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HomeMy WebLinkAboutChampion Park Subdivision No. 4 FP-05-053 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HILL VIEW DEVELOPMENT FOR FINAL PLAT APPROVAL OF 3 COMMERCIAL BUILDING LOTS ON 11.28 ACRES IN AN R-8 ZONE LOCATED WEST OF NORTH EAGLE ROAD AND NORTH OF EAST USTICK ROAD IN THE SE IA OF T. 4N., R.1E., SECTION 32 C/C August 16, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-053 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 16,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner and Josh Wilson, Associate City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 16,2005, 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 CHAMPION PARK SUBDIVISION NO.4 LOCATED IN THE SE 'l4 OF T. 4N., R. IE., SECTION 32, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.4 / (FP-O5.053) Page 1 of 5 MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/14/05, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", HILLVIEW DEVELOPMENT, 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 and Josh Wilson, Associate City Plam1er for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 16, 2005, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16 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, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of3 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 16, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their August 16, 2005 meeting, and specifically pertaining to the staff report, under Conditions of Approval, to revise number 2, such now it reads as follows: CONDITIONS OF APPROVAL 2. A new detailed conditional use permit aftà coneurrent rezone ttl3pliøation to the appropriate commereÎal zone, as detønnined by the Direotor, will be required prior to development of any of the commercial, office, or mini-storage lots within this subdivision. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.4 / (FP.O5-053) Page 2 of 5 1.2 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 Enviromnental Quality for central sewage and central water; that run-off is 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 preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Enviromnental 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.4 / (FP-O5-053) Page 3 of 5 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 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 of the City Council at its regular meeting held on the \1.ß~ day of Alljœt ,2005. Tammy eerd Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.4 / (FP.O5-053) Page 4 of 5 Attest: j SEAL William G. Berg, Jr., Cit lerk ~ y~. f? [j ~ ." ~ '" '.0 ~ \ ~ .,. 1$\ . ~ .;:~ C?py s¡erved upon Applicant, the Planniiíg/~ ~~ent, Public Works Department, and ~~~ torney ~~~~~t\"\\\\ CL:l~ -as Cl y Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.4 / (FP-O5-053) Page 5 of 5 MAYOR Tammy de Weerd r:. clfe;; d i :n- ; IDAHO PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle Charles M. Rountree .,. -" .{, ", \' '; .J PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 STAFF REPORT: Hearing Date: August 16, 2005 Transmittal Date: August 11, 2005 To: Mayor, City Council and Planning & Zoning Commission <111. Sonya Allen, Assistant City Planner oi Josh Wilson, Associate City Planner '..t2- Michael Cole, Development Services C rdinator (Y\ G From: Re: Champion Park Subdivision No.4 (aka Parks tone Subdivision) Request for Final Plat Approval of Three Commercial Building Lots on 11.28 Acres in an R-8 Zone for Champion Park Subdivision No.4, by Hillview Development Corporation (File No. FP-O5-053). 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, Hillview Development Corporation, has requested final plat approval of the fourth phase of Champion Park Subdivision (preliminary platted under the name Parkstone Subdivision). This phase of the subdivision consists of 3 commercial building lots on 11.28 acres. Champion Park Subdivision is located approximately Yz mile west ofN. Eagle Road on the north side orE. Ustick Road, in the SE 'l4 of Section 32, TAN., R.1E. A Conditional Use Permit (CUP) for a Planned Development was approved for this subdivision that allowed for a 20% land use exception for a portion of the subdivision to be developed in a commercial manner. The CUP also allowed for reductions to the front setbacks (from l5-ft. for living areas & 20-ft. for garages to 15-ft. for non-front entry garages), side setbacks (from 5-ft. per story to 5-ft. for single & two story buildings), minimum lot size (from 6,500 s.f. to 5,888 s.f. for detached dwellings and from 4,000 s.f. to 3,883 s.f. for attached dwellings), minimum street frontage (from 65-ft:. to 60-ft. for detached dwellings and from 40-ft. to 25-ft. for cul-de-sac lots), minimum house size (from 1,301 s.f. to 1,200 s.f. for detached dwellings), and allowance for block lengths to exceed 1,000-feet. FP-O5-053 Exhibit "A" Champion Park SuM FP.doe 6. 7. Mayor & City Council Hearing Date: August 16, 2005 Page 2 Staff finds that the proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of the fourth phase of Champion Park Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-033), Planned Development (CUP-02-049), and Development Agreement (Inst. No. 103085229). 2. A new detailed conditional use permit and concurrent rezone application to the appropriate commercial zone, as determined by the Director, will be required prior to development of any of the commercial, office, or mini-storage lots within this subdivision. 3. The 6-ft wide landscape buffer easement along the west side of Lot 53, Block 18 (mini- storage lot) and the 20-ft. wide landscape buffer easement adjacent to the western boundary of Lots 54 & 55, Block 18 (office lots) must be graphically shown on the face of the plat. The 6-ft. buffer between land uses on the west side of Lot 3, Block 15 (the mini-storage lot) shall be planted w/ columnar juniper trees, per the submitted landscape plan. 4. The submitted landscape plan shall be revised as follows: a) There is a 20 foot required landscape buffer along N. Leslie Way on Lots 53, 54, and 55, Block 18. The landscape plan shall be revised to remove the placement of a portion of the parking lot on Lot 54 from this landscape buffer, and replace with vegetative ground cover. 