Loading...
HomeMy WebLinkAboutSTATEMENT OF COMPLIANCE V1E IDI� 11 APPROVED DA EI 12/29/21 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 6 BUILDING LOTS ON 43.87 ACRES OF LAND IN THE I-L ZONING DISTRICT FOR CHEWIE SUBDIVISION. BY: Adler AB Owner XI, LLC APPLICANT HEARING DATE: SEPTEMBER 14, 2021 ORDER APPROVAL DATE: SEPTEMBER 28, 2021 CASE NO. FP-2021-0036 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on September 14, 2021 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: 1. The Final Plat of "PLAT SHOWING CHEWIE SUBDIVISION, LOCATED IN THE S 1/2 OF SECTION 11, TOWNSHIP 3N, RANGE I W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: March 29, 2021, by Steven C. Wellington, PLS, SHEET 1 OF 5," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (CHEWIE SUBDIVISION — FILE #FP-2021-0036) Page 1 of 3 n E IDI� 11 APPROVED DA EI 12/29/21 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 14, 2021, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, Applicant Representative, a true and correct copy of which is attached hereto marked "Exhibit B" 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: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off -site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off -site and required on -site improvements. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (CHEWIE SUBDIVISION — FILE #FP-2021-0036) Page 2 of 3 n APPROVED DA EI 12/29/21 ase 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 pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the September 2021. Attest: Ciris Johnson ' 9-28-Q21 City Clerk � 28th day of By: r� Robert E. Sirmson Mayor, 9-28-2021 City of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. . l By: Dated: 9-28-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (CHEWIE SUBDIVISION — FILE #FP-2021-0036) Page 3 of 3 �E IDIAN> APPROVED DATE: 12/29/21 FILE NUMBER: FPS- 021a050 EXHIBIT A REPORT DEVELOPMENT DEPARTMENT HEARING 9/14/2021 DATE: TO: Mayor & City Council FROM: Joseph Dodson, Associate Planner 208-884-5533 SUBJECT: FP-2021-0036 Chewie Subdivision LOCATION: The site is located on the north side of W. Franklin Road; midway between N. Ten Mile Road and N. Linder Road, in the S '/z of Section 11, Township 3N., Range 1W. C � f1E R IDIAN I. PROJECT DESCRIPTION Final plat consisting of six (6) industrial lots on 43.87 acres of land in the I-L zoning district. II. APPLICANT INFORMATION A. Applicant/Owner: Adler AB Owner XI, LLC — 865 W. Emerald, Suite 200, Boise, ID 83704 B. Representative: Kent Brown, Kent Brown Planning — 3161 Springwood Drive, Boise, ID 83712 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. The submitted plat includes the same number of buildable lots as approved with the preliminary plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 1 n APPROVED DAT 12/29/21 : j %U61BLRFPS 22vaosa iminary Plat (date: 11/13/2020) KI- N DnT20- a waa.xz' =I s 4n I vi i i im z ➢a N o'3239' f 35e1 'a I -- z Li 451 9L wIO N� bT ,bb I I mj u I N I 0322t w n5,]I' : IM IN -_ - Page 2 J 2 m m cn C W C O Z APPROVED inal Plat (date: 3/29/2021) DAT 12/29/21 SCE 9U61B: R'FPS -zazvaosa N 7EN Md.E R0A0 d.- a l I r o ___--_-- N CW20' E 1496.29' i k! I 1 Is n. III II- I --- -- l i s SIN I 50.]'S3"W 3IF b' Is O a I, sa7c'arw aia 3o L II. — —Z - b v i N Imi � �I I own= 5 03$'2S W 3]8.29' a� I SDI I I • w6 j N 032'S9' E 356.If' f1I�0��X � f N b NARK AYINLF z - C. Q_Y D33�'3S9' f� 0� i I S 032'21' W 775.71' W!� I �Li PRO f fa v ! 1• F W o ^� IN N y'ONa 3r,�y unP�„ itu C wYN Al. LWM ROADssa n n D cQ Zz U "'G-)OZ Page 3 E IDI� Il APPROVED DAT 12/29/21 : j %U61BLRFPS 22vaosa 7 -, I I �Ig II I � a�,•>s• 6 �r 11 BFNCHMARX A 4-hY,ti F i I -T- om<'a o I r a - 4N -4 — og M m3za o� Qo s G M. g A F= - 1 s C3221' w 7r5J1- � I I I I -L----------------_- , --------------- � I rtorfs I o g I ta_s,,�l- 1 4 7V ���� m I� I � s ,�' $III, I o❑ 4mmu`�a� P I I o� L- - - - - - - - - - / v Z7 r �ZZO �0az Page 4 0 m rTl Ln C m 0 S Ln 0 z n E IDI� 11 APPROVED --_ + T_--_—__—__—__—__—_ -� I 16 I III I I II I I I I I II i6 i I III I 5 O'09'66" W 3J6 ]2' II f � I a�II h O INN II I I sco• � I I I ZV x K a m Ko � I y ZE ,I m I w II o 'I c I W III IIII I s I LA II� 6 - ji_ Z _ T i II I � i II I I I I I I I I II i I I I I --------.LJ I `J 5 O'35'23" W 3]8.29' -,__ _________________________________________ ___1___ Page 5 M J s n APPROVED DAT 12/29/21 : j %U61BLRFPS 22vaosa m. 0 e Plans (date: 12/2/2020) MR III CHEWIE SUBDIVISION FRANKLIN ROAD MERIDIAN, IDAHO OVERALL LANDSCAPE PLAN Page 6 9 13 BRECKON m n APPROVED )N T E. 12/29/21 'I'.E FPS -2021L0050 _1f Lo WEST FREE SMITH STREET __ I 0 _ min J FRANKDN ROAD /TiLANDSCAPE PLAN - AREA ONE e lTiLANDSCAPE PLAN - AREA TWO e z O z a w �o=a °¢E)z UPJ Q J Y — a w Z m W W =LL�U LANDSCAPE LANDSCAPE LEGEND U O REQUIREMENTS J �10 CALLOUT LEGENDIEEE L1.1 Eo SMITH STREST — — r b �sr= KEY MAP Page 7 z w o4oa so¢, mz a N Y a d wZ�w =LL�U U p LANDSCAPE REQUIREMENTS LANDSCAPE LEGEND Z O i CALLOUT LEGEND a r u.z Page 147 E IDI� 11 APPROVED )NTEI 12/29/21 IJ`IU61B:R'FPs-zazvaosa /TiLANDSCAPE PLAN - AREA TRREE e &,LIJDSCAPE PLAN - AREA FOUR e Page 8 w W 2 Z � 0o=4 0 MC) ' M,za U)yQa w Z � Q�W Q w d =LL�U U LANDSCAPE LANDSCAPE LEGEND o REQUIREMENTS �"�( Z 4 CAI I OUT LEGEND IEEE L1.3 O Z" >p<< 0] LoJZI Loy <I "0w 7t Q�d w¢wQ SLL�U LANUSCAPE LANDSCAPE LEGEND U c REQUIREMENTS 7�� _ J 3'1 CALLOUT LEGEND 8 ,W L1.4 Page 148 (E IDI� I.�1\ APPROVED VAGENCY COMMENTS & CONDITIONS DATE 12/29/21 lanning Division FU NWAKR: FPs-2o2iaoso ite Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2020-0120 PP ; A-2020-0194 (CZC/DES); A-2020-0188 (PBA). DONE TO MY OWLEDGE 2. The applicant shall obtain the City Engineer's signature on the final plat by March 23, 2023, within two (2) years of the date of approval of the preliminary plat (March 23, 2021), in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. N/A 3. Prior to submittal for the City Engineer's signature, have f *ffe of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B, prepared by Land Solutions, stamped on 03/29/21 by Steven C. Wellington, is approved with the following conditions: SEE PLAN a. Note #7: Revise to state the landscape easement is required on both the north and the south side of W. Fred Smith Street, and depict said easement on the plat; b. Add the instrument numbers for easement notes 8-10, as shown on Sheet 3 of 5. c. Note #6: Revise to say West Franklin Road instead of East Franklin Road; also include the City of Meridian. d. Revise Note #10 to note a cross -access easement and maintenance agreement since no private street has been applied for OR apply for Private Street approval prior to final plat signature. Prior to City Engineer signature on this final plat, revise the landscapuftw NOWAPE V.C, prepared by Breckon Land Design, dated 12/02/21, as follows: PLAN a. Show the required 20-foot landscape buffer along the north side of the extended collector street (W. Fred Smith Street). b. Show the existing access points from Lots 3 & 4, Block 1 to Franklin Road to be closed as required with the preliminary plat. c. Remove the landscaping shown adjacent to the Morrow property along W. Fred Smith Street as it is not part of the plat and will not be installed. 6. Prior to City Engineer signature on the final plat, the applicant shall provide the recorded cross -access and maintenance agreement with West Ada School District (WASD) and Republic Services to allow these agencies to utilize the private driveway across Lot 2, Block 1 to access W. Fred Smith Street. SEE EXHIBIT 6 Prior to City Engineer signature on the final plat, provide planning staff with proof of a cross - access easement between Lot 4, Block 1 and the Morrow property and show/note said easement on the plat. CITY AND DEVELOPER HAVE WORKED THIS OUT 8. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approval for all future structures within the subdivision, where applicable, prior to applying for building permits on each site. UNDERSTOOD 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. UNDERSTOOD Page 9 Page 149 (E IDI� I.