HomeMy WebLinkAboutWenco Subdivision P/FP-01-007BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02-05-02
IN THE MATTER OF THE )
REQUEST FOR )
PRELIMINARY/FINAL PLAT )
FOR WENCO SUBDIVISION )
(WENDY'S) OF 2 BUILDING )
LOTS APPROXiMATELY 1.46 )
ACRES IN A C-G ZONE, )
LOCATED AT THE )
SOUTHEAST CORNER OF )
CORPORATEDRIVE AND EAST )
1 ST STREET, MERIDIAN, )
IDAHO )
)
BY: WENCO, INC.
Case No. P/FP-OI-O07
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF
PRELIMINARY/FINAL PLAT
The above entitled matter coming on regularly for hearing before the City
Council on February 5, 2002, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified at the hearing, and the City Council having received a report
from Bruce Freckleton, Engineering Technician III, and David McKinnon, Planner
for the Planning and Zoning Department, and the City Council having received as
part of the record of this matter the recormnendation to City Council of the Planning
and Zoning Commission and the applicant having submitted the Plat Dra~xdng
described as follows, "PRELIMINARY PLAT OF WENCO SUBDIVISION, A
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-OI-O07)
- I
PORTION OF GOVERNMENT LOT 2, LYING IN THE NW I/4, SECTION 18,
T.3N., R. 1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, DWG\2380-PRE,
DRAFT: jdd, DATE: SEPTEMBER 2001, PROJECT NO. 2380-1, TEALEY'S LAND
SURVEYING, WENCO (DALE NAGY) DEVELOPER/OWNER, AND PLAT OF
WENCO SUBDIVISION, A PORTION OF GOVERNMENT LOT 2, SITUATED
IN THE NW 1/4, SECTION 18, T.3N., R. 1E., B.M., MERIDIAN, ADA COUNTY,
IDAHO 2001, PROJECT NO. 2380, SHEET 1 OF 2, 2380-PLT.DWG 09-12-01,
TEALYE'S LAND SURVEYING", submitted for preliminary/final plat approval and
rvhich 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
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 C-G General Retail and Service
Commercial District, and requires connection to the Municipal Water and Sewer
System. [see Meridian City Code, Section 11-7-2 K.]
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-01-007)
~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 Recom~nendation 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 tl~e above and foregoing Findings of Fact which
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-01-007)
-3
are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Final Plat of the applicant as evidenced by "PRELIMINARY PLAT OF WENCO
SUBDIVISION, A PORTION OF GOVERNMENT LOT 2, LYING IN THE NW 74,
SECTION 18, T.3N., R. 1E., B.M., MERiDIAN, ADA COUNTY, IDAHO 200i,
DWGL2380-PRE, DRAFT: jdd, DATE: SEPTEMBER 2001, PROJECT NO. 2380-1,
TEALEY'S LAND SURVEYING, WENCO (DALE NAGY) DEVELOPER/OWNER,
AND PLAT OF WENCO SUBDIVISION, A PORTION OF GOVERNMENT LOT
2, SITUATED IN THE NW 1/4, SECTION 18, T.3N., R. 1E., B.M., MERiDIAN,
ADA COUNTY, IDAHO 2001, PROJECT NO. 2380, SHEET 1 OF 2, 2380-
PLT,DWG 09-12-01, TEA]LYE'S LAND SURVEYING", 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 McIGnnon, Planner for Planning and Zoning,
and Bruce Frecldeton, Engineering Technician III, dated December 18, 2001, listing
13 Site Specific Comments and 2 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 February 5, 2002, and the requirements are as follows, to-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-01-007)
-4
1.1
Comply with the Deputy Fire Chief, Joseph Silva's requirements
as follows:
Provide a fire-flow as required by the 1997 UFC Appendix
III-A. Show all proximity hydrants within 500' of the
project on the resubmitted plat.
All access road corners will have to have 28' inside radius
and 48' outside radius.
The proposed buildings and uses shall comply with the
1997 UFC.
Acceptance of water supply for fire protection is contingent
upon acceptance of the water system by the City of
Meridian for water quality.
Final approval of fire hydrant locations shall be by the Fire
Department.
Insure that all yet undeveloped parcels are maintained free
of combustible vegetation per 1103.2.4 of the UFC.
