Van Auken Subdivision PFP-11-002BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR )
PRELIMINARY/FINAL PLAT FOR )
VAN AUKEN SUBDIVISION )
CONSISTING OF TWO BUILDING )
LOTS ON 5.2 ACRES OF LAND IN )
A C-C ZONING DISTRICT )
BY: MASON & STANFIELD, INC. )
APPLICANT )
HEARING DATE: OCTOBER 18, 2011
CASE NO. PFP-ll-002
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on October 18, 2011 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning Department and Public Works Department,
to the Mayor and Council, and the Council having considered the requirements of the preliminary
plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING VAN AUKEN SUBDIVISION, LOCATED IN
THE SW 1/ OF SECTION 6, T.3N., R.lE., BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, 2011, HANDWRITTEN DATE: 7/22/11, DARIN HOLZHEY,
PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR VAN AUKEN SUBDIVISION (PFP-11-002)
Page 1 of 3
as set forth in the staff report to the Mayor and City Council from the Planning
Department and the Development Services division of the Public Worlcs Department
dated October 18, 2011, a true and correct copy of which is attached hereto marked
"Exhibit A" and by this reference incorporated herein, and the response letter from
Scott Stanfield, a true and correct copy of which is attached hereto marked "Exhibit
B" and by this reference incorporated herein.
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:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion ofoff--site and required on-site
improvements.
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 maybe filed.
ORDER OF CONDITIONAL APPROVAL OF F1NAL PLAT
FOR VAN AUKEN SUBDIVISION (PFP-11-002)
Page 2 of 3
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 twent -
Y
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
. ~~
By action of the City Council at its regular meeting held on the
2011.
Attest:
4p~~~D ~ U~~sT
G~4 l j
9
,~ o~,
.~ City of
E ~D~~.N~
`~ t~AHt~
a c lman ~~ S ; y
y lerk
aff~e TR~~S~~
day of
By:
Tammy de erd
Mayor, Ci of Meridian
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
_..._...
Dated: ~, C
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR VAN ALTKEN SUBDNISION (PFP-11-002)
Page 3 of 3
EXHIBIT A
STAFF REPORT
HEARING DATE: October 18, 2011
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: PFP-11-002 -Van Auken Subdivision
~~E IDr,~~i~T>,~-
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Mason & Stanfield, Inc., has applied for a combined preliminary and final plat (PFP)
consisting of two (2) building lots on 5.2 acres of land in a C-C zoning district.
II. SUMMARY RECOMMENDATION
Staff reconunends approval of the proposed PFP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard this item on September 15, 2011. At the public
hearing, the Commission moved to recommend approval of the subject PFP requests.
a. Summary of Commission Public Hearing:
i. In favor: Scott Stanfield
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Scott Stanfield, Applicant's Representative (in agreement w/the staff
re ort
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. I~ey Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Van Auken Sub PFP-11-002 PAGE 1
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PFP-11-002 as
recommended by the Commission & presented in the staff report for the hearing date of October 18, 2011,
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PFP-11-002 as
presented during the hearing on October 18, 2011, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number PFP-11-002 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
34 E. Fairview Avenue (Parcel No. 51106336302)
Located in the southwest % of Section 6, Township 3 North, Range 1 East
B. Owner(s):
Holly Plaza, LLC
2055 Driscoll Drive
Reno, NV 89509
C. Applicant:
Mason & Stanfield, Inc.
826 3"~ Street South
Nampa, ID 83651
D. Representative:
Scott Stanfield, Mason & Stanfield, Inc.
826 3r`~ Street South
Nampa, ID 83651
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a combined preliminary and final plat. A public hearing is required before
the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: August 29, and September 12, 2011 (Commission); September
26, and October 10, 2011 (City Council)
C. Radius notices mailed to properties within 300 feet on: August 18, 2011 (Commission); September 22,
2011 (City Council)
D. Applicant posted notice on site by: September 2, 2011 (Commission); October 7, 2011 (City Council)
VI. LAND USE
Van Auken Sub PFP-11-002 PAGE 2
EXHIBIT A
A. Existing Land Use(s): There are currently some existing structures on this site; the structures on the east
side of the site contain a mix of commercial uses and the structure on the west side of the site is vacant
but was previously a financial institution.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Commercial property, zoned C-C
abuts this site to the north, east, and south; rural residential property, zoned RUT in Ada County, exists
to the west across Meridian Road.
C. History of Previous Actions: In 1996, the City Council approved a lot split through the reduction in
platting process that included the subject property. A Record of Survey was recorded as No. 3538 which
depicts the subject property as "Parcel 1". The parcel was deemed at that time to be an original parcel of
record and therefore, eligible for a one time lot split.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently served from E. Fairview Ave.
b. Location of water: Currently served from N. Meridian Road & E. Fairview Ave.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Corrnnercial" on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan (page 21), the Conunercial designation will provide a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-
family residential, as well as appropriate public uses such as government offices. Within this land use
category, specific zones maybe created to focus commercial activities unique to their locations.
There is currently a nux of commercial uses that exist on this property that are consistent with the
Conunercial designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
existing & future use of this property (staff analysis in italics):
® "Require that development projects have planned for the provision of all public services."
When the Cite established its At°ea of Cit)~ Impact, it planned to pr^ovide City ser~~ices to the subject
pr°operty. The City of Meridian cta^rently provides and will continue to provide rrrtnzi.cipctl ser~t~ices to the
subjectproperty in the following manner:
- Sanitary sewer and water° ser~~ice is pr°ovided to the pr°opeJ°ty.
- The lands are serviced by the Meridian Fire Departrraent (MFD).
- The lands are serviced by the Mer°idian Police Department (MPD),
- The roadwcrys adjacent to the subject lands are cttr°rently owned and maintained by the Ada County
Highway District (ACRD). This sen~ice will not change.
- The subject lands are ctn°rently serviced by the Mer°idiar7 School DistY°ict #2. This ser~t~ice will not
change.
- The subject lands ar°e ctu°r°ently serviced by the Mer°idian Libr°ary District. This ser~~ice will not
change.
Van Auken Sub PFP-11-002 PAGE 3
EXHIBIT A
Marnicipal, fee-supported, services will be (are) pf°ovided by the Meridian Building Department, the
McJ~idian Public Worhs Department, the Meridian Water Department, the Meridian Wastewater
Depaf°tment, the Mei°idian Plamaing Department, Meg°idian Utilit3~ Billing Sen~ices, and Sanitary
Se~~~ices Company.
® "Reduce the number of existing access points onto arterial streets by using methods such as cross-access
agreements, access management, and frontage/backage roads."
The existing access points for this site are notproposed to change with this application as no change in
use of the property is proposed at this tinge. However, because the pJ°operty is proposed to be subdivided,
staff is recommending a condition that ~°ec~ui.res cross-access/ingress-egress cn~d cross par°king (as
applicable) be provided internally as well as to the adjacent property to the west where Albertson's is
located and to the property to the east.
® "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
A variety of commercial and retail uses exist on this site.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the conunercial districts is to provide for the retail and
service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts
are designated which differ in the size and scale of commercial structures accommodated in the district,
the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted, accessory,
conditional, and prohibited uses in the C-C zoning district. No new uses are proposed with this
application.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning
distr7ct apply to this site.
D. Landscaping Standards (UDC Table 11-2B-3):
1. Width of street buffer(s): 25 feet along N. Meridian Road & E. Fairview Avenue, both arterial streets
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
PxELIMINARY/FINAL PLAT: The proposed preliminary/final plat consists of 2 building lots on 5.2
acres of land in a C-C zoning district. The plat will subdivide one parcel into two parcels on which
each of the existing structures and associated parking will be located.
Dimensional Standards (IJDC Table 11-2B-3): In the C-C district, there is no required front, rear, or
side setback; however, a 25-foot wide street landscape buffer is required adjacent to N. Meridian Road
& E. Fairview Avenue which essentially serves as a setback. The existing structures are not within the
area required for a landscape buffer.
Access: Access is currently provided to the site via one signalized full access to/from E. Fairview
Avenue at the southeast corner of the site. Another right-in access to the site exists via Fairview at the
Van Auken Sub PFP-11-002 PAGE 4
EXIIIBIT A
south boundary toward the west end of the site adjacent to the existing structure that was formerly
Pioneer Federal Credit Union. No new access points are proposed with this application. Access to
streets shall comply with the standards listed in UDC 11-3A-3.
Staff recommends as a condition of approval that across-access/ingress-egress/cross parking easement
be provided internally for the proposed lots as well as to the Albertsons property northwest of the site
(Parcel No. S1106336370). Across-access/ingress-egress easement benefitting the property to the east
(Parcel No. 51106336401) shall also be provided. These easements shall be provided on the face of
the recorded final plat.
Landscaping: UDC Table 11-2B-3 requires a 25-foot wide landscape buffer to be provided adjacent to
N. Meridian Road & E. Fairview Avenue in accord with the standards for landscape buffers along
streets listed in UDC 11-3B-7. Parking lot landscaping is also required to comply with the standards
listed in UDC 11-3B-8.
