HomeMy WebLinkAboutCammann Park Subdivision SHP-08-005_ .
CITY OF MERIDIAN }~ T TAN
FINDINGS OF FACT CONCLUSIONS '" `i +` a' '~
' t~aHo
OF LAW AND
DECISION & ORDER - ~
In the Matter of Cammann Park Subdivision Short Plat consisting of 2 Building Lots on
1.05 acres in an L-O zoning district, by Todd Meyers.
Case No(s). SHP-08-005
For the City Council Hearing Date of: July 1, 2008 (Findings on the July 22, 2008 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 1, 2008 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 1,
2008 incorporated by reference)
4. Required Findings per the Unifred Development Code (see attached Staff Report for the
hearing date of July 1, 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 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.
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-08-005
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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 wi~th 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 Short Plat and Conditions of Approval all in the
attached Staff Report for the hearing date of July 1, 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:
The applicant's Short Plat as evidenced by having submitted the Short Plat dated
06/16/08 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 July 1, 2008 and the applicant's response letter dated
June 30, 2008, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Plat Duration
Please take notice that approval of a prelirninary 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 developrnent of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, may be 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 may be granted. With all extensions, the Director or City Council rnay 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 MEWDIAN FINDINGS OF FACT, CON.CLUSIONS OF LAW AIVD DECISION & ORDER
CASE NO(S). SHP-08-005
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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 may be 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 rnay 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of July 1, 2008.
G. Attached: Applicants response letter for the hearing date of July 1, 2008.
CITY OF ME~DIAN F~IVDIIVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-005
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rd
By action of the City Gouncil at its regular meeting held on the Z Z day of
, 2008.
COUNCTL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor
Attest:
Jaycee H an, City Clerk
VOTED~
VOTED~
VOTED_~
VOTED~
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VOTED
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Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
,
B Dated: ~ ~ 2?v-~$'
ity Clerk
C1TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-08-005
-4-
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT: -
E IDIAN~:~-
I:DAHO
HEARING DATE: July 1, 2008
TO: Mayor and City Council
FROM: Kristy Vigil, Assistant City Planner
208-884-5533
Scott Steckline, Development Services Coordinator
208-898-5500
SUBJECT: Cammann Park Subdivision Short Plat ~
Request for Approval of Cammann Park Subdivision Short Plat Consisting of 2
Building Lots on 1.05 Acres in an L-O Zoning District by Todd Meyers (File#
SHP-08-005).
We have reviewed this submittal and offer the following conditions of the applicant.
APPLICATION SUMMARY & LOCATION
The applicant, Todd Meyers, has applied for short plat approval of 2 office building lots on 1.05
acres in an L-O zoning District for Cammann Park Subdivision.
Carnmann Park Subdivision is located on the northeast corner of NW 8`" Street and Cherry Lane
in the SW '/ of Section 1, T.3N., R.1 W. It appears this property was previously split incorrectly
in 1985 (the applicant did not have documentation that a legal split occurred prior to 1984).
Therefore, the applicant is submitting a Short Plat application to legally divide the parcel into
two lots.
The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA.
Staff recommends approval of Cammann Park Subdivision 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: June 9, 2008 and June 23, 2008.
c. Radi,us notices mailed to properties within 300 feet on: June 6, 2008.
REQUIRED FINDINGS FROM UDC 11-6B-6
SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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 snbdivision is L-0 (Limited Office
district). Although, the Comprehensive Plan designation is commercial the L-O zone is a
commercial zoning district. Therefore, 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;
Council finds that public services are available to accornmodate the proposed
development. Water and sewer services are proposed to be extended into each lot frorn
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;
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;
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
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. Staff 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.
Council is not aware of any significant natural, scenic or historic features associated with
the developrnent of this site that the Director and City Engineer should be aware of.
SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 2
CITY OF MERIDI,AN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
PLANNING & PUBLIC WORK,S DEPARTMENTS - SITE SPECIFIC CONDITIONS
1. Comply with ali applicable conditions of approval for CZC-08-007 (Dr. Lou Burhley
Office) and dated March 13, 2008.
2. Complete the Certificate of Owners.
3. If the City Engineer's signature has not been obtained by 07/O1/09, the Short Plat
approval for this subject project shall expire.
