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HomeMy WebLinkAboutPorky Park Subdivision No. 1 FP-05-066 BEFORE THE MERIDIAN CITY COUNCIL C/C November 22,2005 IN THE MATTER OF THE ) APPLICATION OF V.J. JOINT ) VENTURE FOR FINAL PLAT) APPROVAL FOR 4 COMMERCIAL ) BUILDING LOTS ON 9.09 ACRES ) IN A C-G AND I-L ZONE LOCATED ) SOUTH OF PINE STREET AND ) EAST OF NORTH EAGLE ROAD IN ) THE NORTH ~ OF THE SOUTH ~ ) OF T. 3N., R. IE., SECTION 9 ) ) ) ) CASE NO. FP-05-066 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 November 22, 2005, 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: November 22, 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 PORKY PARK SUBDIVISION NO.1 LOCATED IN THE NORTH ~ OF THE SOUTH ~ OF T. 3N., R. IE., SECTION 9, BOISE :MERIDIAN, :MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO. 1 / (FP-05~066) Page 10f4 HANDWRITTEN DATE: 08/18/05, SHEET 1 OF 3, CLAIBORN WAITE CONSULTING, LLC", VJ JOINT VENTURE, 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: November 22, 2005, listing 17 SITE SPECIFIC REQUlREI\.1ENTS/FINAL PLAT and 13 GENERAL REQUlREI\.1ENTS, 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 Munger Engineering, Inc., a true and correct copy of which is attached hereto marked exhibit "B" and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Settlers' Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C", and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 22, 2005 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO. 1 / (FP-05-066) Page 2 of 4 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 REGULA TORY 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO. 11 (FP-05-066) Page 3 of 4 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 S 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the 22 nd day of N01cmbev- ,2005. Attest: ByJuA (XlV\. )1 h Q1 M.- ity Clerk's Office Dated: \1..l-05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO. 11 (FP-05-066) Page 4 of4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: November 22, 2005 Transmittal Date: November 17, 2005 TO: Mayor & City Council Sonya Watters, Assistant City Planner J!4t Michael Cole, Development Services Coordinator fV\ c.. FROM: SUBJECT: Porky Park Subdivision No. I Request for Final Plat Approval of Porky Park Subdivision No.1 Consisting of 4 Building Lots on 9.09 Acres in C-G and I-L Zones by VJ Joint Venture (File# FP-05-066). We have reviewed this submittal and offer the following comments and 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, VJ Joint Venture, has applied for final plat approval of the first phase of Porky Park Subdivision. This subdivision consists of 4 building lots on 9.09 acres in C-G and I-L zones. Porky Park Subdivision is located on the southeast corner ofN. Eagle Road and E. Pine Street, in the SW !4 of Section 9, T.3N., RIE. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Porky Park Subdivision No.1 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved rezones (RZ-05-004 & RZ-05w009), conditional use permits (CUP-05-012), and preliminary plat (pP-05-026) for this development. 2. The applicant has not indicated who will own the pressurized irrigation system in this development. During the preliminary plat hearing the applicant received "flexibility" from City Council in regards to the pressure irrigation requirements. Two buildings are already in the process of being built without a pressure irrigation system being installed. Prior to signature on the final plat, surety shall be posted for the construction of a pump station, with the construction of the pump station being completed prior to occupancy of the third building (Jackson's and Country Inn and Suites being the first two). As each lot develops the pressure irrigation system shall be continued, and installed to and through the property. 3. If the pressure irrigation system is to be a private system then prior to a pre-construction meeting a draft copy of the operations and maintenance manual shall be submitted to Public Works with the draft copy being submitted prior to signature on the final plat for the last phase. If the system is to owned and maintained by an irrigation district a letter of plan approval shall be submitted prior to scheduling of a pre-constmction meeting. Exhibit "A" FP-05-066 Porky Park Sub! FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. 