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HomeMy WebLinkAboutSparrowhawk Subdivision No. 3 FP-05-001 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAVID WALDRON FOR APPROVAL OF 11 COOMERCIAL BUILDING LOTS AND 1 OTHER LOT ON 14 ACRES IN A C-GZONE LOCATED ON THE NORTHEAST CORNER OF FRANKLIN ROAD AND NOLA ROAD IN A RESUBDIVISION OF LOTS 2 AND 3, BLOCK 1 OF SP ARROWHA WK SUBDIVISION, BOOK 86, PAGE 9797 AND 9798, ADA COUNTY RECORDS, AND LYING IN A PORTION OF THE S Yz OF T. 3N. R IE., SECTION 8 C/C February 1, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-001 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 February 1,2005, 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, Development Services Manager for the Public Works Department, dated: Hearing Date: February I, 2005, 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION NO. 3/ (FP-O5-00l) Pagelof4 1. The Final Plat of"PLA T SHOWING SP ARROWHA WK SUBDIVISION NO.2, A RESUBDIVISION OF LOTS 2 AND 3, BLOCK 1 OF SP ARROWHA WK SUBDIVISION, BOOK 86, PAGE 9797 AND 9798, ADA COUNTY RECORDS, AND LYING IN A PORTION OF THE S 'l2 OF T. 3N. R IE., SECTION 8, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 12/20/04, SHEET I OF 3, MARKS LAND SURVEYING", DAVID WALDRON, 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, Development Services Manager for the Public Works Department, dated: Hearing Date: February I, 2005, listing 23 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 10 GENERAL REQUIREMENTS,a true and correct copy of which is attached hereto marked Exhibit"A", and consisting of 5 pages, 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: 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDMSION NO. 3/ (FP-O5-001) Page 2 of 4 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 goveming 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. By action of the City Council at its regular meeting held on the 1st- day of Febn Ill.)u J ,~ 2.øo5". Attest: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDMSION NO. 3/ (FP-O5-001) Page 3 of 4 BY~ ~~ 1 Clerk's Office Dated: 2-Ie-Qç ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION NO. 3/ (FP-O5-DOl) Page 4 of 4 MAYOR Tammy de Weerd olfe~;dli:fn CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS KcithBird Christine Donnell Shaun Wardle Charles M. Rountree PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: City Council Date: February I, 2005 To: Mayor & City Council Sonya Allen, Assistant City Planner ¿Ii ~ . Bruce Freckleton, Development Services Manager ~ From: Re: Sparrow hawk Subdivision No.2 Request for Final Plat Approval of Eleven (II) Commercial Building Lots and One (I) Common Lot on 14 Acres in a C-G Zone for Sparrowhawk Subdivision No.2, by David Waldron (File No. FP-O5-001) 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, David Waldron, has requested final plat approval for II commercial building lots and I common lot on 14 acres in a CoG zone for Sparrowhawk Subdivision No.2. This subdivision is a resubdivision of Lots 2 & 3, Block I, of Sparrowhawk Subdivision (No. I). The proposed subdivision is located at the Northeast corner of N. Nola Road and E. Franklin Road, in the SW 1,4 oBection 8, T.3N., R.IE. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the fInal plat for Sparrowhawk Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC REOUIREMENTS 1. Applicant is to meet all terms of the approved Annexation (AZ-00-024) & Development Agreement(s), Preliminary Plat (PP-03-043) and Conditional Use Permit's (CUP-02-001 & CUP-03-066) for this subdivision. Exhibit "A" Mayor & City Council Hearing Date: February 1,2005 Page 2 of 5 6. 7. FP-05-00J 2. 3. 4. 5. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. The following notes on the plat dated 12/20/04, prepared by Marks Land Surveying, need to be revised or added: (6.) Include recording Instrument number of cross access agreement. (10.) Revise note #10 to include the maintenance of all common areas including drive aisles, landscaping, etc. to be the responsibility of the Sparrowhawk Business Owners Association. (lU "Direct lot access to E. Franklin Road is prohibited unless approved bv ACHD and the City of Meridian." The Landscape Plan prepared by The Land Group, dated 12/15/04 needs to be revised as follows: a. A minimum 6-foot fence is required around the perimeter of the subdivision. Perimeter fencing along the western boundary of Lot 2 must be located on the property line (see PP-03-043 Finding #6, pg. 7). Sheet L2.0 does not include Lot 5, Block I. In accordance with CUP-O3-066 Finding #3, pg. 4, include a 