HomeMy WebLinkAboutCommercial Tire PP 01-018BEFORE THE CITY COUNCIL OF THE CITY OF MERiDIAN
C/C 11/20/01
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR COMMERCIAL TIRE
SUBDIVISION, LOCATED
SOUTH OF MERIDIAN ROAD
AND SOUTH OF THE EIGHT
MILE LATERAL, MERiDIAN,
IDAHO
BY: PINNACLE ENGINEERS,
INC., APPLICANT
Case No. PP-01-O18
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 November 20, 2001, and David McIrdnnon, Planner for the Planning
and Zoning Department, appeared and testified, and appearing and testifying on
behalf of the Applicant was Clint Boyle, and the City Council having received a
report from David McKinnon, Planner for the Planning and Zoning Department, and
Bruce Frecldeton, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVISION / (PP-01-O 18)
1
"PRELIMINARY PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A
PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 13 TOWNSHIP 3
NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2001,
DATE: 8-6-01, DRAWN BY: SMS, DESIGNED BY: JGC, CHECICED BY: J.G.
CARPENTER, P.E., PROJECT NO. C016216, SHEET PPI, PINNACLE
ENGINEERS, INC., JOHN AND BONNIE SCHWENKFELDER, LP-OWNER,
PROFESSIONAL CONSTRUCTORS, INC.-DEVELOPER", 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
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 General Retail and Service Commercial
District (C-G), and requires connection to the Municipal Water and Sewer System.
[Meridian City Code § 11-7-2 K]
2. The preliminary plat is in conformance with the Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVISION / (PP-01-018)
2
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 which are
requested by the Planning and Zoning Administrator and the Engineering Technician
III 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. 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.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING
COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 74 OF THE NE 1/4
OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVISION / (PP-01-018)
3
ADA COUNTY, IDAHO 2001, DATE: 8-6-01, DRAWN BY: SMS, DESIGNED BY:
JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C016216, SHEET
PPi, PINNACLE ENGINEERS, INC., JOHN AND BONNIE SCHWENK.FELDER,
LP-OWNER, PROFESSIONAL CONSTRUCTORS, INC.-DEVELOPER".
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 is evidenced by "PRELIMINARY
PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE
SE l/4 OF THE NE 1/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN ADA COUNTY, IDAHO 2001, DATE: 8-6-01, DRAWN BY:
SMS, DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT
NO. C016216, SHEET PPI, PINNACLE ENGINEERS, INC., JOHN AND BONNIE
SCHWENIG:ELDER, LP-OWNER, PROFESSIONAL CONSTRUCTORS, INC.-
DEVELOPER" is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning Administrator and Engineering Department
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVISION / (PP-01-018)
Recommendations as follows:
Sanitary sewer and water service to this site shall be via extensions from
existing main lines adjacent to the property.
Landscaping shall be installed as noted above. A detailed irrigation plan
including performance specifications shall be submitted as part of the
required landscaping plan. A letter of credit or cash in the amount of
110% shall be required for these improvements prior to signature on the
final plat.
All of the required street buffer landscaping shall be installed prior to
the issuance of a Certificate of Occupancy for the lot created by the
subdivision and shall be bonded for prior to signature on the Final Plat.
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.
All parking shall be retained on-site for all buildings and businesses
within the subdivision.
All parking and areas of circulation shall be paved, striped, and meet
minimum dimension requirements and number of stalls as per City
Ordinance. Handicapped parking shall meet the standards of the
Americans with Disabilities Act.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Depamnent of Environmental Quality 1997 publication, "Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties"
and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells on the final plat.
Assessment fees for water and sewer service are determined during the
building plan review process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVISION / (PP-01-018)
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-%605.M.
Plans shall be approved by the appropriate irrigation/drainage district, or
lateral users association, 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.
10.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 5-7-517. Wells may be used for non-domestic purposes such as
landscape irrigation.
11.
Submit a copy of the Ada County Street Name Committee's final
approval letter for the subdivision name, lot and block numbering.
Make any corrections necessary to conform.
Adopt the ACHD Recommendations as follows:
12.
Dedicate 40-feet of right-of-way from the centerline of Meridian Road
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.
13.
Dedicate sufficient right-of-way (58-feet tapering to 41-feet) for the
Pennwood Street extension 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.
14.
