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HomeMy WebLinkAboutTrade Plaza Subdivision PP-08-011 ALT-08-025CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~jQ~E IDR IAN,~- ~J In the Matter of Preliminary Plat of 17 Commercial Building Lots on 8.7 acres in a C-G Zone and Alternative Compliance to Reduce the 20-foot Landscape Buffer to 17-feet along the Southern Boundary of Lot 4, Block 1 within Trade Plaza Subdivision, by Trade Plaza Development, LLC. Case No(s). PP-08-011 and ALT-08-025 For the City Council Hearing Date of: February 24, 2009 (Findings on the March 10, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 24, 2009 incorporated by reference) Process Facts (see attached Staff Report for the hearing date of February 24, 2009 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 24, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 24, 2009 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 (LC. §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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-08-011 and ALT-08-025 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 Preliminary Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of February 24, 2009 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 11, 2008 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 February 24, 2009 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary 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 plat, such segments, if submitted within successive intervals of eighteen (18) months, inay 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 inay be 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-08-O1 1 and ALT-08-025 -2- the current provisions of Meridian City Code Title 11. If the above timetable is not met 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 February 24, 2009. B action of the City Council at its regular meeting held on the ~~~ day of r 1~, , 2ooa. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) ~_ ~~ Mayor Tam de Weerd Attest: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-08-O1 1 and ALT-08-025 -3- \\\\111111 U t f ill f7i/!// c~, \~oFwcx~,q ~~ -F,y ~A~~ - Jaycee 'man ity Clerk ;%.,90 Gc~ST tSS ~°j~ ~p\\\' Copy served upon Applicant, The Planning ~~pan#m~~ht, Public Works Department and City Attorney. Dated: 3` ~ ~ "~ ity Clerk's Office C[TY OF MERIDIAN FINDWGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-08-o1 l and ALT-08-025 -4- STAFF REPORT Hearing Date: February 24, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner SUBJECT: Trade Plaza - PP-08-011 & ALT-08-025 ~.~Vl E IDIAN~-- 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Trade Plaza Development, LLC has applied for Preliminary Plat approval of 17 commercial building lots on approximately 8.7 acres. Concurrently, the applicant has submitted an alternative compliance application requesting a reduction to the 20-foot wide landscape buffer along the southern boundary of Lot 4, Block 1 of the proposed subdivision. 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis and is recommending approval for the Trade Plaza Subdivision (PP-08- O 11) with included conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on January 15, 2009. At the public hearing the Commission voted to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Art Berry ii. In opposition: None iii. Commenting: None iv. Written testimony: Lance Warnick v. Staff presenting application: Anna Canning vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Cross access between Phase 1 and Phase 2 of the project. ii. The extension of Corporate Drive proposed with the Waltman Protect. c. Key Commission Change(s) to Staff Recommendation: i. Condition 1.1.1 second bullet: As necessary across-access easement shall be recorded via a recorded document and/or note on the final plat to insure that all lots within the subdivision have direct access to the public street system. ii. Condition 1.1.1 third bullet: No building permits will be issued for the unplatted portion until subsequent final plat or plats are recorded. d. Outstanding Issue(s) for City Council: i. None. ~,. ummarv of City Council Public Hearing: i In favor: Art Berrv ii= In o~nosition: None lit. ommenting: Ron Sar~en iv Written testimony: None v Staff nresentin~ a~tnlication• Bill Parcnnc Other staff commenting on anplication• None Trade Plaza PP-08-O1 1 & ALT-08-025 PAGE 1 ~_ ev Issues of Discussion by Council: >~ Access from Meridian Road and Corporate Drive and internal access within Phase 1 of i~ Council discussed the need to record a cross access agreement and clarified building Hermits for Phase 2 would not be issued until a final plat was recorded ~ Key Council Changes to Commission Recommendation L Condition 1.1.1 second bullet: strike as necessary from the condition. i>i Condition 1.1.1 third bullet to read: No building Hermits will be issued for the nHlatted Hortion identified as Phase 2 until a subseauent final Hlat or Hlats are recorded. