lateral to be piped shall be shown on plans, which shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
7,
The applicant has indicated that the pressurized irrigation service will be owned and
operated by Boise Valley Commons, Underground vear-round pressurized irrigation must
be provided to all lots within this development. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If the
pressurized irrigation system within this development is to remain a private association
system, 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.
8,
A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-
10,F.3), All fencing shall be installed in accordance with MCC 12-4-10, If no permanent
fencing is provided, temporary construction fencing to contain debris must be installed
around the perimeter prior to issuance of a building permit.
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 regarding Shallow Injection
Wells,
10.
With the submittal of the final plat application, the applicant shall submit a copy of the
Ada County Street Name Committee's final approval letter for the street names,
subdivision name, and lot and block numbering, Make any other corrections necessary to
conform,
11.
Coordinate the extension of municipal water and sewer to this site with the Public Works
Department. Applicant will be responsible to construct the sewer and water mains to and
through this proposed development, thereby making them available to adjacent
properties. 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,
12,
For addressing purposes of buildings on Lots 6,7,8,9, 10, and 13, the applicant shall
provide Fire Department approved monument signs at both ends of the 30-foot wide
access easement loop and at each curb cut where a given lot intersects the access drive,
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3,H,
2,
3,
4,
5,
6,
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" prior to signature on the
final plat.
A detailed landscape and fencing plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with the final
plat application,
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
Two-hundred-fifty and one-hundred-watt, high-pressure sodium 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.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
C,
were removed, Required landscaping trees will not be considered as replacement trees for
those trees that have to be mitigated,
7,
Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a
soils scientist, to the Public Works Department for review, Any drainage areas
(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 1O0-year storm events. Side slopes witmn 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, 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, This is to ensure that the
bottom elevation of the crawl spaces of homes is at least I-foot above groundwater.
8,
The applicant shall coordinate mailbox locations with the Meridian Post Office,
9,
Any existing domestic wells and/or septic systems within this project will have to be
removed frorn 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,
10.
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.
11.
Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation,
12,
The applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374,
13,
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC
12-2-4,
14,
Staffs failure to cite specific ordinance provisions or terms of the approved preliminary
plat does not relieve applicant of responsibility for compliance,
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1, Construct Millenium Way to intersect the north side of Overland Road in alignment with
Millenium Way on the south side of Overland Road, as proposed.
2,
Construct Celebration A venue to intersect the north side of Overland Road in alignment
with Celebration A venue on the south side of Overland Road, as proposed,
3,
Construct the internal roadways as 40-foot street sections with vertical curb, gutter and 5-
foot concrete sidewalks within 50-feet of right-of-way, as proposed,
4,
Construct a stub street to the east property line approximately 470-feet north of Overland
Road, as proposed, Construct a temporary turnaround at the terminus of the stub street
and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
5,
Submit the Overland Road and Millenium Way intersection design plans to the District's
Traffic Services Staff for review and approval. Coordinate the exchange of the old signal
equipment with the District's Traffic Services Staff,
6,
Other than the two public streets that have specifically been approved with this
application, direct lot access to Overland Road is prohibited, A note stating the access
restrictions shall be required on the final plat.
7,
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 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 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 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.
D.
Adopt the Meridian Fire Department Recommendations as follows:
l.
Provide fire hydrant locations per previous review letter from Rich Greene, Final Approval
of the fire 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 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.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3,
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius,
4,
Provide a minimum 20' wide drive aisle for all internal & external roadways and drive
aisles designated as Fire Lanes,
5,
Insure that all yet undeveloped parcels are maintained free of combustible vegetation,
6,
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
7.
Commercial and office occupancies will require a firecflow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed an
average of300' apart,
8,
Maintain a separation of5' from the building to the dumpster enclosure(s),
9,
Provide a Knoxbox entry system for the complex,
10,
Paint curbing red and provide signage "No Parking Fire Lane",
11.
All portions of the buildings located on this project must be within 150' of a paved surface
as rneasured around the perimeter of the building,
12,
Fire Sprinklers may be required for any building associated with this project.
