HomeMy WebLinkAboutOffice Jet PFP 03-003BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10/14/03
IN THE MATTER OF THE REQUEST
FOR PRELIMINARY/FINAL PLAT FOR
OFFICE JET SUBDIVISION, LOCATED AT
1975 NORTH LOCUST GROVE ROAD,
MERIDIAN, IDAHO
BY: WARDLE AND ASSOCIATES,
APPLICANT
CASE NO. PFP-03-003
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 October 14, 2003, and Anna Powell Planning Director for the Planning and Zoning
Department, and Jon Wazdle, appeared and testified at the hearing, and the City Council having
received a report from Wendy Kirkpatrick 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, "FINAL
PLAT OF OFFICE JET PARK SUBDIVISION, A PARCEL OF LAND BEING ALL OF LOT 5,
AND A PORTION OF LOT 4, BLOCK 4, DORIS SUBDIVISION, LOCATED IN SECTION 6,
T.3N., R.lE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, 1:PROJECTS\C6
DEVELOPMENT131100 OFFICE JET\ACAD\31100-SURV-RSOI,DWG INDEX. NO. 311-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 1 OF 14
06-2-2-00-00, HANDWRITTEN DATE: 7/2/2003, W & H PACIFIC", Wardle and Associates
submitted for preliminary/final plat approval, and which preliminary/fmal 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 as Low Density Residential. The
preliminary plat application would create 4 new office lots. The site plan projects 10,540 square
feet of new light office uses. Lots range in size between 2,170 square feet and 8,712 square feet.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject
property as "Low Density Residential." While the Comprehensive Plan Future Land Use map does
not explicitly support the proposed zone change staff finds that there is a strong argument for saying
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-D3-003)
PAGE 2 OF 14
that the Comprehensive Plan policies do support the proposed zone change. A key component of
this argument is the relative flexibility of Meridian's Comprehensive Plan (quoted below) as
described in Chapter I, Section B of the Comprehensive Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions concerning the
physical development of the community. It indicates, in a general way, how the community
may develop in the next five to ten years."
Furthermore, in Chapter VII, Section C Future Conditions states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desire future land use categories
and their location within the Impact Area. The areas depicted on the map aze conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the Comprehensive Plan
Land Use Map, staff, upon further analysis, finds that the proposed zone change does fit with
the development patterns of the surrounding azea and it would be appropriate to extend the
office designation to this property. The office buildings directly north ofthe subject property
aze designated as "Office" in the Comprehensive Plan and the mini storage property located
east of the subject property is designated as "Commercial" in the Comprehensive Plan. Staff
finds that the proposed rezone of a small parcel located on a major arterial and adjacent to
property zoned Commercial and Light Office, meets the intent ofthe Comprehensive Plan for
the future development of the area.
It is also found that the following 2002 Comprehensive Plan text policies to be applicable
(staff analysis is in italics below policy):
(See Chapter VII, pgs. 97-98, for the above-mentioned bullets/policies.)
• "Locate new community commercial areas on arterials or collectors near residential areas
in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I,
Obj. B, #5)
The proposed subdivision has frontage on Locust Grove Road, a principal arterial
roadway. This proposed low intensity oj~ce development complements adjoining
residential areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINALPLRT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 3 OF 14
• "Require screening and buffering of commercial and industrial properties and residential
use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6)
The applicant is proposing landscaping buffers at the edges of the subject property
bordering residential areas
• "Permit new...commercial...developments only where urban services can be reasonably
provided at the time of final approval and development is contguous to the City."
(Chapter N, Goal I, Obj. A, #6)
Off ce.7etsubdivision is contiguous to existing city limits and sanitary sewer, water and
other urban utilities can be extended to meet the needs of the development.
4. It is determined that public services aze readily available to accommodate the
proposed development. The developer will extend services to each individual lot within the
subject property.
