HomeMy WebLinkAboutBonito Subdivision No. 3 PP-05-010
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LA WAND
DECISION & ORDER
In the Matter of Bonito Subdivision #3 a re-subdivision of Lots 4 and 5 of Block 1 of Bonito
Subdivision for eight (8) commercial lots and one (1) common lot by Dave Evans
Construction.
Case No(s). PP-05-010
For the City Council Hearing Date of: May 10, 2005
A. Findings of Fact
I. 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 May 10, 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.
b.
c.
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).
The Planning and Zoning Commission conducted a public hearing on April 7, 2005
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
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O5-0JO . PAGE 1 of4
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, W. H. Moore General Partner.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit C for the findings required for Preliminary Plat.
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 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 February 11, 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 February II, 2005 is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O5-0JO . PAGE 2 of4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
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 ofthe 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 l2-2-4.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 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
(Y\11~ ,2005.
10 '""
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).PP-O5-010 -PAGE 3 of4
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED I ~ 01 .
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
Attest:
Copy served upon Applicant, The PI
and City Attorney.
By: ('~().h1).1M. ~Å. a ~ rr-J
City Clerk
Dated: w-e-OS'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O5-0IO . PAGE 4 of 4
EXHIBIT A
Bonito Subdivison #3
PP-05-010
Legal Description
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FOR 'J"UE "ECEIVED, James F Goffin. a ""gl.""n I G'""C) -so aOd"" " ';'5
NOO" 9" """. Bo;" 10 63702. doe, 'oc.", GRANT. BARGAIN. SELL aod CONVEY"",
KIMBAL'" RRODERTIES LlMITEDPARTNEOSHIP, 80 "ah., "~i"d """e""'p["3"n..,") wt""
add"" " I' () ." 8204 Bo"'. Idaho "707. Ih. "al p"'ne"., in Ada eo,,"'," ""nfld,'" ~o"
"""UI"" d",,"bed on ~ a«aehod "'eto on, ""d, , Po" be,aOf ("Pmp'rt>")
"'."'NI.,eb,e"'."n" to and wilh G,anl"ao, G",,'a,', ""V'. ,"~e"OCSand a"ig",.
th" G"e<oc', "W""Y aeiz'di" f'e 'imple'fthe Pmpo.iy"bj",on[yto "ama"e" Omribed 'm
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TO e.' VE AND TO HOLD. tOo Pro",", wi:" it, aPPurt,na"es, loge""" with a"., aOd a"
w"" lig'" 0> "'itl,mon" 10 "CO..eweta," ", be"'e", "'a 'pon"e Pmperty, in~'d'n. but not
"~i"d to. ail," " conal COm,any """Ie,. and dil'" rig"" """atad with a~i lniga"on "waf"
deli".", ',"h c"'a{ "'.,el" ,ipeline. unl, the G'anl... ,ndG"nte.', hei" aM ""g" fOl.~.,
And Ihe "'d Go"'I,. b".b, binds him'elf aod hi, ,"eem,", '0 w"""ol and de'ano "",,",.,
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d'pict," 00 Record o[Surv,y No 5447 recorded July 2, 2001 as Imlmroc", No
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South 00' 14' 45" West, 59466 reet, 'hence
North 89" 56' 116" 6aS!. 5500 I"t 104 POmt ün the Easl"l, lioe uf 'md Nor:;",st
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Along "id "urvc to the left hoving . rOOms 0125000 feet, an 'xc length of222 ]) fOet, ,
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South 60. 42' 33" West. 121.50 I"", Ihe bcg"n,ng or. tangentcurve, then"
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No<ih W ;5'51' West, 5GIII feel 10 the 1V,,"rl) ¡,ncof<he E...t Y, of the So","""
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North 01 042' 52' iiast, 2649 75 feet to the Nortberly lin, oftne Nurth"" Qu""" of",i']
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Range 1 W"t. Boi", MeridIan, Ada Coon'y, Idaho, the ,.me be,"g depi"ed on ROCDI'
of Sm"" No 5446 record.d Jul, 2, 2001 "In;trumon' No 101065643, R"Ndsnf Ad,
C,unty, idaho, more p",i,ulady d"'ob,d" follow,
B,ginning at th, NorthweSt comer ol vaid So",h,",;! Quarter, ofwhi,h 'he SouthW!<"
"mer of ,aid $oolh"-'," Qu"'" be"", ~ou,h to" 00' 26" E.", 265 I 35 ¡"". 'h,o" ,1m"
the Nonherly "'" of So,thw,,' Q""',, and the Sn",herly BnWlda<y ""' ofT", L"od,"g'
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EXHffiIT B
Bonito Subdivision #3
PP-05-010
Approved Site Plan '. -. '.>
,.:.. . '!~"n"~!!:Ii~:"'~~~dll!"~!I~:.
, : ':-" '. ,
EXHIBIT C
Bonito Subdivision #3
PP-05-010
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 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 that the current 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 located on the Ridenbaugh Canal 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 EI Dorado Business Campus,
Sample 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 Subdivision #1. 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 fmanciaI 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 Councilor
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 #3
PP-05-010
Site Specific and Standard Comments
SPECIAL CONSIDERATIONS-PRELIMINARY PLAT
The applicant shall maintain compliance with existing development agreement for the
preliminary plat El Dorado Subdivision, PP-OI-002, CUP-Ol-O37 and all applicable
conditions of approval for the commercial lots in a mixed use development.
Conditions added at City Council Meeting Mav 10. 2005:
1, Any lighting shall be fully shielded with no light going above 15 degrees below
horizontal and:
2, No globe style lighting and;
3. No street lights
PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS
I. 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.
2. Water service to this site will be ITom main line extensions ITom existing water
mains in Bonito Subdivision #1, 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 20-foot wide street buffer along
Copper Point Drive. 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
Subdivision #3.
6. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be
submitted with the final plat application.
7, 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.
8. 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,
9. All internal landscaping shall be installed as depicted on approved landscape
plans for the individual lots during the Certificate of Zoning Compliance process.
10. 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 of El Dorado
Subdivision PP-Ol-002 and CUP-OI-037, adjacent to the south side of the Bonito
Subdivision #3 and north of the Ridenbaugh Canal. Alternatively, a note shall be
added to the final plat stating there is a deed restriction on Lots 12, 17, 19,20, and
21 of Block 1 that said lots are subject to a permanent pedestrian easement in
favor of the City of Meridian. Buildings are precluded ITom constructing within
this easement. The lO-foot wide hard surfaced pathway shall be constructed and
fully improved prior to the issuance of the first Occupancy Permit for any
building.
11. The applicant has indicated that N ampa 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.
9.
10.
PRELIMINARY PLAT GENERAL REQUIREMENTS
1.
Submit letter ITom 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, 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 fIfe 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.
Provide five-foot-wide sidewalks throughout development in accordance with
City Ordinance.
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 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 Dl 03.4.
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 office/commercial lots lot will have an un1rnown transient population and will
have an un1rnown 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.
11. Maintain a separation of5' from 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 from 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,