Loading...
HomeMy WebLinkAboutWoodpen Subdivision PP A otre;¡di~\ II),~HO '"',\-" , '"¡¡-,¡ .".....,. E ~-",t {' - 1 '1 " "y~~... "",.,!.'l;(./o ",fIVE~.I) JUl 2 1 2005 .;ILy Of 1V13Y-! 0'1" "'-'-' r' "- -- '--'-'.1 . .;~ty C191'k Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Date of Recommendation: July 21,2005 Project Name: Woodpenn Subdivision Case No(s): PP-05~022, CUP-05-030 Applicant: Pennwood III, LLC P&Z Commission Hearing Date: June 16, 2005 Recommendation: Approve (all Ayes) 1. Summary of Public Hearing: 1. In favor: Matt Newton, Pennwood Ill, LLC 2. In opposition: none 3. Commenting: none 4. Staff presenting application: Josh Wilson 2. Key Issues of Discussion by Commission: 1. None. 3. Key Commission Changes to Staff Recommendation: 1. None. 4. Draft Findings for Annexation and Zoning Approval Exhibit A- Legal Description Exhibit B~ Preliminary Plat! Site Plan Exhibit C~ Site Specific Comments Exhibit D- Required Findings for Preliminary Plat/Conditional Use Permit CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat Approval of Four (4) building lots on 1.74 acres and Conditional Use Permit (CUP) Approval for a Commercial Planned Development with reductions to the minimum requirements for street frontage, in a L-O zone for Woodpenn Subdivision, by Pennwood III, LLC. Case No(s). PP~05-022, CUP-05-030 For the City Council Hearing Date of: July 26, 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 July 26, 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 of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted public hearings and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2, Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15~5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-011, ClJP~O5-013 - PAGE 1 of 4 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 is Troutner Business Park Development Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for Preliminary Plat/Conditional Use. 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 (I.C. §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 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! Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit D. 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 April 15, 2005 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-011, CUP-O5-013 - PAGE 2 of4 2. The applicants Conditional Use request is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 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 ofthe 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 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/Site Plan Exhibit B: Exhibit C: Conditions of Approval Required Findings for Preliminary Plat/Conditional Use Permit Exhibit D: By action ofthe City Council at its regular meeting held on the ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-O5-011, CUP-OS-O13 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-OS-OIl, CUP-OS-013 - PAGE 4 of 4 EXHIBIT A Woodpenn Subdivision PP-05~022, CUP~05~030 Legal Description þJVMJtY~ -'/"~"----------..... C1I1/, AMI ,"rRUCI/!k,'/L ,:,'C"'",*,,/; <.'11 L<N[MI'RVCI'/iW.- Land in Lot 10, Block 1 of Troutner Park Subdivision, as per the Plat thereof, in Book 75, at Pages 7762-7764, Ada County Plat Records, within the NE1/4 of Section 13, T3N, R1E, B,M" City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Corner of said NE1I4 (North 1/4 corner of Section 13), marked by a brass cap as per corner perpetuation record, Ins!, No, 96117248: lot 10, Block 1, Troutner Park Subdivision Job No- 05007 4112/2005 thence, along the North Line of said Section 13, South 6g015'42' East, 966,57 feet; thence South 00"52'49' West, 45.00 feet, to the Northeast Corner of Lot 1, Block 1 of said Subdivision: thence along the boundary of said subdivision, the following three (3) calls; 1. South 00"52'49' West, 568.80 feet; 2, North 71"25'40' East, 31712 feet; 3. South 00"52'45" West, 802.35 feet, to the Northwest corner of said Lot 10, and to a set 5/8 inch rebar with a plastic survey cap marked "PLS 10782" and the POINT OF BEGINNING; thence along the North Line of said Lot 1Ö, South 89"10'56" East, 323,02 feet, to a set 5/B inch rebar with a plastic Survey cap marked "PLS 10782"; thence, Continuin9, South 89"10'56" East, 2,00 feet. to a point on the westerly right-of-way of SW 5'" Avenue and the Northeast COrner of said Lot 10: thence, along said right-Of-way, South 00"53'16" West, 236,80 feet. to the Southeast corner of said Lot 10; thence NOrth 69.06'44" West, 2.00 feet, to a set 5/8 inch rebar with a plastic survey cap marked 'PLS 10782" and a witness corner; thence, continuing, North 89"06'44" West, 292.98 feet, to a paint on the easterly right-of-way of Pennwood Street, also being an angle paint on the boUndary of said Lot 10, and a set 5/B inch rebar with a plastic survey cap marked 'PLS 10782"; thence, along said right-of-way and boundary, NOrth 00"52'45" East, 52_57 feet, to a found 5/B inch rebar with a plastic survey cap marked "PLS 2394"; thence, North 89"06'44" West, 30,00 feet, to a found 5/8 inch rebar with a plastic survey cap marked "PLS 2394.; thence North 00°52'45" East, 165.83 feet, to the POINT OF BEGINNING: Containing 1,74 acres, more or less, and subject to any easements or rightscof-way of record or otherwise eXistjng, ~,\JGT\T""""" Bu""", p"~\IJ'""'"¡"C~""'Y\PI'I\F""1'1)5f¡97 (,.., L~)C """'" ,-'¡'HI :"':"1..'311" I ,'" ,~.';, ~ J If,,' .,J_",'[ , "\0 II" "..""