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HomeMy WebLinkAboutMallane Commercial Complex PP-00-021BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-20-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR MALLANE COMMERCIAL COMPLEX, BY: THE LAND GROUP, INC. APPLICANT. Case No. PP-00-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 20, 2001, and Shari Stiles, Plamxing and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Russ Hepworth of The Land Group, Inc., and no one appeared in opposition, and the City Council having received a report from Bruce Fred&ton, Engineering Technician III, and Steve Siddoway, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "CONCEPTUAL LAYOUT, MALLANE COMMERCIAL COMPLEX CONCEPTUAL LAYOUT, MERIDIAN, IDAHO, A Commercial Subdivision, A Resubdivision of Lot 1, Block 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC, / MALLANE COMMERCIAL COMPLEX / (PP-00-02 i) of Angel Park Development Subdivision, Recorded as Warranty Deed Instrument Number 97019391, Located in a portion of the SW 1/4, SE1/4, Section 5, T.3N., R. 1E., B.M., Meridian, Ada County, Idaho, 2000, Project Number: 99157, Designed By: MRURTH, Drawn By: RTH, Issue Date: 1-11-01, and stamped RECEIVED JAN 11 2001 CITY OF MERIDIAN CITY CLERK OFFICE, Sheet Title: Conceptual Layout, Hubble Engineering, Inc., for Mallane Cominercial Complex", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Cmnprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Limited Office District (L-O), and requires connection to the Mtmicipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-O0-021) - 2 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. Iris found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "CONCEPTUAL LAYOUT, MALLANE COMMERCIAL COMPLEX CONCEPTUAL LAYOUT, MERIDIAN, IDAHO, A Commercial Subdivision, A Resubdivision of Lot 1, Block 1 of Angel Park Development Subdivision, Recorded as Warranty Deed Instrument Number FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-00-021) 97019391, Located in a portion of the SW 1/4, SE1/4, Section 5, T.3N., R. 1E., B.M., Meridian, Ada County, Idaho, 2000, Project Number: 99157, Designed By: MRL/RTH, Drawn By: RTH, Issue Date: 1-11-01, and stamped RECEIVED JAN 11 2001 CITY OF MERIDIAN CITY CLERK OFFICE, Sheet Title: Conceptual Layout, Hubble Eng/neering, Inc., for Mallane Commercial Complex". 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 AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "CONCEPTUAL LAyouT, MALLANE COMMERCIAL COMPLEX CONCEPTUAL LAYOUT, MERIDIAN, IDAHO, A Commercial Subdivision, A Resubdivision of Lot 1, Block 1 of Angel Park Development Subdivision, Recorded as Warranty Deed Instrument Number 97019391, Located in a portion of the SW 1/4, SE1/4, Section 5, T.3N., R. 1E., B.M., Meridian, Ada County, Idaho, 2000, Project Number: 99157, Designed By: MRURTH, Drawn By: RTH, Issue Date: 1-11-01, and stamped RECEIVED JAN 11 2001 CITY OF MERIDIAN CITY CLERK OFFICE, Sheet Title: Conceptual Layout, Hubble Engineering, Inc., for Mallane Commercial Complex", is hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-00-021 ) - 4 conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 2.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. I 1- 13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 2.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-00-02 !) 2.8 2.9 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Submit letter from the Ada County Street Name Conunittee, approving the subdivision and street names. 2.11 2.12 2.13 2.14 2.15 2.16 Coordinate fire hydrant placement with the City of Meridian Public Works Department. Assessment fees for water and sewer service are determined during the building plan review process. Sanitary sewer service to this site shall be via extensions from existing mains installed in adjacent developments. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Water service to this site shall be via extensions from existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall 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. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa Sc Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-O0-02 I) - 6 irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. 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 culinary 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. 2.17 A note shall be on the face of the plat that requires a Conditional Use Permit be obtained for the development of each lot. 2.18 The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The Fairview landscape buffer be a minimum of 35-feet in width beyond the required ACHD right-of-way and constructed by the developer as a condition of the plat. The landscape buffer shall be placed within a permanent landscape easement beyond the future right- of-way and designated as such on the plat. 2.19 Hickory Way is a collector road. A landscape buffer a minimum of 20 feet in width beyond the required right-of-way along Hickory Way and constructed by the developer as a condition of the plat. The landscape buffer shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. 