HomeMy WebLinkAboutLynwood Plaza Subdivision FP-04-044
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF BUSTERBACK
DEVELOPMENT, LLC FOR
APPROVAL OF 5 COMMERCIAL
BUILDING LOTS ON 2.88 ACRES
IN AN L-O ZONE LOCATED
NORTH OF WEST CHERRY LANE
AND EAST OF NORTH TEN MILE
ROAD IN THE SE % OF THE SW %
T.3N., R.IW., SECTION 2
C/C August 10, 2004
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CASE NO. FP-04-044
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 August 10,2004, and the Council finding that the Administrative
Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Bruce Freckleton, Senior Engineering Technician for the Public Works Department,
dated: Hearing Date: August la, 2004, 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 LYNWOOD PLAZA SUBDIVISION
LOCATED IN THE SE \4 OF THE SW \4 T.3N., R.IW., SECTION 2, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, J:\LYNWOOD
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR L YNWOOD PLAZA SUBDIVISION NO. / (FP-O4-044)
Pagelof4
PLAZA_02061O1\Drawings\00_LYNWOOD]LAT1.DWG06/01/04 SHEET 1 OF
4, HANDWRITTEN DATE 06/01/04, ENGINEERING NORTHWEST, LLC",
BUSTERBACK DEVELOPMEN, LLC, Developer, is Conditionally Approved
subject to those conditions of Staff comments as set forth in the Memorandum to the
Mayor and City Council from Sonya Allen Assistant City Planner for the Planning
and Zoning Department and Bruce Freckleton, Senior Engineering Technician for
the Public Works Department, dated: Hearing Date: August 10, 2004, listing 12
SITE
SPECIFIC
REQUIREMENTS/FINAL
PLAT
and
4
GENERAL
REQUIREMENTS, a true and correct copy of which is attached hereto marked
Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein,
and the additional requirements from the action of the Council taken at their August
10, 2004 meeting as follows, to-wit:
1.1
Adopt the Recommendation of the Central District Health
Department as follows:
The Central District Health 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-offis not to create a
mosquito breeding problem; and it is suggested that the
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 architects should
obtain current best management practices for stormwater
disposal and design a stormwater management system that is
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR L YNWOOD PLAZA SUBDIVISION NO. / (FP-04-044)
Page2of4
preventing groundwater and surface water degradation.
Manuals for guidance:
1. State ofIdaho 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.
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:
1.
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 REGULA TORY 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 § 67-652 I. An affected person being a person who has an interest
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR L YNWOOD PLAZA SUBDIVISION NO. / (FP-O4-044)
Page 3 of 4
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,
Idaho Code.
By action of the City Council at its regular meeting held on the
\Oih
day
Of~UÇ.+
,2004.
Attest:
""
By:.J()JúLJt . , 1\ L-1
City Clerk's 0 ce
Dated:
q'2~
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR L YNWOOD PLAZA SUBDIVISION NO. / (FP-O4-044)
Page4of4
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William LM, Nary
Shaun Wardle
Charles M, Rounlree
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CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
STAFF REPORT:
City Council Date: July 20, 2004
To:
Mayor, City Council and Planning & Zoning Commission
Sonya Allen, Planner I cfll
Bruce Freckleton, Senior Engineering Tech ~
Lynwood Plaza Subdivision
From:
Re:
. Request for Final Plat Approval of Five (5) Commercial Building Lots on
2.88 Acres in an L-O Zone for Lynwood Plaza Subdivision, by Busterback
Development, LLC (File No. FP-O4-044)
We have reviewed the above-referenced submittal 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 & LOCATION
The applicant, Busterback Development. LLC, has requested final plat approval for 5
commercial building lots on 2.88 acres for Lynwood Plaza Subdivision. The proposed
subdivision is located on the north side of W. Cherry Lane, approximately \4mile east of N.
Ten Mile Road. in the SW \4 of SectioI12, T .3N., R.lE.