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. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 6. Sanitary sewer service to this site is being proposed from existing 6-inch stubs run in during the E. Pine Street road project. Coordinate sewer design with Public Works. The applicant shall execute City of Meridian standard forms of easements for any mains necessary to provide service. 7. Water service to this site will be from main line extensions from existing water mains in Pine A venue. The applicant will be responsible to construct water mains to and through this proposed development. 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. 8. 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 EXInBIT A) and an 81/2" 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. 9. As each lot develops a drainage plan designed by a State ofIdaho 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. Off-site disposal into 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. Revise the plat to show the required 25-foot wide landscape street buffer easement along Pine Avenue and 35-foot wide landscape street buffer easement along N. Eagle Road. The landscaping within this easement shan be owned and maintained by each individual lot owner. All required street buffers shall be located beyond any future right-of-way. 11. All landscape buffers shall be constructed prior to the issuance of individual Certificate of Occupancies within the subdivision. 12. Because direct lot access to Pine Street is restricted, provide a perpetual vehicular cross access easement so Lots 3 & 4, Block 1, have access to the public street system. Said cross access shan be recorded with metes and bounds, and then depicted on the plat with the instrument number referenced, prior to the City Engineer's signature on the plat. 13. Include a description of the 50-ft. easement shown for the Settler's Canal. Exhibit "A" FP-05-066 Porky Park Subl FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 14. The landscape plan, prepared by South Landscape Architecture and dated 11/1/05, shall be revised as follows: a. The landscape buffer along E. Pine Street is required to be 25-ft.; revise plan to show a 25-foot wide landscape buffer along the entire frontage of Pine Street. b. A large cluster of existing trees were shown on the preliminary plat on Lot 4, Block 1. Address if these are going to be retained or removed. If removed, include mitigation information on the plan in accordance with UDCII-3B-lOC.5. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 15. Revise or add the following note(s) on the face of the plat dated 8/18/05, prepared by Claiborne Waite Consulting, prior to signature on the final plat by the City Engineer: (5.) "...in compliance with Title 11 and Title 12 of the Meridian City Code of the City of Meridian's Unified Development Code." (QJ "Other than the access points specifically approved, direct access to Pine Street is prohibited. " 16. Complete the Certificate of Owners. 17. Staff's failure to cite specific ordinance provisions or terms of the approved rezone, conditional use, or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Water system shall be approved and activated, fencing installed, 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 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 determined 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. Exhibit "A" FP-05-066 Porky Park Subl FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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'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. 9. Coordinate fire hydrant placement with the City of Meridian Public Works department. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Porky Park Subdivision No. 1 with the above stated comments and conditions. Exhibit "A" FP-05~066 Porky Park Subl FP.doc PAGE 4 /MUNGER ~ ENGINEERING, INC. November 21, 2005 Sonya Watters City of Meridian 660 W. Watertower Lane, Ste. 202 Meridian. idaho 83642 RE: Porky Park Subdivision Phase I Dear Sonya; I have received and reviewed the comments regarding the Porky Park Subdivision Phase I. POI' ease of review I will address these comments in the order they are stated on your letter. SITE SPECIHe REQUIREMENTS I. Applicant is to meet all terms of the approved rezones (RZ-05-004 & RZ.05-0(9). conditional