Van Auken Sub PFP-11-002CITY OF MERH)IAN
FINDINGS OF FACT, CONCLUSIONS OF LAW ~ ~ ~ I~~ ,~\ ~-
AND
DECISION & ORDER _-:%'
In the Matter of the Request for Preliminary/Final Plat for Van Aulcen Subdivision Consisting of
Two Building Lots on 5.2 Acres of Land in a C-C Zoning District, Located at 34 E. Fairview
Avenue, by Mason & Stanfield, Inc.
Case No(s). PFP-11-002
For the City Council Hearing Date of: October 18, 2011 (Findings on November 1, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 18, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 18,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 18, 2011, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-1 I-002
-I-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerlc and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 18, 2011, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for preliminary/final plat is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of October 18, 2011,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, maybe considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council maybe granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerlc 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-11-002
-2-
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board 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.
F. Attached: Staff Report for the hearing date of October 18, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP-11-002
-3-
B action of the City Council at its regular meeting held on the ~ S~
Y
2011.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIIZD
MAYOR TAMMY de WEERD
(TIE BREAKER)
4~,"~ED A j~~~s~
Attest: God r j
~°~
City of
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day of ~~~~,
VOTED ~ ec
VOTED~_
VOTED ~ ~
VOTED~~
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VOTED
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Mayor Ta de Weerd
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Copy served upon Ap n ,The Planning Department, Public Works Department and City Attorney.
By. _._.._.__ Dated: (~'t
Ci ler 's ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PFP- l l -002
-4-
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
L 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 recommends 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. Key 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
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 3r`~ 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 Councill
D. Applicant posted notice on site by: September 2, 2011 (Commission); October 7, 2011 (City Council
VI. LAND USE
Van Auken Sub PFP-ll-002 PAGE 2
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 Sui7ounding 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.
Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan (page 21), the Commercial 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 mix of commercial uses that exist on this property that are consistent with the
Commercial 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 CitJ~ established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meg°idiarz currently pJ°ovides and will co~ztinue to provide municipal se~°vices to the
subject property in the following manner:
- Sanitary sewer and wate~° se~^~~ice is pJ°ovided to the prope~•ty.
- The lm7ds are set~~iced by the Meridian Fri°e Department (MFD).
- The lands are sei~~iced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands a~°e currently owned and maintained by the Ada County
Highway District (ACRD). This service will not change.
- The subject lands m°e currently se~~~iced by the Meridian School District #2. This servr'ce will not
change.
- The subject lands are currently se~°viced by the Meridian Library District. This sein~ice will not
cha~age.
Van Aukeu Sub PFP-11-002 PAGE 3
Municipal, fee-supported, services will be (are) provided by the Mer^idian Building Department, the
Meridian Pzrblic Works Department, the Meridian Water Depar^tnzent, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Ser^~~ices, and Sanitary
Ser^~~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 dais site are not proposed to change with this application as no change in
use of the property is proposed at this time. However, because the property is proposed to be subdivided,
staff is r^ecomnzending a condition that r°equires cross-access/ingress-egress and cross par^Iting (as
applicable) be provr.'ded internally as well as to the adjacentproper°ty to the west where Albertson's is
located arad to the prroperty to the east.
® "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
A variety of conunercial and retail uses exist on this site.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial 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 conunercial 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 zrses are prroposed with this
application.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning
district 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:
PxEL1MINARY/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
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. 51106336370). 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 took 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 ur2der 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.1: Vicinity Map
Van Auken Sub PFP-11-002 PAGE 6
Exhibit A.2: Preliminary Plat (dated: 6/7/11)
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Exhibit A.4: Landscape Plan (dated: 11/17/10)
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B. Agency Comments/Conditions 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 nonconfornng 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 preliminary/final 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 disti7ct 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.
Vau Auken Sub PFP-11-002 PAGE 10
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 buffers, and mailbox placement.
1.4.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
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 WORKS 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 project 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 comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD 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 ACHD 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
C. Required Findings from Unified Development Code
1. 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 Conip~°ehensive Plan Policies and Goals,
Section 7, of the Staff Repo°t foi^ more info°n7ation.
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, ACRD, 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
ACRD considers road safety issues in their
Van Auken Sub PFP-11-002 PAGE 12