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HomeMy WebLinkAboutLynnwood Plaza PP 03-013BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/12/03 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR LYNWOOD PLAZA SUBDIVISION FOR A PLANNED DEVELOPMENT CONSISTING OF A 5 BUILDING LOT SUBDIVISION CONSISTING OF OFFICE AND MEDICAL USES ON 2.69 ACRES IN AN L-O ZONE, LOCATED ON THE NORTH SIDE OF W. CHERRY LANE, APPROXIMATELY '/ MILE EAST OF N. TEN MILE ROAD, MERIDIAN, IDAHO Case No. PP-03-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: CENTENNIAL DEVELOPMENT,LLC, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on August 12, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Cornell Larson, appeared and testified, and the City Council having received a report from Bruce Freckleton, Engineering Technician III and, Wendy Kirkpatrick Planner II for the Planning and Zoning Department, 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 "LYNWOOD PLAZA SUBDIVISION, PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 1 OF 11 PLAT -MAY 2003, LOCATED IN SE '/ OF THE SW '/, SECTION 2, T.3N., R.1 W., B.M., BOISE, ADAD COUNTY, IDAHO, JOB NO. 02-061-O1, SHEET NO. 1, HANDWRITTEN DATE: 5-12-2003, J:~hYNWOOD PLAZA 0206101~Drawings~IIEARTLAND_COMM PRELIMINARY.dwg 5/12/2003,OAKWOOD DEVELOPMENT, LLC -OWNER, CENTENNIAL DEVELOPMENT, LLC - DEVELOPER/SUBDIVIDER, SHAWN NICKEL - PLANNER/CONTACT - ENGINEERING NORTHWEST, LLC", Centennial Development, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended 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 Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L-O Ada County, and requires connecfion to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 G] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan Ciry of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 2 OF 11 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, and as proposed by the developer as stated on the preliminary plat, 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 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. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "LYNWOOD PLAZA SUBDIVISION, PRELIMINARY PLAT -MAY 2003, LOCATED IN SE '/a OF THE SW ''/a, SECTION 2, T.3N., R.1 W., B.M., BOISE, ADAD COUNTY, IDAHO, JOB NO. 02-061-O1, SHEET NO. 1, HANDWRITTEN DATE: 5-12-2003, J:~I,YNWOOD PLAZA_0206101\Drawings~IIEARTLAND_COMM PRELIMINARY.dwg 5/12/2003,OAKWOOD DEVELOPMENT, LLC -OWNER, CENTENNIAL DEVELOPMENT, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 3 OF 11 LLC - DEVELOPER/SUBDNIDER, SHAWN NICKEL - PLANNER/CONTACT - ENGINEERING NORTHWEST, LLC". The applicant's preliminary plat approval request is for 5 commercial lots on property consisting of 2.69 acres in an L-O zone. All proposed lots will have frontage on W. Cherry Lane. Access to the five lots will be provided through a single point of access off of W. Cherry Lane. The property is currently zoned L-); the property was rezoned as part of the Development Agreement for Devlin Place Subdivision. The proposed lots range in size from 19,419 square feet to 30,052 square feet. All proposed subdivision lots meet the dimensional standards for the L-O District. The location of the proposed subdivision on W. Cherry Lane, a principal arterial, and the close proximity to another commercial development make this a suitable location for anoffice/medical type development. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "LYNWOOD PLAZA SUBDIVISION, PRELIMINARY PLAT -MAY 2003, LOCATED IN SE '/ OF THE SW '/, SECTION 2, T.3N., R.1W., B.M., BOISE, ADAD COUNTY, IDAHO, JOB NO. 02-061-01, SHEET NO. 1, HANDWRITTEN DATE: 5-12-2003, J:~I,YNWOOD PLAZA_0206101~Drawings~IIEARTLAND_COMM PRELIMINARY.dwg 5/12/2003,OAKWOOD DEVELOPMENT, LLC -OWNER, CENTENNIAL DEVELOPMENT, LLC - DEVELOPER/SUBDIVIDER, SHAWN NICKEL - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 4 OF 11 PLANNER/CONTACT -ENGINEERING NORTHWEST, LLC", Centennial Development, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Change Preliminary Plat requirement found on Page 3, Paragraph 1 to read: "In no case will less than three feet of cover from finish grade to top of pipe be accepted." Change Preliminary Plat requirement found on Page 3, Paragraph 3 to read: "Parking lot lighting will be required within the parking areas. All light shall be installed at subdivider's expense and be downcast to avoid light on adjoining properties." B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: PRELIMINARY PLAT REQUIREMENTS 1. Sanitary sewer service to this site will be via extensions from existing mains adjacent to the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. A portion of the site may require fill material in order to maintain minimum cover requirements over sewer mains. Alternate pipe materials shall be employed where depth of cover from sub-grade to top of pipe is three feet or less. In no case will three feet of cover from finish grade to top of pipe be accepted 2. Water service to this site will be via extensions from existing mains adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 5 OF 11 3. Streetlights will be required within the parking areas. All streetlights shall be installed at subdivider's expense. 