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-08-011 as presented in the staff report for the hearing date of February 24, 2009, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-08-011 as presented in the staff report for the hearing date of February 24, 2009, for the following reasons: (you should state specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, the hearing date of (insert continued hearing date here) specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: I move to continue File Number PP-08-011 to for the following reason(s): (you should state NWC of Meridian Road and Corporate Drive Section 13, T3N R1 W b. Owners: Land Investors, LLC 1375 E. Braemere Road Boise, Idaho 83702 Trade Plaza Development, LLC 960 Broadway Avenue, Suite 450 Boise, Idaho 83706 Idadiv Credit Union 1822 N. Midland Boulevard Nampa, Idaho 83687 c. Applicant: Trade Plaza Subdivision, LLC 960 Broadway Avenue, Suite 450 Boise, Idaho 83706 d. Representative: Lance Warrick 5. PROCESS FACTS a. The subject application is for a preliminary plat per City Ordinance. A public hearing is required before the Planning and Zoning Commission and City Council consistent with the provisions of Meridian City Code, Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance. A public hearing Trade Plaza PP-08-O1 1 & ALT-08-025 PAGE 2 is not required consistent with the provisions of Meridian City Code, Title 11, Chapter 5. c. Newspaper notifications published on: December 29, 2008 and January 12, 2009 Commission; February 2 and 16, 2009 (Council) d. Radius notices mailed to properties within 300 feet on: December 19, 2008 Commission; January 30, 2009 (Council) e. Applicant posted notice on site by: January 5, 2009 Commission; February 2, 2009 (Council) 6. LAND USE a. Existing Land Use(s): Vacant commercial land b. Description of Character of Surrounding Area: The subject site is primarily surrounded by developed and undeveloped commercial land/uses. c. Adjacent Land Use and Zoning 1. North: Troutner Park Subdivision and John's Auto Care, zoned C-G 2. East: Commercial restaurants, zoned C-G 3. South: Storage Facility, zoned C-G. 4. West: Unimproved parking lot and office building, zoned C-G and L-O d. History of Previous Actions: On September 18, 2008, the Planning and Zoning Commission heard this item and recommended approval to City Council. Prior to the City Council hearing, the applicant withdrew the application. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: S Meridian Road Location of water: S Meridian Road Issues or concerns: None. 2. Vegetation: Primarily weeds are growing on the site. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 7. COMMENTS MEETING On December 29, 2008 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Sanitary Services Company and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. At this time, a bank is proposed to be constructed in the future to serve area residents. Other uses in the area include drive-throughs, restaurants, drinking establishments and retail stores. Staff believes the future use is compatible with Trade Plaza PP-08-O1 1 & ALT-08-025 PAGE 3 surrounding commercial uses in the area and is consistent with the goals and objectives of the Comprehensive Plan. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject PP application and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Applicable municipal services are: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands are serviced by the Meridian City Fire Department. • The subject lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one right-in/right-out only driveway on Meridian Road; designated an arterial street and one full access driveway on Corporate Drive; designated a collector street. The UDC requires access be taken from local streets when available and access to a local street is not proposed with Phase 1. Further, ACHD and the applicant have entered into a settlement agreement granting access to Meridian Road. The full access driveway to Corporate Drive provides a secondary means of access for the future bank site and first phase of the proposed development. The extension of Third Street with Phase 2 will provide access to local streets in the,future. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed commercial development is appropriate along Meridian Road, a major corridor. • Chapter V, Goal III, Objective D, Action item 5: Require all commercial businesses to install and maintain landscaping." The developer will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping. • Chapter N, Goal I, Obj. A, #6: Permit new commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This parcel is already annexed into the city. Sanitary sewer and water are available to this parcel. Trade Plaza PP-08-O1 1 & ALT-08-025 PAGE 4 • Chapter VI, Goal II, Objective A, Action 13: Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Corporate Drive is currently stubbed at the west property line and 3rd Avenue is stubbed at the north property line approximately 950 feet from Meridian Road. The applicant is proposing to extend Corporate Drive approximately 480 feet with a temporary emergency turnaround with Phase One of the development. The remainder of Corporate Drive, to connect with the existing Corporate Drive to the west, and the extension of 3"~ Avenue are proposed to be constructed with Phase 2 of the development. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. A credit union is anticipated on this site. Financial institutions are principally permitted use in the C-G district, however if a drive through teller window is proposed, it will require CUP approval if the drive-through facility is within 300 feet of another drive-through facility. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. PRELIMINARY PLAT ANALYSIS: Analysis of Facts Leading to Staff Recommendation a. Plat Design --The proposed preliminary plat depicts 17 buildable lots on approximately 8.7 acres of land in a C-G zoning district with a proposed gross density of 1.96 lots per acre. Proposed lots range in size from 13,151 square feet to 40,313 square feet and average 19,943 square feet. Further, a 35-foot wide street buffer landscape easement is required along Meridian Road, classified as an arterial street and an entryway corridor, a 20-foot wide street buffer landscape easement is required adjacent to Corporate Drive, classified a collector street and a 10-foot wide street buffer landscape easement along 3`d Avenue, classified a local street is required per UDC Table 11-2B-3. Phasing Plan: The applicant is proposing to phase the project in two phases. With phase one the applicant is proposing to plat 5 commercial lots. With phase two the remaining twelve commercial lots are proposed for platting. It is the intention of the applicant to plat phase one of the project to proceed with the development of the Credit Union on the site. The platting of phase two is contingent upon market demand. Staff is generally supportive of the phasing plan proposed by the applicant. b. Zoning (Dimension) -The site is currently zoned C-G. Therefore, the applicant must comply with the dimensional standards for the C-G zoning district listed in UDC Table 11-2B-3 as outlined in this report. In addition, the applicant must comply with the allowed uses in the C-G district outlined in UDC table 11-2B-2. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The purpose of the plan is only to illustrate the required perimeter landscape buffers required for the proposed subdivision. The UDC requires a 35-foot wide landscape buffer adjacent to Meridian Trade Plaza PP-08-01 1 & ALT-08-025 PAGE 5 Road; designated an entryway corridor, a 20-foot wide landscape buffer adjacent to Corporate Drive and a 10-foot wide landscape buffer along 3'd Avenue. In addition, all landscape buffers shall be planted with trees and shrubs, lawn or other vegetative groundcover. Staff has reviewed the submitted landscape plan and finds the landscape plan submitted substantial complies with the UDC. However, a portion of the landscaping will be located within ACHD right-of--way. Therefore, the applicant shall enter into a license agreement with ACHD to allow landscape improvements within the right-of--way. Alternative Compliance: The applicant has applied for alternative compliance to allow for a reduced buffer along lot 4, Block 1 of the proposed subdivision. The applicant is proposing a 17-foot landscape buffer instead of the 20-foot wide landscape buffer required by the UDC. The reason for the reduction is ACHD is requiring additional right-of--way at the intersection which parallels the future bank site (Lot 4, Block 1). Thus, the shape is affected by this action. The proposed 17-foot wide landscape buffer will include the required amount of trees, lawn and a 4-foot shrub bed. The remaining buffers along Third Street and Corporate Drive are proposed to be planted with the required amount of trees, lawn and required buffer width. Staff believes the applicant is meeting the intent of the landscape ordinance and this portion of the landscape buffer adjacent to Corporate Drive will add to the visual interest of the proposed development. In Lieu of the Landscaping Standards, staff supports and approves ALT-08-025 associated with the findings in Exhibit C. Parking Lot Landscaping: Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which should comply with UDC 11-3A-8. Access: Access to this development is proposed from aright-in/right-out only access driveway to/from Meridian Road located approximately 150 feet north of the intersection. The applicant states a settlement agreement with ACHD grants a curb cut on Meridian Road. Another full access driveway is proposed along Corporate Drive approximately 250 feet from the intersection. In addition, the applicant is proposing to extend Corporate Drive approximately 480 feet with a temporary emergency vehicle turnaround with Phase 1 of the development. The remainder of Corporate Drive (approximately 783 feet) and the extension of 3`d Street (stubbed at the north property boundary) are proposed to be constructed with Phase Two. UDC 11-3A-3 prohibits direct lot access to arterial and collector streets when local street access is available. With Phase 1 of the proposed plat, the applicant is not proposing access to a local street. With Phase 2 of the project, the applicant should provide access to local streets and provide the connectivity between Phase 1 and Phase 2 of the proposed plat per the UDC. Staff is recommending the applicant provide an ingress/egress easement along the western boundary ensuring cross access with Phase 2 of the project and access is taken to/from a local street per the UDC. With final plat submittal, the applicant shall depict the easement on the plat as described above. Cross-Access: With the amount of lots proposed with this commercial subdivision, staff has concerns with the potential access points that could occur on Corporate Drive with this project; particularly since the applicant has not shown any additional curb cuts (driveways) for Phase 2. Cross access should also be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement, so all lots have access to the public street system. A copy of the recorded cross access easement(s) should be provided at the time of final plat submittal. Elevations: The applicant has stated in the narrative a credit union is proposed for Lot 4, Block 1 in the near future and is aware a CUP is required to establish adrive-through use on the site per UDC 11-4-3.11. Therefore, the applicant has provided staff with photos of an existing Idadiv Credit Union. Staff has reviewed the photos and believes the building shown in these photos (attached in Trade Plaza PP-08-O1 l & ALT-08-025 PAGE 6 Exhibit A) would not conform to design review standards of the UDC. Staff realizes these photos are for informational purposes only; however, any future building shall be subject to design review approval prior to release of building permit for the site. Staff is recommending additional elevations be made available to staff prior to the hearing. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: December 11, 2008) 3. Landscape Plan (dated: December 11, 2008) 4. Photos of Existing Idadiv Credit Union (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health C. Required Findings from the Unified Development Code Trade Plaza PP-08-O1 1 & ALT-08-025 PAGE 7 A. Drawings 1. Vicinity Map Exhibit A 2. Preliminary Plat (dated: December 11, 2008) .in,.., p• a,<-..~.. ~. ..,o .,,,, aazsiHa ea-rszv iaJ .mss I}- 1F J.I. lA mld :\OLL J:94011 / 51.1TIR .4WJ YO/ I/ZI Z,~ P - ~ ~ ~ - ~'~ ~~~ p !. •> ~xl ,u Wz. 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Landscape Plan (dated: December 11, 2008) ~ ~~~~~€ ug~E°~` ~ _ ISO SIi Qom"., ~ . -_ -~--'~- ~i W k la_. - < C ^_ eem ut' ~_ ~ ~~~a3t~~ '~ ~~~~' Y e ° Y g r Y Sr #~ ~ gY~~3 ~~ ~ ~d R" xd. 2E ~Y~~ 6 x ~ ~ ~~3 ~~ ~~~~ k 42 W f ~ Y .. I- ~ ~~X tai ~~~~ m 1 ~ .; U a ~' ~ ~. ~ s~~ x ~v ~I~ ~0 ~~ ~ ~ - ~~ ~ ~ '4 ~ ~~ ~~ ~~ r ttt ~ s4 ~~ ~; rpS~ {~ H a Mr rk ~: yr O a ~~ d $,;~? J w ri v .~ 9 w ' <R~ z' ~~x s5' $~~ K Exhibit A 4. Photos of existing Idadiv Credit Union (NOT APPROVED) ~ ~ ~, x ~' ~. ~ , ~~ g ~,p, pn i K'~~d j ~~~ "' z {~ 3 ~ ~t ~~~ ~,t ~ '' ~~ ,.; „ t ~, T r ~,.:~ .t y..ix~~,~~~' ?, ~h k ~ ~# ~ t ~ ¢a ~' i ,' ~ tx g * °' ~. .. a 't t ~~~'.~,~ _,z, m. e, . ,~ . Exhibit A .~ B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Treasure Valley Engineers, dated December 11, 2008, is approved, with the conditions listed herein and with the following changes: • A 35-foot wide street landscape buffer easement is required along Meridian Road. A 20-foot wide street landscape buffer easement is required adjacent to Corporate Drive and a 10-foot wide street landscape buffer easement is required along 3`d Avenue per UDC Table 11-2B-3. As approved with ALT-08-025, a 17-foot wide landscape buffer easement is required adjacent to Lot 4, Block 1. • A cross-access easement shall be recorded via a recorded document and/or note on the final plat to insure that all lots within the subdivision have direct access to the public street system. • No building permits will be issued for the un latted portion identified as Phase 2 until a subsequent final plat or plats are recorded • Driveways shall be from Corporate Drive (full driveway) and Meridian Road (right-in/right- out only driveway), as proposed. Future driveways and/or access shall be in accordance with UDC 11-3A-3. • The remaining portion of Corporate Drive and Third Street shall be extended with Phase 2, as proposed. 1.1.2 The landscape plan prepared by Treasure Valley Engineers, dated December 11, 2008 labeled L-1 (attached in Exhibit A), is approved with following modifications from the Planning Department: • Enter into a license agreement with ACHD to include landscape improvements within the right-of--way adjacent to Corporate Drive. • All required landscape buffers shall be constructed in accordance with UDC-11-3B-7. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-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 assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9- 1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. Exhibit B 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 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 mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.8 All future buildings within the Trade Plaza Subdivision shall be subject to the Design Review standards that are in effect at the time of application submittal. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to City's Engineers signature on the final plat. 1.2.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in S Meridian Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of the 10 inch main in Meridian Road. Due to fire flow requirements the applicant will need to continue to install a 10-inch water main along the proposed W Corporate drive from S Meridian Road to the end of the temporary vehicle turnaround. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Exhibit B 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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, asingle-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 assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 A11 existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall 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. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3- feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the foundation is at least 1-foot above. Exhibit B 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support a weight of 75,000 lbs. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 Maintain a separation of 5' from the building to the dumpster enclosure. 3.8 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898- 5500 to address this concern prior to the public hearing. 