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HomeMy WebLinkAboutMystery View Subdivision P/FP-01-005BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-20-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR MYSTERY VIEW SUBDIVISION OF 3 BUILDING LOTS ON 5.21 ACRES IN AN L- O ZONE, LOCATED AT 2930 EAST MAGIC VIEW DRIVE, MERIDIAN, IDAHO BY: PINNACLE ENGINEERS, INC. Case No. P/FP-OI-O05 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 November 20, 2001, and David Mclrdnnon, Planner for the Planning and Zoning Department, appeared and testified at the hearing, and appearing and testifying on behalf of the Applicant was Clint Boyle of Pinnacle Engineers, Inc., and the City Council having received a report from Shaft 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 follo~vs, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-0 I-O05) - 1 "PRELIMINARY PLAT FOR MYSTERY VIEW SUBDIVISION, SITUATED IN LOT 2 OF BLOCK 1 OF AMENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOOK 52 AT PAGE 4445- LOCATED IN A PORTION OF THE SE1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01, DRAWN BY: JGC, DESIGNED BY: JGC, CHECKEDBY: J.G. CARPENTER, P.E., PROJECT NO. C016120, SHEET PP-1, PINNACLE ENGINEERS, 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 maizes 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 L-O Limited Office 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 - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-01-O05) -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 which 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- MYSTERY VIEW SUBDIVISION/ BY PINNACLE ENGINEERS, INC. (PFP-OI-005) -3 are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by" PRELIMINARY PLAT FOR MYSTERY VIEW SUBDIVISION, SITUATED IN LOT 2 OF BLOCK 1 OF AMENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOOK 52 AT PAGE 4445- LOCATED IN A PORTION OF THE SE1/4 OF THE NE1/4 OF THE NE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01, DRAWN BY: JGC, DESIGNED BY: JGC, CHECKEDBY: J.G. CARPENTER, P.E., PROJECT NO. CO 16 ! 20, SHEET PP- 1, PINNACLE ENGINEERS, 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 David McKinnon, Planner for Planning and Zoning, and Bruce Frecldeton, Engineering Technician III, dated October 3, 2001, listing 14 Site Specific Comments and 3 General Comments, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of November 20, 2001, and the requirements are as follows, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-01-005) -4 The City Council's action from their November 20,2001 meeting, shall be the revision of the Recommendations presented to Council from Planning and Zoning, and which revisions shall consist of the elimination of numbers 2, 3, 4, 5 and 6 on pages 2 and 3 of the Recommendations, and as shown on the attached Exhibit "A". 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 By action of the City Council at its regular meeting held on the z~--f~"--day of ~ ,2001. Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ~ty Clerk Z:\Work~NMefidiankMeridian 15360M~Treasure Vie*v Sub PFPOl-OO4~FinalPlatFfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MYSTERY VIEW SUBDIVISION / BY PINNACLE ENGINEERS, INC. (PFP-OI-005) -5 MAYOR Robert D. Cotrie Crl~' COUNCIL MEMBERS Roa _4ndemon t~ith Bird Tam.ny deWe~d Chefie McCm&e~ HUB OF TRF_A~'URE g4 i. HZ¥ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 8 33. F. x20 .... lyeD OCT 0 2 LEGAL DE PART~fl~'4T (208) 288-2499 ' Fax 288-250t PUBLIC WOPJ~ BUILDING DEPARTMENF (208) 8~-2211. Fax 88%1297 ?LkNNING .~",,~) ZONING DEPr'd~TMENT (208) 884-5533- FP2-~ 888~6854 MEMORANDLTM: City of Meridian City Clerk Office October 3, 2001 To~ From: ge~ Mayor, City Council, Planning & Zoning Brace Freckleton, Assistant to City Engineer~ David McKinnon, Planner ~ Request for Preliminary/Final Plat approval of the proposed Mystery View Subdivision, a three lot subdivision on $.21 acres in an L-O zone, Pinnacle Engineers, Inc. (File No. PFP-01-005). A lication Summa Pinnacle Engineers, on behalf of Magic View Parmers (Winston Moore), have made a request of the Meridian Planning and Zoning Commission and City Council to approve a Preliminary/Final Plat composed of three lots on 5.21 acres of land currently zoned L-O. The proposed subdivision is located at the northwest corner of Allen Street and Magic View Drive, approximately 1000 feet west of Eagle Road. No variances have been applied for as part of the subdivision request, and all lots within the requested subdivision meet the minimum lot area and frontage requirements for property zoned L-O. City water and sewer services are available to the subject properties. All street improvements, including curb, gutter and sidewalk, along