2.20 Meridian Subdivision & Development Ordinance #12-4-7 requires a minimum 20-foot wide screen between incompatible development features, including commercial adjacent to residential. The fact that this is also a rezone application allows the City to place increased requirements on the proposed subdivision. Increase the required buffer to 25 feet minimum adjacent to Dove Meadows Subdivision, based on the standards of the draft landscape ordinance. 2.21 A preliminary landscape plan was submitted with the application. The conceptual number and placement of trees within the street buffers, with detached meandering sidewalks and sodded berms are agreed upon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-00-021) - 7 by staff. The proposed conifer trees within the street buffers shall be replaced with deciduous tree species. Also, the landscape plan does not include the buffer required adiacent to Dove Meadows Subdivision (note conifers may be used in the buffer between land uses). A revised, detailed landscape plan shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. 2.22 A condition of the current CUP as well as the original plat of the property is to "build a masonry block wall with a ten-foot-wide planting strip adiacent to all residential areas in lieu of the 20-foot wide planting strip." The draft landscape ordinance allows the City to require a wall in addition to the buffer between incompatible land uses to further mitigate noise and/or unsightly uses. The proposed concept plan shows the back side of a large retail building (that could potentially include loading docks, trash enclosures, etc.) adjacent to the existing residences. A masonry block wall is required adjacent to all residential areas in addition to the 25-foot landscape buffer. 2.23 Each lot shall be required to meet their own individual parldng requirements within the boundaries of their own lot. Staff notes that Louie's restaurant is required to have 51 parldng spaces and 52 spaces are shown within the boundaries of their proposed lot, and would be in compliance with this requirement. All lots within the subdivision shall have an ingress-egress cross access agreement. Adopt the Recommendations of the Ada County Highway District as follows: 2.24 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.26 The existing driveway on Fairview Avenue, located approximately 500- feet west of Hickory Way is approved with this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-O0-021 ) - 8 2.27 Construct driveways on Hickory Way to align with existing driveways on the east side of Hickory Way. Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Hickory Way with 15-foot curb radii. 2.28 Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for a share of the siga~al at Hickory Way and Fairview Avenue, prior to the issuance of any building permits on this site. 2.29 Provide a recorded cross access easement for all of the lots within the subdivision, and to the outparcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). This access agreement was recorded on the plat for Angel Park Subdivision, and should also be noted on the current plat. 2.30 Construct a 5-foot wide concrete sidewalk on Hickory Way abutting the entire site. Coordinate the location and elevation of the sidewalk with District staff. 2.31 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the entire site. Locate the sidewalk 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 2.32 Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.33 Other than the access points specifically approved with this application, direct lot or parcel access to Hickory Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Meridian Fire Department as follows: 2.34 All codes, fire hydrants, and fire water flows shall be met. Adopt the Recommendations of the Central District Health Department as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC, / MALLANE COMMERCIAL COMPLEX / (PP-00-021 ) - 9 follows: 2.35 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.36 Run-off is not to create a mosquito breeding problem. 2.37 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.38 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Sanitary Service Department as follows: 2.39 Applicant shall specify enclosures. Building #2 blocks access to the containers for Louie's Restaurant, and therefore, further designs shall be made. By action of the City Council at its regular meeting held on the 67~ff~ day of ,./~~ , 2001. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-00-021 ) I0 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: m sg/Z:\Wo r k~Vl~VIeridianhM er[dian 1 $ 360MhMallane Commercail Complex RZ007 PP021 qfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY THE LAND GROUP, INC. / MALLANE COMMERCIAL COMPLEX / (PP-00-021 ) 1!