4. The proposed short plat shall be recorded prior to occupancy of the proposed office
building located on Lot 2, Block 1.
5. Graphically depict on the face of the plat the required landscape buffers along the north
boundary of the proposed subdivision, Cherry Lane and NW 8t" Street.
6. Revise or add the following note(s) on the face of the plat prepared by Arrow Land
Surveying, Inc., stamped on 06/16/08 by Jeremiah B. Fielding, prior to signature of the
short plat by the City Engineer:
*.) Add a note addressing the maintenance of the landscape buffers along the north
boundary of the site, Cherry Lane, and NW 8th Street.
*.) Add a note stating, "The bottom elevation of buildin f~ ootin~shall be set a'
minimum of 12 inches above the hi~hest known normal ground water elevation."
7. The landscape plan, prepared by Harvest Design, P.C., and dated 04/28/08 is approved
with the following changes:
a. Subrnit a revised landscape plan depicting the required landscaping for Lot 1,
Block 1. The landscaping shall be design per the standards set forth in UDC 11-
3B.
b. Submit a stamped/signed landscape plan approved by the landscape architect for
construction.
c. Add the quantity and tree class to the plant material legend.
d. Include details for fencing on the plan (picture & description).
e. Include a calculations table per the short plat checklist on the face of the plan.
The landscaping located on Lot 2, Block 1 was approved with CZC-08-007 and has not
been reviewed with this short plat submittal.
The landscape buffers adjacent to the residential subdivision to the north (Meridian
Manor Subdivision No. 1), Cherry Lane, and NW 8th Street are subdivision
improvernents and shall be installed prior to occupancy.
The internal landscaping for the individual lots/buildings and parking areas are not
approved with this short plat, they will be reviewed with each individual CZC.
SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Submit three copies of a revised landscape plan to the Planning Department prior to
signature of the short plat by the City Engineer. Said plan shall be consistent with the
changes listed above.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (UDC 11-3B-6-D). The applicant should be required to use any
existing surface or well water for the primary source. If a surface 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 will be responsible for the payment of
assessrnents for the common areas prior to signature on the final plat by the City
Engineer.
Staffls failure to cite specific ordinance provisions of the Unified Development Code does not
relieve the applicant of responsibility for compliance.
GENERAL REQUIREMENTS
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.
A letter of credit or cash surety in the amount of 110% shall be required for all
uncornpleted 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 backfill, where footing would sit atop fill material.
SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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. 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 Cammann Park Subdivision (SHP-OS-005)
with the above stated conditions. On July 1, 2008, the Meridian City Council voted to
approve SHP-08-005 with the above stated conditions.
Exhibits
1. Submitted Short Plat
SHP-08-005 Cammann Park Subdivision SHP.doc PAGE 5
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Submitted Short Plat
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Eachibit 1
Page 1 c>f 1
Kristy Vigil
From: Todd Meyers [todd@morgan-construction.com~
Sent: Monday, June 30, 2008 1:52 PM
To: Kristy Vigil
Cc: 'Scott Hawker'
Subject: Cammann Park Subdivsion SHP-08-005
Kri sty,
I have a couple of comments related to the staff report of the Cammann Park Subdivision;
Site Specific Conditions:
7. a. Submit a revised landscape plan depicting the required landscaping for Lot 1, Biock 1. The
landscaping shall be design per the standards set forth in UDC 11-3B.
o The site development on Lot 1 was built in the mid-1980's, and complied with the City's
requirements at the time. No changes are being proposed by the applicant for this Lot. I ask,
that this requirement be eliminated.
7. d. Include details for fenting on the plan (pictures & description).
o An existing 6ft wooden opaque fence is constructed on the north property line. This fence will
be protected during construction and maintained thereafter.
8. Pressurized irrigation.
o According to the Nampa Meridian Irrigation District there are no pressurized irrigation systems
in the area so we will need to connect to the City system.
Thank you for the opportunity to comment on the staff report. It appears that the only issue is 7. A.
Todd Meyers, VP of Land Development
5145 S. Heyrend Dr, Idaho Falls, Idaho 83402
(208) 221-7602 (208) 529-3312
7/1 ~/2008