3.9 There shall be a fire hydrant within 100' of all Fire Department connections. 3.10 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around; edge of pavement for the turn around shall measure 96 feet in diameter. Phasing of the project may require a temporary approved turn around on streets greater than 150 feet in length with no outlet Exhibit B 3.11 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.12 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.13 Provide cross access between Phase 1 and Phase 2 of the project. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. POLICE DEPARTMENT 4.1 The Police Department has not provided comments on the subject application. 5. PARKS DEPARTMENT 5.1 The Parks Department has not provided comments on the subject application. 6. SANITARY SERVICE COMPANY 6.1 No comments were provided by SSG. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Construct Corporate Drive as one of the following: a. If funds are available to the District at the time the applicant moves forward with the project, enter into a development agreement with ACHD to design and construct the entire width of Corporate Drive-including curb and gutter on both sides, 5-foot detached sidewalk on the north side, and 5- foot attached sidewalk on the south side-abutting the site. ACHD shall be responsible to reimburse the applicant for the costs of 6-feet of pavement width and curb, gutter, and sidewalk improvements along the south side of Corporate Drive. If the District enters into an agreement with the applicant to improve the south side of Corporate Drive, the applicant should coordinate Exhibit B with District staff and property owners to the south to ensure the appropriate location of access points along the south side of Corporate Drive. b. If funds are not available to the District or an agreement is not entered into, improve Corporate Drive to one half of a 40-foot street section with curb, gutter and 5-foot detached sidewalk on the north side plus 12-feet of pavement on the south side. 7.2 Dedicate 17-feet ofright-of--way along Corporate Drive 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. Allow up to 30 business days to process the right-of- way dedication after receipt of all requested material. 7.3 Provide a minimum 10-foot sidewalk easement along the north side of Corporate Drive abutting the site. 7.4 Dedicate additional right-of--way and provide a sidewalk easement as necessary to accommodate the widened section of Corporate Drive toward Meridian Road. The District shall be responsible for the purchase of this additional right-of--way, with the exception of a sidewalk easement. Provide this sidewalk easement to the District at no cost. 7.5 If the development is final platted in phases and Corporate Drive is not constructed through the site, construct a minimum 45-foot radius temporary turnaround at the west terminus of Corporate Drive on the Phase 2 portion of the site. Provide a turnaround easement for any portion of the turnaround that lies outside the dedicated right-of--way. 7.6 (Phase 2) Construct Third Avenue as a 40-foot commercial street section with vertical curb, gutter, and 5-foot attached sidewalk on both sides abutting the site. 7.7 (Phase 2) Dedicate 54-feet ofright-of--way along Third Avenue 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. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. 7.8 Construct one curb-return type access onto Meridian Road from the site, located approximately 150- feet north of Corporate Drive (measured near-edge to near-edge). The driveway shall be no wider than 36-feet, and paved its full width at least 30-feet into the site. 7.9 Construct one curb-return type access onto Corporate Drive, located approximately 250-feet west of Meridian Road (measured near-edge to near-edge). The driveway shall be no wider than 36-feet, and paved its full width at least 30-feet into the site. 7.10 Request approval for any additional access onto Corporate Drive. 7.11 Other than the access specifically approved with this application, direct lot access to Meridian Road is prohibited, and shall be noted on the final plat. 7.12 Comply with all Standard Conditions of Approval. Standard Conditions ofA~pYOVaI 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Exhibit B 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at the time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water 8.3 Run-off is not to create amosquito-breeding problem. 8.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center Exhibit B C. Required Findings from the Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council generally supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to their attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR ACRD is requiring additional right-of--way at the intersection which parallels the future bank site (Lot 4, Block 1) and site design has commenced making it difficult to conform to the required 20-foot wide landscape buffer. Therefore, Staff finds the applicant's request meets the intent of the City's landscape standards. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The alternative the applicant is proposing exceeds minimum planting requirements of the UDC. Therefore, Staff is supportive of the applicants request for alternative compliance from the landscape standards reducing the buffer from 20 feet to 17 feet. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit C