HomeMy WebLinkAboutChallis Subdivision SHP-09-001CITY OF MERIDIAN (~E IDIAN}-~-
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
In the Matter of Challis Subdivision Short Plat consisting of 3 Building Lots on 1.51 acres
in a C-G zoning district, by Tealey's Land Surveying.
Case No(s). SHP-09-001
For the City Council Hearing Date of: May 26, 2009 (Findings on the June 6, 2009
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 26, 2009
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 26, 2009
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 26,
2009 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 26, 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 (I.C. §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.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-09-001
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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 Short Plat and Conditions of Approval all in the
attached Staff Report for the hearing date of May 26, 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:
The applicant's Short Plat as evidenced by having submitted the Short Plat dated
04/17/09 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 May 26, 2009 and the applicant's response letter dated
May 26, 2009, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of 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, maybe 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 maybe 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
the current provisions of Meridian City Code Title 11. If the above timetable is not met
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-09-001
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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
1. 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 May 26, 2009.
G. Attached: Applicants response letter for the hearing date of May 26, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-09-001
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By acti n of the City Council at its regular meeting held on the day of
2009.
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)
~~Vlayor Tammy de Weerd
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Attest: \~.~`~.,~ O~ ~~R/~~''%.
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Jaycee lman, City Clem -
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Copy served upon Applicant;' _ _ ' __g I~3nent, Public Works Department and City
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Attorney.
By: Dated: ~ ~~ ~ -~~
ity Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-09-001
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CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT:
HEARING DATE: May 26, 2009
TO: Mayor and City Council
~~E IDIAN,-
FROM: Kristy Vigil, Assistant City Planner
208-884-5533
Scott Steckline, Land Development Supervisor -~~
208-898-5500
SUBJECT: SHP-09-001
Challis Subdivision Short Plat
Tealey's Land Surveying
Request for Approval of Challis Subdivision Short Plat consisting of 3 Building
Lots on 1.51 acres in a C-G Zoning District.
STAFF RECOMMENDATION
Staff recommends approval of the Challis Subdivision Short Plat (SHP-09-001) with the stated
comments and conditions. These conditions shall be considered in full, unless expressly modified
or deleted by motion of the Meridian City Council.
APPLICATION SUMMARY & LOCATION
The applicant, Tealey's Land Surveying, has applied for short plat approval of 3 building lots on
1.51 acres in a C-G zoning district for Challis Subdivision. This property is a portion of Lot 25
and all of Lot 24, Block 2 of Honor Park Subdivision No. 3.
Challis Subdivision is located on the southwest corner of E. Franklin Rd. and S. Stratford Drive
at 575 E. Franklin Rd. in the NW '/ of Section 18, T.3N., R.1 E.
The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA.
PROCESS FACT5
a. The subject application is for a short plat as determined by City Ordinance. In accordance
with UDC 11-SB-3, a public hearing is required before the City Council on this matter.
b. The subject property meets all of the applicability requirements as stated in UDC 11-6B-
SA and is eligible to be processed as a short plat.
c. Newspaper notifications published on: May 4, 2009 and May 18, 2009
d. Radius notices mailed to properties within 300 feet on: Apri130, 2009
SHP-09-001 Challis Subdivision SHP.doc PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
REQUIRED FINDINGS FROM UDC 11-6B-6
In consideration of a short plat, the decision-making body shall make the following
findings:
A. The plat is in conformance with the Comprehensive Plan and the Unified
Development Code (UDC);
The Comprehensive Plan designates the future land use of this property as Commercial.
The current zoning district of the proposed plat is C-G (General Retail and Service
Commercial District). The proposed subdivision plat complies with the Comprehensive
Plan.
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services are available to accommodate the development. Fire,
police, solid waste and irrigation services are adequate. The adjacent public roadways are
completed to the required design and approach standards.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvements program;
Council finds that the development will not require the expenditure of capital
improvement funds. All sewer and water extension for this area were planned to be
developer driven. All required utilities are either in place or will be put in as a
requirement of the developer and any easements shall be granted.
D. There is public fmancial capability of supporting services for the proposed
development;
Council fords that the development will not require major expenditures for providing
supporting services. The developer and/or future unit owners will finance the extension
of sewer, water, utilities and pressurized irrigation to serve the project. The primary
public costs to serve the future tenants will be fire and police services.
E. The development will not be detrimental to the public health, safety or general
welfare; and
Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, staff does not believe that any additional amount generated will be
detrimental to the general welfare of the public in the surrounding area. Staff finds that
the development of this site will not involve uses that will create nuisances that would be
detrimental to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
SHP-09-001 Challis Subdivision SHP.doc PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Council is not aware of any significant natural, scenic or historic features associated with
the development of this site that the Director and City Engineer should be aware of.
PLANNING & PUBLIC WORKS DEPARTMENT -SITE SPECIFIC CONDITIONS
1. Comply with all applicable conditions of Honor Park Subdivision No. 3, ROS 7377,
CZC-09-020, DE5-09-008, and ALT-09-003.
2. If the City Engineer's signature has not been obtained by 05/26/2010, the Short Plat
approval for this subject project shall expire.
3. Comply with all conditions of the Ada County Highway District as they relate to this
short plat.
