HomeMy WebLinkAboutFinancial Plaza Sub PP 03-040interoffice
MEMORANDUM
To: William G. Berg, Jr.
From: Win. F. Nichols
Subject: Financial Plaza Subdivision
File: PP -03-040
Date: February 10, 2004
Will:
:RECEIVED
FEB 1 :.r 20M
Of meridian'
Please find attached the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT, pursuant to action of the Council at their February 3, 2004 meeting. I he
Findings will be on an upcoming Council agenda.
Please serve conformed copies of the Findings upon the Applicant and the
Planning and Zoning Department, Public Works and the City_ Attorney office, i f COnnCI I
approves the Findings.
If you have any questions arise please advise.
Z'AWork\MwMci,idlanAMeiidlan 15300M\Financial Plaza Sub PP-03-040Al3ergPrePlatM5M0 02 10 04.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR FINANCIAL PLAZA
SUBDIVISION FOR 5 BUILDING
LOTS ON 3.49 ACRES IN AN L -O
ZONE LOCATED AT 2225 EAST
OVERLAND ROAD, MERIDIAN,
IDAHO
BY: IDAHO CENTRAL CREDIT
UNION,
APPLICANT
CIC 02/03/04
Case No. PP -03-040
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY"
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on February 3, 2004, and Anna Powell Planning Director for the Planning and Zoning
Department, and Gordon Anderson, appeared and testified, and the City Council having received
a report from Wendy Kirkpatrick for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician I11, 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 "FINANCIAL PLAZA SUBDIVISION, BLOCK 3,
RESOLUTION SUBDIVISION NO. 1, NW '/4 OF SECTION 20, T.3N., R.I E., B.M.,
PRELIMINARY PLAT, CITY OF MERIDIAN/ADA COUNTY IDAHO, PROJECT NO. 03 -
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
I
163, DRAWING FILE NAME: 03163TPI.DWG, SHEET 1/1 #1, DESIGNED BY: GNA,
DRAWN BY: JEC, PLOT DATE: 10/15/03, HANDWRITTEN DATE: 12 NOV 03,
ANDERSON -DAVID & ASSOCIATES, INC. — LAND SURVEYING SERVICES", Idaho
Central Credit Union, 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
That the proposed development is in confonnance 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, and requires connection 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
City of Meridian adopted August 6, 2002, Resolution No. 02-382. The Future Land Use Map
depicts the property as "Commercial' which allows for the proposed commercial subdivision and
the recently approved CUP for Idaho Central Credit Union.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELLVIINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
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 speci [ics of any such
concerns brought to the Council's attention. Since the proposed subdivision is a resubdivision of
a recently platted lot, services are already available to this site.
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.
7. The applicant has submitted for consideration of this approval drawing the
"FINANCIAL PLAZA SUBDIVISION, BLOCK 3, RESOLUTION SUBDIVISION NO. 1, NW
/, OF SECTION 20, T.3N.. R.IF., B.M., PRELIMINARY PLAT, CITY OF MERIDIAN/ADA
COUNTY IDAHO, PROJECT NO. 03-163, DRAWING FILE NAME: 0316ITP I.DWG,
SHEET I/I #l, DESIGNED BY: GNA, DRAWN BYAEC, PLOT DATE: 10/15/03,
HANDWRITTEN DATE: 12 NOV 03, ANDERSON -DAVID & ASSOCIATES, INC. — LAND
SURVEYING SERVICES".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
3
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
The Preliminary Plat of the applicant as evidenced by having submitted the
"FINANCIAL PLAZA SUBDIVISION, BLOCK 3, RESOLUTION SUBDIVISION NO. t, NW
V, OF SECTION 20, T.3N., R. IE., B.M., PRELIMINARY PLAT, CITY OF MERIDIAN/ADA
COUNTY IDAHO, PROJECT NO. 03-163, DRAWING FILE NAME: 03163TP1.DWG,
SHEET 1/1 #1, DESIGNED BY: GNA, DRAWN BY: JEC, PLOT DATE: 10/15/03,
HANDWRITTEN DATE: 12 NOV 03, ANDERSON -DAVID & ASSOCIATES, INC. — LAND
SURVEYING SERVICES", Idaho Central Credit Union, Developer is hereby conditionally
approved, and
The conditions of approval are as follows to -wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
SITE SPECIFIC COMMENTS (preliminary plat)
1. Sanitary sewer and water service to this site shall be via main line extension from
the existing mains adjacent to the property. Subdivision designer to coordinate main
sizing and routing with the Public Works Department.
