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HomeMy WebLinkAboutDorado Subdivision FP-05-057 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF KIMBALL PROPERTIES, LLC FOR FINAL PLAT APPROVAL OF 16 COi\fMERCIAL BUILDING LOTS ON 10.9 ACRES IN A C-G ZONE LOCATED ON TH ENORTHWEST CORNER OF SOUTH EAGLE ROAD AND EAST OVERLAND ROAD IN THE SE % OF THE SE 1,;,j OF T. 3N., R.1E., SECTION 17 C/C September 27,2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-057 ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT IDlp"l'] L:- r~' ~'_. r7 ~ r r: This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on September 27, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Plmmer for the Plarming and Zoning Depmtment, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27,2005, 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 DORADO SUBDIVISION LOCATED IN THE SE l,;,j OF THE SE I;.j OF T. 3N., R, IE., SECTION 17, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 09/15/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DORADO SUBDIVISION I (FP-05-057) Page lof3 SHEET 1 OF 2, STANLEY CONSULTANTS", KIMBALL PROPERTIES, 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 Plam1ing and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 27,2005, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL 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 Jonathan Seel, 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 response letter from Stanley Consultants, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, 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 AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DORADO SUBDIVISION / (FP-05-057) 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 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 9 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 28 days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. tL1+Pv By action of the City Council at its regular meeting held on the day of ~ e-p!&mJwv ,2005, Attest: By: ShMM~~ Dated: 10 - /.3 ~tJ5'" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DORADO SUBDIVISION / (PP-OS-057) Page 3 of3 CITY OF MERIDIAN PLANNING AND PllBL1C WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: September 27,2005 Transmittal Date: September 23,2005 cJvG~;dla:n ID.\HO SUBJECT: Mayor & City Council Sonya Watters, Assistant City Planner $v Michael Cole, Development Services Coordinator fY\ C Dorado Subdivision TO: FROM: Request for a Final Plat Approval of Dorado Subdivision Consisting of 16 Commercial Building Lots on 10,9 Acres in a CoG Zone by Kimball Properties, LLC (File# FP-05-057) We have reviewed this submittal and offer the following comments as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Kimball Properties, LLC, has applied for final plat approval of Dorado Subdivision. This subdivision consists of 16 commercial building lots on 10.9 acres in an C-G zone. This subdivision is located on the north-west corner of S. Eagle Road and E. Overland Road, in the SE 1/4 of Section 17, T.3N., R.IB. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Dorado Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-05-0 19), preliminary plat (PP-05- 024), conditional use permit/planned development (CUP-05-031) and development agreement (Inst. No, 105127512), 2. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. Evidence of a License Agreement with Nampa and Meridian Irrigation District shall be submitted prior to a pre-construction meeting. 3. 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 utilized, 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. 4. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Temporary construction fencing to contain debris shall be installed along the boundaries of this subdivision prior to issuance of building permits. Exhibit "A" FP-05-057 Dorado Sub FP.doc PAGEl CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5, Sanitary sewer service and municipal water to this site shall be via extensions from Overland Road. Applicant will be responsible to 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 forms of easements, for any mains that are required to provide service. 6. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8112" x II" 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. 7. The landscape plan, prepared by The Land Group and dated 8/17/05, shall be revised as follows: a. Correct the calculations table to accurately reflect the dimensions as shown on the plat along with the required and provided number of trees according to the revised dimensions. b. Prior to signature on the final plat, get approval for two amenities from the Planning Director that are suitable to the size, scale, and character of the proposed project. Reflect the two amenities on the landscape plan. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 8. Revise or add the following notes on the face of the plat dated 9/15/05, prepared by Stanley Consu I tants: (2,) Replace with the following note, "A perpetual vehicular cross access easement is hereby dedicated to all lots within this subdivision," (7.) "The Durango Dorado lot owner's association...." (* ,) Add a note that cross-references the instrument number for the City's sewer and water easements. (*.) Add a note dedicating an Irrigation easement on the perimeter of the development sufficient in size to accommodate the pressurized irrigation system, Submit 3 copies of the revised plat to the Planning Department prior to signature on the final plat by the City Engineer, 9. As each lot develops, 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 and improved roadways. 