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HomeMy WebLinkAboutBonito Subdivision No. 2 PFP-05-001 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Bonito Subdivision #2 Preliminary/Final Plat of Five (5) Commercial Lots on 5.28 Acres in a C-C Zone by Kimball Properties Case No(s). PFP-05-001 For the City Council Hearing Date of: March 29 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 March 3, 2005, public hearing(s). The applicant, affected property owners, and govemment subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. c. 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. 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 findings are Kimball Properties, LLP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP -05-001 - PAGE I of4 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the required findings. 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 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 ttom the govemmental 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 January 10, 2005 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 dated January 10, 2005 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 CASENO(S).PFP-05-00I -PAGE20f4 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 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 E. 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 ofthe 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: Legal Description Approved Preliminary/Final Plat Exhibit B: Exhibit C: Plat Findings Final Conditions of Approval Exhibit D: By action of the City Council at its regular meeting held on the /J1,v¿.vf.- ,2005. , ZqF5 day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED /J1;~ VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).PFP-05-001 -PAGE30f4 COUNCIL MEMBER KEITH BIRD MAYOR TAMMY deWEERD (TIE BREAKER) VOTED Attest: ent, Public Works Department BY~K n . J:w.u.- Ity Clerk's Office Dated: 4-4-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).PFP-05-O0I -PAGE40f4 EXHIBIT A Bonito Subdivison #2 PFP-05-001 Legal Description DESCRIPTION FOR BONITO SUBDIVISIDN NO.2 January 10, 2005 A PARCEL OF LAND BEING A RESUBDIVISION OF PORTIONS OF LOTS 2, 3 AND 6, BLOCK 4, BONITO SUBDIVISION, LOCATED IN THE NE 114 OF SECTION 20, TOWNSHJP J NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY. IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R 1 E., B.M., THENCE S 00'14'50" W 1019.37 FEET ALONG THE EAST LINE OF THE NE Y. OF SAID SECTION 20 TO A POINT: THENCE N 90'00'00' W 48.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 4 OF BONITO SUBDIVISION, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00'14'50'W409.70 FEET AlONG THE WESTERLY RIGHT OF WAY OF S. EAGLE ROAD TO A POIIIIT: THENCE N 90'00'00' W 217.00 FEET TO A POINT; THENCE S 00'00'00" W 300.87 FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT OF WAY OF E. GOLDSTONE DRIVE; AlONG THE RIGHT OF WAY OF E. GOLDSTONE DRIVE THE FOLLOWING: THENCE 67.35 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 10'15'00", A TANGEIIIT OF 33.77 FEET ANDA CHORD BEARING N 61'13'27" W 67.26 FEET TO A POINT OF REVERSED CURVATURE; THENCE 114.17 FEET AlONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 769.00 FEET, A DELTA ANGLE OF 08'17'26", A TANGENT OF 57.18 FEET AND A CHORD BEARING N 60'14'40" W 114.07 FEET TO A POINT ON A CURVE; LEAVING SAID RIGHT OF WAY OF E. GOLDSTONE DRIVE: THENCE N 00'00'00" E 622.25 FEET TO A POINT; THENCE N 90'OO'00"W 14.56 FEET TO A POINT; THENCE N 00'00'00" E 244.73 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF E. TARPON DRIVE; BONITO-DESC EXHIBIT A Bonito Subdivison #2 PFP-05-001 Legal Description DESCRIPTION FOR BONITO SUBDIVISION NO.2 January 10, 2005 A PARCEL OF LAND BEING A RESUBDIVISION OF PORTIONS OF LOTS 2, 3 AND 6, BLOCK 4, BONITO SUBDIVISION, LOCATED IN THE NE 114 OF SECTION 20, TOWNSHJP J NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R.1 E., B.M.. THENCE S 00'14'50. W 1019.37 FEET AlONG THE EAST LINE OF THE NE Y. OF SAID SECTION 20 TO A POINT; THENCE N 90'00'00" W 48.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 4 OF BONITO SUBDIVISION, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00'14'50"W409.70 FEET ALONG THE WESTERLY RIGHT OF WAY OF S. EAGLE ROAD TO A POIIIIT; THENCE N 90'00'00' W 217.00 FEET TO A POINT; THENCE S 00'00'00. W 300.87 FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT OF WAY OF E. GOLDSTONE DRIVE; AlONG THE RIGHT OF WAY OF E. GOLDSTONE DRIVE THE FOLLOWING: THENCE 67.35 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 10'15'00", A TANGEIIIT OF 33.77 FEET AND A CHORD BEARING N 61'13'27"W 67.26 FEET TO A POINT OF REVERSED CURVATURE; THENCE 114.17 FEET AlONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 789.00 FEET, A DELTA ANGLE OF 08'17'26", A TANGENT OF 57.18 FEET AND A CHORD BEARING N 6O'14'40"W 114.07 FEET TO A POINT ON A CURVE; LEAVING SAID RIGHT OF WAY OF E. GOLDSTONE DRIVE: THENCE N 00'00'00" E 622.25 FEET TO A POINT; THENCE N 90'00'00. W 14.58 FEET TO A POINT; THENCE N 00'00'00" E 244.73 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF E. TARPON DRIVE; BONITO-DESC EXHIBIT B Bonito Subdivision #2 PFP-05-001 Approved Site Plan ~._- ------ ~ - ~'":~ ¡¡.~- ø,-- ~~.