HomeMy WebLinkAboutGaudry Seegmiller PFP03-002BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/01/03
C/C 07/22/03
IN THE MATTER OF THE REQUEST
FOR PRELIMINARY/FINAL PLAT FOR
GAUDRY SEEGMILLER SUBDIVISION,
LOCATED IN RESOLUTION BUSINESS
PARK AT THE INTERSECTION OF S.
MILLENIUM WAY AND E. GALA STREET,
MERIDIAN, IDAHO
BY: GORDON N, ANDERSON
APPLICANT
CASE NO. PFP-03-002
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 July 1, 2003 and continued until July 22, 2003, and Anna Powell Planning Director, and Brad
Hawkins-Clark Planner III, for the Planning and Zoning Department, Gordon Anderson, David
Seegmiller, Robert Gaudry, David Zaremba, Becky McKay, and David Wishney, 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
Techxucian III, and the City Council having received as part of the record of this matter the
recommendation to City Council of the Planxung and Zoning Commission and the applicant
having submitted the Plat Drawing described as follows, "GAUDRY SEEGMILLER
SUBDIVISION, A RESUBDIVISION OF LOT 2, BLOCK 1, RESOLUTION SUBDIVISION
NO. fl, SITUATED INTHE NW'/a OF SECTION 20, T.3N., R. lE., B.M., CITY OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE 1 OF 9
MERIDIAN, ADA COUNTY, IDAHO 2003, 02196FINAL.dwg 07/10/03, SHEET 1 OF 2,
HANDWRITTEN DATE: 10 JULY 03 AND STAMPED: RECEIVED JUL 17 2003 CITY OF
MERIDIAN CITY CLERK OFFICE, ANDERSON-DAVID & ASSOCIATES, INC. -LAND
SURVEYING SERVICES", Gordon N. Anderson 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
Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, 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 Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3. It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Future Land Use Map designates the property split between Commercial and High
Density Residential. The High Density Residential is shown in color to reflect the boundaries of
the approved multi-family portion of the previously approved Resolution Subdivision, west of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE 2 OF 9
the subject property. The subject property was approved as an office lot in the original CUP, and
remains so under the proposed re-subdivision. Professional offices aze permitted land uses under
the Commercial designation.
It is determined that public services are available to accommodate the proposed
development. Water and sewer services were stubbed to the existing Lot 2. New services will be
required for the proposed lots as part of the re-subdivision.
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
be compatible within the vicinity, and will not create health, safety or environmental problems,
nor will the development have an adverse impact on other persons, property, or uses within the
vicinity.
6. The City Council recognizes the concerns of Capt. Musser of the Meridian Police
Department, in his Memorandum dated July 11, 2003, and the Council also recognizes the letter
of Eric C. Guanell of the G.L. Voigt Development Co. dated March 26, 2003. Additionally, the
City Council recognizes the Applicant's Legal Memorandum submitted by the applicant's
attorney, David E. Wishney dated: RECEIVED JUL 22 2003 City of Meridian City Clerk Office.
It is found that the Recommendation to City Council of the Planning and Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE 3 OF 9
Commission is not reasonable, especially pertaining to the submittal of a copy of a recorded
cross-access and cross-parking easement agreement, and the conditions of approval of the
preliminary plat will be required as set forth hereinafter in the Decision and Order.
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 "GAUDRY
SEEGMILLER SUBDIVISION, A RESUBDIVISION OF LOT 2, BLOCK 1, RESOLUTION
SUBDIVISION NO. 1, SITUATED INTHE NW'/4 OF SECTION 20, T.3N., R. lE., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, 02196FINAL.dwg 07/10/03, SHEET 1
OF 2, HANDWRITTEN DATE: 10 JULY 03 AND STAMPED: RECEIVED JUL 17 2003
CITY OF MERIDIAN CITY CLERK OFFICE, 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 aze 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:
Transmittal Date: May 29, 2003 and P & Z Hearing Date: June 5, 2003, listing 8 Site Specific
Comments - Preliminary/Final Plat, a true and correct copy of which is attached hereto and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: CORDON N. ANDERSON - (PFP-03-002)
PAGE 4 OF 9
mazked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with
the additional requirements from the City Council from their meeting of July 22, 2003, and the
requirements are as follows, to-wit:
A. Adopt the action of the Council taken at their July 22, 2003 meeting as follows:
Pertaining to Staff conditions, and in particular under SITE SPECIFIC
COMMENTS-PRELIMINARY/FINAL PLAT number 4, it shall now read
as follows:
SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT
4. Applicant shall submit a copy of a recorded cross-access and cross-parking
easement for the lots within the Gaudry Seegmiller subdivision prior to
signature on the final plat. The applicant shall be required to provide a
temporary emergency access point for use by emergency vehicles only on
the southern boundary of the project adjacent to Lot 3 of Resolution
Subdivision, which lot is currently owned by G.L. Voigt Development.