2. Submit all updated groundwater/soils monitoring data to the Public Works
Department for review. The original study report indicates that shallow
groundwater may be a factor. All drainage areas (detention/retention basins) must
be designed to ensure that water is retained only during 100 -year storm events,
and for a period of time not to exceed 24 hours. Side slopes within drainage
areas shalt not exceed 11. The project engineer should pay close attention to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW .AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
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 street centerline elevations are set a minimum of 3 -feet
above the highest established normal groundwater elevation.
3. A d rainage p tan d esigned b y a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for at[ off
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalogof
Storm Water Best Management Practices for Idaho Cities and Countics and City of
Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
4. Submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department and the City of Meridian Fire Department.
6. 250 -watt and 100 -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. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. The street light contractor shall
obtain design and permit from the Public Works Department prior commencing
installations.
B. Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. In accordance with District policy and the site-specific conditions of approval for
Resolution Subdivision the applicant shall construct a 16 -foot wide (maximum) curb
return driveway on Millennium Way located 175 -feet south of Overland Road as
proposed. Pave the driveway to its full -required width and to a point 30 -feet beyond
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
5
the edge of pavement of Millennium Way with 15 -foot curb radii pavement tapers
abutting the existing roadway edge.
In accordance with District policy and the site-specific conditions of approval for
Resolution Subdivision the applicant shall construct a 36 -foot wide (maximum) curb
cut driveway on Gala Street located 155 -feet east of the intersection with
Millennium Way as proposed. Pave the driveway to its full -required width and to a
point 30 -feet beyond the edge of pavement of Gala Street.
3. hl accordance with District policy and the site-specific conditions of approval for
Resolution Subdivision the applicant shall construct a 36 -foot wide (maximum) curb
cut driveway on Gala Street located 295 -feet east of the intersection of with
Millennium Way as proposed. Pave the driveway to its full -required width and to a
point 30 -feet beyond the edge ofpavement of Gala Street,
4. In accordance with District policy and the site-specific conditions of approval for
Resolution Subdivision the applicant shall construct a 36 -foot wide (maximum) curb
cut driveway on Celebration Avenue located 100 -feet north of the intersection of
Gala Street as proposed. Pave the driveway to its full -required width and to a point
30 -feet beyond the edge of pavement of Celebration Avenue.
In accordance with District policy and the site-specific conditions of approval for
Resolution Subdivision the applicant shall construct a36-footwide (maximum) curb
cut driveway on Celebration Avenue located 74 -feet south of Overland Road as
proposed. Pave the driveway to its full -required width and to a point 30 -feet beyond
the edge of pavement of Celebration Avenue.
6. Other than the access point(s) specifically approved with this application, direct lot
or parcel access to Overland Road and Millennium Way is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
CompIywithal l Site -Specific Conditions of Approval forResoIution Subdivision.
Comply with at] Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
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 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 speci fically 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 anyrequired 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.
S. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance 4198, 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 berequired tocall DIGL'INE(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 shal l 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
7
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:
Provide a fire -flow p er the i nternationat F ire C ode A ppendix D to s ervice t lie
project. Fire hydrants shall be placed an average of 400' apart.
All internal roads shall have a turning radius of 28' inside and 48' outside.
All access roads within the project shall have a clear driving service wide a
minimum width of 20' available at all times.
D. Adopt the recommendations of the Nampa -Meridian Irrigation District as follows:
If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required.
If any surface drainage leaves the site, the Nampa & Meridian It -ligation District
requires a Land Use Change Application to be filed for review prior to final platting.
All laterals and waste ways must be protected. The developer must comply with
Idaho Code 31-3805.
E. Adopt the Recommendations of the Central District Health Department:
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.
Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
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 projcct shall
obtain current best management practices for stonnwater disposal and design a
stonnwater management system that prevents groundwater and surface watcr
degradation.
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.ludicial Review may be filed.
Please take notice that this is a Final action of the governing body or 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.
By action of the City Council at its regular meeting held on the
day of 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
COUNCILMAN BILL NARY VOTED —*�
COUNCILMAN CHARLIE ROUNTREE VOTEDw
COUNCILMAN KEITH BIRD VOTED=�
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Attest:
William G. Berg, Jr.,
Copy served upon Applicant, The
Department and City Attorney.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
FINANCIAL PLAZA SUBDIVISION / (PP -03-040)
10