HomeMy WebLinkAboutMarce Subdivision PFP-05-003
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Marce Subdivision Preliminary/Final Plat of Two (2) Commercial Lots on
1.84 Acres in a I-L Zone by James Wylie Case No(s). PFP-05-003
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.
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.
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
findings are James Wylie.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP -05-003 - PAGE 1 of 4
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 (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 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 March 3,2005 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 March 3, 2005 is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit D.
D. Notice of Applicable Time Limits
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP -05-003 - PAGE 2 of 4
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 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 ofthe 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary/Final Plat
Exhibit C: Plat Findings
Exhibit D: Final Conditions of Approval
By action ofthe City Council at its regular meeting held on the 2L.ot)...
J\ lÜj ,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED If{~ .
COUNCIL MEMBER KEITH BIRD
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP -05-003 - PAGE 3 of 4
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED ~-
Attest:
By: 1h IJ\.JY\.4 CWv\
City Clerk's Office
Dated:ß .ð5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP -05-003 - PAGE 4 of 4
EXHIBIT A
Marce Subdivision
PFP-05-003
Legal Description
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Parcel A pf Proparty Line A4jualment surver Np. ó6SS. recorded November 9,
200~ as Instrument No. 10~14<!696, of Offic al Records ancl beiaS :!.ot 1, a
portion Pf Lots 3 and 4 in Block 1 of ~tspy KRBME 8UBÐtVrSrOW, according to
~he ofUcia1 plat thereof, rUed in Book 68 of Plats at Pages 10157 t!u:u
10169, records of ~da county. Idaho and being more parliou1arly described as
follolo/s,
A p"rce1 pf 1"11<1 being a porticm of LotI! ]" 3 and 4 in Block 1 pf !Crispy Kr,,["'...
Subdivision, lying in t.he Northeast quarter of Section S, Township 3 North_,
Range 1 BaSl, Boise Meridian, Meridian, Ada County, Idaho. being more
particularly described I\ I follows.
commencing at the NOr~al!lt corner ot seption S, Township 3 North, Range 1
Ea"t, Bo1..e M..ridiim' !;hence
NPrth 89"4S':;3' Nest 35~.37 teet aløng the North line of said Section 8 ~o "
point, tbena8
SPlith 00.00'00" West. 7,8.58 feet to tho Northerly oo=e>= COlllllOa tp Lot.. 1 ""d ~
in Block 1 pt Krispy Kr~ B~division. acaordiøq tp the pftiei..! pl"t
thereof. tiled in Book S8 of Plats at Pages 10167 tbru 10169, records at Ads
County. 14ahp. lhe REAL POINT OF BaQlNNIØQ ot thie description, thence
SOUlh 00.~4' 45" W/I!8t ;¡O;¡. 00 feet along the Bast line of sa.id Lot 1 tp a pobt,
~hen"e
So»th 89O35'¡5" ¡¡..st ..long iI portiO!> pf ~hG lIIorth lin~ of Lot 3, 45.88 f..~~ to,
a point; thence
South 00°'¡4'4S' West '¡U.ov f....~ to a point on the So»th line Of "údLot 3;
thence
North 85.3S' :l.S" west :1.99.38 teet tg ¡ point 011 the Wes~ line of Lo~ 4/ ~h..nc"
Nerth 00°;!4'45" B/Ult &1009 !;he West. lin.." of Lot" 4, 3 and ¡, 450.00 feet to
~he Northlo/ðet Corner of said Lot ¡/ thence
South 89°3S'15" ¡:¡ s!: alo"9 Norlh li.ne ot s"id Lc~ 1, ¡52.50 fee~ to ~11e RJj JL,
PD1NT 01' BEGIIIINING of this desoription. '
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EXHIBIT B
Marce Subdivision
PFP-05-003
Approved Preliminary Plat
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EXHIBIT C
Marce Subdivision
PFP-05-003
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 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 "Commercial" and "Industrial".
Generally, the Commercial designation will provide for a full range of commercial
and retail uses to serve area residents and visitors.
Sample uses are listed as retail, wholesale, service and office uses. The uses of a
restaurant/Bistro are similar to the sample uses listed on Page 99 Chapter VII ofthe
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 Krispe Kreme 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.
Marce Subdivision Exhibit C
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 Councilor
Commission's attention. ACHD considers road safety issues in their analysis. No
hazardous natural features have been identified on the site.
Marce Subdivision Exhibit C
EXHIBIT 0
Marce Subdivision
PFP-05-003
Conditions of Approval
PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS
1. Sanitary sewer service to this site will be from service line extensions from
existing 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. Cover over sanitary sewer mains shall be no less than 3-feet
from finish grade to the top of the pipe. If cover is less than 3-fee from the sub-
grade to the top of pipe, alternate pipe materials shall be used per the Meridian
Public Works Department's Standard Specifications.
2. Water service to this site will be from main line extensions from existing water
mains in Krispe Kreme 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. Complete the Certificate of Owners and accompanying Acknowledgment prior to
signature on the final plat.
4. Add a note to the face of the plat stating "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
District. "
5. Per MCC 12-13-10-4, maintain the existing 25-foot wide street buffer along
Fairview Avenue. All required street buffers shall be located beyond any future
right-of-way. Show easements for all required buffers on the final plat. The
Marce or Krispe Kreme Business Owners Association shall maintain all required
landscape buffers.
6. All landscape buffers shall be constructed prior to the issuance of any Certificate
of Occupancy within the subdivision.
7. 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 Marce
Subdivision.
Marce Subdivision Exhibit D
8. A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be
submitted with the final plat application.
9. 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.
10. 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.
11. 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.
12. Compaction test results must be submitted to the Meridian Building Department
for all building lots receiving engineered backfill.
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. 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 REQUIREMENTS
1.
Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
Marce Subdivision Exhibit D
12.
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 from 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 confonn to the requirements of the Americans with
Disabilities Act.
11.
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.
The applicant shall be responsible for application and compliance with any
NPDES Permitting that may be required by the Environmental Protection
Agency.
Marce Subdivision Exhibit D
13.
The applicant shall be responsible for application and compliance with any
Section 404 Permitting that may be required by the Army Corps of Engineers.
Marce Subdivision Exhibit D