..\ ":J,,,\ I {e:,:C"",-" ""t., 'n'¡"ltn\" I"'ffl!~I"'.'\'..,.I"c ")~!' I 1'","""" 1(,/ """, ,:'11 ,Ii 1"'1',' f/:,I",.\ '1"- EXHIBIT B Woodpenn Subdivision PP-05-022, CUP-05-030 Preliminary Plat! Site Plan .. ","-"""-"'-'""""",,,,,," ,," '"..'..-"-",,-' u'_L'--""'"'m""",-----,-,,,,----,,,,-,- , .. ,,- ,_.., "" "", I; ¡I 1!lli;~~,~,":; +:i¡( Il I I ~~U!!!!iJ I I I I I rl' ~~~r:r:.'Iti¡ ¡¡ I ,d ~ ¡ I ,id BmlJJI",mIlHl I I flJU;/ 11m III ;ill' "I" ' ::',; .' :'1 ' 'lilii.;:¡f :~"r¡' »~ ~J ."¡<-'ftj..,r ;[:::11::)::1(';" =,,- C:'~i'~~i,¡~f-= '\~(~sK:'i;l~¡:f-';'-'" Ilfld AUVN wn3~ d /1, ~;:')J rl~ '~"'I ' ",--c:,_~~~~~B~~NN_~~~~~--,--- -:",:; "~"~>/'!~!:~;)\:l:li,~~;/. Im.,: Iii ,gal', i Ilifl¡ 'I 1- ('i 'I" i 0 'I I',~qf:i 1£ li)i '<,:: c:-:=:/ lid !...., H ¡; § -Ii ^.! ;h . , I I II q Ii/11th ,I ~i .; '" .. ¡;¡ ]1 --."'-J- ;¡ -- - "-~ u' E ::,-" >-. >-, - ~..-..~ occ .....1:ii7i ~~-::" !i:::':"':;~ ~""'j"'s g¡~ ¡g- o-§$\~~~ ~tI) ~~ ~ '"- &e E-~liÌ. J~~~~~ ;';;::;13~Ë I:o;¡ =>",¡:¡ Q.,~p ~~¡:: O¡;:fii o";'¡ 51:::: ...,~ !'o ... c ." s rfD' ! ï Tf¡~"¡=:;~-~1~-tj{ 'J . - ¡! I Ii ~ I "'II , [ !l . . II '- Ilflïïiìi!' :,-- '~4-1L~1 : -::::"----"-__n,,_____--) --~ --- - ~ --,'"","" -"'-'- ~~';;I~-; 76r / ~i II '; ~ I ~ t .. ,'\ it . II . h ~I i~ ~~ ~~ ~~ ~ ~ ~ j !, ~. ~. ~. ~.. f f ~ ~ j f ~ ~ I j f i ! f J i I ! I f i á f f I r I I I t . ) ~ 'J I I , ! f 2 I. 1 i , , 2 I j l' , f I P ~ ~ , " ,II! ~ i' I a: . J . il~ . iIi ~ {j3 . . "" ~ A i ~ ~ I 0- m :I ~ .. ttl ~ ~j p (>-<VOl "N¥1Q1I1Jrt X31dWOO 3:::>1:HO NN3dOOOM éfj 7' I! '-': ; : ,~ . I I J i I ì ¡~ ~ 'I . ~ .. 'I i = 1 '3. , .IJ i ~ I ~ 3 ~'" j;¡ . II " ~ Ii t'l ,Ii , ~ I~~~ § ê j j II . , IS;.!! !¡ ð ~ ii f Hnl ¡ h 8 j . J , ¡ I I' " ~ ¡~j'~ Î'f 2 at 1$ ( .' 8J , I "" . ~i I I. ,I . ¡ j ~ J i' , ~ J ~f ~ J ~ ~ , ~ ¡¡II, Iii ~d ; i a a i J i ~ i n ~i I ~ i ø i ~ ¡ I ~ .lIit I ~ ,.¿ I '" ~ ¡g ~ 7' , la r . J i 'I CI " I ~I, ! i I I I J f It fir' I I It I If I IF II'! hI ! i 1,' !I j , I 5 i Ul ., ~~ 1 II I í: Ilk 'I~ I ~ ). d . ! .a . ~J 'r ~ ~ I:f I . ,II . . .~ a 2J I. If I 3 I I. p I J , ~~ . J a i ," " œ f ! :', r= Ii i;i ii,f ~4, j II 11 @ i ~ r .1 II (-, II I I, ", J ~ Ii : !I ill' ,f, lid Ii g, f,. II . , " 5 I. III anf Il It I It I !J f it n ,1: Iii mi !: II II J: ~"-""" '.f,. '\ h EXHIBIT D Woodpenn Subdivision PP-05-022, CUP-05-030 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J,2 and 12-3-5.D of Meridian City Code 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; This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned L-O (Limited Office). In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant has proposed extensive landscaping for the site, including a larger than required land use buffer separating this development from the adjoining residential neighborhood to the west. . "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) This is an infill development site and is readily serviceable by City of Meridian's sanitary sewer and water systems. Meridian Fire and Police have commented that they can serve the property. . "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses. (Chapter VII, Goal I, Objective B, Action item 5) D. The subject property is zoned L-O (Limited Office) and provides a low impact transition from the C-G zoned properties to the east to the residential properties to the west. City Council finds that if the Commission and Council grant the Applicant the requested modifications with the CUP/PD, and the Applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision would be in general confonnance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; The subject site has adequate access to SW 5th Avenue via the one proposed access point. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood, Sanitary Services Company currently provides refuse service to surrounding properties. City sewer and water services are currently available to this site via existing mains in SW 5th A venue and the common lot abutting the south property line. The applicant will be responsible to construct sewer mains to and through this proposed development. The applicant shall coordinate main sizing and routing, for any mains required to provide service, with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end ofthis report. City Council finds that the subject property can be served adequately by all essential public facilities and City services, c. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, City Council finds that the subdivision will not conflict with the capital improvement program. The public financial capability of supporting services for the proposed development; City Council finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 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, scenic or historic features in the general vicinity of this project. City Council finds that no site improvements associated with the application should damage natural, scenic or historic features in the area. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The submitted site plan depicts 86 on-site parking stalls. MCC 11-13-5.B.2 requires office uses to provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement, the applicant would be required to provide 53 parking stalls (21,000s.f building/400 = 53 stalls) on the property. MCC 11-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. MCC 11-13-4,D requires all off-street parking areas to be paved. MCC 11-13-3 requires parking spaces to be within 300-feet of the use served. MCC 11-13-4.F requires 90-degree parking stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. The applicant has depicted 20-foot long parking stalls with 6-foot sidewalks. The applicant should be required to install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot, or increase the sidewalk width to seven feet (7') and reduce the parking space length to nineteen feet (19'). Staff finds that the applicant has shown enough parking to accommodate the proposed office uses and that the parking as shown on the site plan complies with MCc. The developer of Troutner Business Park Subdivision installed the required sidewalk adjacent to SW 5th Avenue and the landscaping currently existing along the western boundary of this site. The applicant is required to provide additional landscaping within the parking areas and a lO-foot landscaped street buffer along SW 5th Avenue. The applicant should be required to place the proposed street buffer within an easement in favor of the Business Owner's Association. (See Preliminary Plat Site Specific Condition #1). Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. E. City Council finds that the site is large enough to accommodate the proposed uses and all yards (setbacks), open spaces, parking, landscaping and other features required by ordinance, B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; This site is designated as "Commercial" on the Comprehensive Plan Future Land Use Map and zoned L-O. City Council finds that if the applicant complies with the conditions included in this report, the building configurations and overall design of the development would be in general conformance with the City of Meridian Comprehensive Plan and will be in general conformance with the requirements of the Zoning Ordinance. Further, City Council finds that the development plan is consistent with the recorded zoning resolution, development agreement, and previous development approvals granted by the City for this site. See further discussion under Preliminary Plat Analysis Item "A" above. c. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; City Council finds that the proposed office buildings should be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, and office uses. Meridian City Code requires a 20 foot (20') land use buffer between the proposed office uses and the existing residential uses to the west. The applicant has shown on the plans a land use buffer that is approximately 40 feet wide, which far exceeds the requirements of the ordinance. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; I. City Council finds that the subject property can be served adequately by all essential public facilities and City services. See further discussion under Preliminary Plat Analysis Item "B" above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare, G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council does not anticipate that the proposed uses, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is not proposing to construct any new vehicular approaches int%ut of the property. ACHD considers vehicular approaches in their analysis of projects and has previously approved the access points for this parcel. City Council finds that the proposed use and associated approaches will not create interference with any traffic on the surrounding public streets. Please refer to the ACHD report for further detail on traffic issues. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the application should damage natural, scenic or historic features in the area.