HomeMy WebLinkAboutGala Park PFP 03-001BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/03/02
IN THE MATTER OF THE REQUEST
FOR PRELIMINARY/FINAL PLAT FOR
GALA PARK SUBDIVISION, LCOATED AT
1620 CELEBRATION AVENUE, MERIDIAN,
IDAHO
BY: PAUL AIGNER,
APPLICANT
CASE NO. PFP-03-001
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 June 3, 2003, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department,
appeared and testified at the hearing, and the City Council having received a report from Steve
Siddoway Planner II for the Planning and Zoning Department and Bruce Freckleton, 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 Plat Drawing described as follows, "PRELIMINARY PLAT, GALA PARK
SUBDIVISION, A RESUBDNISION OF LOT 1, BLOCK 2, RESOLUTION SUBDIVISION
NO. 1, SITUATED IN THE NW '/< OF SECTION 20, T. 3N., R. lE., B.M., CITY OF
MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT PROJECT # 02-200, GALA
PARK SUBDIVISION, SHEET SHTS 1, HANDWRITTEN DATE: 14 FEB 03, DESIGNED
BY: DES, DRAWN BY: JHM, PLOT DATE: PD, DRAWING FILE NAME: DWG,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001)
page i of 9
ANDERSON-DAVID & ASSOCIATES, INC. -LAND SURVEYING SERVICES", Paul
Aigner 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 makes the following findings:
FINDINGS OF FACT
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, and requires connection to the Municipal Water and Sewer System. [see
Meridian City Code, Section 11-7-2 G]
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 development within the City's
Capital Improvement Program and if the conditions which aze 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001) page 2 of q
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 aze herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary/Final Plat of the applicant as evidenced by "PRELIMINARY
PLAT, GALA PARK SUBDIVISION, A RESUBDIVISION OF LOT 1, BLOCK 2,
RESOLUTION SUBDIVISION NO. 1, SITUATED IN THE NW '/4 OF SECTION 20, T. 3N., R.
lE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, PRELIMINARY PLAT PROJECT
# 02-200, GALA PARK SUBDIVISION, SHEET SHTS 1, HANDWRITTEN DATE: 14 FEB
03, DESIGNED BY: DES, DRAWN BY: JHM, PLOT DATE: PD, DRAWING FILE NAME:
DWG, ANDERSON-DAVID & ASSOCIATES, INC. -LAND SURVEYING SERVICES", has
been submitted for preliminary/final plat.
2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as
set forth in the Memorandum to the Mayor and City Council from Steve Siddoway Planner II for
Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINALPLRT -GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001) page 3 of g
Hearing Date: May 1, 2003, listing 9 Site Specific Comments (preliminary/final plat), a true and
correct copy of which is attached hereto and marked Exhibit "A", and consisting of three pages,
and by this reference incorporated herein, with the additional requirements from the City Council
from their meeting of June 3, 2003, and the requirements are as follows, to-wit:
1. For clarification, Lot 2, on the east, shall require a Conditional Use Permit for any
future business development.
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS -PRELIMINARY/FINAL PLAT
1. Complete the Certificate of Owners and accompanying Acknowledgment (Sheet 2 of
the final plat).
2. Graphically depict a 10-foot wide landscape buffer easement on the plat adjacent to
South Celebration Avenue and East Gala Street. The easement may be crossed by approved
vehicular access points.
3. Sanitary sewer and water service to this development shall be via service line
extensions from the existing City ofMeridian mains adjacent to the project.
4. Pressurized irrigation within this development will be from the existing system. that
was installed as part of the Resolution Subdivision.
Add or revise the following final plat notes:
(1.) ...Idaho Code Section 31-3805, as it pertains to irrigation water.
(6.) Building setbacks and dimensional standards in this subdivision shall be in
compliance with the anplicable zoning regulations of the City of Meridian
(7.) All lot lines common to nublicrlght-of--ways, and the exterior subdivision
boundary have a 10-foot wide permanent public utilities drainage and
irrigation easement unless dimensioned otherwise However, this shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001) page 4 of 9
not preclude the construction of proper hard surfaced driveways for access
to each individual lot.
(8.) The bottom elevation of structural footings shall be set a minimum of 12-
inches above the highest established normal ground water elevation.
6. Provide CCR's or provide evidence that this subdivision will be subj ect to Che terms
and conditions set forth in the original Resolution Subdivision.
