HomeMy WebLinkAboutSundance Subdivision No. 5 FP-06-042
BEFORE THE MERIDIAN CITY COUNCIL
C/C September 26, 2006
IN THE MATTER OF THE )
APPLICATION OF DAVE EVANS )
CONSTRUCTION FOR FINAL )
PLA T APPROVAL OF 12 )
COMMERCIAL BUILDING LOTS )
ON 3.77 ACRES IN AN L-O ZONE )
LOCATED ON THE NORTHEAST )
CORNER OF WEST USTICK ROAD )
AND NORTH MERIDIAN ROAD IN )
A RESUBDIVISION OF LOTS 21, )
22, 25, AND 26 OF SUNDANCE )
SUBDIVISION NO. 3 LOCATED IN )
THE SW ~ OF T. 4N., R.1E., )
SECTION 31
CASE NO. FP-06-042
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 September 26, 2006, and the Council finding that the
Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and
Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: September 26, 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:
1. The Final Plat of "PLAT SHOWING SUNDANCE SUBDIVISION NO.5 A
RESUBDIVISION OF LOTS 21, 22, 25, AND 26 OF SUNDANCE SUBDIVISION
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUNDANCE SUBDIVISION NO.5 I (FP-06-042)
Page 1 of 4
NO.3 LOCATED IN THE SW ~ OF T. 4N., R. IE., SECTION 31, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN
DATE: 07/13/06, SHEET 1 OF 3, TOOTHMAN-ORTON ENGINEERING
COMP ANY", DAVE EVANS CONSTRUCTION, Developer, is Conditionally
Approved subject to those conditions of Staff comments as set forth in the
Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City
Planner for the Planning and Zoning Department and Michael Cole, Development
Services Coordinator for the Public Works Department, dated: Hearing Date:
September 26, 2006, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT
and 11 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 Travis Burrows with Dave Evans
Construction and Tim Mokwa with Toothman-Orton Engineering, a true and correct
copy of which is attached hereto marked Exhibit "B" 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUNDANCE SUBDIVISION NO.5 / (FP-06-042)
Page 2 of 4
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
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 .:>to1'- day
of Se.p+em~Y"
,2006.
ATTEST:
SEAL
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUNDANCE SUBDIVISION NO.5 / (FP-06-042)
Page 3 of 4
Copy served upon:
V Applicant
.../ Planning Department
V Public Works Department
v/ City Attorney
BY:~>t 0lm ~~H 0 1\...'
City Clerk's Office
Dated:~Cr ld -OlP
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUNDANCE SUBDIVISION NO.5 / (FP-06-042)
Page 4 of 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT:
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Kristy Vigil, Assistant City Planner '{JI , ".~r",,---OIf.Y. ",,'i- '. ~
Michael Cole, Development Services Coordinator fY\ C
Hearing Date: September 26, 2006
Transmittal Date: September 14,2006
TO:
Mayor and City Council
FROM:
SUBJECT:
Sundance Subdivision NO.5
Request for Final Plat Approval of Sundance Subdivision No.5 Consisting of 12
Commercial Building Lots on 3.77 Acres in an L-O Zone by Dave Evans
Construction (File# FP-06-042).
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, Dave Evans Construction, has applied for final plat approval of 12 commercial building
lots on 3.77 acres of land for Sundance Subdivision No.5. The zoning designation for the proposed
subdivision is L-O. This site will be composed of 19% of Landscaping, 27% of Building, and 44% of
pavement.
Sundance Subdivision No.5 is located at the northeast comer of Ustick Road and Meridian Road, in
Section 31, T4N, RIB. This property has been previously platted during Sundance Subdivision No.3.
This site includes Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No.3
The City Council approved the preliminary plat for Sundance No.5 on July 17, 2006 and the submitted
fmal plat substantially complies with the approved preliminary plat.
Staff recommends approval of Sundance Subdivision No.5 with the comments and conditions stated in
this report.
SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved preliminary plat (PP-06-014), conditional use
permit (CUP.06-011), rezone (RZ-06-001), vacation (V AC-06.004) and development agreement
(Inst. No. 106133465).
2. The applicant has indicated that the pressurized irrigation system in this development is to be an
extension of the system in Sundance Subdivision. The applicant shall prove that the system can
handle the extra needs of the additional lots within this subdivision, and submit written approval
from the owner/operator ofthe system.
