HomeMy WebLinkAboutWendy's Sub FP 03-0681~,ECETV~ED
DEB 0 3 2001
(pity Of Meridian
(~,itv Clerk Office
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVa; E. Duvnrs Peu,m A. PelEnsoN
JuL~KLEm F6CRER TonoA. RossMnn
Wm. F. Gtcnnv, IU TmnENCE R. WnrtE**
T. GurHUUM* Nrc;xous L. WOLLEI
Jux Hocw[u.
W¢.LfAN A. MORROW
Wua,uM F. NICHOLS*
CHR6TOPHER S. NYE
"Also admitted m OR
"* Also admitted in WA
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
ATTORNEYS AT LAW
NAMPA OFFICE
5700 a FrsArv~u.IN Rn.,
SI11TE 200
NAMPA IDAHO 83687-8402
TEL. (208) 466-9272
FAX (208) 466-4405
February 2, 2004
Re: COMMUNITY PROPERTIES/AMMON, L.L.C / WEND'YS
SUBDIVISION /FINAL PLAT - (FP-03-068)
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the
Mayor and yourself. Please serve acopy ofthe-ORDER upon the Applicant, with a Certificate of
Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office.
If you have any questions, please give me a call.
Very truly yours,
Wm. F. Nichols
Z:\Work\M1Meridian\Ivleridian 15360M1Wendys Sub FP-03-068\ClerkFPltr 02 02 04.dm
BEFORE THE MERIDIAN CITY COUNCIL
C/C 01/20/04
IN THE MATTER OF THE )
APPLICATION OF COMMUNITY )
PROPERTY / AMMON, LLC FOR )
APPROVAL FOR 3 BUILDING )
LOTS ON 2.09 ACRES IN AN I-L )
ZONE FOR WENDY'S )
SUBDIVISION, LOCATED ON THE )
NORTHWEST CORNER OF N. )
EAGLE ROAD, AND FLORENCE )
STREET, APPROXIMATELY'/ )
MILE SOUTH OF E. FAIRVIEW )
AVE., IN THE NE '/ OF SECTION 8, )
T.3N., R.1W., MERIDLAN, IDAHO )
CASE NO. FP-03-068
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code § 12-3-7 on January 20, 2004, and the Council finding that the
Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning
Department, and Bruce Freckleton, Engineering Technician III, dated: City Council Date:
January 2Q 2004, to the Mayor and Council, and that Brad Hawkins-Clark Associate Planner for
the Planning and Zoning Department, and Steve Arnold, commented at the hearing, and the
Council having considered the requirements of the preliminary plat the Council takes the
following action:
IT IS HEREBY ORDERED THAT:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-068)
Page 1 of 5
The Final Plat of"PLAT OF WENDY'S SUBDIVISION, A RESUBDIVISION
OF LOT 11, BLOCK 1, TREASURE VALLEY BUSINESS CENTER PHASE-1, A PORTION
OF THE NE '/ OF SECTION 8, T.3N., R.lE., B.M., CITY OF MERIDIAN, ADA COUNTY,
IDAHO 2004, SHEET 1 OF 2, 30903-PLT.DWG BEB 12/09/03, DEC 09 2003,
COMMUNITIES PROPERTIES/AMMON, L.L.C. -DEVELOPER, BRIGGS ENGINEERING,
INC. -CONSULTING ENGINEERS", Communities Properties/Ammon, L.L.C., Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III,
and Sonya Allen Planner I for the Planning and Zoning Department, dated: City Council Date:
January 20, 2004, listing 17 CONDITIONS OF APPROVAL -FINAL PLAT, a true and con-ect
copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this
reference incorporated herein, and the additional requirements from the action of the Council
taken at their January 20, 2004meeting as follows, to-wit:
1.1 Comply with the conditions of the Meridian Fire Department as
follows:
The following will be the requirements and/or wncerns to provide
minimum levels of fire protection for the proposed project:
1. That afire-flow as required by the International Fire Code is
provided to service the entire project. Fire hydrants shall be placed
an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
3. Final approval ofthe fire hydrant locations shall be bythe Meridian
Fire Department. Additionally, internal fire hydrants may be
required for the project.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-068)
Page 2 of 5
4. All entrances and internal roads shall have a fuming radius of 28'
inside and 48' outside.
