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HomeMy WebLinkAboutVerona Subdivision No. 3 FP-05-046 ----- BEFORE THE MERIDIAN CITY COUNCIL ----- - - -- IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLP FOR FINAL PLAT APPROVAL OF 6 COMMERCIAL OFFICE BUILDING LOTS ON 4.65 ACRES IN AN L-O ZONE LOCATED ON THE NORTHEAST CORNER OF MCMILLAN ROAD AND WEST MILANO DRIVE IN A RESUBDIVISION OF LOTS 37, 38, AND 39, BLOCK 3, VERONA SUBDIVISION NO.2 IN THE SW ~ OF T. 4N., R.IW., SECTION 26 C/C August 9, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-046 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 9, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 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: 1. The Final Plat of "PLAT SHOWING VERONA SUBDIVISION NO.3 A RESUBDIVISION OF LOTS 37, 38, AND 39, BLOCK 3, VERONA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO.3 / (FP-O5-046) Page 1 of 3 SUBDIVISION NO.2, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/27/05, SHEET 1 OF 2, ENGINEERING SOLUTIONS", PRIMELAND DEVELOPMENT, LLP, 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 Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15GENERAL 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, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference 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 creditor 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO.3 / (FP.O5-046) Page 2 of 3 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 § 67-6521. 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 ofthe City Council at its regular meeting held on the qt1-- day of A\ 1311Çl- J ,2005. /---.-...-- --.'--.,..-..--.-----....... """, '" UUU"D '~~~(:) '\\\ Of ~x. . ~ ~ "."\'\ð~"'t "1'1"'/// Tammy..~. - .eerd... /' ~r~ h. %Mayor, City of Meridian ::: ~ -"<0 ~ BEAL ~ William G. Berg, Jr., City e;~. ~ ~ \. ~~\'~r 1Si . '" "'.:P g Copy served upon Applicant, thb.r... øn~.fjepartment, Public Works Department, and City ttorney. "1""'1'", TY, ,\"\,\,, '"//111111\"" I... Dated: ð"" ~-1--(f5 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO.3 / (FP-O5-046) Page 3 of 3 / MAYOR Tammy de Wecrd "rl:~ olfe;;;;l:n"-' ; IfÚ\HO PUBLIC WORKS BU ILDING DEPARTMENT (208) 898-5500 . Fax (208)898-955] CITY COUNCIL MEMBERS Keith Bird Christine Donnel1 Shaun Wardle Charles M. Rountree -" "\, ';(, y ': ) PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 , ~~8! STAFF REPORT: Hearing Date: August 9,2005 Transmittal Date: August 4, 2005 To: Mayor and City Council el'f Sonya Allen, Assistant City Planner () Michael Cole, Development Services Coordinator (V\ c. From: Re: Verona Subdivision No.3 Request for Final Plat approval of Six Commercial Building Lots on 4.65 Acres in an L-O Zone by Primeland Development, LLP (File No. FP-O5-046). We have reviewed the above referenced submittals 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, Primeland Development, LLP, has applied for final plat approval of six commercial building lots on 4.65 acres of land for Verona Subdivision No.3. The zoning designation for the proposed subdivision is L-O (Limited Office). Verona Subdivision No.3 is located off the north-east corner of W. McMillan Road and W. Milano Drive, in the SW ~ of Section 26, TAN., R.t W. The proposed subdivision is a re-subdivision of Lots 37, 38, and 39, Block 3, of Verona Subdivison No.2. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Verona Subdivision No.3 with the comments and conditions stated in this report. SPECIAL CONSIDERATIONS A. Lot Frontage Requirement: Lots 41-43, Block 3 (the three northern lots) do not have the required amount of street frontage. MCC 11-9-1 requires a minimum of 50 feet of frontage on a public or private street for all lots in the L-Q zone. When the original Planned FP-05-046 Exhibit "A" Verona Sub3 FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 2 Development application for Verona Subdivision was approved (see File CUP-03-007), the applicant did not request (nor was approved) for any exception to this standard requirement. The original Preliminary Plat (PP-03-003) showed only three lots and each of these had street frontage - so it was not an issue with the original application. However, when the second Preliminary Plat (PP-04-044) was approved for six lots and showed three lots without frontage, neither the applicant nor staff recognized this issue. Staff did recommend a rezone to bring the base zone into confonnance with the use (which was done), but the issue of street frontage was not addressed. The pending Unified Development Code (UDC) removes the street frontage requirement for L-O lots. So, assuming the UDC is approved by City Council, this will not be an issue. The other option is for the applicant to amend CUP-03-007 to allow a zero frontage for all office lots. Below, staffhas provided the applicant with either ofthese options but one of them must occur prior to City Engineer signature of the final plat. B. Modification to Verona CUP and DA: When applications RZ-05-006 and PP-04-044 were approved earlier this year for Phase 3, staff included the following statement in the staff report (see report for File #PP-04-044, dated January 20,2005): "Once the applicant rezones the property, staff feels it would be appropriate to modify the Development Agreement and original Planned Development approval to eliminate the requirement for individual conditional use pennits. Professional and sales offices are pennitted uses in an L-O district." To date, the applicant has not filed for either the DA or a PD modification. As such, a detailed CUP application is required before any building permits can be issued within this phase. While it does not directly affect the subject final plat, staff continues to recommend the applicant file a modification to eliminate this requirement. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ-03-005), Rezone (RZ-05- 006), preliminary plats (PP-03-003 & PP-04-044), and conditional use permit/planned development (CUP-03-007) for this subdivision. 2. Prior to the City Engineer signature, at least one of the following actions must occur before Lots 41-43 will be deemed conforming lots: a) Amend CUP-03-007 (Planned Development for Verona Subdivision) to allow L- 0 zoned lots to be platted with no street frontage requirement; OR b) A new ordinance (Unified Development Code) is approved and published which allows L-O zoned lots to be platted with no street frontage requirement. 3. There appears to be a missing monument marker d~icted on the plat on the eastern boundary of Lot 44, Block 3. The applicant shall confinn this information and ensure all monument markers are depicted on the plat. FP-O5-046 Exhibit "A" Verona Sub3 FP.doc Mayor & City Council Hearing Date: August 9,2005 Page 3 4. The applicant has indicated that the Bridgetower Crossing & Verona Homeowners' Associations will own and maintain the pressure irrigation system within this development. 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 culinary water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Sanitary sewer service to this site shall be from extension of mains stubbed into this site during construction of Verona #2. The applicant shall be responsible to construct all necessary mains to service this project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide sefVIce. 7. Water service to this site will be from main line extensions from existing water stubs installed during construction of Verona #2. The applicant shall construct all water mains necessary to service this project. Coordinate main size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Each lot must keep their waste water on site, a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. A Planned Sign Program shall be required for this phase of Verona Subdivision. 10. Complete the Certificate of Owners. FP-O5-046 Exhibit "A" Verona Sub3 FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 4 11. Staff's failure to cite specific ordinance provisions, or tenus of the approved annexation, rezone, conditional use pennit, or preliminary plats does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 2. Water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approve by the entity having jurisdiction, and the final plat recorded, prior to applying for building pennits. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed 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. 7. One hundred-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 detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan FP-O5-046 Exhibit "A" Verona Sub3 FP.doc 12. 13. 14. 15. Mayor & City Council Hearing Date: August 9, 2005 Page 5 and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 10. 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 nonnal groundwater elevation. 11. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. All grading ofthe site shall be perfonned in confonnance with MCC 11-12-3H. Coordinate fire hydrant placement with the City of Meridian Public Works Department. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-OS-O46 Exhibit "A" Verona Sub3 FP.doc Es~ii~¡!Jis~ I SO East Aikens Street, Suite B Eagle. ill 83616 Phone: (208)938.0980 Fax: (208) 938.0941 E-mail: es-beckym@qwest.net August 8, 2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Verona Subdivision No.3 Final Plat File No. FP-Os.o46 Dear Mayor and Council: We have reviewed the staff comments for the above-referenced project and have the following responses: SITE SPECIFIC CONDITIONS OF APPROVAL (FINAL PLA TI 1. The applicant will comply. 2" The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. C:\Doœments and Sdtings\coleID\L.oca.I Settings\Temporuy Inlemd Files\OLK I A6\Rert;Response (2).dœ Exhibit "I " Mayor and City Council August 8, 2005 Page 2 11. Noted. GENERAL REO UIREMENTS L The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BM;ss cc: Mr. Frank Varriale C:lDoaimcnts and Scrtinßl'\colem\Lœal Senings\Temporlll)' [nlemet FHes\OLK1A6\RecsResponse (2).doc Exhibit "13"