7. Please modify the text of section comer descriptions to make them more legible.
8. Please make the exterior subdivision boundary line weight heavier, and the easement
lines dashed. Confirm that the line weights and styles match what is shown in the legend.
9. Ten (10) copies of a revised plat was submitted to the City Clerk's Office for this
plat.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
Locate any driveways on Celebration Avenue and Gala Street a minimum of 50-
feet from any public street intersection (measured near edge to near edge). Pave
all driveways on Celebration Avenue and Gala Street to their full width
(maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement
of the roadway.
2. Direct lot or pazcel access to Overland Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat.
3. Comply with all Standazd Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT- GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001)- page 5 of 9
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. 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.
6. 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.
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.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant tc verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLIlVE
(1-800-342-1585) 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 ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001) page 6 of 9
11. 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project.
Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. All roads internal fire lanes and entrances shall have a turning radius of 28'
inside and 48' outside.
4. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. All fire lanes shall have an obstructed driving width of 20' available at all times.
D. Adopt the Recommendations of Central District Health Dept as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINALPLRT -GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001) page ~ of 9
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. 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.
E. Adopt the Recommendations of Nampa & Meridian hrigation District as follows:
1. A Land Use Change application must be filed with the Irrigation District.
2. All storm drainage must be retained on site. All laterals and wasteways must be
protected. The developer must comply with Idaho /code 31-3805.
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 ofoff--site and required on-site improvements; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW'
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -GALA PARK SUBDIV1S1ON
BY: PAUL AIGNER - (PFP-03-001) page 8 of 9
By action of the City Council at its regular meeting held on the 24~day of ~~+^~-
2003.
By:
ROBERT D. CORRIE
Mayor, City of Meridian
Attest: \r~~~ u n u i u u~~ n
~••,~y pF AAE~gj~i ~~''%
G~ GoaaoNq r 9y '%
William G. Berg, Jr., City Clerk 9GCG ,~a° p c°
Copy served upon Applicant,
and City Attorney.
%'yp Sr lsT • .Z
''''gcOUNTY ~ \~Q````~~
the Planning aiSdt~ioining`15epartment, Public Works
City Clerk ~
6 -26-® 3
Z:\Work\M\MeridianVvleridian 15360M\Gala Park Sub PFP 03 OOl\PreLimPlatFinalPlatFfCls.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -GALA PARK SUBDIVISION
BY: PAUL AIGNER - (PFP-03-001)
,~.~~ pF MEFtl~f9'~~
v~ \~GORPOH.a rFa ti
~~r~~9
- ~ -
e
~~''~,,, ~ourvzY , ~0,.~~~,
~~~~~t71f 1111111~~~\`
page 9 of 9
HUB OF TREASURE VALLEY
MAYOR A Good Place to Live LEGAL DEPARTMENT
Robert D. Corrie CITY OF MERIDIAN (208)466-9272 •Fax 466405
CITY COUNCII. MEMBERS PUBLIC WORKS
' Tamm deWeerd
y 33 EAST IDAHO BUILDING DEPARTMENT
(208) 898.5500 • Faz 887-1297
xeith Bira MERIDIAN, IDAHO $3642
' Cherie McCandless (208) 888-0433 • FAX (208) 887-0813 PLANNING AND ZONING
City Clerk Office Fax (208) 885-0218 DEPARTMENT
William L.M. Nary _ (ZOS) 8845533 ~ FAX 888.6854
MEMORANDUM: Hearing Date: May 1, 2003
To: Mayor, City Council and Planning & Zoning Commission
From: Steve Siddoway, Planner II ~wrv-°- ~~~
Bruce Freckleton, Senior Engineering Tech APR 2 5 2403
Re: Gala Park Subdivision
City Of 1VlerzdiB3i
City Clerk Office
• Preliminary/Final Plat Approval of a Two (2) Lat Subdivision on 2.46 Acres
in an L-O Zone, by Paul Aigner (File No. PFP-03-001).
R'e have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless eapresaly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The Applicant, Paul Aigner, has applied for PreliminarylFinal Plat approval of a two (2) lot
office (L-O) subdivision on 2.46 acres of land located in Resolution Business Park at the
intersection of Overland Road and Celebration Ave., approximately'/a mile east of Locust Grove
Road.
