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HomeMy WebLinkAboutJabil Sub PFP 03-005Interoffice RECEly F, FEB 1 2"24 City Of Meridian MEMORANDUM ,;ity clerk Olfice To: William G. Berg, Jr. From: W m. F. Nichols Subject: Jabil Subdivision By: Jabil Circuit, Inc. File No. PFP-03-005 — Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary/Final Plat Date: February 9, 2004 Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give the a call. G:AWp)i k%MtMerldlaflAMci ',Nati 15360M\.IabiI Sub PFP-03-005\13erg PEP MEMO 02 09 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR JABIL SUBDIVISION, LOCATED AT 1303 EAST CENTRAL WAY, MERIDIAN, IDAHO BY: JABIL CIRCUIT, INC. APPLICANT C/C 02/03/04 CASE NO. PFP-03-005 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 February 3, 2004, and Anna Powell Plaiming Director, and Kent Brown, appeared and testi Fed at the hearing, and the City Council having received a report from Steve Siddoway Planner 11 for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician Ill, 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, "PLAT OF JABIL SUBDIVISION, LOCATED IN THE SE'/4 OF SECTION 18, T3N., RIE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004,31015 -PLT MEM 1/5/04, SHEET 1 OF 2, HANDWRITTEN DATE: 1/6/04, STAMPED: RECEIVED JAN 06 2004 CITY OF MERIDIAN CITY CLERK OFFICE, JABIL, CIRCUIT, INC. — DEVELOPER, BRIGGS ENGINEERING, INC. — CONSULTING ENGINEERS", Jabil Circuit, Inc. submitted for preliminary/final plat approval, and which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYiFINAL PLAT -JABIL SUBDIVISION BY: JABIL CIRCUIT. INC.-(PFP-03-005) PAGE I OF l l preliminary/final plat application is herein received and adjudged by the City Council, pusuanl 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 H- Light Industrial; and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 N] The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map designates the property as Industrial, which also matches [lie existing zoning of Light Industrial (I -L). The subject property was approved for light industrial manufacturing, and remains so under the proposed re -subdivision. It is determined that public services are available to accommodate the proposed development. Water and sewer services were hooked to the existing Jabil Circuits building when it was constructed, and services were stubbed into what will be Lot 2. 4. It is found that the subdivision will not require the expenditure of any capital improvement funds. Sewer and water are already installed and connected to Lot 1 and are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT — JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 2 OF 11 stubbed to Lot 2. The owner is responsible for the cost of any modifications or extensions to the current system. 5. It is found that the development will not require major expenditures for providing supporting services. City services have already been provided to the subject property For at IcaSI 3-4 years. New services will not be required by the proposed plat. 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. 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: ]TIS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary/Final Plat of the applicant as evidenced by "PLAT OF JABIL SUBDIVISION, LOCATED IN THE SE '/a OF SECTION 18, T3N., Rl. E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004,31015 -PLT MEM 1/5/04, SHEET I OF 2, HANDWRITTEN DATE: l/6/04, STAMPED: RECEIVED JAN 06 2004 CITY OF MERIDIAN CITY CLERK OFFICE, JABIL CIRCUIT, INC. —DEVELOPER, BRIGGS ENGINEERING, INC. — CONSULTING ENGINEERS", has been submitted for preliminary/final plat. FINDINGS 01: FACF AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRI--.LIMINARY/FINAL PLAT-JABILSUBDIVISION BY: JAB1L CIRCUIT, INC. - (PFP-03-005) PAGE 3 OF 11 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from Steve Siddoway ,Planner 11 for Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Transmittal Date: Transmittal Date: January 5, 2004 and P & Z Hearing Date: January 8, 2004, listing 8 Site Specific Comments - Preliminary/Final Plat, a true and correct copy of which is attached hereto and marked 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 February 3, 2004, and the requirements are as follows, to -wit: A. Adopt the action of the Council taken at their February 3, 2004 meeting as follows: Pertaining to the below paragraph no the Idaho Transportation Department Noise Abatement condition, this condition shall not be a requirement for the Applicant, and is therefore deleted. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Sign the Certi ficate of Owners and notarize the accompanying Acknowledgment (Sheet2 of the final plat) upon approval of the plat. 2. Modify the final plat to accurately reflect the right-of-way for the Locust Grove overpass. Submit 10 copies of the revised plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 4 OF 11 • B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Sign the Certi ficate of Owners and notarize the accompanying Acknowledgment (Sheet2 of the final plat) upon approval of the plat. 2. Modify the final plat to accurately reflect the right-of-way for the Locust Grove overpass. Submit 10 copies of the revised plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 4 OF 11 A nlutti-use pathway will be required with any future development on Lot 2, in compliance with the Parks Dept. pathways plan in effect at the time of development. The pathway will not require bonding prior to signature on the final plat. 4. 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. 5. Prior to issuance of a building permit on Lot 2, a FEMA "Letter of Map Revision - LOM R - shall be submitted to the Meridian Public Works Department. 6. Pressurized irrigation within this development will be from the existing system that was installed as part of the Jabil Circuits development. 7. Clarify on the filial plat map where the mineral rights mentioned in note #') impacts the subdivision. Tie down existing easements to the subdivision boundary for reference purposes. Note the recording instrument number on all easements that are graphically depicted on the final plat map. C. Adopt the Recommendations of the ACHD as follows: 1. The required street improvements and dedication of right-of-way have been completecl with the previous applications for this site abutting Central Drive. 2. The following driveway locations were approved with MSPR99-18 in accordance with District policy. The eastern driveway on Central Drive is located 120 -feet west of the east property line. The middle driveway on Central Drive is located 940 -feet west of the east property line. i The western two driveways on Central Drive are located 1,900 -feet west of the east property line and 2,500 -feet respectively. The applicant shall be required to coordinate with the District and ITD for any additional right-of-way required for the project abutting the site on Locust GroveRoad. The right -of - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT — JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 5 OF 11 way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission orprior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breal<ing ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance 9198), if funds are available. 4. The District has a $7,000.00 deposit to the Public Rights -of -Way Trust Fund (#00-007) for the cost of constructing a 5 -foot wide concrete sidewalk on ,Locust Grove Road abuttinl' the parcel (approximately 350 -feet) prior to District approval of MSPR99-18. 5. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Central Drive and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. 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 anythat 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 the District's Utility Coordinator at 387-6258 (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 6 OF I I 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pen -nit (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 #198, 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 tilled) 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 o F 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. Special Recommendation to the Applicant and the City of Meridian 1. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACEID on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Commuterldc at 387-6160 for further information. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 7 OF 11 2. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). 4. An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Conmurteride Office. D. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire -flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. All roads internal fire lanes and entrances shall have a turning radius of 28' inside and 48' outside. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All building uses and processes shall comply with the International Fire Code. E. Adopt the Recommendations of Central District Health Dept 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 8 OF 11 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. 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. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Applicant shall file a Land Use Application prior to Final plattin,. ?. All laterals and waste ways must be protected. The District's Hunter Lateral courses through this proposed project with a recorded easement of 40 (forty) feet, 20 (twenty) feet each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 3. 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 and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYTINAL'PLAT - JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 9 OF 11 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS 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 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. t 11 A By action of the City Council at its regular meeting held on theday of u i , 2004.Ij Y i. Tammy erd Mayo of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYiFINAL PLAT — JABIL SUBDIVISION BY: JABIL CIRCUIT, INC. - (PFP-03-005) PAGE 10 OF I 1 Attest: CwxA 6 e- William G. Berg, Jr., City Copy served upon Applicant, the Planning and City Attorney. By: '44 ' City Cleric ,�nunrlr'nrr of MER?l ., C09raagr� SEAL 03 o ; c0 1/RrfY and' dninwpdartment. Public 2 -/7 -04 - K\Work\M\Meridian\Meridian 15360M\Jabil Sub PRP -03 -005TH FPCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT —JABIL SUBDIVISION 13Y:.IABIL CIRCUIT. INC. - (PFP-03-005) PAGE II OF I I G \�Q Pcwc„�;�o