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HomeMy WebLinkAboutPresidential Subdivision P/FP-01-002BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09-11-01 IN THE MATTER OF THE ) REQUEST FOR ) PRELIMINARY/FINAL PLAT ) FOR PRESIDENTIAL ) SUBDIVISION FOR ) DEVELOPMENT OF 4 ) COMMERCIAL BUILDING ) LOTS IN THE MERIDIAN ) CROSSROADS SHOPPING ) CENTER IN AN I-L ZONE, ) LOCATED AT THE ) SOUTHEAST CORNER OF E. ) pRESIDENTIAL DRIVE AND N. ) EAGLE ROAD IN MERIDIAN, ) IDAHO ) ) ) ) ) ) BY: DAKOTA COMPANY Case No. P/FP-01-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF pRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 11, 2001, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying on behalf of the Applicant were: John Paulson and Tom Bowens, and appearing ~vith comments or concerns was Robert Corbell, and the City Council having received a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - pRESIDENTIAL SUBDIVISION / BY DAKOTA COMPANY (PFP-01-002) - ! report from Shari Stiles, the Planning and Zoning Administrator, 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, "PRESIDENTIAL SUBDIVISION, A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, SHEET 1 OF 2, FINAL PLAT2.dwg 6-11-01, QUADRANT CONSULTING, INC.", submitted for preliminary/final plat approval and which preliminary/final 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 Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned I-L Light Industrial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 I.] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAI<.OTA COMPANY (PFP-Oi-O02) -2 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 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 ~vhich are requested by the Planning 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, 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. 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 preliminary 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - pRESIDENTIAL SUBDIVISION / BY DAKOTA COMPANY (PFP-01-002) -3 are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by" PRESIDENTIAL SUBDIVISION, A PARCEL O1: LAND LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, SHEET 1 OF 2, FINAL~PLAT2.dwg 6-11-01, QUADRANT CONSULTING, INC.", submitted for preliminary/final plat. 1. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Brad Hawlcins-Clark, Planner for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III, dated July 30, 2001, listing 11 Preliminary Plat Site Specific Comments, I 1 General Comments and 2 Final Plat Site Specific Comments, and the response letter of John L. Paulson of the Dakota Company, Inc., true and correct copies of which are attached hereto marked Exhibit "A", and consisting of eight pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of September 4, 2001, and the requirements are as follows, to-wit: 1.1 The City Council's action from their September 4, 2001 meeting, shall be the revision of number 2 on page 2 of the Reco~xm~endation presented to Council from Planning and Zoning, and which number 2 on page 2 shall now read as follows: 2. Per Ordinance 12-13-7.3., an additional common lot shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAKOTA COMPANY (PFP-01-002) - 4 added along both the Eagle Road and Pine Avenue frontages to accommodate the required street landscape buffers. A Variance application has been submitted to allow a landscape easement instead of a common lot and the Commission has recommended approval of the Variance. 1.2 The City Council's action from their September 4, 2001 meeting, shall be the revision of number 10 on page 4 of the Recommendation presented to Council from Planning and Zoning, and which number 10 on page 4 shall now read as follows: 10. The Planning and Zoning Commission requests that the sidewalls along Eagle be 5' detached sidewalks from the road to create a parlcccay and then connected to the existing sidewalk location at the edge of the plat. 1.3 The City Council's action from their September 4, 2001 meeting, shall be the elimination of number 11 on page 4 of the ReCommendation presented to Council from Planning and Zoning 1.4 The Transportation Department requires before any work in done on the SH-55 right of way permits shall be needed. 