13,
The Meridian Fire Department is concemed about the ability to address Lot 6, 7, 8, 9, 10,
13. These lots do not front a private or public street.
a, Option I is to provide a private street on the 30' wide access drive for purposes of
addressing to minimize confusion during an emergency response,
b, Option 2 is to provide monument signs at both ends of the 30' wide access easement and at
each curb cut where a given lot intersects the access drive,
E,
Adopt the Recommendations of the Central District Health Department as follows:
1.
This proposal can be approved for central sewage and 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,
Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality,
5,
F,
2,
4,
The Engineers and arcmtects 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 of Nampa Meridian Irrigation District as follows:
1.
All storm water will be retained onsite,
You show the District's Cook Lateral and that it will be relocated and piped, I believe all
the Cook needs to be is shortened and the easement re-described, The eighteen (18)-inch
delivery, going to the north, can be pulled off of the end box of the Cook Lateral as it is at
present.
3.
The twenty (20)-foot easement shown is not acceptable. The easement is thirty (30)-feet.
Nampa & Meridian Irrigation District does not reduce easements, We will, occasionally
allow encroachments with approved plans and signed License Agreement.
Landscaping, with trees that will grow and put roots that get into our pipeline, over our
pipeline is also unacceptable. Shrubs and grass are acceptable. Trees must be put outside
the drip line so their roots can not get into the pipeline,
5,
The PVC delivery, going to the north, must be approved by the Water Users on the north
side ofthe freeway, They have a water user's association set up and their president or
water rnaster must accept this PVC pipe as it is beyond Nampa & Meridian Irrigation
District's jurisdiction and responsibility once it crosses over the end weir.
6,
Plans do not show any pressure irrigation, There has been talk about hooking up to the
subdivision, Resolution, to the south and updating that pump station, This is acceptable
however piping plan, services and an update must be shown before this can happen,
7,
Also you will need an Urban Contract with Nampa & Meridian Irrigation District. Tms is
in order for the District to bill the landowners of this project for operation and
maintenance once it is completed,
8,
Please contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare a
License Agreement for the reduction of the Cook Lateral as well as encroachment on the
District's easement. Once tms agreement has been signed and returned it will be
presented to the District's Board of Directors for their consideration at the next available
board meeting.
9,
If you are going to hook-up to the District's Urban Pressure System, please contact the
District's attorney, Ms, Laura Burri at 342-4591 and ask that she prepare an Urban
Contract. Once this agreement has been signed and returned it will be presented to the
District's Board of Directors for their consideration at the next available board meeting,
G.
Adopt the Recommendations ofthe Idaho Transportation Department as follows:
1.
Noise abatement (berms, fences, etc,) will be the responsibility ofthe applicant and will
be constructed off of the State Right of Way,
H,
Adopt the Recommendations of the Sanitary Services Company as follows:
l.
Contact Bill Gregory at Sanitary Services Company (888-3999). for detailed review of
your proposal and submit stamped (approved) plans with your certificate of zoning
compliance application(s).
L
Adopt the Recommendations ofthe Meridian Police Department as follows:
1.
The proposed plat promotes the possibility of high-speed collisions on Overland Road at
Celebration Avenue due to left-turn movements, Due to the close proximity of
Celebration Avenue to Millennium Way, a signalized intersection, the Police Department
prefers that Celebration Avenue be restricted to right-inlright-out only,
EXHIBIT D
Boise Valley Commons Subdivision (aka - Destination Place)
PP-O4-042
Preliminary Plat Findings
PRELIMINARY PLAT FINDINGS
Meridian City Code (MCC) ]2-3-3 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;
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
'Mixed Use - Regional', In Chapter VII of the Comprehensive Plan, mixed use areas are
intended to "provide for a combination of compatible land uses that are typically
developed under a master or conceptual plan. The purpose of this designation is to
identify key areas which are either infill in nature or situated in highly visible or
transitioning areas of the city where innovative and flexible design opportunities are
encouraged," The subject site is situated in a mghly visible area that is rapidly
transitioning from historically agricultural uses to commercial. Although a conceptual
plan has not been submitted, City Council finds that the proposed subdivision and
anticipated uses should be compatible with the existing and anticipated future land uses
in the area,
City Council finds the following Goals, Objectives, and Action items contained in the
2002 Comprehensive Plan to be applicable to this application (analysis is in italics below
policy):
.