The site is located on existing Lot 1, Block 2 of Resolution Business Park, which is currently
vacant. The site is owned by Millenium Pediatric Associates, LLC. The proposal is to subdivide
the existing 2.46 acre lot into two lots (1.22 acres and 1.24 acres). The minimum lot size for the
L-O zone is 7,000 square feet (or 0.16 acres), so the proposed lots are still well above the
minimum lot size.
The applicant's intent is to construct a pediatric clinic on Lot 1 of the resubdivision. The
applicant has provided a copy of the proposed site plan with this plat application. The site plan
was recently approved as a conditional use permit on January 14, 2003 (CUP-02-034).
Condition 12.1 of the Findings of Fact and Conclusions of Law for Resolution Business Park
(CUP-00-O1'~ requires that all "future phases of the project shall require separate Conditional
Use Permits for each phase...." Thus, lot 2 must also be developed under the Conditional Use
process, unless the condition is modified by Council.
Landscaping along Overland Road, irrigation, sanitary sewer & water services, and other
required subdivision improvemems have already been installed to the site.
G ~ +T C7t
Planning & Zoning Commission/Mayor & City Council
May 1, 2003
Page 2
Landscaping along Overland Road, irrigation, sanitary sewer & water services, and other
required subdivision improvements have already been installed to the site.
LOCATION
The p roperty i s l ocated on t he s outh s ide o f 0 verland R oad, approximately halfway b etween
Locust Grove Road and Eagle Road.
SURROUNDING PROPERTIES
North: Vacant land, zoned C-G.
South: Vacant land, zoned L-O in Resolution Business Park and Mountain View High School,
zoned R-4.
West: Vacant land, zoned L-O in Resolution Business Park.
East: Vacant land, zoned RUT (Ada County).
PRELIMINARY PLAT FINDINGS AND REQUIREMENTS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: " In determ;n;ng the acceptance of a proposed
subdivision, the Cornmission/Council shall consider the objectives of this title and at least the
following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds the subdivision to be in conformance with the Comprehensive Plan. The
Future Land Use map designates the property as Commercial. Clinics and professional
offices are permitted land uses under the Commercial designation.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are available to accommodate the proposed development.
Water and s ewer se rvices w ere s tubbed t o the proposed 1 ots a s p art o f the R esolution
Subdivision improvements.
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 fmds that the development will not require major expenditures for providing
supporting services.
err-0~-aoi
~x~,~b~-~ ..~.~ a Q~ ~ ~P~~P~
Planning & Zoning Commission/Mayor & City Council
May 1, 2003
Page 3
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff fords that there should not be any other health, safety or environmental problems
associated with this subdivision that may be brought to the Council or Commission's
attention.
SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT
Complete the Certificate of Owners and accompanying Acknowledgment (Sheet 2 of the
final plat).
Graphically depict a 10-foot wide landscape buffer easement on the plat adjacent to
South Celebration Avenue and East Gala Street. The easement may be crossed by
approved vehicular access points.
3. Sanitary sewer and water service to this development shall be via service line extensions
from the existing City of Meridian mains adjacent to the project.
4. Pressurized irrigation within this development will be from the existing system that was
installed as part of the Resolution Subdivision.
5. Add or revise the following final plat notes:
(1.) ...Idaho Code Section 31-3805, as it pertains to irrigation water.
(6.) Building setbacks and dimensional standards in this subdivision shall be in
compliance with the applicable zoning regulations of the City of Meridian.
(7.) All lot lines common to public ri t-of--ways, and the~cterior subdivision
boundary have a 10-foot wide roemianent public utilities, drainage and irrigation
easement. unless dimensioned otherwise. However, this shall not preclude the
construction of romper hard surfaced driveways for access to each individual lot.
(8.) The bottom elevation of structural footings shall be set a ,,,;,,;,,,um of 12-inches
above the highest established normal around water elevation.
6. Provide CCR's or provide evidence that this subdivision will be subject to the terms and
conditions set forth in the original Resolution Subdivision.,
Please modify the text of section comer descriptions to make them more legible.
8. Please make the exterior subdivision boundary line weight heavier, and the easement
lines dashed. Confirm that the line weights and styles match what is shown in the legend.
9. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office at least ten
days prior to the next public hearing for this plat.
~~` ~ I u ^ ~~ /1+A/
PPP-03-001 b / T1 I/~, ~ O ~ Gala Park.PFP