4. Complete the Certificate of Owners.
5. Prior to signature of the short plat by the City Engineer, the applicant shall submit to the
Planning Department a revised site plan depicting an access on S. Stratford Drive a
minimum of 175 feet of the south back of curb on E. Franklin Road, or obtain approval
from the Meridian City Council to vacate the recorded plat note for the proposed access
shown on the site plan labeled SP-1 (see exhibit 3).
6. Graphically depict on the face of the plat the required 20-foot wide landscape buffer
along S. Stratford Drive and the additional required 5-foot wide landscape buffer adjacent
to Lot 32, Block 2 along E. Franklin Road.
7. Graphically depict on the face of the plat two separate 10-foot easements, one for private
sewer to Lot 2 and one for Public water service to Lot 2.
8. Include the instrument number for the 20-foot wide City of Meridian sewer main
easement on the face of the plat.
9. Across-access/cross-parking easement/agreement shall be recorded for all commercial
lots within the subdivision. This agreement shall be recorded and a copy of subject
agreement submitted to the City prior to the City Engineer's signature on the final plat
OR a note shall be added to the face of the final plat granting said cross-access.
10. Revise or add the following note(s) on the face of the plat prepared by Tealey's Land
Surveying, stamped on 04/17/09 by Patrick A. Tealey, prior to signature of the short plat
by the City Engineer:
*.) Add a note addressing the maintenance responsibilities of the 20-foot wide
landscape buffer along S. Stratford Drive, Lot 32, Block 2, and the additional 5-
foot wide landscape buffer along E. Franklin Road.
11. The landscape plan, prepared by South Landscape Architecture, P.C., and dated 03/31/09
is approved with no changes.
SHP-09-001 Challis Subdivision SHP.doc PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
The landscape buffers adjacent to E. Franklin Road and S. Stratford Drive are subdivision
improvements and shall be installed prior to occupancy of the first building.
The internal landscaping for the individual lots/buildings and parking areas not approved
with this final plat, they will be reviewed with each individual CZC.
12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (UDC- 11-3B-6-D). 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.
13. Staffs failure to cite specific ordinance provisions of the Unified Development Code
does not relieve the applicant of responsibility for compliance.
GENERAL REQUIREMENTS
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural
waterways, that intersect, cross or lie within the area being subdivided shall be covered.
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 prior to plan approval. If lateral users association approval can
not be obtained, alternate plans will be reviewed and approved by the City Engineer.
2. Street signs are to be in place, water system shall be approved and activated, fencing
installed, sewer line shall be installed and passed air test and video inspection, and road
base shall be approved prior to applying for building permits.
3. A letter of credit or cash surety in the amount of 110% shall be required for all
uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat.
4. All development improvements, including but not limited to water, sewer, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and approved prior
to obtaining certificates of occupancy.
5. A written certificate of completion shall be prepared by the landscape architect,
landscape designer or qualified nurseryman responsible for the landscape plan upon
completion of the landscape installation. The Certificate of Completion shall verify that
all landscape improvements, including plant materials and sprinkler installation, are in
substantial compliance with the approved landscape plan.
6. 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
SHP-09-001 Challis Subdivision SHP.doc PAGE 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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.
7. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
construction plan approval.
8. Compaction test results must be submitted to the Meridian Building Deparment for all
building pads receiving engineered backfill, where footing would sit atop fill material.
9. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
10. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
11. 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 removed.
12. 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 maybe 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.
13. 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.
14. 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 building is at least 1-foot above.
15. The applicant's design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or the ACHD. The design engineer shall provide certification that the
facilities have been installed in accordance with the approved design plans. This
certification will be required before a certificate of occupancy is issued for any structures
within the project.
16. 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
SHP-09-001 Challis Subdivision SHP.doc PAGE 5
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
17. 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
EXHIBITS
1. Submitted Short Plat (1 page)
2. Submitted Landscape Plan (1 page)
3. Submitted Site Plan (1 page)
SHP-09-001 Challis Subdivision SHP.doc PAGE 6
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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Kristy Vigil
From: Kristy Vigil
Sent: Tuesday, May 28, 2009 3:54 PM
To: Tara Green; Machelle Hill; Jaycee Holman; Anna Canning
Subject: FW: Challis Sub short plat staff report
From: Donna Ahmed [mailto:dahmed@tealeys.com]
Sent: Tuesday, May 26, 2009 11:11 AM
To: Kristy Vigil
Subject: RE: Challis Sub short plat staff report
We have reviewed the staff report and do not have any comments at this time. We are in the process of
making changes to the plat as requested.
Donna
From: Kristy Vigil [mailto:kvigil@meridiancity.org] i
Sent: Thursday, May 21, 2009 12:04 PM
To: Donna Ahmed
Cc: Tara Green; Machelle HiH; Nancy Radford; Jaycee Holman; Bill Johnson; Bill Nary; Joe Silva; Kenny
Bowers; Ron Anderson; Ted Baird; Scott Steckline
Subject: Challis Sub short plat staff report
Hi Donna,
Attached is the short plat staff report for Challis Subdivision.
Please submit a written response to the staff report to me prior to the Council hearing on May 26, 2009.
Thank you,
Kristy
611 /2009