5. Operational fire hydrants and access roads are required before
combustible construction begins.
6. No vertical obstructions or mature landscaping which obstructions
the outlets of the fire hydrant within 10'.
Vertical cleazance for driveways shall be 13'6", this may affect
tree placement in landscaping areas.
8. All fire lanes shall have a cleaz driving surface which is20' wide
available at all times.
1.2 Adopt the Recommendations of the Central District Health
Deparhnent as follows:
The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that
plans must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to create a
mosquito breeding problem; and it is suggested that stormwater be
pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and azchitects should obtain current best
management practices for stonnwater disposal and design a
stonnwater management system that is preventing groundwater and
surface water degradation. Manuals for guidance:
1. State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
1.3 Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-068)
Page 3 of 5
If all storm drainage is retained on site there will be no
impact on the District and no further review will be
required.
2. If any surface drainage leaves the site, the District requires
a Land Use Change Application be filed for review prior to
final platting.
3. All laterals and waste ways must be protected. The
developer must comply with Idaho Code 31-3805.
1.4 Per action of the City Council taken at their January 20, 2004
meeting, the Staff report attached as Exhibit A to this Final Plat
Order, has been revised and specifically item number 12 has been
deleted in is entirety, and item number 15 adds language within the
first sentence. (See attached Staff report as Exhibit "A"Page 1 of
4.)
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:
The Plat dimensions are approved by the City Engineer; and
2. 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.
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-068)
Page 4 of 5
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 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, gdaho Code.
By action of the City Council at its regular meeting held on the Zo ~ day of
c/ah.~~.~' , 2004.
c
Tam de Veerd
May r ity of Meridian
Attest: `\\ ,``~~~ n, n m r r r rgrr '
.?~~~PO~rF 9y l~
u!~ar~~e
William G. Berg, Jr., City lerk 9a o"~
~ ~
Copy served upon Applicant, the Plamrirtg+ anc(`Zuningd~6pai~me
and City Attorney.
By: c%~~ ~~~.
Dated:
Public Works Department,
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Z:\Work\Ivl\MeridianlMeridian 15360M~Wendy's Sub FP-03-06810rderFP.doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-068)
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Page 5 of 5
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Chades M. Rountree
~;
CITV OF
C~ erl~i~-n
11 IDAHO
LEGAL DEPARTMENT
(2D8) 466-9272 Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 ~ Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 8845533 ~ FAX 888-6854
STAFF REPORT: City Council Date: January 20, 2004
To: Mayor, City Council and Planning & Zoning Commission
~~
From: Sonya Allen, Planner I
Bruce Freckleton, Senior Engineering Tech
Re: Wendy's Subdivision
• Final Plat Approval of Three (3) Commercial Building Lots on 2.09 Acres in
an I-L Zone, by Community Properties/Ammon, LLC (File No. FP-03-068).
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, Community Property/Ammon, LLC, has applied for Final Plat approval of
Wendy's Subdivision, a three (3) lot commercial subdivision on 2.09 acres of land, located on
the north-west corner of N. Eagle Road and Florence Street, approximately t/amile south of E.
Fairview Ave.
The proposed Wendy's Subdivision is a re-subdivision of Lot 11, Block 1 of Treasure Valley
Business Center Phase I. The Preliminary Plat was approved under the name Treasure Valley
Business Center - Phase 3, which included approximately 15 acres at the southwest comer of
Eagle Road and Fairview.
A Conditional Use Permit for a Planned Development (CUP-03-052) was approved on this
subdivision which allowed for the construction of three buildings on an existing single lot of
record. Two of these buildings (Wendy's restaurant & Starbucks/Kinkos) were approved with
drive-through windows.