3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a single-point connection to the potable water system is used, 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.
Exhibit "A"
FP-06-042 Sundance Subdivision NO.5 FP.doc
PAGEl
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
4. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
5. Prior to signature on the final plat by the City Engineer submit a copy of the recorded cross~
access and maintenance agreement, and include the instrument number on the face of the plat.
6. Label the portion of Lots 2 and 6, where they extend into the landscape street buffers, as no
vehicular access.
7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7.
Temporary construction fencing to contain debris shall be installed at the subdivision boundary
where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of
building permits for this subdivision.
8. Sanitary sewer and water service to this site is being proposed via extensions of existing mains
installed in Sundance No.3. Applicant will be responsible to construct the sewer and 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.
9. 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.
10. Revise the following plat notes on the face of the plat prepared by Toothman-Orton and dated
7/13/06:
5.) Revise to read, "Direct lot access to Ustick Road and Meridian Road is prohibited except
those specifically shown on this plat. Direct access to U stick Road may be prohibited in the
future, if ACHD deems it necessary."
*.) Add note, "Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the
responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage
district. "
*.) Add note, "Bottom of building footings shall be a minimum of 12 inches above the established
normal high groundwater elevation.
*.) Add note, "This subdivision is subject to the terms of a Development Agreement recorded as
instrument No. 106133465, records of Ada County, Idaho.
11. The landscape plan, prepared by Toothman-Ortman and dated 7/13/06, shall be revised as
follows:
a. Show the existing landscaping on the plan.
Submit three copies of the revised landscape plan to the Planning Department prior to signature
on the final plat by the City Engineer.
12. 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.
13. All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3B-ll and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
Exhibit "A"
FP-06-042 Sundance Subdivision No.5 FP.doc
PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
surface materials shall not be used in open space lots, except as permitted under UDC ll-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 stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3B-ll, 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 fmal construction.
14. Staff s failure to cite specific ordinance provisions or conditions of the preliminary plat does not
relieve the Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. 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 prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2. 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 fmal plat.
3. 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.
4. 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.
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.
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 shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
8. Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
9. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
10. 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.
Exhibit "A"
FP-06-042 Sundance Subdivision No.5 FP.doc
PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Required landscaping trees will not be considered as replacement trees for those trees that have to
be removed.
11. Approval of the preliminary plat shall become null and void if the applicant fails to record the
[mal 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
reasonable manner, and conforms 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 avvroval of the final plat for Sundance Subdivision No.5 (FP-06-042) with the above
stated comments and conditions.
Exhibit "A"
FP-06-042 Sundance Subdivision No.5 FP.doc
PAGE 4
Sundance No.5 FP staff report
Page I of2
Krlsty Vigil
From: Travisb [Travisb@devansconstructlon.com)
Sent: Monday, September 25.20068:50 AM
To: Kristy Vigil; Mokwa, TIm
Cc: Davee
SUbject: RE: Sundance NO.5 FP staff report
Kristy ,
I have also reviewed the staff report and do not have any comments or objections, either.
Thanks,
Travis Burrows
853-1203
n---Original Message-----
From: Mokwa, Tim [mailto:TMokwa@toengrco.com]
Sent; Friday, september 22,20061:24 PM
To: vigilk@meridianclty.org
Cc: Travisbi Davee
Subject: FW: Sundance NO.5 FP staff report
Kli sty - 1 have read through the attached staff report and have no comments or obj ections to [he
conditions of approvaL 1 am also forwarding the StafT Report to my client (Dave Evans
Construction) and requesting that they review the conditions and provide any commenls they
might have to you, in writing, prior to the September 26th Council meeting,
Thanks,
li nl \ Illl, \'J
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From: Kristy Vigil [mailto:vigilk@meridiancity.org]
Sent: Friday, september 22,2006 1:10 PM
To: Mokwa, Tim
Cc: Tara Green; Sharon Smith; Machelle Hill
Subject: Sundance No.5 FP staff report
HI Tim.
Attached is a copy of the final pial staff report for Sundance Subdivision No.5.
Please submit 8 written response to the staff report to me prior to the Council meeting on September 26.
2006.
9/25/2006
Exhibil "]J"