- -'.:;;-. m f ~n I' ¡j!1. .. . ~. ; ¡i!! 1M. . ", g !1 gd EXHIBIT C Bonito Subdivision #2 PFP-05-001 Required Findings for Preliminary Plat PRELIMINARY PLAT FINDINGS AND REOUIREMENTS 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 leastthe 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 "Mixed Use Regional." The comprehensive plan also identifies a multi use pathway connecting the site to adjacent properties within the development. The applicant has indicated on the preliminary plat an existing 15' pedestrian access easement to be maintained by the owners association. Generally, the Mixed Use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The mixed use plan was conceived under CUP-OI-O3? as El Dorado Business Campus. Sanlple Uses are listed as entertainment, clean industry, and major employers. The uses of Office/Retail are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The proposed office/retail uses within the subdivision are permissible under the excepted land use provisions of the MCC (12-6-3.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan 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 has existing sewer and water stubs served adequately by all essential public facilities and services through Bonito #1 Subdivision. 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. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. d. The public fmancial 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 Bonito Subdivision #2 PFP-05-001 Site Specific and Standard Comments SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The applicant shall maintain compliance with existing development agreement for EI Dorado Subdivision, PP-OI-002, CUP-OI-037 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site will be ttom 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. 2. Water service to this site will be ttom main line extensions ttom existing water mains in Bonito #1 Subdivision. 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. 3. Per MCC 12-13-10-4, maintain the existing 35-foot wide street buffer along Eagle Road and a 20-foot wide street buffer along Goldstone Drive and Tarpon 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 Bonito or El Dorado Business Owners Association shall maintain all required landscape buffers. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. 5. 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 Bonito #2. 6. Any tree over 4" in caliper that is removed ttom 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. 7. 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. 8. 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 1O0-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 9. Compaction test results must be submitted to the Meridian Building Department for all building lots receiving engineered backfill. 10. Complete the ROS numbering on the face of the final plat. 11. Add the "Real Point of Beginning" label to the Face of the final plat. 12. Add the following plat note: (12) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage jurisdiction. 13. All internal landscaping shall be installed as depicted on approved landscape plans for the individual lots during the Certificate of Zoning Compliance process. 14. Revise the domestic water service origin statement in the Certificate of Owner's to reference the "City of Meridian." 15. A permanent pedestrian easement, in favor of the City of Meridian, shall be included on the face of the plat as depicted on the preliminary plat, adjacent to the east side of the Bonito #2 Subdivision. Alternatively, a note shall be added to the final plat stating there is a deed restriction on Lots 7, 8, and 11 of Block 4 that said lots are subject to a permanent pedestrian easement in favor of the City of Meridian. Buildings are precluded ttom constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Occupancy Permit for any building. 16. The applicant has indicated that Nanlpa Meridian 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 REQUIREMENTS 1. Submit letter ttom the Ada County Street Nanle Committee, approving the subdivision and street nanles. 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, 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. 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 ttom 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 1. 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 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 when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. 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 turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 7. Dead-end fire apparatus access roads in that are 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D1O3.4. 8. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 9. 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. 10. The 5 officelcommerciallots 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 3 800 by the year 201 O. 11. Maintain a separation of5' ftom the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The application shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 14. The Fire Dept. has concerns about the ability to address the project and have the addresses visible ITom the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 15. 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. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. There shall be a fire hydrant within 100' of all fire department connections.