use permits (CllP-05-012). and preliminary plat (PP-O~-026) for tllis dc\'c1 opmcnt. We shall comp(l' 2. The applicant has not indicated who will own the pressurized irrigation system in this dcvelopment. During the preliminary plat hearing thc applicant rcceivcd "flexibility.' from City Council in regards to the pressure irrigation rcquirements. Two buildings mc already in the process of being built without a pressure irrigation system being inslalled. Prior to signature on the final plat. surety shall be posted for the construction of a pump station. \\lth th..:: constmetion of the pump station being completed prior to occupancy of the third building (Jackson's and Country Inn and Suites being the first two). As each lot develops the pressure irrigation systcm shall bc continued. and installed to and through the property. We shall comp{l'. Rather than specifically call out Jackson's and COllntr)' Inn ami Suites please refer to them a.'i Lot 1 & lot 2. Block 1. 3. [fthe pressure irrigation system is to be a private system then prior to a prc-constructioll meeting a draft copy of the operations and maintcnance manual shall hI! submitted to Public Works with thc draft copy boing submitted prior to signature 011 the lill~lI plat for the last phase. If the system is to owned and maintained by an irrigation district a letter of plan approval shall be submitted prior to schcduling of a prc-collstmction ml.'Cting. Prior to consmu:tion of the PI sJ'stem (In ttpprowl! lelter from Settlers Irrigation Db;frict or a copy oftheO&M Mallu(,l will be submitted. 4090 W. State Street, Suite 290 Boise, Idaho 837030 Phone (208) 426-8314 Fax (208) 426-8319 Exhibit "B" 4. 111e 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 eulh1.1ry water system shall be required. If a single-poiut connection is utilized. th\.' developer shall be responsible for the payment of assessments for the irrigabh: common areas prior to signature all the final plat by the Meridian City Engin~er. We ...hall c()mp/)' 5. All fencing installed on the sib: must be in compliance with UOC I 1.3A.o and 11-~A-7. We sltall comply 6. Sanitary Sl~"Cr service to This site is being proposed from exisTing (i-inch st\lbs rlll1 in during the E. Pine Street road project. Coordinate sewer design with Public Works. The applicant shall execute City of Meridian standard forms of casements for any mains nccessary to provide scrdcc. No Extension.;; are propo!l'ed with tltis (/e1'e/opment 7. Water service [Q this site will be from Ilmin line eXTensions from existing water mains in Pine AVCllllL:. The applicant will be responsible to constmct watcr mains to and through this proposed development. Subdivision designer to coordinate main sizing and rOllting \lith the Public Works Department. Applicant shaH execute City of I\kridian stnndnrd fomls of casements. for any mains that arc required to provide service. No Eweu.'iio11.'; are P"f)po.'ieJ with this d~'e/opmt!m 8. Provide a 20' easement for all public water/sewcr main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted casements on th~ plat. Submit an executed casement (supplied b~ Public Works). a legal description, which must include the area of the casement (marked EXHIBIT A) and an 81/2"' x II" map with bearings and distances (marked EX( ImtT 0) for rc, ic,\. Both exhibits must bc scaled. signed and dated by 11 ProtesslOnal land Surveyor. DO NOT RECORD. Add a note to the plat referencing: this document. No Extensions are propo.~'ed witlt this del'e/opmeJlt 9. As each lot develops a drainage plan dcsigncd by a State of Idaho Iicl.:nsed architect or eng.ineer is required and shall be submitted to the City Engincer (Ord. 557. JO~ 1.9 I) t<Jr all off-street parking an~as. Stonn wmcr Ireatmcllt and disposal shall be dcsig.n.::d in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City or Meridian standards and policies. Off-site disposal into surfuec watl:r is prohibitcd unkss the jurisdiction which has authority o\'er the receiving stream prO\'idcs written authorization prior to dcvelopment plan approval. Thc applicant is rcsponsibh.: for Ii ling. all necessary applications with the ldnho Dcparnn~nt of Water Resources regmding Shallow Injection Wells. JJle .'ilwll comp(I' 4090 W. State Street, Suite 29 ~ Boise; Idaho 83703 <> Phone (208) 426-8314 Fax (208) 426-8319 I~xhibil OU" J O. Revise the plat to show the required 25-foot wide landscape street buffer casement along Pine An:nue and 35-foot wide landscape street buffcr casemcnt along N. E~glc Road. Th~ landscaping within this casement shall be owned and maintained by each indhidllal lot O\\11er. All required street buffers shall be located beyond any future right.of-way. 1.1lIul~'(.wpe eaWtmmfs will be added to tlte p/uf. II. All landscape buffers shall be constructed prior to the issuance of individual Certificate ofOcclIpancics within the subdivision. Each lumlst.:(fpe buffer shall be constructed prior to the i.