HomeMy WebLinkAboutDestination Place Subdivision No. 2 SHP-08-001R~CEgV~i~
MAR 13 2008
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
City ®f Meridian
City Clerli Office
E IDIAN~-
LDAHO
In the Matter of Destination Place Subdivision No. 2 Short Plat consisting of 4 building lots
on 2 acres in a C-G zone, by Boise Valley Commons, LLC.
Case No(s). SBP-08-001
For the City Council Bearing Date of: March 4, 2008 (Findings on the March 18, 2008 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 4, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
4, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 4, 2008 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning snaps 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-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-001
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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Short Plat, and the Conditions of
Approval all in the attached Staff Report for the hearing date of March 4, 2008
incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Short Plat as evidenced by having submitted the Short Plat dated 2/6/08
is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 4, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Short Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary pleat, such segments, if submitted within successive intervals of eighteen
(18) months, maybe considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-001
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and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
' E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to 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 maybe filed.
2. Please take notice that this is a final 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 maybe 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of March 4, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-001
-3-
By action of the City Council at its regular meeting held on the ' ~ day of
(~QrGL~. , 2008.
COUNCIL MEMBER DAVID ZAREMBA VOTED ~(PQ
COUNCIL MEMBER JOE BORTON VOTED~~~'
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED V~O~
MAYOR TAMMY de WEERD VOTED ~
(TIE BREAKER)
Attest:
'Jaycee I-1~blman, City Clerk
Copy served upon Applicant,
Attorney.
Ma~~,'~arn y de Weerd
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The P1ann14~g, ~~ ~~ ~~ ~@~t, Public Works Department and City
B Dated:
ity Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-001
-4-
CITY OF MERIDIAN PLANNING AND PUBLiC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT: E IDIAN~--
HEARING DATE: March 4, 2008 I D A H O
TO: Mayor & City Council
FROM: Jenny Veatch, Assistant City Planner
208-884-5533
Scott Steckline, Development Services Coordinator
208-898-5500
SUBJECT': Destination Place Subdivision Number 2 Short Plat
Request for Approval of Destination Place Subdivision Number 2 Short Plat Consisting
of 4 Building Lots on 2 Acres in a C-G Zone by Boise Valley Commons, LLC (File#
SHP-08-001)
' We have reviewed this submittal and offer the following conditions of the applicant.
SUMMARY RECOMMENDATION:
~, Summary of Citv Council Public Hearin:
1. In favor: Donna Dodson, representative for Boise Valley Commons, LLC
ii. In onnosition: None
Iii. Commenting: None
lY. Written testimony: None
y. Staff nresentne .annlication: Anna Canning
Yl. Other staff commenting on annlication: None
12, ev Issues. of Discussion by Council•
i. None
~, Key Council Changes to Staff Recommendation
i. None
PROCESS FACTS
a. The subject application wil!1 in fact constitute a short plat as determined by City Ordinance. By
reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on
this matter.
b. Newspaper notifications published on: February 11, 2008, and February 25, 2008
c. Radius notices mailed to properties within 300 feet on: February 8, 2008
APPLICATION SUMMARY & LOCATION
The applicant, Boise Valley Commons, LLC, has applied for short plat approval of 4 commercial building
lots on 2 acres in a C-G zone for Destination Place Subdivision Number 2.
SHP-08-001 Destination Place Subdivision Number 2 SHP.doc PAGF
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Destination Place Subdivision Number 2 is located at 2295 East Cinema Drive on the south side of I-84,
north of E. Overland Road in the SW '/ of Section 17, T.3N., R.IE. This property was previously platted
as a portion of Lot 1 and Lot 2, Block 1 of Destination Place Subdivision.
The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA.
Staff recommends approval of Destination Place Subdivision Number 2 Short Plat with the
comments and conditions stated in this report.
PROCESS FACTS
a. The subject application will in fact constitute a short plat as determined by City Ordinance. By
reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on
this matter.
b. Newspaper notifications published on: February 11, 2008 and February 25, 2008
c. Radius notices mailed to properties within 300 feet on: February 8, 2008
REQUIItED FINDINGS FROM UDC 11-6B-6
In consideration of a short plat, the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
The Comprehensive Plan designates the future land use of this property as Mixed Use -Regional.
