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HomeMy WebLinkAboutNewtons Nook Subdivision FP-05-068 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PENNWOOD III, LLC FOR FINAL PLAT APPROVAL OF 4 OFFICE LOTS AND 1 COMMON LOT ON 1.74 ACRES IN AN L-O ZONE LOCATED SOUTH OF FRANKLIN ROAD AND WEST OF MERIDIAN ROAD; A REPLAT OF LOT 10, BLOCK 1 OF TROUTNERP ARK SUBDIVISION WITHIN THE NE y.t OF T. 3N., R. lW., SECTION 13 C/C December 6, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-068 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 December 6, 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: December 6, 2005, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING NEWTON'S NOOK SUBDIVISION A REPLA T OF LOT 10, BLOCK 1 OF TROUTNER P ARK SUBDIVISION WITHIN THE NE 14 OF T. 3N., R. 1 W., SECTION 13, BOISE MERIDIAN, MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP-05~068) Page 1 of4 ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 09/14/05, SHEET I OF 3, TREASURE VALLEY ENGINEERS, INC", PENNWOOD III, 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: December 6, 2005, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14GENERALREQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 3 pages, and by this reference incorporated herein, and the response letter from Pennwood HI, 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 ofthe Council taken at their December 6,2005 meeting as follows, to-wit: 1. I 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 sewage and central water; that run-offis 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP-05-068) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater 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. 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 S 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP-05-068) Page 3 of4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis 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 Lo +h day of DL~(mbvY- , 2005. Attest By: 2hCV\ ('(\~V\;\:\t\. City Clerk's Office 17,-:1/ -oS Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NEWTON'S NOOK SUBDIVISION / (FP-05-068) Page 4 of4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT FROM: Mayor & City Council Sonya Watters, Assistant City Planner ~ Michael Cole, Development Services Coordinator (V\ C STAFF REPORT: Hearing Date: December 6, 2005 Transmittal Date: December 2, 2005 TO: SUBJECT: Newton's Nook Subdivision Request for Final Plat Approval of Newton's Nook Subdivision Consisting of 4 Building Lots and I Common Lot on 1.74 Acres in an L-O Zone by Pennwood III, LLC (File# FP-05-068) 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, Pennwood III, LLC, has applied for Final Plat approval of 4 building lots and 1 common lot on 1.74 acres in an L-O zone for Newton's nook Subdivision. This subdivision was preliminary platted as Woodpenn Subdivision and is a re-plat of Lot 10, Block 1, Troutner Park Subdivision. Newton's Nook Subdivision is located at 429 S.W. 5th Avenue nearthe comer ofS.W. 5th Avenue and W. Pennwood Street, approximately one quarter-mile south of Franklin Road and one-quarter mile west of Meridian Road, in Section 13, Township 3 North, Range I West, 8.M., Ada County, Idaho. A Conditional Use Permit was approved for the proposed subdivision which allowed for a reduction to the minimum requirement for lot frontage on a public road from 50 feet to 0 feet for Lots 4 and 5. The two amenities required as part of the planned development consist of a picnic table at the west end of the parking lot and a landscaped open space area (CUP-05-030). The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Newton's Nook Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS J. Applicant is to meet all terms of the approved Preliminary Plat (PP-05-022) and Conditional Use Permit (CUP-05-030) for this development. 2. 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. 3. On the face of the plat include the instrument number for the City of Meridian waterline easement. Exhibit "A" FP-05-068 Newton's Nook Subdivision FP.doc PAGE I 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.k. Temporary construction fencing to contain debris shall be installed around the perimeter of the subdivision prior to issuance of building permits. 5. 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. 6. Include the instrument number on the face of the plat for the waterline easement located on Lot 2, Block 1. 7. Show on the face of the final plat the lO-foot wide landscape street buffer easement, in favor of the Business Owner's Association, along S.W. 51h Avenue. 8. The landscape plan, prepared by JGT Architecture and dated 4/15/05, is approved as submitted. 9. Revise or add the following note(s) on the face of the plat dated 9/14/05, prepared by Treasure Valley Engineers, prior to signature on the final plat by the City Engineer: a. Add a new note stating that the Business Owner's Association will maintain the landscaping within the street buffer easement along S.W. 5lh Avenue. 10. Complete the Certificate of Owners and accompanying acknowledgement. 11. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit 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. 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. (UDC 11-3B-14) 3. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be installed, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 4. 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. 5. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP-05-068 Newton's Nook Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 6. 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. 7. 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. 8. 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. 9. 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. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department. II. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. 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 RECOMMENDA nON Staff recommends approval of the final plat for Newton's Nook Subdivision with the above stated comments and conditions. Exhibit "A" FP-05-068 Newton's Nook Subdivision FP.doc PAGE 3 Pennwood III, LLC PO Box 838 Meridian, Idaho 83680 R -{l _. ~L .ii, l{ '] ;'?-- Jr' -,; \7~,! fl.' ! ' f:' " . . .. . > {i J~' . ~- . c; '}.....- /b.., J1> t ~,' t1} .. ' " ..t..(~:r,..j' ....-\ ~l t 'f . ,.:. ;t~ /;' .:J/ ;'~,:n " December 6, 2005 City of Meridian Planning & Public Works Department 660 E. Watertower Ln., Ste. 202 Meridian, ID 83642 Dear: Sonya Waters Pennwood III, LLC agrees to all the site specific conditions and general requirements for Newton's Nook Subdivision as described in the Final Plat Staff Report dated December 6, 2005. The final plat will be amended to include these requirements prior to issuing for final signatures. We enjoyed working through this process with the City of Meridian. Sincerely, Pennwood III , 717 !tlt 1(/I/~fJ'1 Matt Newton Pennwood III Member Exhibj( "B"