<JSlIfim.:e of imfjJ'idlwl cert!ficate.... 12. Because direct lot access to Pine Street is restricted, provide a perpetual vehicular cross access casement so Lots 3 & 4, Block I. haw access to the public stred systum. Said cross access shall be recorded \\ ith mctL'S and bounds. and lhen d~picled on thu pkll with the instrument Ilumber n:ferenccd. prior 10 the Cit~ Ellgillwwr"s signalun; UIl thl; pIal 'lie ew.emel1t will be c:recued wltl.~'/lOwn on the plllt 13. Include a description of the 50-ft. casement shown for the Settler"s CallaL The eusement will he describetl on tire pIll! 14. ThL; landscape piau, prepar.;d b~ Soulh Laudseape Archit"::Clur..: and dated 11/1/05. skill be revised as follows: <1. The landscape buffer along E. Pinu Street is reqUIred to bl; 25-tL n::\'ise plan t~l show a 2;-tOot wide landscape butter along the entire frontage of [tlllC Street. b. A large duskr of exisling trees \\ere sho\\11 on the pn:Jimillary pl;l! on l.ol ..L Block I. Address If Ihesl.: arc gomg Iv be n::tainl;d or rI.:IHo\.ed. If rC!llOH;u. include mitigation i nfomlatiol1 on the plan in accordance with U DC I t -3 B-1 Or.5. Submit 3 copies C?f" lhe revised luncJ.H.:ape plan 10 the Planning Department prIOr to siHnalllJ"(' on ,h,'. tinal ,,/m hy ,/1e ( 'if)' A'ngiJ1eL'J" l.am/scape em.ements wilt he added to the p/tII. I:; Rc\'i!':c or add (he fu II 0\\ ing note(s) 011 th..: fhc..: of the ph" d~ltL.:d 8/1l(1O:'i. prepared by Claiborne Waite Consulting. prior to signature on the final plat by the City Enginllcr: (:;.) ". .in comp J ianer "if h Title 11"an&:rille--~t:t1~~lcridian (:tIT*'od~ 9fJIw. (jt~ of Meridian's Unified Develooment Code." (Q..,) "OthQ!:...db:")!1 the access ll.QiI).t~~pccific.1lli':'1WJlr.Q.Y.Gd...Qir.ccti!~Ce_~~U9 .P'il1~___S.trccL!~ grah ibitcd:' We shall comp{I' f () C ompletc the C crrificatc of 0\\ llers We shalll.'ompb' 4090 W. State Street, Suite 29 <> Boise, Idaho 83703 <> Phone (208) 426-8314 Fax (208) 426-8319 E~hibil "BOO 17. Staffs failure to cite specific ordinance provisions or terms of the approvcd rczonc. conditional use. or preliminary plat docs not relieve the Applicant of responsibility for compliance. Notet! Thank YOll for your time and consideration on this matter. please do not hesitate to contact Matt Munger or me if you havc any qucstions. Sincerely. earn Duskcy Prqjcct Coordinator 4090 W. State Street, Suite 290 Boise, Idaho 837030 Phone (208) 426-8314 Fax (208) 426-8319 Exhibit loll" SE'TTLERS' IRRIGATION DISTRICT P.O. BOX 7571 · PHONE. 344-2471 BOISE, IDAHO 83707-1571 FAX: 343-1642 '. November 10, 2005 Matt Munger Munger Engineering 4090 W. State Street, Suite 29 Boise, ill 83703 Re: FP 05~066 & FP 05-067 Porky Park Subdivision Nos. 1&2. Dear Matt: After review of the Final Plat of the above-mentioned applications Settlers Irrigation District requests the following: :..GOPV' . ....j I. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers Canal (50 'easement) that must be'tiled, Contact SID for additional 'requirements. 2. A Land Use Change Application must be on file prior to any approvals. <t A license agreement MUST be'signed and reCorded prior to construction of any SID facilities, or within its easements, 4. Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Boa'rd of Directors. 5. All storm drainage must be retained'on-site. 6. The development must supply pressure irrigation access to all lots within the above:.- mentioned subdivision from the qurrent delivery point. lfthe developer wishes to have SID own, operate, and maintain the pressure irrigation system an<agreement must be in place prior to the prewconstruction meeting. If you ~ave any~ti<e'~tions:please call 313~5271. Nathan Draper, Manager. 'Settlers Irrigation District Enclosures Cc: .:?it)r ofM~~~ian< PI~~ing Dep~ent (w/oenclosures) Exhibit "COO