The current zoning district of the proposed subdivision is C-G (General Retail and Service
Commercial). The proposed subdivision plat complies with the Comprehensive Plan.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
City Council finds that public services are available to accommodate the proposed development.
Water and sewer services are proposed to be extended into each lot from adjacent streets. Fire,
police, solid waste and irrigation services are all adequate. The adjacent public roadways have
been completed to the required design and approach standards.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
City Council finds that the subdivision will not require the expenditure of capital improvement
funds. All sewer and water extension for this area were planned to be developer driven. All
required utilities are either in place or will be put in as a requirement of the developer and any
easements shall be granted.
D. There is public financial capability of supporting services for the proposed development;
City Council finds that the development will not require major expenditures for providing
supporting services. The developer and/or future lot owners will finance the extension of sewer,
water, utilities and pressurized irrigation to serve all lots is this project.
E. The development will' not be detrimental to the public health, safety or general welfare; and
SHP-08-001 Destination Place Subdivision Number 2 SHP.doc PAGE
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
City Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, staff does not believe that any additional amount generated will be
detrimental to the general welfare of the public in the surrounding area. City Council finds that
the development of this site will not involve uses that will create nuisances that would be
detrimental to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
City Council is not aware of any significant natural, scenic or historic features associated with the
development of this site that the Director and City Engineer should be aware of.
PLANNING & PUBLIC WORKS DEPARTMENTS -SITE SPECIFIC CONDITIONS
2
4
5
ali private roadways, driveways, and as each lot develops a drainage plan designed by a State
3aho licensed architect or engineer is required and shall be submitted to the City Engineer
i. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be
geed in accordance with Department of Environmental Quality 1997 publication Catalog of
m Water Best Management Practices for Idaho Cities and Counties and City of Meridian
dards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction
~h has authority over the receiving stream provides written authorization prior to development
approval. The applicant is responsible for filing all necessary applications with the Idaho
artment of-Water Resources regarding Shallow Injection Wells.
City of Meridian requires that pressurized irrigation systems be supplied by a year-round
rce of water (UDC 11-3B-6-D). The applicant should be required to use any existing surface
vell water for the primary source. If a surface or well source is not available, asingle-point
nection to the culinary water system shall be required. If a single-point connection is utilized,
developer will be responsible for the payment of assessments for the common areas prior to
iature on the final plat by the City Engineer.
Staff s failure to cite specific ordinance provisions of the Unified Development Code does not relieve the
applicant of responsibility for compliance.
GENERAL REQUIItEMENTS
i
Comply with all applicable conditions of Destination Place Subdivision.
Complete the Certificate of Owners.
I
If the City Engineer's signature has not been obtained by 03/18/09, the Short Plat approval for
this subject project shall expire.
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2. Street signs are to be in place, water system shall be approved and activated, fencing installed,
sewer line shall be installed and passed air test and video inspection, and road base shall be
approved prior to applying for building permits.
SHP-08-O0 l) Destination Place Subdivision Number 2 SHP.doc PAGE
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. All development improvements, including but not limited to water, sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
5. A ,written certificate of completion shall be prepared by the landscape architect, landscape
designer or qualified nurseryman responsible for the landscape plan upon completion of the
landscape installation. The Certificate of Completion shall verify that all landscape
improvements, including plant materials and sprinkler installation, are in substantial compliance
with the approved landscape plan.
6. 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.
7. Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backf`ill, where footing would sit atop fill material.
8. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
9. Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
10. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be .removed.
STAFF RECOMMENDATION
Staff recommends approval of the short plat for Destination Place Subdivision Number 2 (SHP-08-
001) with the above stated conditions.
Exhibits
1. Submitted Short Plat
SHP-08-001 Destination Place Subdivision Number 2 SHP.doc PAGF
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Submitted Short Plat
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PLAT OF
DESTINATION PLACE SUBDIVISION NO
A RESUBOINSION OF A PORTION Or LOT I AND ALL OF LOf 2, BLOCK I, DESTINATION PLACE SUED
L11N"u IN THE $W 1/4, SECTION I7, I,JN„ R.IE., d.N:,
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