�1\ APPROVED PUBLIC WORKS LOAM 12/29/21 CIFIC CONDITIONS: FPs-zoz,aoso o permanent structures including but not limited to trees, bushes, fences, buildings, etc. shall be allowed in any City utility easement. It appears there are multiple spots where trees and shrubs are in conflict with the utility easements, these must be removed. DONE WITH PLAN APPROVAL 2. The applicant shall provide geotechnical or soils information to be reviewed prior to signature of the final plat. DONE WITH PLAN APPROVAL GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if coverrfrom top of pipe to sub -grade is less than three feet than alternate materials shall be used '�' Ocftffff AAN A19�&Mr Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains dadjacent to the development. The applicant shall be responsible to install wateDNnE's WITH PLAAP>RVVALment, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. ALL IMPROVEMENTS COMPLETED 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provi*Awritten certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. NNOENCING OR LANDSCAPING P UIRF�p 6. The City of Meri ian requires that the owner post with the i a pe ormance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. ALL IMPROVEMENTS ARE COMPLETE 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211.WARRANTY SURETY IS IN PLACE 8. In the event that an applicant and/or owner cannot complete non -life, non -safety and non -health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. ALL IMPROVEMENTS ARE INSTALLED Page 10 Page 150 (E IDI� I.�1\ APPROVED pplicant shall be required to pay Public Works development plan review, and construction DATE: 12/29/21 spection fees, as determined during the plan review process, prior to the issuance of a plan FUNLW6ER,, ',.o21. [pproval letter. DONE WITH PLAN APPROVAL Tt shall be the responsibility of the applicant to ensure that all Y'r8sms comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. DONE WITH PLAN APPROVAL 12. Developer shall coordinate N?f tWfL itVbe Wt % POST OFFICE 13. All grading of the site shall be petf6R-d*ff"Ng XX ,h KV V A l -4B. 14. Compaction test results shall be submitted to the Meridian Building Departrij6 all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevatiorj,6W % W&& hepl�oXjm elevation of the crawl spaces of homes is at least 1-foot above. SUBMITTAL 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. DONE 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certifK&W4ff M*fbr&ANVUM%UED 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_ works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportatiffd"i4 VVVor at 898-5500 for information on the locations of existing street lighting. APPROVAL 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. WATER AND SEWER EASEMENTS SUBMITTED 20. Applicant shall be responsible for application and compliance with and NPDES� permitting that may be required by the Environmental Protection Agency. DONE WITH PLAN APPROVAL 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in Page 11 Page 151 APPROVED e development, and if so, how they will continue to be used, or provide record of their DAT 12/29/21 Jection andonment. DONE WITH PLAN APPROVAL _E,utJa_e:FP�zoz,-0osony existing septic systems within this project shall be removed from service per City Ordinance 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. N/A NO SEPTIC SYSTEMS WERE ON SITE 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. DONE WITH PLAN APPROVAL 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. DONE WITH PLAN APPROVAL Page 12 Page 152 E IDI� N- �J n APPROVED kent brown <kentlkb@gmail.com> )A:P 12/29/21 Tuesday, September 7, 2021 3:43 PM SCE `IU6IBER'FPs-zazvaosa Joseph Dodson c: Brad Miller; Adrienne Weatherly; Bill Nary; Charlene Way; Chris Johnson; Kurt Starman; Ted Baird; Bill Parsons Subject: Re: Revised Final Plat External Sender - Please use caution with links or attachments. The Developer has reviewed the conditions of approval and are in agreement and will can comply Kent Brown On Tue, Sep 7, 2021 at 10:37 AM Joseph Dodson <idodson@meridiancity.org> wrote: Hello, Attached is a REVISED staff report for the final plat for Chewie Subdivision. This item is scheduled to be on the consent agenda at the City Council work session on September 14, 2021. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. Please submit a written response to the staff report to the City Clerk's office (cityclerk@meridiancity.org) and me as soon as possible. IF you are not in agreement with the staff report, the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thank you, Joseph Dodson I Current Associate Planner City of Meridian I Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.SS33 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, Page 153