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HomeMy WebLinkAboutNorco Sub PFP 02-004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARYIFINAL PLAT FOR NORCO SUBDIVISION, LOCATED ON THE NORTH SIDE OF FAIRVIEW A VENUE, APPROXIMATELY % MILE WEST OF EAGLE ROAD, MERIDIAN, IDAHO BY: PINNACLE ENGINEERS, INC., APPLICANT. C/C 11/26/02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. PIFP 02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OFCONDmONAL APPROVAL OF PRELIMINARY/ FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on November 26, 2002, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, Brad Watson of Public Works, and Clint Boyle, appeared and testified at the hearing, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, 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 Plat Drawing described as follows, "PRELIMINARY PLAT FOR NORCO SUBDIVISION, A PORTION OF THE SE V. OF THE SW V. OF SECTION 5, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, NORCO SUBDIVISION, PRELIMINARY PLAT, JIM A KISSLER, LLC, DATE: 08-09-02 AND A HANDWRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - NORCO SUBDIVISION (PFP-02-004) - 1 DATE: 14 AUG 02, DRAWN BY: DJL, DESIGNED BY: CEB, CHECKED BY: J.G. CARPENTERP.E., PROJECT NO. C016321, SHEET PP-I, P:\A_CIVIL\COI6321_BS.dwg. 08/14/2002 02:41:41 PM, XES 8830 vellum.pc3, Pinnacle Engineers, Inc., OWNERlDEVELOPER: JIM A. KISSLER, LLC, PINNACLE ENGINEERS, INC.", and "FINAL PLAT FOR NORCO SUBDIVISION, A PORTION OF THE SE V. OF THE SWI/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, File name: P:\A_CIVIL\COI6321\dwg\COI6321_FP.dwg, HANDWRITTEN DATE: 14 AUG 02, SHEET 1 OF 2, PINNACLE ENGINEERS, INC.", Jim A. Kissler submitted for preliminary/final plat approval and which preliminary/fina1 plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive 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 Plamring Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned C-G General Retail and Service Commercial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 K] 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 PRELIMINARYIFINAL PLAT - NORCO SUBDIVISION (pFP-02-004) - 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 development within the City's Capital Improvement Program and if the conditions which are requested by the Plamring and Zoning Administrator and the Engineering Technician III are met there will be public financial capability of supporting services for the proposed development. 5. The development, ifbuilt 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. It is found that the Recommendation to City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the prelintinary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 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 The PreliminarylFinal Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR NORCO SUBDIVISION, A PORTION OF THE SE V. OF THE SW V. OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - NORCO SUBDIVISION (pFP-02-004) - 3 COUNTY, IDAHO 2002, NORCO SUBDIVISION, PRELIMINARY PLAT, JIM A KISSLER, LLC, DATE: 08-09-02 AND A HANDWRITTEN DATE: 14 AUG 02, DRAWN BY: DJL, DESIGNED BY: CEB, CHECKED BY: J.G. CARPENTERP.E., PROJECT NO. C016321, SHEET PP-l, P:\A_CIVIL\COI6321_BS.dwg. 08/14/2002 02:41:41 PM, XES 8830 vellum.pc3, Pinnacle Engineers, Inc., OWNER/DEVELOPER: JIM A. KISSLER, LLC, PINNACLE ENGINEERS, INC.", and "FINAL PLAT FOR NORCO SUBDIVISION, A PORTION OF THE SE V. OF THE SW1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2002, File name: P:\A_CIVIL\COI6321\dwg\COI6321_FP.dwg, HANDWRITTEN DATE: 14 AUG 02, SHEET 1 OF 2, PINNACLE ENGINEERS, INC.", has been submitted for preliminary/final plat. 1. The conditions of Staff pertaining to the PreliminarylFinal Plat comments are as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, dated September 30, 2002, listing 3 Site Specific Comments - PreliminarylFinal Plat, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of three (3) pages, and by this reference incorporated herein, with the additional requirements from the City Council from their meeting of November 26, 2002, and the requirements are as follows, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Complete the Certificate of Owners and accompanying Acknowledgment. 2. Record the proposed cross access and ingress/egress easement with the declaration of Covenants, Conditions, and Requirements prior to the City's signature on the Final Plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - NORCO SUBDIVISION (pFP-02-004) - 4 3. All existing easements lying within the boundaries of this subdivision shall be noted on the Final Plat. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Provide the District with a copy of a recorded cross access easement for all three of the proposed lots within this development to access the public street via the two existing driveways on Fairview Avenue, as proposed. 