This temporary emergency access point shall only be required until said
Lot 3 has access from the east. At that time, the applicant may request
removal of the temporary emergency access point by the approval of the
Planning and Zoning Administrator and the Meridian Fire Chief.
Additionally, the applicant shall submit a plan for staff s approval for the
permanent pedestrian access to the south, which shall be located
somewhere east of the center of the southern boundary line.
B. Adopt the Recommendations of the ACHD as follows:
Utilize the existing shared access located on South Millennium Way located
approximately 180-feet south of Gala Street (measured near edge to near
edge). This location meets District policy and shall be approved with this
application.
2. Provide a recorded cross access easement for the parcels to use this shared
access to the public street.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE 5 OF 9
3. Pave the driveway to its full-required width and to a point 30-feet beyond the
edge of pavement of South Millennium Way.
4. When the District receives a formal application for the commercial uses, the
District will review and approve driveway locations in accordance with the
policies and guidelines that aze in effect at that time.
5. 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.
3. 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.
4. Utility street cuts in pavement less than five years old aze not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator
at 387-6258 (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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE 6 OF 9
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 to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE
(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.
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 fuming radius of 28' inside and
48' outside.
4. All access roads within the project shall have a cleaz driving surface with a minimum
width of 20' available at all times. UFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE70F9
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. The fmal 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
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 may be filed.
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 this decision 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE 8 OF 9
By action of the City Council at its regular meeting held on the 6 2 day of
~~~;~ 2003.
By:
ROBE D. CORRIE
Mayor, City of Meridian
Attest: \\t`Illll 11 11 llll~~~ /
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -
GAUDRY SEEGMILLER SUBDIVISION
BY: GORDON N. ANDERSON - (PFP-03-002)
PAGE 9 OF 9
HUB OF TREASURE VALLEY
MAYOR A GOOfl PISCB to Lrva LEGAL DEPAR'CMENT
Robert D. Cowie
CITY OF MERIDIAN (208) 466-9272 • Fax 466-4405
PaBLIC wDRxs
CITY COUNCIL MEMBERS BUILDINGDEPARTMENT
Tammy deweerd 33 EAST IDAHO (208) 898-5500 ~ Fax 867-1297
Kei[h Blyd MERIDIAN, IDAHO 83642
Cherie McCandless (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING
~
City Clerk Office Fax (206) 888-0218 3
1F~
William L.M. Nary 888-6654
(208) 68455
3
STAFF REPORT: Transmittal Date: May 29, 2003
P&Z Hearing Date: June 5, 2003
To: Mayor, City Council and Planning & Zoning Commission
From: Steve Siddoway, Planner II ~eurr-
Bruce Freckleton, Senior Engineering Tech
Re: Gaudry Seegmiller Subdivision
• Preliminary/Final Plat Approval of a Three (3) Lot Subdivision on 1.55 Acres
in an L-O Zone, by Gordon N. Anderson (Fide No. PFP-03-002).
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City CounciL•
APPLICATION SUMMARY
The Applicant, Gordon Anderson, has applied for Preliminary/Final Plat approval of a three
(3) lot office (L-O) subdivision on 1.55 acres of land located in Resolution Business Park at the
intersection of S. Millenium Way and E. Gala Street.
The site is located on existing Lot 2, Block 1 of Resolution Business Park, which is currently
vacant. The site is owned by Robert Gaudry and David Seegmiller. The proposal is to
subdivide the existing 1.55 acre lot into three lots (0.57, 0.51, and 0.47 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
above the minimum lot size.
Condition 12.1 of the Findings of Fact and Conclusions of Law for Resolution Business Park
(CUP-00-017) requires that all "future phases of the project shall require separate Conditional
Use Permits for each phase...." Thus, all lots in the proposed subdivision must be developed
under the Conditional Use process, unless the original condition is modified by Council.