The street buffer and parking lot landscaping/design that exists on this site is not consistent with the
standards contained in the UDC. However, because development of this site tools place and was lawful
prior to the adoption of the Unified Development Code, it is considered a nonconforming use per UDC
11-1A-1. As such, a nonconforming use may continue as long as the use remains lawful and is not
expanded or extended, subject to the provisions listed in UDC 11-1B-4. If additions are proposed in
the future to existing structures, see the guidelines for conformance to landscaping standards listed in
UDC 11-3B-2D.
Note: Note #6 on the preliminary plat under Development Data incorrectly references "residential"
lots instead of "commercial" lots.
Staff recommends approval of the proposed PFP application with the conditions listed in Exhibit B of
the staff report.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: 6/7/11)
3. Final Plat (dated: 6/7/11)
4. Landscape Plan (dated: 11/17/10)
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Van Auken Sub PFP-11-002 PAGE 5
EXHIBIT A
Exhibit A.1: Vicinity Map
Van Auken Sub PFP-I1-002 PAGE 6
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: 617/11)
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EXHIBIT A
Exhibit A.4: Landscape Plan (dated: 11/17/10)
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Van Auken Sub PFP-11-002 PAGE 9
EXHIBIT A
B. Agency CommentslConditions of Approval
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A cross-access/ingress-egress/cross-parking easement for internal lots and cross-
access/ingress-egress easement to adjoining properties (Parcels 51106336370 & 51106336401)
shall be depicted and/or noted on the face of the recorded final plat in accord with the
provisions of UDC 11-3A-3A2.
1.1.2 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the
site.
1.1.3 The existing parking lot and street buffer landscaping is considered a nonconforming use per
UDC 11-1A-1. The nonconforming use may continue as long as the use remains lawful and is
not expanded or extended. If additions are proposed in the future to existing structures, see the
guidelines for conformance to landscaping standards listed in UDC 11-3B-2D.
1.2 Ongoing Conditions of Approval
1.2.1 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.2.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of
the area.
1.3 Process Conditions of Approval
1.3.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.3.2 The applicant shall obtain the City Engineer's signature on a final plat within two years of the
approval of this combined preliminarylfinal plat as set forth in UDC 11-6B-7A.
1.3.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years of approval of the preliminary/final plat
or 2) gain approval of a time extension as set forth in UDC 11-6B-7.
1.4 General Conditions of Approval
1.4.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.4.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.4.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.4.4 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.4.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.4.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.4.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
Van Auken Sub PFP-11-002 PAGE 10
EXHIBIT A
1.4.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-SI,
11-3B-8C, and Chapter 3 Article C.
1.4.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-
3B-7C.
1.4.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffets, and mailbox placement.
1.4.11 Protect any existing trees on the subject property that are greater than four-inch caliper andlor
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.4.12 Comply with the off street loading space requirements as set forth in UDC 11-3C-8.
1.4.13 Comply with the outdoor service and equipment area. standards as set forth in UDC 11-3A-12.
1.4.14 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.4.15 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.4.16 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.4.17 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14.
2. PUBLIC WORI{S DEPARTMENT
2.1 The applicant will need to depict on the face of the plat the installed City of Meridian sewer and
water easements.
2.2 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
3. FIRE DEPARTMENT
3.1 The proposed prof ect has no Fire Department concerns.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 SSC has no commnents related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACRD has no site specific conditions of approval for this application at this time due to the fact
that there is no change in use. The applicant shall be required to meet all of the ACRD Standard
Conditions of Approval as well as all ACRD Policies and requirements that may apply.
7. PARKS DEPARTMENT
7.1 The Parks Department had no comments on this application.
Van Auken Sub PFP-11-002 PAGE 11
EXHIBIT A
C.
Required Findings from Unified Development Code
Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-mal~ing body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the
adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals,
Section 7, of the Staff Report for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are currently provided to the subject property.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the property is currently serviced by City water and sewer and any other utilities
will be provided by the development at their own cost, the City Council finds that the
subdivision will not require the expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council finds there is public financial capability of supporting services for the
proposed development based on comments from the public service providers (i.e., Police,
Fire, ACHD, etc.). (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council is not aware of any
associated with the platting of this property
analysis
health, safety, or environmental problems
ACHD considers road safety issues in their
Van Auken Sub PFP-11-002 PAGE 12
{{\ r~>"
Sonya Watters
From: Scott Stanfield [sstanfield@mseng.us]
Sent: Thursday, September 15, 2011 9:49 AM
To: Sonya Watters
~'~ge 1 of 1
Subject: Van Auken Sub PFP for 9/15 P&Z Mtg
Sonya, I reviewed the staff report and I have no concerns with the recommended conditions of approval,
10/20/2011