1.5 No access shall be allowed from Eagle Road (SH-55). Access to this subdivision shall be off of Pine Avenue and Presidential Drive. 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; 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 PRELIMINARY/FINAL PLAT - pRESIDENTIAL SUBDIVISION / BY DAKOTA COMPANY (PFP-OI-O02) -5 By action of the City Council at its regular meeting held on the /~day of ~-~'~-/~, 2001. M~y~r, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Dated: Z:\Work~A'~vleridian~Meridian 15360M~Presidential Sub PFP01-002~ina[PlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - PRESIDENTIAL SUBDIVISION / BY DAKOTA COMPANY (PFP-01-002) -6 HC~ OF TY, FA~ VA rL~r A Good Phm ro Ur~ CITY OF MERIDIAN MERIDIAN, IDAMO 83642 MEMORANDUM: To: Re: Mayor, City Council, Planning & Zonin$ Commission Brace Fre~kleto, Assistant 1o ~Engiueer ~ Brad Hawkins-Clark, Planner t July 30, 2001 RECEIVED :i_.. j:'j,.':'i.., City o~ Meridia~ City Clerk Offico K~pezt for Preliminary/Final Plat Approval ~ lh~idm~fial Subdivision By Developers Diversified Realty Corp., c/o Dakota Company, Inc. ~ile 31o. PFP. OI-O02) We Jmve reviewed this submittal and offer the following comments, as conditions of the sPPti~sfion. Thee eondiiions shall be comid~red Jn tull unless express]~ modified or deleted b~ motion of the Merldisa City Coune~: APPLICATIONS SUMMP~Y ~ applications were approved last year with conditior~ by the Conmdssion and City Com~, il The remon the applie~ioos axe back in from of you is because the Applicant has d¢¢idbd to add one (1) Imildable lot to lhe subdivision. Instead ora lhret~-lot subdivision it is now a fora-lot subdivisio~ This new p~ adds a ~ lot along the Eagle Road/SH 55 frontage, at the soutl~st comer of the subdivision. Ora~nce 12-13-3.C. allows applicants to combiri~ Preliminary and Final Plat applicafiorm under a single proces~ which Dakola has done. The subdi~vision is within the boundaries of the Merk4ian Crossroads Shopping Center. Staff is recommending approval oft~ Prellmlna~JFi-nl Plat applicatioim The 0PPlicat/on nlm inclucl~s a request for thr~ O) Variances ~om the landscape ordinanc~ (Ord.i 12-13-7.3, 1243-7.4). One Variance request is W omit ~ requirement for ~he Eagle Road !m~flskape buffer to be on a separate common lot. The second Variance request is to reduce the Eagld Road landscape buffer width from 35 ~ to 20 feet. The third Vazimac,' r~lucst is to MUg the l~inlmqm [CRl~er width betwee~ illCOQlpatibio land ~ from ?'5 feet to 20 f~%'C. SePe~ate Vafiaece applications were submit'~ and will ~ccompa~y t3~ plaI applicaIiom to City Co.il. SeetiVns 12-3-3 J.2. and 12-3-5 D r~ad as follows: "In d~ermining the acceptan~ of a pFol~ed subdiv~lon the Commllssion/ColL~cil shall consider the objeciives o~ this title and at IL'~SSt the followhlg: a. The conformnne~ of ~e sabdivlaton with the Comprehensive Dewtopment PI~; k M~Yqr, Council and PSrZ July $0, 2001 Stafffind~ the ~lxlivislon is in confor~--~e w~h ~ ~mive PI~ b. ~e a~b~ ~ ~ m ac~mm~ate &e p~p~ d~e~pment; S~ f~ ~ ~n m ~ p~ ~ ~y av~ie on ~, ~d~ c~ ~ ~y ~ ~ ~ ~c ~b~c Wo~ ~ B~ D~ts ~e ~e. c. The ~a~ui~ of ~e pm~ d~b~t ~ the ca,mi hp~vem~t p~m; S~ ~ ~ ~ ~n ~ ~t ~ ~ ~ of ~ ~vcme~ d~; S~~d~'~~l~y~i~v~e d~lo~ ~ will ~ ~ ~jor public e~n~ Comm~n'a ~iy p~ ~ ~ ~s ofo~n ~d of~ ~ ~ ~ t~ existing C~ ~ ~ ~, than ~ su~i~n ~ld ~t ~ ~y ~ ~y or ~v~l P~ ,~Y P~T S~ SPE~C CO~TS 1. S~~~m~to~e~ 2. P~ ~i~ 12-13-7.3, ~ ~ co~n ~t 3. ~ ~pHov~ ~ ~r ~ Cm~ ~ ~ay ~or. A V~ ~li~t~n ~ ~ ~b~ m ~w t~s new ~v~n ~ ~t~ ~ I of ~ ~i~ ~n~ ~d MaYOr, Council and July 30, 2001 P~e~ the 35-f~ot buff~. TW~ty (20) feet minimum is also required along Pine Ave as an Urban Collector, which is tho width proposed on th~ plat. 4. The approved CUP ~or Mex~tian Cro~road~ Shoppin~ Center required a 20-foot wide landscape buyer betwe~ th~ shopping c~a~i and Crossroads Subdivision. However, as a nt~v application, the subject plat is required to ~ab~re to existing ordi~mces, including the r~quired 25-foot buffcr betv,'~m incorn~t~le land use.