The submitted final plat complies with the approved preliminary plat. However. on the
approved Preliminary Plat, the 40-foot wide Rutledge Lateral easement on the west and south
boundaries of the property was not shown. Trees were shown on the approved Landscape Plan
within this easement, which are not allowed by NMID. To resolve this issue, the applicant
submitted a request to the Planning Director for Alternative Compliance to the Landscape
Ordinance along with a revised landscape plan that complies with the conditions allowed for
Alternative Compliance under MCC 12-13-18-2.F. The amount of trees that were required for
the west and south-west landscape buffers were relocated to the landscape buffers along the
north, east, and south-east boundaries of the property. The Planning Director approved the
applicant's request with the requirement that they install a 6-foot solid fence along the western
EXHIBIT "A"
7.
FP-04-044
Mayor & City Council
Hearing Date: July 20, 2004
Page 2 of 4
property line the depth of the fIrst two properties closest to Cherry Lane. This fence will aid
in blocking headlights from the drive-thru proposed on Lot 5 to the adjacent residences.
Staff recommends approval of the final plat for Lynwood Plaza Subdivision with the
comments and conditions stated in this report.
SITE SPECIFIC REOUIREMENTS
1.
Applicant is to meet all terms of the approved Preliminary Plat (PP-O3-013) and
Development Agreement for this subdivision.
2.
Submit compaction test results to the Meridian Building Department for any building
pads within lots receiving engineered backfill.
3.
Show landscape easements on the face of the plat.
4.
Submit a cross-access agreement that includes all lots within the subdivision (per
Preliminary Plat Finding #8, pg. 6).
5.
Revise or add the following notes to the face of the plat:
a. Note #4: Complete the instrument number of the recorded Development
Agreement and Conditional Use Permit if one exists (Development Agreement
Addendum Inst. #101060907 ordered that the existing CUP be revoked).
6.
Revise the landscape plan dated 4/10/03, prepared by Larry Knopp, as follows:
a.
Connect the existing pathway out of Devlin Place to the parking area within the
proposed development per Preliminary Plat Finding #6, pg. 6.
Drainage swales within the Rutledge Lateral easement must be approved by
NMID as they are not specifically listed in the License Agreement.
Correct note shown within Cherry Lane to read "south" instead of "west"
property boundary 414'.
Relocate one tree to the south-west comer of the property outside of the Rutledge
Lateral easement.
Show a new, 6-foot tall solid fence along the western property line the depth of
the first two house lots north of Cherry Lane.
b.
c.
d.
e.
Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, and road base
approved by the Ada County Highway District prior to applying for building permits.
All development improvements 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
Exhibit "A"
Lynwood Plaza Sub FP,doc
11.
12.
Mayor & City Council
Hearing Date: July 20, 2004
Page 3 of 4
required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final plat.
8.
Sanitary sewer service and municipal water to this development shall be via extensions
from existing mains. Applicant will be responsible to construct the sewer and water
mains to and through this proposed development, thereby making them available to
adjacent properties. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard form of
easements, for any mains that are required to provide service.
9.
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.
10.
The pressurized irrigation system within this development is to be owned and
maintained by N ampa & Meridian Irrigation District. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If a creek or
well source is not available, a single-point connection to the municipal 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.
Complete the Certificate of Owners and accompanying Acknowledgment.
Staff's failure to cite specific ordinance provisions or terms of the approved preliminary
plat or Development Agreement does not relieve Applicant of responsibility for
compliance.
GENERAL REOUIREMENTS
FP-04.044
I. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided per City
Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate
irrigation/drainage district, or lateral users association to the Public Works Department.
2. Remove any existing domestic wells and/or septic systems within this project 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.)
3. Install lOa-watt, high-pressure sodium streetlights at locations designated by the Public
Works Department. Street light contractor shall obtain an approved design and permit
from the Public Works Department prior to commencing installations.
EKhibit "A"
Lynwood Plaza Sub FP.doc
Mayor & City Council
Hearing Date: July 20, 2004
Page 4 of 4
3. Replace any tree over four (4) inch caliper that is removed from the property with an
equivalent number of caliper inches of trees. (Required landscape buffer trees will not
be considered as replacement trees for those trees that have to be removed.)
4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural
Fire Department to determine fire flow requirements. Provide a letter from the Fire
Department stating required fire flow requirements prior to final plat approval.
RECOMMENDATION
Staff recommends approval of the final plat with the above stated comments and conditions.
FP-O4.044
Exhibit "A'"
Lynwood Plaza Sub FP,doc