EXHBIT "A"
PAGE 1 OF 4
The proposed final plat for Wendy's Subdivision substantially complies with the approved
preliminary plat (PP-02-024). The preliminary plat showed four (4) building lots. One (1)
building lot was removed for the subject final plat application. This conforms to the CUP for
Wendy's/Kinkos/Starbucks.
Staff recommends approval of Wendy's Subdivision with the comments and conditions stated
in this report.
LOCATION
The property is located on the north-west comer of N. Eagle Road and Florence Street,
approximately '/a mile;outh of E. Fairview Ave. in the NE 'kof Section 8, T.3N., R.1W.
SURROUNDING PROPERTIES
This property is surrounded on the north, south, and west by subsequent phases of Treasure
Valley Business Center, zoned I-L. Crossroads Subdivision, also zoned I-L, is located across N.
Eagle Road to the east.
CONDTIONS OF APPROVAL - FINAL PLAT
Applicant shall meet all terms of the approved Preliminary Plat (PP-02-024),
Conditional Use Pennit (CUP-03-052), and Development Agreement pertaining to this
development.
2. The pressurized irrigation system within this development is to be owned and
maintained by Settler's Irrigation District. The City of Meridian requires that pressurized
irrigafion systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the
payment of assessments for the common areas prior to signature on the final plat by the
Meridian City Engineer.
Street signs are 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 fencing, micro-paths,
irrigation, 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, sanitary sewer, water, etc., prior to
signature on the final plat.
4. The Landscape Plan dated 9-3-03 (L-1), prepared by The Land Group needs to be
revised as follows:
EXIIIBIT "A"
PAGE 2 OF 4
a. Add four more trees along the northern boundary of the subdivision per MCC 12-
13-11-2.
b. Add two more trees along the eastern boundary of the subdivision per MCC 12-
13-10-6.
Please submit three (3) revised plans to the Planning & Zoning Department prior to
signature on the final plat.
5. Sanitary sewer service and municipal water to this site shall be via extensions from
existing mains. Applicant will be responsible to construct the sewer and water mains to
and through this proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Works Department.
6. 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.
Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a period of time not to exceed 24 hours for all storms
up to and including a 100-year storm event. Side slopes within drainage areas shall not
exceed 3:1.
8. All irrigation ditches, laterals or canals, exclusive of natural 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, with written confirmation of said
approval submitted to the Public Works Department.
9. 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.
10. Two-hundred-fifty watt (250w), 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.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
11. 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.
17 A..«1:....«4>~. ° ..:11 L.. «nA 4.. ....1-....:4 .. .....nA n4n...«...1 ..4..4....... k ~C. '
.~. .YY........ o ::g .: ..... ..... .... .v°yin aa~s w ouv ,
.. . .
at~rTll .. .. ~ 1 1' 1 F L C L L
hishc~` °°`°'-rnL°a «,.-'-.,., ....,...„a..,°`°- nln.,°.:,.°. (Deleted per action of the City
Council taken at their January 2Q, 2004 meeting.)
13. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
EXIIIBIT "A"
PAGE 3 OF 4
14. Provide sidewalks in accordance with MCC 12-13-10-8.
15. Across access easement shall be recorded for this subdivision or desi~ated on the final
flat. A copy of the recorded easement shall be submitted to the City of Meridian prior to
signature on the final plat. (The underlined portion is added per the action of the City
Council taken at their January 20, 2004 meeting.)
16. All signage within the subdivision shall be subject to a Planned Sign Program. Approval
of a Planned Sign Program will be required prior to construction of any signs within this
subdivision.
17. Staffls failure to cite specific ordinance provisions or terms of the approved preliminary
plat, conditional use permit or development agreement does not relieve Applicant of
responsibility for compliance.
Staff recommends approval of the final plat, with the above stated comments and conditions.
EXHIBIT "A"
PAGE 4 OF 4