Construct the Pennwood Street extension as a complete 40-foot street
section within 58-feet of right-of-way at the west property line tapering
toward the southeast corner of the property to one half of a 40-foot
street section plus 12-feet of additional pavement, with curb, gutter and
5-foot wide concrete sidewalk. The applicant shall coordinate the exact
design and location of Penwwood Street with District staff.
15.
Construct a 5-foot wide detached concrete sidewalk on Meridian Road
located 2-feet within the new right-of-way. Coordinate the location and
elevation of the sidewalk with District staff. If the sidewalk meanders
outside of the right-of-way, provide an easement for the side~valk.
16.
Replace unused curb cuts on Meridian Road with 5-foot wide concrete
sidewalk to match the existing improvements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVI SION / (PP-01-018)
6
17.
Replace any damaged curb, gutter and/or sidewalk on the Pennwood
Street extension and Meridian Road to match existing improvenrents.
Segments to be replaced shall be determined by ACHD Construction
Services staff.
18. The applicant is proposing to construct three driveways on Penwood
Street.
The first driveway is proposed to be located approximately 70-feet west
of Meridian Road. The second driveway is proposed to be located
approximately 220-feet west of Meridian Road. The third driveway is
proposed to located approximately 35-feet east of the west property line.
Tl~e proposed driveway locations meet District policy and are aPproved
with this application.
19.
Pave the driveways to their full-required width of 30 to 35-feet and to a
point between 30-feet beyond the edge of pavement of Penwood Street.
20.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
21.
Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual.
22.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
23.
Any existing irrigation facilities should be relocated outside of the right-
of-way.
24.
Other than the access points specifically approved with this application,
direct lot or parcel access to Meridian Road and Penwood Street is
prohibited. Lot access restrictions, as required with this application,
shall be stated on the final plat.
Adopt the Meridian Fire Department Recommendations as follows:
25.
Provide a fire-flow consistent with the 1997 Uniform Fire Code for the
type and size of the building. Fire hydrants shall be placed an average
of 400' apart. 1997 UFC Appendix III-A.
26. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVISION/(PP-01-018) 7
33.
Adopt
34.
27. Acceptance of the water supply for fire protection shall be by the
Meridian Water Deparunent.
28. Final Approval of the fire hydrant locations shall be by the Meridian
Water Department.
29. All radii shall be 28' inside and 48' outside radius.
30. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per section 1103.2.4 of the Uniform Fire Code.
31. The roadways shall be built to ACHD standards. UFC 902.2.1.
32. The tire storage practices shall be consistent with those allowed by the
1997 Uniform Fire Code for High Hazard Commodities.
Outside storage of tires shall comply with 1997 UFC 1103.3.6.
the Recommendations of the Central District Health Dept. as follows:
The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
35. Run-off is not to create a mosquito breeding problem.
36. 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.
By action~xf the City Council at its regular meeting held on the 4 ~''~
day of ~r:Se/,-~,~w ,2001.
ROLL CALL
COUNCILMAN ANDERSON VOTED ,~L,-
t/
VOTED__~,a,~
COUNCILMAN BIRD
COUNCILWOMAN deWEERD VOTED ~""
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVISION / (PP-01-018)
8
COUNCILWOMAN McCANDLESS VOTED
MAYOR ROBERT D. CORRIE VOTED
Copy served upon Applicant, The Planning and Zoning Department, Public
Works Department and City Attorney.
By:~~.~~.~ Dated:
y C1
Cit erk // '
Z:\WorkkM~vleridian~vleridian 15360Nl~Commercial Tire Sub PPOl-O18~FfClsOrdPP.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
COMMERCIAL TIRE SUBDIVIS ION / (PP-01-018)
9
AFFIDAVIT OF PROPERTY POSTING
~{JE1
red
NOV 1 9 2001
CITY OF MERIDIAN
NOV ! 9 2001
City Of Meridinq
· Cler'k~Offie~
I, Brent Butterfield representing Pinnacle Engineers, 12552 W. Executive Dr., goise, ID
83713, being first duly sworn upon oath, deposed and say:
That the property located west of E. 1st St. and north of Pennwood St.
extended (proposed as Commercial Tire Subdivision) was posted with a
hearing notice on November 09, 2001. The posting indicated a proposed
single lot preliminary plat with a Meridian City Council hearing date of
November 20, 2001 at 6:30pm.
Dated this 19th day of September, 2001
Title
SUBCRIBED AND SWORN to before me the day and year first above written.
Residing at ~6r~,~,~,, :lb,
My Commission Expires: :~,n~: ,¢: zt:~,