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. 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. 10. Graphically depict the "Real Point of Beginning" on the face of the plat. Exhibit "A" FP-05-057 Dorado Sub FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 1 t. On the southern boundary of this development the sum of the lot dimensions does not equal the overall distance shown on the plat. Please confirm this information and make the necessary adjustments to correct this. 12, All future buildings on Lots 1, 2, 4, 16, and 17 shall require approval of a detailed conditional use permit prior to submittal of any Certificate of Zoning Compliance application and/or building permit. If the property within Overland Way Subdivision adjoining these lots to the north and west ceases to be used for residential purposes, this requirement shall be waived. 13. All areas approved as open space shall be free of wet ponds or other such nuisances. All storm water 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 storm water 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. 14. Complete the Certificate of Owners. 15. 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 MCC 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, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 16. The easement being depicted on the plat suggests that the large ditch being rerouted with this development as being a Nampa and Meridian Irrigation District facility. However it has been indicated to staff that it may be owned and maintained by a user's lateral association. The applicant shall submit documentation proving ownership, and approval of the rerouting prior to signature on the fioal plat. 17. The pump house to be constructed on Lot 3, Block 1 shall be located outside of the 5-fL landscape buffer easement along the northern property boundary. 18. All required landscape buffer easements must be shown on the plat. 19, All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Surety may be provided for required perimeter landscaping on Lots I, 2, 3,4, 16, & 17. 20. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP-05-057 Dorado Sub FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT GENERAL REQUIREMENTS 1. 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. 2. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 3. 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. 4. 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. 5. All grading of the site shall be preformed in conformance with Mec 11-12-3H. 6. 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. 7. 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. 8. Coordinate fire hydrant placement with the city of Meridian Public Works department. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10, Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the propelty shall be replaced by install ing 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. ST AFF RECOMMENDATION Staff recommends approval of the final plat for Dorado Subdivision with the above stated comments and conditions. Exhibit "A" FP.05-057 Dorado Sub FP.doc PAGE 4 Sonya Watters From: Jonathan Seel Q.seel@worldnet.att.net] Sent: Tuesday, September 27, 2005 2:17 PM To: Sonya Watters Cc: Steve Arnold Subject: Final Plat Approval for Dorado Sub Sonya: We have reviewed the site specinc conditions ior the Dorado Subdivision Final Plat and are in agreement with all conditions contained within the staff report. Thank you for your assistance in this matter. Jonathan Seel 9127/2005 Exhibil "13" ~. Stanley Consultants INC. A SII>li<'1 G'oop (cm;l/r.t ({\}OO!li-':j f:rIiICII-":>\:l\',,! oM (OO\\I~:1.ilO ~"iCe'i . \,/o,'QMce Stpttmber 22, 2005 Sonya Watters, Planner II ~1cddian lllanning and 70ning 660 E Watcrtowcr, Suite 202 \1t:ridian.ld 81642 Dear Sonya: Subject: Dorado Subdivision, Altclnative Landscape Compliance As requested 1 am providing a written request lor a1tcmalivc compliance to the landscapmg along Eagle Road, which is proposcd to be less than thatlequired by the Landscap\ng Requin..'"ffients ]. 1 he ordinance that is proposed to be modified is 12-13-10-4: which requires a 35-foot buner along the entitc Eagle Road hontage "1 he applicant is meeting 01 exceeding the J equiled buffet excepllllong 1.he right-in only driveway 2 As allowed by 12-13-18-2 which discusses agency design consideratIons, the design of the right- in only driveway will be within t11~ 15-luot wid\': lcquircd lands-cape but'fel and Icd11Cing the total landscaping. only where the righi-in drive is, down flom 35-feel to 20 and 25-fcCl ~ The tolal trees rcqullcd by City Code me 89 Due to the driveway constraint along bugle Road, we are proposing a total of 98~trees instead of the required 89 a~ altemative compliance The applicant has submitted a detailed Inmlscape plan illustrating the proposed landscaping and thc altcmative compliance along Eagle Road Please let me know if you requiTc additional inf'ormation for plocessing the final plat. Sincerely, Sl"nleYcon'Ul~ ~ Steve Arnold Plojecl PJincipu[ ...~. _ . ~" L'_ 1940 South Bonito Way. Suite 140. Meridian, l\) 83642 . phone 208 2&\ 0573 . lax 208 288 0574 \WIW~lanleyconsullant5 com Exhibil "C"