Landscaping along Millenium Way, irrigation, sanitary sewer & water services, and other
required subdivision improvements have been installed to the original Lot 2. New services
will be required with the re-subdivision into three lots.
PFP-03-Odt SW£wmmmn PFP
Planning & Zoning Commission/Mayor & City Council
Transmittal Date: May 29, 2003
P&Z Hearing Date: June 5, 2003
Page 2
LOCATION
The property is located south of Overland Road, approximately halfway between Locust Grove
Road and Eagle Road, along Millenium Way neaz the entrance to Mountain View High School.
SURROUNDING PROPERTIES
North: Vacant land, zoned L-O in Resolution Business Pazk..
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 L-O in Resolution Business Park.
PRELIMINARY PLAT FINDINGS AND REQUIREMENTS
Sections 12-3-3 J.2 and 1?--3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
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 split between Commercial and High
Density Residential. The High Density Residential color shown was intended to reflect
the boundaries of the approved multi-family portion of the previously approved
Resolution Subdivision, west of the subject property. The subject property was approved
as an office lot in the original CUP, and remains so under the proposed resubdivision.
Professional offices aze 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 sewer services were stubbed to the existing Lot 2. New services will be
required for the proposed lots as part of the re-subdivision.
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.
PFP-U3-002 Steffwmmenls PFP
Planning & Zoning CornmisSionfMayor & City Council
Transmittal Date: May 29, 2003
P&Z Hearing Date: June 5; 2003
- Page 3
d. The public financial capability of supporting services for the proposed
development;
Staff fmds that the development will not. require major expenditures for providirig
supporting services.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff finds that there should not be any other health, ,safety or environmental problems
associated with this subdivision that may be brought to the Council or Cammission's
attention.
SITE SPECIFIC COMMENTS - PRELIMINAI2Y/FINAL PLAT
1. Complete the Certificate of Owners and accompanying Acknowledgment (Sheet 2 of the
final plat).
2. Revise the landscape plan to replace all proposed conifer trees with approved deciduous
tree species along East Gala Street. Submit a revised landscape plan for review and
approval prior to signature on the final plat. All street buffers shall be landscaped as each
lot develops, in compliance with the approved landscape plan.
3. The submitted landscape-plan shows a 20-foot easement along Gala for landscaping. The
k submitted plat shows a 12-foot existing easement in the same location. Revise the fmal
~~, plat to show a new 20-foot wide easement, as depicted on the landscape plan. The
linl easement should still be labeled as a joint public utilities, street light, drainage, and
~,pJ` v,~ landscape easement.
v
~~ vl ~ 4:''~ Applicant shall submit a copy of a recorded cross-access and cross parking easement for
~}_ ~~ the subdivision prior to signature on the final plat.
~~
~2' S. 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.
6. Pressurized 'irrigation within this development will be from the existing system that was
installed as part of the Resolution Subdivision.
Include the Chord Bearing and Distance for curve #9 in the legal description of the
Certificate of Owners.
8. Add or revise the following final plat notes:
(1.) ...Idaho Code Section 31-3805 as it pertains to irrigation water.
(7.) Building setbacks and dimensional standards in this subdivision shall be in
compliance with the anulicable zoning_reQUlations of the Citv of Meridian.
PFP-03-002 ~~ % { I ! J I e ~ ~ I ~J O _f j / SmBmmmenrs PFP
Planning & Zoning Commission/Mayor & City Council
Transmittal Date: May 29, 2003
P&Z Hearing Date: June 5, 2003
Page 4
(8.) All lot lines common to public right-of-ways have a 20-foot wide permanent
landscape, public utilities, drainaee and irrigation easement. All other
exterior lot lines of the subdivision have a 10-foot wide public utilities,
drainaee and in•isation easement. However, this shall not preclude the
construction of proper hard surfaced driveways for access to each
individual lot.
(9.) The bottom elevation of structural footines shall be set a minimum of 12-inches
above the hiehest established normal ground water elevation.
(10.) This subdivision is subject to the terms of a Development AQxeement recorded e
(11.) All lots in this subdivision are subiect to across-access and cross parking
easement.
RECOMMENDATION
Staff recommends approval of the proposed preliminary/final plat, with the aforementioned
findings and conditions.
PFP-0]-002 ~ ^ ~ / ` / / / a~ // ~~-L y SleRwmmenm PFP