5. The pressurized irrigation system within this development is to be owned and maintained by the Home Owner's 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 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. Sanitary sewer and water mains were stubbed into these proposed lots during the construction of Champions Park No.3. There is only one sewer and water stub between the Lots 54 and 55, Block 18. The applicant shall graphically depict the necessary easements to convey sewer and water mains between these lots, or make a note on the face of the plat granting a cross utility easement. A drainage plan designed by a State of Idaho licensed architect or engineer is required FP~O5-053 Exhibit "A" Champion Park SuM FP.doc 12. Mayor & City Council Hearing Date: August 16, 2005 Page 3 and shaH 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 Enviromnental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 DO-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances). 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater 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 permitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and sti11 meet the standards ofMCC 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. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 11. Add a note on the face ofthe plat or graphically depict, a cross-access agreement between Lots 54 and 55, Block 18. Add or revise the following notes on the plat dated 7/25/05, prepared by Engineering Northwest: (4.)"Direct lot access to E. Ustick Road is prohibited lHlløss speoifieally allowed by the Ada Couaty Higlr.va)' Distriet and the City of Meridian. (6.) Add note advising lot owners that they are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless responsibility is assumed by an irrigation district. (7.) Add a note advising "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation." FP-OS-O53 Exhibit "A" Champion Park SuM FP.doc Mayor & City Council Hearing Date: August 16, 2005 Page 4 13. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. STANDARD CONDITIONS OF APPROVAL 1. 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, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street lights shall be installed in compliance with the approved streetlight agreement. Two-hundred-fifty (250w), and one-hundred watt (1O0w), 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 determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 3. Any existing domestic wells and/or septic systems within this project shall 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. 4. 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. 5. 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. 6. 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. 7. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 8. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13- 10-8. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Temporary construction fencing to contain debris shall be installed at the boundaries of FP-O5-053 Exhibit "A" Champion Park SuM FP.doc 14. 15. 16. Mayor & City Council Hearing Date: August 16, 2005 Page 5 this phase where no permanent fencing is proposed unless permanent fencing exists at the subdivision boundaries. Fencing must be in compliance with MCC 12-4-10. 11. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 12. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 13. 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, with written confirmation of said approval submitted to the Public Works Department. 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 Enviromnental Protection Agency. Developer shall coordinate mailbox locations with the Meridian Post Office. RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP-O5-053 Exhibit "A" Champion Park SuM FP.doc 3. 4. E S ~~~9~~ : ¡ 50 Easl AikcllS Slr'"l"t. Suit" U Ea"k II) 8V,!() Phonc; (20X) <))8-0nO Fax: (208) 'H8.094t Ii-mail: (',-hççkYill(i/~qwC'l.lIl'I August 12, 2005 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Champion Park Subdivision No.4 (Final Plat) FP-O5-053 Dear Mayor and Council: We have reviewed staff comments for the hearing date of August 16, 2005, and have the folJowing responses. SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant wîll meet all tenns of the approved Preliminary Plat (PP-02-033), Planned Development (CUP-02-049), and Development Agreement (Instrument No. 103085229). 2. The applicant disagrees with the Director's determination that the property needs to be rezoned. The prelinúnary plat was approved in the same configuration as the final plat. This project is not sinûlar to Verona Subdivision No.3, which was rezoned only because lots were added. City ordinance does not require rezoning of this property; as stated by staff, the conditional use permit was approved to allow a 20% land use exception, and the rmal plat complies with the approved preliminary plat. The applicant is rethinking his options and may, in fact, come back with a residential plan for the mini-storage lot, leaving the two office lots closest to Ustick Road. The applicant is opposed to rezoning the property when the uses have already been approved via the planned development application. We do not want to have the final plat tied to a requirement to rezone the property and respectfully request that this condition be deleted. The applicant will comply. The applicant wil1 comply. C:\Doçum~nts and S"tlings\grc~nt\Lo"al ScltingSlTcmponuy !nlcnlet Fiks\OLK24\R~"ÇsRcsp(JIl,d.d"," Exhihit "II" Mayor and City lA.JUl1cil August 12, 2005 Page 2 5. The appJicant will comply. 6. The applicant wilI 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. Noted. STANDARD CONDITIONS OF APPROVAL 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. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply (this is a repeat of Item 1). 14. The applicant will comply. C\Documems and Seuings\grccl1t\Local Settings\Temporal)' Lntel1lel FilcsIOLK24IR,'csRespol1sd.ùlJc Exhibit "H" Mayor and City CoLulcil August] 2,2005 Page 3 15. Thc applicant will comply. 16. The applicant will comply. We believe this letter addresses all items of the staff comments. Please feci free to caB if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Shari Stiles Planner /ss cc: Mr. Jim Merkle C:\Documell!~ and Seuings\greent\Local Settil1gs\Temporary II1tell1d Fiks'-OLK24'RecsRespol1ò.:3<lo( bhihit "W