4. Underground veaz-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to either utilize the existing pressurized irrigation stubs to the property from the Nampa & Meridian Irrigation District owned system serving Devlin Place Subdivision, or provide an independent system. Applicant should contact the NMID for the details. If this development is to be served off of the NMID system, developer shall be responsible to pay water assessments for the entire common open area to the City of Meridian since a back- up connection to the City's water mains already exists within Devlin place. 5. A revised landscaping plan meeting the standards ofthe Meridian City code must be submitted ten days prior to the City Council hearing. 6. Connect the existing pathway out of Devlin Place Subdivision to the sidewalk or parking azea within the proposed development. Final location shall be shown on the revised landscape plan. 7. Add a note to the final plat restricting access to the site to the single approved accessed point off of W. Cherry Lane. 8. Across-access agreement between the proposed subdivision lots will be required. 9. A 20' landscape buffer will be required between the subject property and adjoining single-family residential uses. 10. All existing ditches and canals on the subject property must be piped. 11. The preliminary plat must comply with the subject property's existing Development Agreement. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Reconstruct the existing curb return access point on Cherry Lane located approximately 125-feet east of the west property line and in alignment with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 6 OF 11 Haven Cove Avenue on the south side of Cherry Lane (measured centerline to centerline). Lots 1-5, Block 1, shall share said access point for access to Cheny Lane, as proposed. Provide a copy of a recorded cross access easement to the District that allows all of the lots within the subdivision to use the access point for access to the public streets. 2. Other than the access point specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all Standard 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 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. 7. 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 PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 7 OF 11 8. Payment of applicable road impact fees are required prior to building construcfion 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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) aze compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they aze 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Commercial and office occupancieswillrequire afire-flow consistent withthe Uniform Fire Code to service the proposed 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thro the Public Works Department. 4. All roads shall have a fuming radius of 28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 8 OF 11 5. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a tum around. 7. The fire department requests that any future signalization installed as the result of the development of this prof ect 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 8. All access roads leading into and within the project shall have a cleaz driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a land use change/site application for review prior to final platfing. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Deparhnent 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. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 9 OF 11 S. 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. G. Adopt the Rewmmendations of Settlers' Irrigation District as follows: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function. The Settlers Southside Canal is located along the southern boundary of the property. The canal is piped in 36 inch RCP and has a 30' easement. 2. SID will not accept any storm drainage. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby nofified 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 maybe 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 may be 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. 26~~ By action of the City Council at its regular meeting held on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 10 OF 11 day of ~c~ft , 2003. ROLL CALL COUNCILMAN BIRD VOTED~a-- COUNCILWOMAN deWEERD VOTED_ _~C6C. COUNCILWOMAN McCANDLESS VOTED_~GQ.- COUNCILMAN NARY VOTED~d~- MAYOR ROBERT D. CORRIE VOTED ~~ (TIE BREAKER) ~~~~~?YQr Robert D. Attest: \`~~.~``y~pF MF~~,9.,' '~ ~, ~,~ ` ~ C1' \~p~porgq rFO ti ~'!r/.L` ~ C,~..~ SEAL G. Berg, Jr., Ci~ Clerk ? 9 ~~ ~: 'yp ~~sr 15(.1 10 Copy served upon Applicant, The Department and City Attorney. Public Works By: _ ,~~-/~",,~ Dated: ri~2~~~3 City Clerk Z:\Work\M\Meridian\Meridian 15360MdynnwoodPhza Sub PP-03-O13\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LYNWOOD PLAZA SUBDIVISION / (PP-03-013) PAGE 11 OF 11 "„nnniiinn„~ \ ~.~y pF MEI~j~~~%,, c? ~,oFwoR.aT~o ~' ', EAL ^~ o a / 9Q ~'G'GST ,ss ' 1 ~~, ~'~~, AUNTY . `\\~.~~. '~~~~ r u n u n n+~"