The road,vays shall be built to Ada County Highway
Standards. UFC 902.2.1
1.2
Comply with Central District's Health Department
Environmental Health Division, dated 11/23/01.
1.3
Adopt the ACHD Recommendations from their Revised
Recommendations dated January 22, 2002, as follows:
a. Dedicate 775-square feet of right-of-way on the northwest
corner of East 1st Street and Corporate Drive. The dimensions
shall provide a 775-square foot triangle. The triangle shall be a
right triangle with right-of way from the southeast corner of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-01-007)
-5
the property on East 1st extending 31-feet north of Corporate
Drive. The right triangle on Corporate Drive shall be from the
southeast corner of the property extending 25-feet west of
East 1st Street. The right-of-way abutting the parcel shall be
dedicated 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. The
right-of-way purchase agreement shall be completed and
signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission.
Dedicate 40-feet of right-of-way from the centefline 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. The right-of-way purchase agreement
shall be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD
Commission.
Construct a right-in/right-out, lek-in driveway located
approximately 140-feet north of Corporate Drive. Lek-turns
out of the site are not permitted. Install an on-site sign that
states "LEFT TURNS PROHIBITED". The driveway may be
restricted to all left turning movements in the future. ACHD
may install a concrete median in Meridian Road when
warranted.
The driveway that is proposed on Corporate Drive located
approximately 180-feet west of East 1st Street is approved as a
full access driveway.
The proposed internal driveway to be shared with the
property directly to the north is approved with this
application. The applicant shall provide a recorded cross
access easement for the parcels to the north to use this parcel
for access to the public roadway network.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT- WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-O1-007)
- 6
Construct a 5-foot wide detached concrete side~valk on
Meridian Road and East 1 st Street 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 sidewalk.
Replace unused curb cuts on Corporate Drive, Meridian Road
and East 1st Street with standard curb, gutter and concrete
sidewalk to match existing improvements.
Replace any damaged curb, gutter and/or side~valk on
Corporate Drive, Meridian Road and East 1st Street with new
curb, gutter and/or concrete sidewalk to match existing
improvements. Segments to be replaced shall be determined
by ACHD Construction Services staff.
Pave the driveway its full width of 30- to 40-feet and at least
30-feet into the site beyond the edge of pavement of Meridian
Road with 15-foot curb radii.
j. Provide a minimum of lO0-feet of stacMng distance from the
drive-thru window to the public roadway system.
k. Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District.
1. Any existing irrigation facilities shall be relocated outside of
right-of-way.
m. All utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer.
Other than the access points specifically approved with this
application, direct lot or parcel access to Corporate Drive, East
1st Street and Meridian Road is prohibited.
o. Additionally, ACHD's Standard Requirements listed
within their February 19, 2002, letter shall be complied
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT- WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-O1-007)
-7
with.
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 ,~-/~A .day of
2002.
~:RT D. CORRIE
,r, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk
Dated:
\L204.229.127.194kserverz\WorkVVlVVleridian~leridian 15360M~Wenco S
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT- WENCO SUBDIVISION -
(WENDY'S) / BY WENCO, INC. (PFP-O1-007)
- 8
-/
N.L\YOR
Robes D, Cotfie
C[I5' COUkNCIL MEMBERS
Ron Pmdetson
Keith Bkd
Tammy deLVee~d
Clmfie ~kCa~ess
HUB Ob [/1 ,~kld~C,'/¢/~ VA(.H;i'
A Good Placc m Livc
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-445.3. F3X (~08) 88748[3 ,
Ciky Qe& Office Fax (98) 8884.218
lVI~MORANDUM:
To:
From:
Mayor, City Council and Planning & Zoning Commission
Brace Freckleton, Assistant to City Engineer ~
David McKinnon, City Planner 1~
December 18, 2001
RECEIVED
DEC I $ 20§1
City of Meridian
City Clerk Offi,,~
Re: A Request for Preliminary/Final Plat Approval of a Two Lot Subdivision, located in
a C-G zone by Wenco, Inc. (File No. PFP-OI-O07).
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council'.