Magic View Drive and Allen Street are complete. The property has been issued development permits for the construction of Mountain West Bank on Lot 1 and for Lincoln Plaza, a 30,000 square foot office building located on Lot 3 of the proposed subdivision. Landscaping for these lots has already been approved, and copies of the plans have been included with this report for your review. The existing well will be used for irrigation purposes within the subdivision. Location The subject properaj is located on the northwest comer of Allen Street and Magic View Drive. Reouired Findings for Subdivision~ Sections 12-3-3 J~. and 12-$-$ 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: Mayor, Council and P&Z September 10, 2001 Page 2 a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision is in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. 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 development will not require major expenditures for supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there will not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shah be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: SITE SPECIFIC COMMENTS Sanitary sewer and water service to this site shall be via existing and new service lines from the existing mains in W. Magic View Drive and S. Allen Street. ~ submitte~landseapin~plans ha~previoust~ been al~roved, l~wever'~i[ditional land.ping and'~cing plaa~are requi~ and mu~e sub/l~d to st~ for aill~oval, pri0r_to"~roval otN~e final plaN.The addi~/~nal land~e plan~ll prov'~ landg~e ~rimet_~,l~dscape'b~ bet~ot"~the My~ery View S3xliu vision ~nd Lot 4"l~Magic Vi~ SubdiviSion to the west. The Mystery view PFP-O1-005 ! " o- Mayor, Council and P&Z September 10, 2001 Page 3 1 Usenl~ermit is]b~d foN~is st~(C13~99-~OJ~ ~Netal]~ irriga~on p~[~ incl~ing p~orms~gce ~cifw~tions~aal~eN~abn~ed~s ~rt red,Corpse ~~ts ~o ~n t~ fi~latN th~ss~c~f a~ ~e~cy ~y ~Idi~u~n ~ ~ ~ ~1 r~ir~ pe~e~ndsc~g an~enci~sh~ ~d~r~ ~e~ th~i~la~ -- X ~e oN 4"Xc~r ~t Xrem~d ~ ~e~rop~ s~be ~1~ ~ ins~nK~i~ ~s, ~ ~iv~ n~ ~c~inch~ A Certificate of Occupancy shall not be issued for any building within the subdivision prior to the installation of the required interior landscaping (determined by site). Development of the property within the subdivision is subject to Conditional Use Permit # 99-040. The only uses allowed within the subdivision without a new Conditional Use Permit are office and restaurant uses. Ail other uses shall require additional zoning approval. All parking shall be retained on-site for all buildings and businesses within the subdivision. 10. All parking and areas of circulation on the three lots shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 11. 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 treatmem and disposal must be designed in accordance with Department 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 epplieant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. If the applicant proposes a common receiving pond for drainage water for the entire site, a drainage operations and maintenance agreemem must be executed between all lot owners. The agreement must be reviewed and approved by the Public Works Department, and a fully executed copy returned prior to signature on the final plat. ~ht~/~ ~ MystcryViewPFP41.OOf Mayor, Council and P&Z September 10o 2001 Page 4 12. 13. 14, Execute the Certificate of Owners and its accompanying Acknowledgement. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. Please add or revise the following plat note(s): (9.)The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation. (I0.) Only a single story building may be built on Lot 2. GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to 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 filing of any ditches crossing this project. ¸2. Any existing domestic wells and/or septic systems within this project will have to be removed fi-om their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Please 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. Recommendation Staff recommends approval of this application with the above noted conditions. Mystery vi~v NOV 1 9 ~00'1 Cll]~ OF MERIDIA~ P~'G & ZO~NG RECE D AFFIDAVIT OF PROPERTY POSTING NOV' ! 9 200l qity Of Meridian City Clerk Office I, Brent Butteffield representing Pinnacle Engineers, 12552 W. Executive Dr., Boise, ID 83713, being first duly sworn upon oath, deposed and say: That the property located west of Allen St. and north of Magic View Dr. (proposed as Mystery View Subdivision) was posted with a hearing notice on November 09, 2001. The posting indicated a proposed three lot preliminary/final 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 ~.,6,a~. My Commission Expires: