HomeMy WebLinkAboutPorky Park Subdivision RZ-05-009 PP-05-026
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter ofVJ Joint Ventures, A Request for a Rezone of 4.5 acres from I-L to C-G
zone and a Preliminary Plat for 15 commercial and industrial lots.
Case No(s). RZ-05-009, PP-05-026
For the City Council Hearing Date of: August 16, 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 August 16, 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 a public hearing 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
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(S). RZ-O5-009, PP-O5-026 - PAGE] of 4
verified that the property owner(s) of record at the time of issuance ofthese
findings are VI Joint Ventures, Ronald Van Auker.
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibits C and D for the findings required for each type of 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 (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 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, Stamped by Todd R.
Waite on May 19 2005 the Preliminary Plat Dated May 18, 2005 as shown in Exhibit
B, and Site Specific and Standard Conditions of Approval in Exhibit E.
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 rezone as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit E.
D. Notice of Applicable Time Limits
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-009, PP-O5-026 - 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 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 [mal 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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description - Survey
Exhibit B: Approved Preliminary Plat
Exhibit C: Findings Zoning/Rezone
Exhibit D: Findings Preliminary Plat
Exhibit E: Standard and Site Specific Conditions of Approval
BÀ action of the City Council at its regular meeting held on the ~ day of
\\.3U<',l. ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED-----Lf-O-
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED ~ru:.,
COUNCIL MEMBER KEITH BIRD
VOTED ---LY- Q.. ,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-009, PP-O5-026 - PAGE 3 of 4
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
BY'
City Clerk's Office
Dated: 6\.1-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-009, PP-O5-026 - PAGE 4 of 4
EXHIBIT A
Porky Park RZ-OS-OO9
Legal Description/Survey
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Meridian, - 83642
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P.N. 2242
May- i9. 2005
REZONE FROM lL TO CO DESCRIPTION FOR
PORKY PARK SUBDMSION
A pan:eI ofbmd located ÎII tJ.: bib III ofSedion 9, T.3N_, RtB., B.M.. Meridian. Ada Comrty,
Idaho, and beÎIIg """" panicaIuIy cIe8cribed II muo...,
ConImo:nçing at the w... 1/4 «nor ofsaid s..:tioo 9. Ûœ1 MIieh 1110 Soudnvcd -- of aid
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Fine A"". fur a disIanœ of30U1 "110. REAL POINT OI18EG1NN1NG;
thoDco> 00I1IÎauiIIg N 89"10'47" B a1<q¡1he Nooh boIIIIdary ofsoid SouIh 112, alia beíngthc:
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a paIÌIIt ... the North boandIIy fIl c--.. PId: Subdivisioa as randed ÍD ... 4S of PIIIII,
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Porky Park Subdivision
Exhibit A
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EXHmIT B
Porky Park Subdivision
PP.O5-026
Prelimina tat
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EXHIBIT C
Porky Park Subdivision
RZ-05-009
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the following
standards and shall find adequate evidence answering the following
questions about the proposed zoning amendment (11-15-11)..
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
This property is designated "Mixed Use - Regional" on the Comprehensive Plan
Future Land Use Map. The Mixed Use comprehensive plan designations provides
for a combination of compatible land uses that are typically developed under a
master or conceptual plan. All development within this designation will occur
only under the Conditional Use Permit process, except the Mixed Use-Regional
(see below), Where mixed use developments are phased, a conceptual site plan for
the entire mixed use area is encouraged with the development application or,
depending on the scope of the development, prior to a fonnal development
application being submitted,
The following standards will apply to this category:
No upper limit of non-residential use,s Over 200,000 sq. ft, of non-residential
building area; CUP application would not be needed unless a project lies within
300 feet of an existing residence or school or CUP is otherwise required per
ordinance; Residential density of 3 to 40 units/acre. Sample uses include: All
MU-N and MU-C categories, entertainment uses, major employment centers,
clean industry,
Meridian City Code (MCC) 11-7-2.1. states the purpose of the C-G district is "to
provide for a review of the impact of proposed commercial uses which are auto
and service oriented and are located in close proximity to major highway or
arterial streets; to fulfill the need of travel-related services as well as retail sales
for the transient and permanent motoring public." The following Comprehensive
Plan policies also support the annexation and proposed retail/fuel service use:
. "Permit new. . .commercial developments only where urban
services can be reasonably provided at the time of final approval
and development is contiguous to the City." (Chapter IV, pg, 26,
Goal I, Obj. A, #6)
Porky Park Subdivision
Exhibit C
Sanitary sewer, municipal water, solid waste and other services
exist to this area of Meridian.
.
"Require all new parking lots to provide landscaping in internal
islands," (Chapter V, pg. 43, Goal III, Obj. D, #3)
The Site Plan submitted with the CUP application for this
property shall show internal planters, as required.
.
"Locate new community commercial areas on arterials, . .near
residential areas in such a way as to complement with adjoining
residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3)
The proposed commercial uses are located closest to the
intersection of a minor arterial roadway and a state highway.
A 25-foot wide street buffer is shown along Pine Ave and a 35-
foot wide street buffer is shown along Eagle Road SH55,
designed in part to mitigate potential negative impacts upon
the vehicular traffic on Eagle Road.
.
"Restrict curb cuts and access points on collectors and arterial
streets," (Chapter VII, pg. 107, Goal IV, Obj. D, #2)
Access to Pine Ave, including right-in/right-out and shared
accesses allowing travel towards the west/Eagle Road are
subject to the conditions of ACHD. A cross access agreement
within the properties at the future property boundaries will be
required so the cuts can be shared with adjacent development.
In addition, access to Eagle Road is prohibited in compliance
with lTD.
Staff finds that the requested General Commercial (C-G) zoning designation is in
accord with the Comprehensive Plan, the Future Land Use Map, and the Mixed
Use-Regional designation,
B.
Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff finds that the proposed rezone and accompanying development plans
comply with the requested zone and staff does not anticipate that the property will
be rezoned in the future, The properties requesting commercial zoning meet the
requirements of a commercial/retail comprehensive designation and are adjacent
to an existing commercial development to the north, The industrial use
development east of the commercial phase is consistent with the development of
warehousing and wholesale production and sales which are located to the south of
the property. A Master or Concept plan for the 27,59 acres has been submitted
consistent with the development agreement for the rezone of the Jacksons Food
store (RZ-05-004) to address the future of rezoning on the subject property,
3
F.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that the applicant has submitted detailed development plans for the
mixed uses on the property. Staff further finds that the convenience store use,
proposed hotel, and proposed light industrial businesses are allowed within the
appropriate zoning designations in this mixed use area.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the immediate vicinity is a mix of undeveloped parcels that are
designated for a mix of uses in the future, existing urban density residential uses
(Meridian Crossroads), and property annexed and zoned as commercial and
industrial property. The southwest corner of Eagle and Pine (approx. 62 acres)
was annexed and zoned C-G (General Commercial) in February 2005 as part of
the Ten Mile Development planned development. Immediately south of the parcel
is an industrial subdivision with warehousing/sales/various industrial uses, The
widening of Pine Avenue to five lanes, the construction of the middle School east
of the site, the signalization of the intersection, and the Eagle/I-84 on ramp are all
indicators of a need for a mix of commercial services in the area. The proposal is
consistent with adjacent uses in the City of Meridian and to the east in the City of
Boise,
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
Staff finds that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood.
The approved retail/fuel service/auto washing facilities on proposed Lot 1, Block
1 are listed uses in harmony with the intended uses in the C-G district and
received approval on May. The eastern edge of the proposed Jacksons Food Store
development (Pine Ave western entrance driveway) is approximately 207 feet east
of the 2-acre site, requiring a cross access agreement to be entered into. The
application does not indicate potential future uses on the eastern remainder of the
27,59 acre parcel. However, any future use will be consistent with the existing
zoning or only allowed through a public hearing/CUP or platting process in
compliance with the Future Land Use Map. The landscaped street buffers,
lighting standards and building setbacks as required by the Zoning Ordinance are
intended to ease impacts of these commercial and industrial uses on nearby
residences.
Will not be hazardous or disturbing to existing or future neighboring uses;
4
J.
Staff finds that the requested annexation and zoning to C-G should not be
disturbing to existing or future neighboring uses. Any future change of use on the
property that may have a significant impact on the surrounding properties will
require conditional use approval under current ordinances, and adjoining property
owners will have an opportunity to comment.
Staff anticipates that the proposed commercial use will not be hazardous or
disturbing to the neighboring uses as long as lighting and noise ordinances are
adhered to. The Commission and Council should consider all public testimony,
oral and written, before making this finding.
G.
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
service;
Staff finds that the proposed uses can be adequately served by all essential public
services and facilities. Drainage will need to be retained on site.
H.
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;
Staff finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to the economic welfare
of the community.
I.
Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed C-G zoning of the property does not inherently allow
uses that will generate activities, processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community. Permitted uses in the
C-G zone include gas stations facilities, banks, professional offices, clinics, dry
cleaning, hotels, restaurants and retail stores. However, as noted above, all future
uses will require a mix of use applications consistent with the Future Land Use
Map. Future uses and/or platting will allow for public testimony and site specific
conditions, if necessary, to mitigate uses that may be detrimental to any persons,
property or the general welfare.
Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
5
The accompanying Preliminary Plat application shows vehicular access to the
property via existing curb cuts that have been authorized by ACHD. The property
owner negotiated the locations and design of these ingress/egress points to Pine
Ave with ACHD and access points may change slightly through the platting. To
help prevent interference with westbound Pine Ave traffic and southbound Eagle
Road traffic, left turns are prohibited out of the site, unless at the designated
access.
