HomeMy WebLinkAboutVerona Subdivision No. 3 PP-04-044
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Verona Subdivision #3
Case No(s). PP-04-044
For the City Council Hearing Date of: February 22 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.
The matter was duly considered by the City Council at the February 22,2005,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction ofthe City of
Meridian were given full opportunity to express comments and submit evidence.
b.
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).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
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.
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
verified that the property owner(s) of record at the time of issuance of these
[IDdings are E.L and Shirley Bews
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). 04-044 - PAGE I of 4
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibit C for the findings required for each type of application.
B. Conclusions of Law
I. 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 II 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 of the 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 ITom 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
dated August 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:
I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated August 3, 2004 is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). 04-044 -PAGE 2 of4
E.
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.)
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
Exhibit B: Approved Preliminary Plat
Exhibit C: Preliminary Plat Findings
Exhibit D: Final Conditions of Approval
By action of the City Council at its regular meeting held on the
/Jl tf/1 011--' ,2005.
B -It:;
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED----þ
VOTED~
VOTED-?
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). 04-044 -PAGE30f4
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
ent, Public Works Department
By:,)uí\.IY\ ~O~~
City Clerk
Dated: 3-ILJ-O5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). 04-044 - PAGE 4 of4
EXHIBIT A
Verona Subdivision #3
PP-O4-044
Approved Site Plan
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EXHIBIT A
Verona Subdivison #3
PP-O4-044
Legal Description
Joe 03 04 12,530
1'4ho Surv.. Group
(2"" .B4-53SS
Thence along.aid righ'-Of-J.y North 82'03'21" West, 31l.34 feet:
Thence 90.54 foet along the 1m: of, eu"" te the left, having a radius ef827,G1J
feet, . c,,""alangle of 6" I 6"'22", ",il, long chord bearing Nerth 85"11'32" West, 9050
feet; !
Thence 50.48 feet .Iong lhe Brc ois curve", the righ~ having a radius of 193,00
feet, a central angleo£)4059'10", wid a longchcrd bearing North SO"50'O9" West, 50.34
feet; ¡
Thence 105.55 feel along the >.rc nfa cum to the let\, having a radius of33600
feet, a cmlral an81e of 17"59'5"', arid. long chord bearing North 82"20'J2" West,
105.12 feet to the Poin' o£BegiruUnt- Containing 4.65 sores, InO", or les..
I
p.3
EXHIBIT C
Verona Subdivision #3
RZ-O4-044
Required Findings for Preliminary Plat
PRELIMINARY PLAT FINDINGS AND REQUIREMENTS
Sections 12-3-3 J,2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
snbdivision, the Commission/Council shall consider the objectives ofthis title and at least the following:
a, The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds that the requested zoning designation is in general compliance with the
effective Comprehensive Plan ('02) and the Future Land Use Map, which designates
the land to be "Medium Density ResidentiaL" The proposed office uses within the
subdivision are permissible under the excepted land use provisions of the MCC (12-6-
3,)
b. The availability of public services to accommodate the proposed development;
Staff finds that this development will not cause excessive additional requirements at
public cost. The property to be annexed may be served adequately by all essential
public facilities and services, Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them
available to the adjacent properties,
c. The continuity of the proposed development with the capital improvement program;
Staff finds that the subdivision will not conflict with the capital improvement plan. Becanse the
developer is installing sewer, water, utilities and irrigation, the subdivision will not require the
expenditure of capital improvement funds,
d. The public financial capability of supporting services for the proposed development;
Staff finds that the development will not require major expenditures for providing supporting services,
See item b,
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 that should be brought to the Council or Commission's attention. ACHD considers
road safety issues in their analysis, No hazardous natural features have been identified on the site.
EXHIBIT D
Verona Subdivision #3
PP-04-044
Site Specific and Standard Comments
SPECIAL CONSIDERA nONS-PRELIMINARY PLAT
The applicant shall maintain compliance with existing development agreement for
Verona Subdivision, AZ-03-005/CUP-03-007 and all applicable conditions of approval
for the commercial lots,
PRELIMINARY PLAT SITE SPECIFIC COMMENTS
1.