5. The proposed development is a continuity of the 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 aze met there will be public financial
capability of supporting services for the proposed development. The developer is installing
sewer, water, local street infrastructure, utilities and irrigation, the subdivision will not require
the expenditure of capital improvement funds.
6. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDNISION
(PFP-03-003)
PAGE 4 OF 14
It is found that the Recommendation to City Council of the Planning and Zoning
Commission is reasonable, and the conditions of approval of the preliminary plat and final 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 are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary/Final Plat of the applicant as evidenced by "FINAL PLAT OF
OFFICE JET PARK SUBDNISION, A PARCEL OF LAND BEING ALL OF LOT 5, AND A
PORTION OF LOT 4, BLOCK 4, DORIS SUBDIVISION, LOCATED IN SECTION 6, T.3N.,
R.lE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2003, 1:PROJECTS\C6
DEVELOPMENT\31100 OFFICE JET\ACAD~31100-SURV-RSOI,DWG INDEX. NO. 311-
06-2-2-00-OQ, HANDWRITTEN DATE: '7/2/2003, W & H PACIFIC", has been submitted for
preliminary/final plat.
The conditions of Staff pertaining to the Preliminary/Final Plat comments are
listed hereinbelow, just as they are set forth in the Memorandum to the Mayor and City Council
from Wendy Kirkpatrick Planner II for Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician III, dated: Hearing Date: September 4, 2003, listing 24 Site Specific
Comments - Preliminary/Final Plat and listing 10 General Requirements - Preliminary/Final Plat,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT- OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 5 OF 14
and the requirements are as follows, to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Sanitary sewer and water service to this subdivision will be from the existing mains in South
Locust Grove Road.
2. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping. Primary
water supply connection to the City's mains will not be allowed without City Council
approval. Applicant shall be required to utilize any existing surface or well water for the
primary source.
3. Remove the sanitary sewer and water mains from the face of the final plat map. Either add
the baring and distance calls to the boundary of the easements, or dedicate the easements by
separate document, available from the Public Works Department, prior to recordation of the
final plat. The recording informafion then should be added to the face of the plat as an
easement of record.
4. Add the CPF # to the El/4 Corner.
5. Add "South" to the Locust Grove Road name, and "East" to the Fairview Avenue.
6. Identify the purpose and beneficiary of the easements that are shown on the final plat map.
Add the "36.00"' dimension to the Real Point of Beginning tie.
8. Please add or revise the following final plat notes:
(1.) Revise to comply with condition 6 above
(3.) Building setbacks and dimensional standards in this subdivision shall be in
compliance with the applicable zoning regulations of the City of Meridian, Idaho.
(4.) Any re-subdivision of this plat shall comply with the applicable zoning regulations in
effect at the time of re-subdivision.
(5.) The developer and/or owner shall comply with Idaho Code, Section 31-3805 or it's
provisions that apply to irrigation rights.
(6.) The owner of each lot across which passes anirrigation/drainage ditch or pipe, is
responsible for the maintenance thereof, unless such responsibility has been assumed
by an irrigation drainage district.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 6 OF 14
(7.) The bottom elevation of structural footings shall be set a minimum of 12 inches
above the highest established normal groundwater elevation.
(8.) The pressurized irrigation system within this development is to be owned and
maintained by the Office Jet Pazk Subdivision Business Owners Association.
9. Street signs aze to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing installed, and
road base approved by the Ada County Highway District prior to applying for building
permits. All development improvements, including perimeter fencing and landscaping shall
be installed and approved prior to obtaining certificates of occupancy. A letter of credit or
cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized
irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat.
10. Submit any updatedgroundwater/soils monitoring data to the Public Works Department for
review. The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design and
construction phases. The engineer shall be required to certify that the parking lot centerline
elevations are set a minimum of 3-feet above the highest established normal groundwater
elevation. This is to ensure that the bottom elevation of the crawl spaces of structures are at
least 1-foot above groundwater.
11. Complete the Certificate of Owners and accompanying Acknowledgment.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final
plat per Resolution 02-374.
13. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of
Meridian Zoning and Development Ordinance.
14. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D.
and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
15. A drainage plan designed by an architect or engineer is required and shall be submitted to the
City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
16. Outside lighting shall be designed and placed so as to not direct illumination on any nearby
residential areas and in accordance with City Ordinance Section 11-13-4.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 7 OF 14
17. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides
in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations
and construction requirements with Sanitary Service Company (S5C) and provide a letter of
approval from SSC to the Planning & Zoning Department prior to applying for building
permits.
18. Revise the "Reference Line" in the final plat legend to show the line type of an easement, and
label as an easement line.
19. Revise the section corner notation shown at the intersection of S. Locust Grove and E.
Fairview Avenue to read sections 5, 6, 7, and 8.
20. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance.
21. A pedestrian pathway shall be constructed between lot three of the proposed subdivision and
Locust Grove Road to provide pedestrian access between the proposed subdivision and
Locust Grove Road.
22. The landscape plan is approved with the exception of the pedestrian pathway to be added
connecting lot three of the proposed subdivision and Locust Grove Road.
23. 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.
24. Across-access parking agreement for shared parking between the subdivision lots must be
submitted
GENERAL REQUIREMENTS - Preliminarv/Final Plat•
Submit letter from the Ada County Street Name Committee, approving the subdivision and
street names. Make any corrections necessary to conform.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
3. Assessment fees for water and sewer service are determined during the building plan review
process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 8 OF 14
4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants.
5. Underground, year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping.
6. Show all existing and proposed easements for irrigation/drainage facilities located within the
boundaries of this proposed development (i.e., Eight Mile Drain easement).
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may
be used for non-domestic purposes such as landscape irrigation.
All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation drainage
district, or lateral users association (ditch owner's), with written approval or non-approval
submitted to the Public Works Department. If lateral users association approval can't be
obtained, plans will be reviewed and approved by the meridian City Engineer prior to final
plat signature.
9. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
10. All construction shall conform to the requirements of the Americans with Disabilities Act.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
Close the three (3) existing driveways to Locust Grove Road with curb, gutter and
sidewalk to match into the existing improvements.
2. No access points to Locust Grove Road have been proposed and none are approved with
this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 9 OF 14
3. Pave the proposed driveway on Willowbrook Court, located approximately 110-feet west
of Locust Grove Road (minimum of 50-feet west of Locust Grove Road) to its full width
(maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the
roadway, as proposed.
4. 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 maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 for details.
4. Utility street cuts in pavement less than five years old are not allowed unless apnroved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 10 OF 14
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 ACRD. 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 awaiver/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. All internal roads shall have a turning radius of 28' inside and 48' outside.
3. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
D. Adopt the Recommendations of Central District Health Dept as follows:
This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINALPLRT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 11 OF 14
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.
5. The Engineers and azchitects 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 the Nampa & Meridian Irrigation District as follows:
If storm drainage is to leave the site, the District requires that a Land Use Change
Application be filed for review prior to final platting. 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 Settlers Irrigation District as follows:
1: Office Jet Subdivision has an irrigafion water right and access from the District, and are
proposing to provide irrigation from an existing well on the property. Therefore, the
District recommends to use surface imgation water as the primary source of irrigation
water with the well supplementing the irrigation needs. Also, any irrigation facilities
passing through the property must continue to provide downstream users irrigation
access.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 12 OF 14
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 maybe filed.
Please take notice that this is a fmal 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.
~~
y action of the City Council at its regular meeting held on the 2g day of
~, 2003.
By: ~
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', f~4efidian presideb,.t (3i~ij COkHG.e,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINALPLRT -OFFICE JET SUBDIVISION
(PFP-03-003)
PAGE 13 OF 14
Attest:
G. Berg, Jr.,
Copy served upon Applicant,
and Ciry Attorney.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT -OFFICE JET SUBDIVISION
(PFP-03-003)
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PAGE 14 OF 14