The applicant has shown a public roadway connection ITom the south border of
the project to connect Commerce Street with Pine Avenue. Staff supports this
location and connection in compliance with Preliminary Plat special consideration
#2.
The project is in compliance with ITD and the Meridian Comprehensive Policies
on access to principle arterials, no direct access to Eagle Road will be allowed,
Please see the ACHD and ITD reports for more information regarding vehicular
approaches and traffic,
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic features will be lost or damaged by the
project.
L.
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed annexation would be in the best interest of the City
by increasing the supply of land zoned for neighborhood and vehicular oriented
commercial/retail uses North of I-84. The proposed zoning complies with the
Future Land Use Map, is not proposing any variances or exceptions to Meridian
City Code and will allow for the commercial improvement of land at a high
visibility intersection and industrial uses consistent with existing uses away from
the commercial corridor.
6
EXHIBIT D
Porky Park Subdivision
PP-O5-026
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."
Generally, the Mixed Use designation will provide for a combination of compatible land uses
that are typically developed under a master or conceptual plan. Sample uses are listed as
entertainment, clean industry, and major employers. The uses of Office/Retail closest to
Eagle Road are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City
Comprehensive Plan. The uses of warehouse and wholesaling on the remaining lots are also
consistent with the underlying zoning designation and mixes of uses.
The proposed retail uses within the subdivision are permissible in the requested zones of the
MCC (11-8-1.) Therefore, Staff finds that the proposed subdivision is in compliance with the
Comprehensive Plan and will not require further conditional approval if developed as
presented.
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 in Pine A venue. The 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 financial capability of supporting services for the proposed development;
Porky Park Subdivision
Exhibit D
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 envirorunental 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 E
Porky Park Subdivision
RZ-05-009 PP~05-026
Standard and Site Specific Conditions of Approval
SITE SPECIFIC COMMENTS (Rezone)
1.
The legal description submitted with the application is accurate, places the
property contiguous to existing city limits, and meets the requirements of the City
of Meridian and Idaho State Tax Commission, The legal description of the C-G
zone is on the plat listed as Lots 1-3 of Block 1, Porky Park Subdivision.
Stamped by Todd R,Waite, PLS May 18, 2005,
2,
The subject property is within the Urban Services Planning Area.
SPECIAL CONSIDERA TIONS-PRELIMIN ARY PLAT
1. The applicant shall maintain compliance with existing approvals for the
conditional use approval of the Jacksons food store on proposed Lot 1 Block 1,
AZ-05-004, CUP-05-009 and all applicable conditions of approval for the
commercial lots in a mixed use development.
2, Construct a north-south public road at the end of Commercial Court to intersect
Pine Street. The roadway location should be approved as proposed. Construct
the roadway as a 40-foot local/commercial street section with vertical curb, gutter
and 5-foot wide concrete sidewalk, within 54-feet of right-of-way.
PRELIMINARY / FINAL PLAT SITE SPECIFIC CONDITIONS
1. Sanitary sewer service to this site is being proposed ITom existing 6-inch stubs run
in during the E. Pine Street road project to all lots except Lot 7, Block 1 and Lot 2
Block 2. Six inch pipe can not be used for main line purposes, therefore the
aforementioned lots are not sewerab1e at this time and will be subject to sanitary
sewer restrictions until such time as sewer is made available to them. The
applicant shall be responsible to install all mains necessary to serve this project,
main size and routing to be coordinated with Public Works. The applicant shall
execute City of Meridian standard forms of easements for any mains necessary to
provide service.
2. Water service to this site will be ITom main line extensions from existing water
mains in Pine Avenue. 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
Porky Park Subdivision
Exhibit E
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 a 25-foot wide street buffer along Pine 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 Porky Park Business
Owners Assoeiatiofl shall maintain all req1;1ireà landscape buffers.
4. All landscape buffers shall be constructed prior to the issuance of any individual
Certificate of Occupancies 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 Porky
Park Subdivision.
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 from 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:
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, The Preliminary Plat dated 5/19/2005, Sheet PP-1 drawn by Todd R. Waite,
Claiborn - Waite Consulting, LLC is approved with the comments and
considerations contained within this report.
10. The Preliminary Site/Landscape Plan (Sheet PL-l, by G-Jenson.)is approved with
the following considerations:
a. The final landscape plan must match the approved landscape plan as
required by CUP-05-012 for the Eagle Road and Pine Avenue intersection.
b. The future public road, indicated between Blocks 1 and 2 shall include
right of way landscaping consistent with MCC 12-13,
c. All future projeçts will be required to submit an internal landscape plan
with Certificate of Zoning Compliance applications.