15-ft. wide landscape buffer and a minimum 6-foot tall fence on the northern boundary of this lot. Increase landscape buffer width from 15-ft. to 25-feet along the northem boundary of Lot I per PP-03-043 Finding #2, pg. 6 and Sparrowhawk Subdivision #1 landscape easement. Sidewalk along E. Franklin Road shall be located within the 10-ft. wide ACHD sidewalk easement, ACHD right-of-way, OR provide staff with a copy of a recorded pedestrian access for the portion(s) of the sidewalk that encroach into the landscape buffer easement. Correct "W." Franklin Road to read "E." Franklin Road. b. c. d. e. Correct the street name shown on the face of the final plat to read "E." instead of "W." Franklin Road. On the face of the final plat, depict a 15-ft. wide landscape easement along the northern boundary of Lots 2-5, Block I, as required with CUP-03-066 Finding #3, pg. 4. Through CUP-03-066, the applicant was allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months from the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. Exhibit "A" Sparrowhawk Sub2 FP.doc Transmittal Dale: January 26.2005 Mayor & City Council Hearing Date: February 1,2005 Page 3 of5 8. 9. 11. 12. 13. 14. 15. 16. 17. 18. FP-O5-00 I Street signs are to be in place, water system shall be approved and activated, fencing installed, access road base approved by the Meridian Fire Department, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. All development improvements, including sewer & water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 10. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-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. All lots within this development shall be subject to paying sanitary sewer latecomer fees at the time of issuance of a building permit for each individual lot. Latecomer fee are a means of repaying those responsible for installing mains that made the subject property serviceable. 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. The pressurized irrigation system within this development is to be owned and maintained by Sparowhawk Sub. No.2 Building Association. 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 water assessments for the common areas, and well development fees prior to signature on the final plat by the Meridian City Engineer. Provide a recorded copy of a cross access agreement(s) for the lots within the subdivision to utilize the service drive aisles as access to the public street system. Maintenance of said drive aisles shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. The applicant shall provide the required document(s) prior to the City Engineer's signature of the final plat. Complete the Certificate of Owners and accompanying Acknowledgment. Complete the CPF filing numbers on the section corners referenced on the face of the plat. Add the City of "Meridian" to the situate statement of the plat. Exhibit "A" Sparrowhawk Sub2 FP.doc Transmittal Date: January 26. 2005 2. 3. 3. 4. 5. 6. FP-05-00 I Mayor & City Council Hearing Date: February I, 2005 Page 4 of5 19. Correct the heading and second line of the Certificate of Owner to reflect the singular. 20. It appears that the distance (2,645.88') from the point of commencement in the legal description of the Certificate of Owner to the first point is incorrect. Please make the appropriate corrections. 21. Correct the reference to the centerline of W. Franklin Road to be E.: Franklin Road in the first leg of the legal description of the Certificate of Owner. 22. It appears that the bearing quadrant (N 00°23'00" ID from the calculated point on the section line to the Point of Beginning should be (N 00023'00".n). Please confirm. 23. Staffs failure to cite specific ordinance provisions or terms of the approved Annexation & Development Agreement(s), Preliminary Plat or Conditional Use Permits does not relieve the Applicant of responsibility for compliance. GENERAL REOUIREMENTS 1. 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. 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.) Install 250-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. 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.) Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Exhibit "A" SpaITowhawk Sub2 FP.doc Transmittal Date: January 26. 2005 Mayor & City Council Hearing Date: February 1, 2005 PageS of5 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. Coordinate with the Meridian Public Works Department and the Meridian citylRural 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-O5-00 I Exhibit "A" Sparrowhawk Sub2 FP.doc Transmittal Date: January 26. 2005