Prior to occupancy of the first structure, the applicant shall rezone the subject
property to L-O,
2,
Sanitary sewer service to this site will be ITom service line extensions ITom
existing and proposed mains adjacent to the project. Subdivision designer to
coordinate service 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,
This development shall be subject to latecomer fees, to reimburse those
responsible for bringing sanitary sewer service to the area, Latecomer's fees shall
be due and payable prior to signature on the final plat for each phase,
3,
Water service to this site will be from main line extensions ITom existing water
mains in W, Milano Drive, and N, Cortona Way, The applicant will be
responsible to construct water mains to and through this proposed development.
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,
4,
Per MCC 12-13-10-4, construct a minimum 35-foot wide street buffer along Ten-
Mile Road and a 20-foot wide street buffer along Milano Drive and a IO-foot
wide street buffer along Cortona Way, All required street buffers shall be located
beyond any future right-of-way, Show easements for all required buffers on the
final plat. The Ventan Business Association shall maintain all required landscape
buffers,
5,
All landscape buffers shall be constructed prior to the issuance of any Certificate
of Occupancy within the subdivision,
6,
7,
8,
9,
A perpetual vehicular cross access easement shall be provided to all lots within
the subdivision, Said cross access shall be depicted on the final plat for Verona
No, 3,
A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be
submitted with the final plat application,
Any tree over 4" in caliper that is removed ITom the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed, unless deemed unnecessary by the City Arborist per
Ordinance 12-13-13, Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed, The applicant shall
submit a tree removal/preservation plan at least 10 days prior to the City Council
hearing,
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 a 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,
Any drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours
for all storms up to and including a 100-year storm event. Side slopes within
drainage areas shall not exceed 3: 1,
11.
The applicant has indicated that Settlers Irrigation District will own and maintain
the pressure irrigation system within this development. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of
water, If a creek or well source is not available, a single-point connection to the
municipal 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 Meridian City Engineer.
PRELIMINARY PLAT GENERAL REOUIREMENTS
1.
Submit letter ftom the Ada County Street Name Committee, approving the
subdivision and street names, Make any corrections necessary to conform,
2,
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3,
Assessment fees for water and sewer service are determined during the building
plan review process,
4,
Two-hundred-fifty-watt, highcpressure 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,
5,
Underground, year-round pressurized irrigation must be provided to all landscape
areas on site, Please submit hook-up and design details based on the proposed
landscaping, Due to the size of landscaped area, primary water supply connection
to the City's mains will not be allowed, Applicant shall be required to utilize any
existing surface or well water for the primary source,
6,
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13, The ditches to be piped
should be shown on the site plans, Plans will need to be approved by the
appropriate irrigation/drainage jurisdiction, or lateral users association, with
written confirmation of said approval submitted to the Public Works Department.
7,
Show all existing and proposed easements for irrigation/drainage facilities located
within the boundaries of this proposed development.
8,
Any existing domestic wells and/or septic systems within this project will have to
be removed ITom 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,
9,
Provide five-foot-wide sidewalks throughout development in accordance with
City Ordinance,
10,
All construction shall conform to the requirements of the Americans with
Disabilities Act.
FIRE DEPARTMENT CONDITIONS
I, Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing,
2, Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a, Fire Hydrants shall have the 4 \I," 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',
g, Fire Hydrants shall be placed 18" above finish grade,
3. Provide. 20' wide Fire Lane for all interns! & externsl roadways.
4. For all Fire Lanes, paint the corb red and provide sign'ge "No Parking, Fire Lane".
5, Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins,
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 per Appendix D,
7, The proposed 6-lot subdivision will have an unknown transient population and will have
an unknown impact Meridian Fire Department call volumes, The Meridian Fire
Department has experienced 2397 responses in 2003, According to a report completed
by Fire & Emergency Services Consulting Group in February of 2000 our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010,
8, Maintain a separation of 5' ITom the building to the dumpster enclosure,
9, Provide a Knockbox entry system for the complex prior to occupancy,
10, The applicant shall work with city staff to provide and address identification plan
including a pylon/monument sign at the required intersections,
11, All processes & storage practices shall be required to comply with the International
Fire Code,
12, All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building,
13, Provide exterior egress lighting as required by the International Building & Fire
Codes,
14, Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) ttom a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official, For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3,1.1 or 903.3,1.2 the
distance requirement shall be 600 feet (183),
a, For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m),
b, For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903,3,1.2, the
distance requirement shall be 600 feet (183 m),
15, There shall be a fire hydrant within 100' of all fue department connections,
16, Buildings over 30' in height are required to have 26' wide access roads in
accordance with Appendix D Section DIO5,
SANITARY SERVICES CONDITIONS
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application,