Porky Park Subdivision
Exhibit E
11. The applicant has not proposed a pressurized irrigation system. M.C.C. 12-5-2-N
requires all new subdivisions to provide underground pressurized irrigation to all
lots within a new subdivision. The City of Meridian requires that pressurized
irrigations systems be supplied by a year-round source of water. If a creek or well
source is not available, a single-point connections to the municipal water system
shall be required. If a single-point connection is used, 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 REOUIRE~
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 fire hydrants. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior
to commencing installations,
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 oflandscaped 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.
All storm and drainage water must be retained on site. 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
Porky Park Subdivision
Exhibit E
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.
Show all existing and proposed easements for irrigation/drainage facilities located
within the boundaries of this proposed development.
9.
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.
10.
Provide five-foot-wide sidewalks throughout development in accordance with
City Ordinance,
11.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
12.
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.
13.
Applicant shall be responsible for application and compliance with any NPDES
Permitting that may be required by the Environmental Protection Agency.
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.
The applicant's engineer shall be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation,
SPECIAL CONSIDERATIONS
1.
2.
Signage: MCC 11-14-10 (Table D) allows a maximum of one, 15-foot high sign
per street ITontag:e. Also, MCC 11-14-9-D.3 requires the signs be located "as near
the primary access driveway as practical."
Roadway connection: The plat includes an undefined lot between blocks 1 and 2.
The lot should be platted as a public right of way for future dedication and
connection through to Commerce Street.
Porky Park Subdivision
Exhibit E
3.
Landscapine:: The applicant shall work with staff to install the required
landscape buffers on an individual basis through the Certificate of Zoning
Compliance process. All required buffers must match the approved
landscape plan to be submitted prior to signature of the final plat for Porky
Park Subdivision.
MERIDIAN FIRE DEPARTMENT
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 pennits.
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. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4, Fire lanes and streets shall have a vertical clearance of 13 '6". This includes
mature landscaping.
5. 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.
6, 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
20' wide. Streets with less than a 29' street width shall have no parking. Streets
with less than 33' shall have parking only on one side, These measurements shall
be based on the face of curb dimension.
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.
Porky Park Subdivision
Exhibit E
8, The 15 industrial/commerciallots 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. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support, The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles ITom a given location and sufficient
operational funds to staff the facilities,
10, The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer
11, Maintain a separation of 5' from the building to the dumpster enclosure.
12, Provide a Knoxbox entry system for the complex prior to occupancy.
13. The first digit of the Apartment/Office Suite shall correspond to the floor level.
14. The applicant shall work with Planning Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection(s).
15. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
16. Provide exterior egress lighting as required by the International Building & Fire
Codes.
17. 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).
Porky Park Subdivision
Exhibit E
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).
18. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire
sprinkled.
19. There shall be a fire hydrant within 100' of all fire department coIDlections.
20. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D I 05.
ACHD SITE SPECIFIC CONDITIONS OF APPROVAL
1.
Construct a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide
landscape strip, or construct a 7-foot wide attached concrete sidewalk, abutting
the site on Pine Street. Provide a sidewalk easement for sidewalk located outside
of the right-of-way.
2.
No new Pine Street approaches (driveways or streets) are approved with this
application, with the exception of the location for the proposed street connection
to Commercial Court, Provide cross access agreements throughout the
subdivision to allow multiple access points to Pine Street and the proposed public
roadways.
3,
Construct a north-south public road located approximately 400-feet west of the
east property line as proposed
4.
Construct a north-south public road at the end of Commercial Court to intersect
Pine Street. The roadway location should be approved as proposed. Construct
the roadway as a 40-foot local/commercial street section with vertical curb, gutter
and 5-foot wide concrete sidewalk, within 54-feet of right-of-way,
5.
Close the existing curb return adjacent to the proposed north-south public street
with standard curb and gutter to match existing improvements.
6.
Access to the proposed north-south roadways shall be located a minimum of 50-
feet south of Pine Street.
7.
Other than the access points specifically approved with this application, direct
access to Pine Avenue is prohibited and shall be noted on the final plat.
8,
Comply with requirements of ITD for the Eagle Road (SH 55) ITontage. Submit
to the District a letter from ITD regarding said requirements prior to District
approval of the final plat or issuance of a building permit (or other required
Porky Park Subdivision
Exhibit E
9.
permits), whichever occurs first. Contact District III Traffic Engineer Dan
Coonce at 334-8340.
9.
Comply with all Standard Conditions of Approval.
A CHD Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details,
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans,
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-
Porky Park Subdivision
Exhibit E
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confinnation of
any change :fi-om the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Sanitary Services Comment:
1, Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
Police Deoartment Comment:
1. The Police Department has no concerns related to the site design submitted with
the application.
Parks Deoartment Comment:
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
Porky Park Subdivision
Exhibit E