~. A Variance application has been st~omitted to allow ~ new subdivision to match Phase 1 of the shopping center and provide a 20-foot buffer h~ead of the 25-foot $. T~o-h~ldyed-fiity- ~ 100-watt, high-pre~surc so, ham street~ights will be required at lOcatio~s designated by thc Public Wo~$ Dcp~hJlcnt. All strectlight$ shall be installed at subdJvider's expense. 6. ~pplicant has not indicated whether the pressurized irrigation system wi~hi~ this d~v~opment is to be owned and ~ by ~u a~ociat~on or thc Nampa 8: Meridian Ir~sation District. If the system is being proposed as a private system, plans and ~sl~ecifie~stions for lhe irrigation system ~hall be reviewed by the Public Works Department m ~ of the development plan re-view process. A draft copy of the pressurized irrigation ~stean O~tM maraud must he solxnfltod prior to plan approval. The City of Meridian r~uires that pressurized irrigatkm systems be supplied by a yom-round source of water. Ifa creek or well source is not available, a single-point connection to the culinary water system alialt be r~luired' If a siagl~-point conn~-tion is utilized, the develol~:r shall be responsible f~ the payme, nt of ass~ssmeats for the common arem prior Io si~sture on the final plat by the Meridian City Eng~n~r. If City water is prolmsed ~ a secondary soun~ developer shall b~ responsible to pay v~er ass~m~ls for the e~ire common open are~. 7. I~g~led landscape p[sn, for all landsca~ ~ts ~ submiRed for review and approval w~ the subject applications. S~aff recommends approval of the Perimeter Landscape Plan (~heet L-l, da~ed 03-26-00, with the following two (2) chaages: ! ~) Anoto shall be ~,:id~! ~o tbe Perim~or Landscape Plan ($hcot L-l, dated 03-26-01) i which requires a thr~e foot (3') berm he plant~ within the east boundary landscape b) A no~ shall also bo added which requires a tahfimum six foot (6') high masonry block wall be co~ructed st the e~t prope, tty line. Staff also recommends the Applicaut conC,~m that the Eagl~ Road landscaping as proposed w~iil not prc'~at a visibility problem for furore tena~ signs in the buffer. Modifications ~ould he made row rafl-~r thau at t~ time ot Certificate of Zoning Compliance for each s~'ale ~ A le~te~ .of credfl or cash surety will be required for the ~nascat~ ' .m~lXovem~nts prior to City sig~tur~ on the Fired Plat. 8. '~ six to ei§ht-foot-h~h; pem~me~ perimeter wall shall be ~quired along the east property lihe, ,im~ to the wall already in place along Phs.se 1 of the Family Center. Submit detailed f~mcing/wall plans for zeview and approval l~Ot to City sigmtur~ on the F~nal Plat. All required w~lls/foncing iz to bo in place prior to issuance of building perrvJts. MaYor, Council m~l P&Z July $0, 2001 Pag¢~ 9. A~I signage for the subff~visioa Js subject to the requirements placed on the Conditional Use P~mit fi~r tho Family Ccn~cr and requires separate 10. Stafftr~lUeSts that th~ sidewa~cs along Eagle b~ d~ta~sed fi'om the ro~d to create a parkway ~ then come,ted to the existing sidewalk location at tbe edge of the plat. 11. Submit 10 copies ofth~ revised plat tern conforms to thee requiremen~J at least one week p~ior to the public bearing with City CounciL Also submit one $ ½ x ! 1 legible copy of the revised GEbI~L COMMENTS ]. ARy existing irrig~ion/dr~i~,~¢ ditches crossing thc property ~o be included in this projec~ sl~ll be tiled per City Ordinance 12-4-13. Plans will need to lm approved by the appropriate irfigalion/dralnege district, with wri~en confirmation of said approval submitted Lo thc Public ~ork~ Departmant, No varJa~es have been requested for tiling of any ditches crossing this l~O.' ~ect. 2. A~y existing domestic wells and/or septic systems within thi~ p~ojcct will ha~¢ to be ren~ved from their domestic service per City Orai,~r~e 9-1-4 ~,a 9-4-8. Wells may be used 3. Off-stm~ p~tki~E'_ ~hail be l~OVid~! in accordsnc¢ ~ City of M~d~ Zoning Ord ll-13. 4. P,ring ,~i ~fiping aball be in ~mcordan~ with tbe ztondardz ~ forth in t~ City o f lvl~ddian ~ and Developro~ra Ordhamce 11-13-4 and in accordanc~ with Americans with Disabillti~s Act (ADA) requimnents. 