APPLICATION SUMMARY
Wenco, Inc. has made a request to subdivide a parcel of land located at the southeast comer of the
intersection of Corporate Drive and East First Street into two parcels of land. The applicant has
already requested approval fi`om the City to build a Wendy's hamburger restaurant on the eastern side
of the existing single parcel of ground.
At some time in the past, the owners of the property had a record of survey drawn up and recorded
without consent or acknowledgement from the City, thus creating an illegal lot. In order for the City
to recognize the property as two distinct parcels of land, the property must be legally subdivided in
accordance with City's Subdivision Ordinance.
LOCATION & SURROUNDING USES
The subject property is located directly north of Corporate Drive and bordered by Meridian Road on
the west and East First Street on the east.
The following uses surround the subject property:
North -A Blimpie's restaurant and Round Table Pizzeria, zoned C-G.
South -Bolo's and Taco Bell, zoned C-G.
East - Vacant land, zoned
West -Vacant land, zoned C-G.
PRF,!,IMINARY/FINAL PLAT FINDINGS AND REQUIREMENTS
Planning & Zoning Commission/Mayor & City Council
December 18, 2001
Page 2
Sections 12-3-3 J. 2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision the Commission/Council shall consider the objectives of this rifle and at least the
following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
Stafffinds the subdivision is in conformance with the Comprehensive Plan.
b. The availability of public services to accommodate the proposed development;
Stafffinds 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.
e. The continuity of the proposed development with the capital improvement
program;
Stafffinds that the subdivision will not require the expenditure of capital improvement funds.
d. The public financial capability of supporting services for the proposed
~ development;
Stafffinds 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 shall be considered in full, unless expressly modified or deleted
by motion of the Meridian City Council:
SITE SPECWIC COM/VlE~S
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 submitted. A letter of credit or cash in the amount of110%
will be required for these improvements prior to signature on the final plat.
PFP~01-007
Planning & Zoning Commission/Mayor & City Council
December 18, 2001
Page 3
¸.
10.
I1.
12.
All of the required street buffer landscaping shall be installed prior to the issuance of a
Certificate of Occupancy for the lots created by the subdivision and shall be bonded for prior
to signature on the Final Plat.
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 must 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 must be designed in accordance with Department of
Environmental Quality 1997 publication, "Catalog of Storm Water Best Management
Practices for idaho CRies 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.
Revise the final plat to show the RPOB with the referenced "Brass Cap" symbol as noted in
the legal description of Certificate of Owner's, and show the segment lengths of the north
boundary line.
Please shoTM the distance fi.om the northwest comer of Section 18 to the calculated point of
the north boundary line extended, as well as the record distance as noted in the the legal
description of Certificate of Owner's.
Please add the following plat note:.
(7.) The bottom elevation of structural footing shall be set a minimum of 12-inches above the
highest established normal groundwater elevatior~
It is staff's opinion that the 5-foot wide by 20.61-foot wide section along the west boundary
should be included in the right-of-way dedication. Please revise the final plat map to reflect
this change.
The Professional Land Surveyor preparing this plat shall execute the Certificate of Surveyor.
Please complete the Certificate of Owner's and its accompanying Acknowledgement.
PFP-01-007
W~ndy~.plzl'
Planning & Zoning Commission/Mayor & City Council
December 18, 2001
Page 4
13.
StafFs failure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance.
GENERAL COMMENTS
Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be filed 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 tiling of any ditches crossing this project.
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.
COMPREI:rE~NSIVE PLAN ANALYSIS
The 1993 Comprehensive Plan contains a variety of goals and'l~Olicies relevant to this application.
The following sections most directly apply to the proposed project and are repeated here for the
Council and Commission's consideration during the hearing process.
Goal 3 is "to encourage the kind of economic growth and development which supplies employment
and economic self-suffidency for existing and future residents, reduces the present reliance on Boise
and strengthens the City's ability to finance and implement public improvements, services, and its
open space character."
Economic Development
1.1 The City of Meridian shall make every effort to create a posiflve atmosphere that
encourages...conunercial enterprises to locate in Meridian.
1.3
The character, ske improvements and type of new commercial or industrial developments
should be harmonized with the natural environment and respect the unique needs and features
of each area.
RECOMiVIENDATION
Staff recommends approval of these applications, with the aforementioned conditions and findings.
PFP..OI.O07 mm. ~ ·