2. Utilize an existing 40 foot wide driveway on Fairview Avenue located 190 feet east of the west property line. 3. Utilize an existing 30 to 35 foot wide driveway on Fairview Avenue located adjacent to the east property line. 4. Other than the access points specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 5. Comply with all Standard Conditions of Approval. Standard Conditions of ADoroval 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 year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 ofIdaho shall prepare and certifY all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY /FINAL PLAT - NORCO SUBDIVISION (pFP-02-004) - 5 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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verifY all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. 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 387-6190 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 of 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 confirmation of any change from 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 ofthe 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire flow as required by the 1997 Uniform Fire code Appendix III-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall have corners with a minimum ofa 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. All occupancies will have to meet the separation requirements of the Uniform Building Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - NORCO SUBDIVISION (PFP-02-004) - 6 D. Adopt the Recommendations of Central District Health Dept as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idalto Department of Health & Welfare, Division of Environmental Quality. 2. Run-offis not to create a mosquito breeding problem. 3. . Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. 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. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - NORCO SUBDIVISION (PFP-02-004) - 7 By action of the City Council at its regular meeting held on the :Me ef;1./~ , 2002. lo/f--. . day of By: ~~:. ROBERT D. CORRIE - Mayor, City of Meridian Copy served upon Applicant, the Plamring and Zoning Department, Public Works Department and City Attorney. By: dI~~.k6-..:)u St City Clerk y . Dated: / j!.. -10 - tJ 2-- Z:\Work\M\Meridian\Meridian 15360:M\Goldst.one Center Condo's PFP02-003\PreLimPlatFinalPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT - NORCO SUBDIVISION (pFP-02-004) - 8 --~. " :1 MAYOR Robert D. Corrie HUB OF TREASURE V ALLEY A Good Pl.ce to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William LM, Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533, FAX 888-6854 MEMORANDUM: September 30, 2002 To: Mayor, City Council and Planning & Zoning Commission David McKinnon, Planner II 't--.JA cd Bruce Freckleton, Senior Englffi;'e~g Tech ~ RECEIVED OCT 1 0 2002 From: Re: Norco Subdivision City Of Meridian _City Clerk Office . PreliminarylFinal Plat Approval of a Three (3) Lot Subdivision on 5.5 Acres in a C-G Zone, by Pinnacle Engineers, Inc (File No. PFP-02-004). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, Pinnacle Engineers, Inc., has applied for Preliminary/Final Plat approval of a three (3) lot commercial (C-G) subdivision on 5.5 acres of land located on the north side of Fairview Avenue, approximately '}.\ of anile west of Eagle Road. The site presently consists of a 21,200 square foot retail/warehouse (Norco) located on Lot 2, Block 1, and a 24,500 square foot retail/office/restaurant strip mall locate on Lot 3, Block 1 of the proposed subdivision. The recently approved Sonic Drive-in restaurant will be constructed on Lot 1, Block 1 of the proposed subdivision. Landscaping, irrigation, sanitary sewer & water services, and other required subdivision improvements have already been installed or constructed on site. Minimum parking requirements for each building will be met by the parking provided on each individual lot. LOCATION The property is located on the north side of Fairview Avenue, approximately % of a mile west of Eagle Road. SURROUNDING PROPERTIES North: Dove Meadows Subdivision, zoned R-8. PFP-02.Q04 E.J\:h:f 'fit' lot3 NorcoSubdivi$ion. .PFP ~".1 Planning & Zoning Commission/Mayor & City Cotmcil September 30, 2002 Page 2 South: Rural residential, zoned R-l (Ada County). West: Commercial property (Chevron, Fred Meyers, strip malls) zoned C-G. . East: Vacant land, zoned R-I and RUT (Ada County). PRELIMINARY PLAT FINDINGS AND REOUlREMENTS 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 [mds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement . program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the develcpment will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT 1. Complete the Certificate of Owners and accompanying Acknowledgment. 2. Record the proposed cross access and ingress egress easement with the d ec1aration 0 f Covenants, Conditions and Requirements prior to the City's Signature on the Final Plat. 3. <JTap!:lieaJly a"Fliettil1 existing e~ements lying within the boundaries ofthis subdivision.Ua..U... be, . ~ ~-f:it, =1~ P~. Exh:ltif 'AM .aci! PFP-02.004 NorooSubdivision.PFP --',' Planning & Zoning Comrnission/Mayor & City Council September 30, 2002 Page 3 RECOMMENDATION Staff recommends approval of the proposed preliminary/final plat, with the aforementioned findings and conditions. 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