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HomeMy WebLinkAboutMonica Subdivision PFP-05-002 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Preliminary/Final Plat approval for three (3) commercial building lots on 3.60 acres in an I-L zone for Monica Subdivision, by B2 Investments, LLc. Case No. PFP-05-002 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 matters were duly considered by the City Council at the July 26, 2005, public hearing. 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 ofthe 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 recommendation for approval to 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O5-002 - PAGE 1 of 4 verified that the property owner of record at the time of issuance of these findings is B2 Investments, LLC. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for the Preliminary/Final Plat application. 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 3/29/05 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 3/29/05 is hereby conditionally approved; CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O5-002 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. 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 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 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. E. Exhibits Exhibit A: Exhibit B: Legal Description Approved Preliminary Plat (3-29-05, with conditions) Exhibit C: Preliminary/Final Plat Conditions of Approval (all agencies) Preliminary/Final Plat Findings Exhibit D: By action ofthe City Council at its regular meeting held on the ~, 2005. :;)LÞ1'h day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. PP-O5-002 - PAGE 3 of 4 Attest: By: City Clerk's Office Dated: R# \ -05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER CASE NO. PP-O5-002 - PAGE 4 of 4 EXHIBIT A Monica Subdivision PFP-05-002 Legal Description B & A Engineers, Inc. Consulting Engineers & Surveyors 5505 W. Fr<lnklin Hr!. Boise. Ie!. 83705 Ph. 20A'34.1'.lH~ I Fax 208342-5792 Boundary Description Monica Subdivision A parcel o[ land situate in the southeast 4uarter u[ Sectiun II, Township 3 North, Range I West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rebar marking the southeast comer of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian~ Thence Nooo58'55"W, I ,301.60 feet along the east boundary of said southeast quarter and the centerline of North Linder Road; Thence S89°00'52"W, 48.00 feet to the west right-of-way line of said North Linder Road, the POINT OF BEGINNING: Thence 800°58' 55"E, 362.28 feet along said west right-of-way line; Thence S89°00'57"W, 235.69 feet; Thence SOo058'55"E, 182.50 feet; Thence S89°00'5T'W, 314.70 feet; Thence NOI °00'50"W. 364.98 feet; Thence NOOO56 '26"W, 184.46 feet; Thence N89°30'O5"E, 550.49 feet to the POINT OF BEOfNNTNG. The above-desçribed parcel contains 5.93 acres, more or less. EXHIBIT B Monica Subdivision PFP-05-002 Preliminary Plat .....~u~"""-",'~.~..-'-". ' "----"'",'","-"""",'""'",, , ----~_..~.,,_.~' "'-',...._------",.._...._-"--------"",. ."""""""'-_...._'----""-"~.."..._'-"'--"".!, -""', '" ",' ""'... ..... I -",- I;' r 1 I' ¡~NO I'; I .', I:;;:;,-:,,",':fi~"',',:'rl::;";,ï .', I "--"".-"..:;;.;- " ~ ""---,-,/',",, :"~~,;,:,,~~,- '" -';,-",--,,--- q ".. ì; .. .. " .. '. -~ ~~I![ ïï - -- 'm-l ~ ¡ ii' :; ill I' '£Î II 'if i' ~d í~i I. {, i!! '~~Jf ',-î:I;'¡~ ~I¡II~ 1:,11 "",t ,JI:d~JP!! ~i14 j'¡'--O¡ ,,=, 1'1 ! ¡ i ¡ ',~ ~ I ! ~il - ! I I.I;!'" a!I¡'¡~;' U¡' ,,' , ' "'~" .! i¡;I~.h; !;,-!!~I , ~ Ii ,~" . tl ,I' ¡r1'¡ji r' , ¡ r wll[ : "'.... '¡ -,// : ~---'"_:"~:;~: I : , , i ~. """" " ¡ r- ¡-1 ",,'" "'----""-"\ , ~ 1'1 \ ~ ~ 'ii \u ,_u,,---,_..., , '" "'. " , î " ,. "I '1-"-1 t_-~,---____~_I " ..... ! ..""- "...._--",-" - '-""- """,-,---,-,.., - ------- ~--~:'~J i¡~¡ , I!: I ,""co'~""I~l"r:; 'Ilill""'" f I,' I: ~ ¡ilmIllHI' ! ! ;jliiiP¡U¡ I Î ! ¡ ill I I~ lit ¡ , ~ '" 1¡1:¡¡li¡~!:~!~!! ¡i'i" ?"~<.'" '!j¡n'i:i~jil II! f '! I;';' " < ¡ ~ J[""-"-"'--~DI-"""-'-'-' , P,dj"WIouy Plat ~;;;;~~~~~~~'-~':'v~. .. - ~.;~i~,:.e:'.;,!.~' : ------- ~~=-~:'.~::.~ ."--""-",,,=:;:;:',:::::'-_.....J EXHIBIT C Monica Subdivision PFP-05-002 Conditions of Approval SITE SPECIFIC CONDITIONS (pRELIMINARY PLAT/FINAL PLAT) 1. Water service to this site shall be via service line extensions from the existing mains adjacent to the property. Applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. Sanitary sewer service to this site will be via main line extensions to an existing main adjacent to the property. The applicant shall coordinate main sizing and routing with City of Meridian Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Sewer and water each need lO-feet of easement, on each side of the pipe, additionally there needs to be 10-feet of separation between sewer and water per D.E.Q. regulations, Therefore the graphically depicted 20-foot wide sewer and water easement that runs east/west through the middle of this project shall be enlarged to 30-feet wide. 4. City of Meridian requires water mains not located in the right-of-way to be centered in 20-foot wide easements. The applicant shall graphically depict on the face of the plat a 20-foot wide water easement where a 10-foot wide easement is shown. Said easement is located approximately 83 feet from the eastern property line that abuts N. Linder Road. 5. The preliminary plat indicates that a warehouse is going to be built over an existing water stub. The water stub will have to be abandoned back to the main. 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The applicant proposes connection to City of Meridian potable water system as the only source for irrigation. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable areas prior to signature on the final plat by the City Engineer. 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 8. Other than the access point specifically approved on N. Linder Road with this application by ACHD, direct lot access to N. Linder Road is prohibited. 9. Required landscape buffers/street improvements developer/subdivider as part of the final plat. shall be made by the 10. Make the following modifications to the final plat prior to recordation: . The applicant shall be required to place the required twenty-five foot (25') street buffer along N. Linder Road in an easement in favor of all lots in the subdivision. . Depict a cross access easement for Lots 1, 2, and 3 to utilize the new drive access to N. Linder Road. 11. Complete the CP &F number for the southeast quarter corner of section 11. 12. 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." GENERAL CONDIT~RELIMINARliLAT/FINAL PLAT) 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. 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. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Install 250-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 6. Developer shall coordinate mailbox locations with the Meridian Post Office. 7. All proposed fencing must be in compliance with MCC 12-4-10. 8. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided in accordance with ACHD requirements. 9. A note shall be placed on the final plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 10. 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. 11. Plat approval shall be subject to the expiration provisions set forth in MCC. 12. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 13. Complete the Certificate of Owners and accompanying Acknowledgment. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 16. 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. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained. Alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature, 17. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or final plat does not relieve Applicant of responsibility for compliance. OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS MERIDIAN 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 W' 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. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 6. 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. 7. 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. 8. The 3 office/commercial lots 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 2612 responses in the year 2004. 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. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 12. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 13. 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. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from 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). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D1O5. 18. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. SANITARY SERVICE COMPANY 1, Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSe. MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. EXHIBIT D Monica Subdivision PFP-05-002 Required Findings PRELIMINARY PLAT FINDINGS Meridian City Code (MCC) 12-3-3 1.2 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 Plan; City Council finds the 2002 Comprehensive Plan Future Land Use Map designates all of the subject property as "lndustria1." The purpose of the Industrial designation is "... to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services, In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and offices uses. Heavy industrial areas may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, standards for screening, landscaping, and adequate access would be developed and implemented." (See Chapter VII, pg. 99.) City Council finds that the proposed subdivision is in compliance with the Comprehensive Plan. B. The availability of public services to accommodate the proposed development; N. Linder Road, is currently included in ACHD's Five-Year Work Program (2009) and is anticipated to be 5 lanes from Franklin Road to U stick Road with curb, gutter, sidewalk and bike lanes within 96-feet of right of way. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Sanitary sewer and water mains would have to be extended into the site by the developer from N. Linder Road. 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 property proposed for development can be serviced by essential public facilities and services. C. The continuity of the proposed development with the capital improvement program; City Council finds that the subdivision will not conflict with the capital improvement program because the developer is required to install sewer, water, utilities and irrigation, for the development at their cost. D. The public financial capability of supporting services for the proposed development; The developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. City Council finds that this development will not cause excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the preliminary/final plat application, E. The other health, safety or environmental problems that may be brought to the Commission's attention. ACHD considers road safety issues in their analysis; please refer to ACHD staff report for a detailed analysis. There are no health, safety, or environmental problems to bring to the Commission's attention.