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HomeMy WebLinkAboutDevon Park Subdivision No. 3 FP-06-015 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF FAIRVIEW LAKES, LLC FOR FINAL PLAT APPROVAL OF 16 BUILDING LOTS AND 1 COMMON LOT ON 3.26 ACRES IN C-G AND R-40 ZONES LOCATED AT 1875 NORTH LAKES PLACE IN A RESUBDIVISION OF LOT 3, BLOCK 1 OF DEVON PARK SUBDIVISION NO.2, AND A PORTION OF LOT 2, BLOCK 1 OF DEVON PARK SUBDIVISION NO.1 LOCATED IN A PORTION OF THE SW~OFTHESE ~OFT.3N.,R. IE., SECTION 6 C/C April 4, 2006 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-06-015 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on April 4, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works . Department, dated: Hearing Date: April 4, 2006, 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 DEVON PARK SUBDIVISION NO.3 / (FP-O6-015) Page 1 of 4 1. The Final Plat of "PLAT SHOWING DEVON PARK SUBDIVISION NO.3 IN A RESUBDIVISION OF LOT 3, BLOCK 1 OF DEVON PARK SUBDIVISION NO.2 AND A PORTION OF LOT 2, BLOCK 1 OF DEVON PARK SUBDIVISION NO.1 LOCATED IN A PORTION OF THE SW ~ OF THE SE ~ OF T. 3N., R. IE., SECTION 6, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 03/10106, SHEET 1 OF 2, ANDERSON SURVEY GROUP, INe", FAIRVIEW LAKES, 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 Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April 4, 2006, listing 15 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 12 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 response letter from Tamura & Associates, PLLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 4, 2006 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION NO. 31 (FP-O6-015) Page 2 of 4 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-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 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 andlor 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION NO.3 1 (FP-O6-015) Page 3 of 4 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 ~\i-.. day of --.ApiJ ,2006. Attest: ~~ Copy served upon: Dated:~OLO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DEVON PARK SUBDIVISION NO.3 1 (FP-O6-0 15) Page 4 of 4 STAFF REPORT: CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT olferldi~\ \~"" ,).\H() /1 ~*",-.,,("' -"'t'!":,,,................ \'-"'~~~,("'" ' ------"- 1"1 Hearing Date: April 4, 2006 Transmittal Date: March 28, 2006 TO: Mayor & City Council Sonya Watters, Assistant City Planner ~ Michael Cole, Development Services Coordinator fY\ c. FROM: SUBJECT: Devon Park Subdivision No.3 Request for Final Plat Approval of Devon Park Subdivision No.3 Consisting of 16 Commercial Building Lots and 1 Common/other Lot on 3.26 Acres in the C-G and R-40 Zoning Districts by Pairview Lakes, LLC. (File# FP-06-015). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, UlÙess expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Fairview Lakes, LLC, has applied for final plat approval of Devon Park Subdivision No.3 which consists of 16 commercial (office) building lots and 1 common/other lot on 3.26 acres in the C-G and R-40 zoning districts. Office use in the R-40 zone was approved under conditional use permit CUP-03-014. Devon Park Subdivision is located on the north side of E. Fairview Avenue, midway between N. Meridian Road and N. Locust Grove Road, in the South Y2 of Section 6, T.3N., RIB.. This property is a re-subdivision of Lot 3, Block 1, Devon Park Subdivision No.2. The submitted final plat substantially complies with the approved preliminary plat. Staffrecommends approval of Devon Park Subdivision No.3 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all tenns of the approved preliminary plat (PP-05-018) and conditional use permits (CUP-03-014 & CUP-05-023). 2. The applicant has indicated Nampa and Meridian Irrigation District will own the pressurized iITigations system in this proposed development. Since it is to be owned and operated by an Irrigation District then a letter of plan approval shall be submitted prior to the scheduling of a pre- construction meeting. 3. The City of Meridian requires that pressurized iITigation 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 iITigable common areas prior to signature on the final plat by the Meridian City Engineer. Exhibit "A" FP-O6-015 Devon Park Sub3 FP.doc PAGEl CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 5. Sanitary sewer service to this site is being proposed via extension of mains in N. Lakes Place installed in earlier phases of this development. The applicant shall install all sewer mains necessary to serve this development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 6. Water service is being proposed to this development via extension of mains in N. Lakes Place installed in earlier phases of this development. The applicant will be responsible to construct all water mains necessary to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 7. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). This may be done as a separate document on the City of Meridian's standard fonns or dedicated via the plat. 8. Graphically depict an iITigation easement on the face of the plat where the pressurized irrigation mains are not protected by back lot line easements. 9. The applicant shall comply with the Idaho Department of Environmental Quality Catalog of Stonnwater Best Management Practice's for Cities and Counties requirement of 20-feet of separation between infiltration trenches and building foundations. 10. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape iITigation. 11. 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 UDC 11- 3B-11 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 UDC 11-3B- 11. 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 stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, 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. 12. The landscape plan, prepared by Tamura & Associates and dated 2/14/06, is approved as submitted. 13. Revise or add the following note(s) on the face of the plat dated 3/10/06, prepared by Anderson Survey Group., prior to signature on the final plat by the City Engineer: (10.) ". . . approved conditional use permit~, file No.~ CUP-03-014 & CUP-05-023." 14. Complete the Certificate of Owners and accompanying acknowledgement. 15. Staffs failure to cite specific ordinance provisions or tenus of the approved preliminary plat or Exhibit "A" FP-O6-0 15 Devon Park Sub3 FP .doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT conditional use permits does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro.paths, pressurized iITigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. 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 fma1 plat per Resolution 02-374. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B- 7 A. In the event that the development of the preliminary plat is made in successive phases in an orderly and Exhibit "A" FP-O6-015 Devon Park Sub3 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT reasonable manner, and confonns substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B- 7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Devon Park Subdivision No.3 (FP-06-015) with the above stated comments and conditions. Exhibit "A" FP-O6-015 Devon Park Sub3 FP.doc PAGE 4 March 28, 2006 ----""-- '--- Ms. Sonya W à1ters:~ City of Meridian Plannin~~Zoning 660 E. Watertower Lane, Suite-2Q2 -----'- Meridian, Idaho 83642 - -'-..~ ----------. '--~-- ~R:E--:-----Fairview Lakes . -- Devon Park No.3 Final Plat (FP-06-015) -Meridian, Idaho .-.,---->-'-"'--' -~- ~ Dear Sonya, .--' - -,,- In regards top~Ýon Park No.3 Final Plat (FP-06-015) I concur with staffs findings of fact anciS:.9_ndusions of law and agree to Site Specific Requirements I thru 15 and ~QeRera(Requirements 1 thru 12. I will not be attending the hearing on April the 4th, if you need any additional information in regards to this application please contact me at cell: (208) 721-2151 or email: dougtamura@rmci.net. Thank you for your consideration. ., Y °}l.rs tYIlÿ: / 'f \..1 {j,1 fJJ1 í{l,,¿.ci.'" ob\<g'1ih1Ura Tamura & Associ a tes, PLLC 499 Main Street Boise, 1083702 (208) 343-2931 Exhibit "fi"