"Permit new, , ,commercial development only where urban services can be
reasonably provided at the time of final approval and development is contiguous to
the City," (Chapter IV, Goal I, Objective A, Action item 6)
The subject site can be serviced by the City of Meridian's sanitary sewer and water
systems,
.
"Encourage infill development in vacant/underdeveloped areas witmn the City over
fringe area development to halt the outward progression of urban development."
(Chapter V, Goa] I, Objective A)
This parcel is underdeveloped, is currently within the City limits, and is considered
infill development,
.
"Require all commercial businesses to install and rnaintain landscaping," (Chapter V,
Goa] III, Objective D, Action item 5)
The applicant is proposing to install landscaping along Interstate 84 (50-feet),
Overland Road (25-feet), and the internal public streets (10-feet), Additional
landscape requirements will be necessary when commercial businesses are developed
in the future,
.
"Locate new community commercial areas on arterials or collectors near residential
areas in such a way as to complement with adjoining residential areas," (Chapter VII,
Goal I, Objective B, Action item 5)
The. subject property has frontage on Overland Road, an arterial street, if
landscaping and sidewalks are constructed adjacent to the site, City Council believes
that this development would complement the residential uses in the area,
City Council finds that the proposed subdivision is in general compliance with the
Comprehensive Development Plan,
B.
The availability of public services to accommodate the proposed development;
Overland Road was recently widened to 5-lanes abutting the site, As part of the recent
improvements to Overland Road, a signal was installed at the intersection of Millennium
Way, ACHD staff is recommending to the Commission that the applicant be required to
construct Millennium Way, Celebration Avenue and the other proposed internal public
streets to their adopted commercial street standards, ACHD is also recommending
approval of the proposed public stub street to the vacant parcel to the east and restricting
any additional access (driveways) to Overland Road, ACHD is recommending, with site-
specific and standards conditions, approval of the subject development. This item is
scheduled to be heard at the January 12,2005, ACHD Commission meeting,
The subject site can be serviced by the City of Meridian's sanitary sewer and water
systems, See any comments from the Meridian Public Works Department regarding
detailed analysis of this finding,
On December 17, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property, The detailed comments and
conditions from the Fire Department, Police Department, and other agencies/departments
are at the end of this report,
The Commission and Council will need to reference any written or verbal testimony
submitted by Nampa Meridian Irrigation District, Idaho Power, and other service
providers regarding their ability to adequately service tms project.
City Council finds that all public services and facilities noted above appear to be
adequate to serve this property,
c.
The continuity of the proposed development with the capital improvement program;
City Council finds that the subdivision will not conflict with the capital improvement
program because the developer is required to install sewer, water, local street
infrastructure, utilities and irrigation for the development at their cost.
D.
The public financial capability of supporting services for the proposed development;
As noted in the above finding, the developer will be financing the extension of sewer,
water, local/internal street infrastructure, utilities and irrigation services to serve the
project. The primary public costs to serve the future site will be fire and police services,
City Council finds that this developrnent will not cause excessive additional requirements
at public cost, if the applicant complies with the conditions of approval for the subject
preliminary plat application, The Commission and Council should consider the Meridian
Police, Parks and Fire Departments' comments with regard to their capability to serve the
proposed development.
E.
The other health, safety or environmental problems that may be brought to the
Commission's attention.
City Council is not aware of any natural or scenic feature(s) of major importance in the
area that may be affected by the proposed development. City Council finds the
Commission and Council should rely on any public testimony that may be presented to
determine whether the proposed use may cause health, safety or environmental problems,
of which City Council is unaware,