5. A~ drainage plan designed by a State of Idaho licen,scd archit~x or engineer is required and s~s!l be submitted to the City Engin~r for all off-str~ .l~arklng ar~s as per City Ordim~e 1 i- 13-4.B.4. All site drainage shall be contained nmi disposed of on-site. 6. O~g ~t~ shall be desigrl~d ~ plaoed su a~ mt to direct illuminntion on any ne, arby ~tial arem and in accora~,,o~ with City Ordirau~¢ Sectlom ! !-13-4.C. and 12-5-2.1VL 7. Ail signage shall be in accordance with the s~ndeuxls set forth in the City of Merla!~o Zoning ~ Dcvelopraen~ Ordinance 11-14. No temporary signage, flags, banners or flashing signs win be permitted. 8. Provide fivc-foot-widc sidcwallcs in accordance wRl~ City Ordinate 12-5-2.K. 9. All constru~on ,h,~! conform to the r~clu~ment$ of the Americans with Disabilkies Act. Mayor, Council and P&Z Suly 30, 2001 Page ~$ lO. Please sabmk a copy o£ ~e Ada County Strccl Name Committee's final approval letter for the Subdivision llame, lot arid block numbering. M...ak~ any colrecIions necessary to confolrn. 11. Please respond in writing to all co,~m~ents conta~ed in this memo by 12:00 noon, August 1, 2001, prior ~o the scheduled meeting of the Meridian Plarmlng and Zoning Commission. tn.A srr s ,Ecnuc COM., N'.rs 3~e~sme~t fees for wa~ ~md sewer service are dete~h~l dining ~ ~ p~ mvi~ ~o~. A~ ~ ~ ~d to ~ ~ ~ ~m ~ w~ ~ C~y of M~ ~ ~Mn to ~ ~~ ~ ~ ~ "~e Co~" f~s ~y ~ ~ c~ ~ ~ ~1 to help ~se t~ p~ retable for execute the ~c of Ownc~ and i~s accompanying Acknowledg~r~_~nt. .? DAKOTA COMF~N¥. Au3u s i :2, 2cci August 1, 2o01 Mr. Brad Hawkins - Clark Planner City of Meridian Planning & Zoning Department 660 E. Watertower Ln., Suite 202 Meridian, Idaho 83642 RE: Preliminary Plat & Final Plat Applications Presidential Subdivision Meridian, Idaho CE 3, L,'~} .~ ; '" City of Meridian City Clerk ©flit6 Dear Mr. Hawkins - Clark: I would like to offer a few comments regarding the July 30, 2001 Staff RepOrt, for the Preliminary Plat & Fina Plat Applications for the Presidential Subdivision. The numbered items below correlate to the numbers of the Staff Report (see attached copy)_ GENERAL COMMENTS: Items #1 through I -In agreement Item #10 - See Attached Copy of the Ada County Street Name Committee's approval, for [he Presidential Subdivision PREMLIMINARY PLAT SITE SPECIFIC COMMENTS: Item #1 - In agreement AUG ~1. '~1 lP:Rq · ~80 E^~T M~KCENTER ~UIT£ Item #2 through 4 - We request that no common lot be created for the landscape setback areas along Eagle Road, Pine Street or adjacent to the Crossroads Subdivision. The landscape setback dimensions were already agreed to dudng the Conditional Use Permit process. The landscape setback area does not require a separate common lot as the entire project is covered by a common area maintenance and cross easement agreement. For the Records East Subdivision Plat the landscape setback areas were designated by a note on the final plat. I would like to suggest the same procedure be used for this situation. No common lot is required. Item In agreement Item #6 In agreement Item #7 We wiJl submit landscape plans for the landscape setback areas prior to signature of the plat. Item #8 The requirement should read a 6' high concrete block wall will be constructed. This is already a Condition Of Approval under the existing Conditional Use Permit. We request that the last sentence be deleted. The wall and the landscaping would be installed during the normal construction schedule. The installation would have to be completed prior to issuance of the first Certificate Of Occupancy for the subdivision. Item #9 In agreement Item #10 We request that curb, gutter and attached sidewalk be installed per the Conditions Of Approval outlined in the existing Conditional Use Permit and the ACHD Conditions Of Approval. A cletached sidewalk would AUG 01 '01 12:10 not be consistent with the Phase I portion already completed which stretches all the way from Presidential Street to Venture Street. Item #11 In agreement FINAL P,I~T COMMENTS: Item #1 & 2 - In agreement If you have any additonal questions or comments, please do not hesitate to contact me. Very Truly You[s ~.~lohn L. Paulson Dakota Company, Inc. For Developers Diversified Realty Corp. Cc: Mr. Bruce Freckleton - Assistant to City Engineer, City of Meddian Mr. Will Berg - City Clerk, City of Meridian RUG 01 '01 12:10