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HomeMy WebLinkAboutMedina Subdivision FP-07-013 BEFORE THE MERIDIAN CITY COUNCIL C/C June 5, 2007 IN THE MATTER OF THE ) APPLICATION OF KEN LENZ AND ) JEFF HUBER OF WHITE- ) LEASURE DEVELOPMENT ) COMPANY FOR FINAL PLAT ) APPROVAL OF 6 COMMERCIAL ) BUILDING LOTS ON 8.06 ACRES ) IN A C-G ZONE LOCATED ON ) THE SOUTHWEST CORNER OF ) MERIDIAN ROAD AND ) OVERLAND ROAD IN A PORTION ) OF THE NE ~ OF SECTION 24 T. ) m~Rl~ ) CASE NO. FP-07-013 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter corning before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on June 5, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 5, 2007, 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 MEDINA SUBDIVISION LOCATED IN A PORTION OF THE NE ~ OF SECTION 24, T. 3N., R. lW., BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP-07-013) Page 1 of 4 MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/11/07, SHEET 1 OF 6, THE LAND GROUP, INC.", KEN LENZ AND JEFF HUBER OF WHITE-LEASURE DEVELOPMENT COMPANY, 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 Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 5, 2007, listing 17 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 The Land Group, Inc., 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 Intermountain Gas Company, a true and correct copy of which is attached hereto marked Exhibit "e" and consisting of 1 page, and by this reference incorporated herein and the additional requirements of the Council taken at their June 5, 2007 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 sewage and central water; that run-off is not to create a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP-07-013) Page 2 of 4 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP-07-013) 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 ~ 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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 5th By action of the City Council at its regular meeting held on the day of 3Uf\ C- ,2007. \~Yi:~ \\\\\\~ ~"Yo)t L ,\ V I ATTEST: ,..;,' ~"' .--:-:-~. 1'''''-:.- ;:;' 0 r-;..~tPOf"4 r. '';' 2 ~ ('1'-0 .- JdL:..A~, i. SEAL WILLIAM G. BERG, JR., Y cl,~ ~~ ....R. D ! ~ "'('L r 1~' (/'".!:' ~ "/ "f -to' "" ('.,...,., - -'" " "'11/ ~ 1" · ",,, ./ /1'1 \\' V " IllVIIIlI HI'" ........Applicant ~ :eJanning Department '2P.JJblic Works Department .....-city Attorney Copy served upon: Dated: ....t201 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP-07~013) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: June 5,2007 Transmittal Date: May 31, 2007 i ro..-D /' .m. .,;&. V'VLtJ1idz:Jn"t \ \ IDAHO ~ ~ ;: ~~~ :I -. , III TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner '{.JI 208-884-5533 Scott Stecldine, Development Services Coordinator 208-898-5500 SUBJECT: Medina Subdivision Request for Final Plat Approval of Medina Subdivision Consisting of 6 Commercial Building Lots on 8.06 Acres in a C-G Zone by Ken Lenz, Jeff Huber, and White-Leasure Development Co. (File# FP-07-013). 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, Ken Lenz, Jeff Huber, and White-Leasure Development Co., have applied for final plat approval of 6 commercial building lots on 8.06 acres of land for Medina Subdivision. The zoning district for the proposed subdivision is C-G (General Commercial). Median Subdivision is located on the west side of Meridian Road and the south side of Overland Road in the NE % ofT. 3N., R. 1 W., Section 32. This property has not been previously platted. The City Council approved the preliminary plat for Medina Subdivision on April 13, 2007. The submitted fmal plat substantially complies with the approved preliminary plat. NOTE: The 35-foot landscape buffer adjacent to Meridian Road received alternative compliance approval for a reduction in buffer width where the deceleration lane will be constructed. The approved buffer width is 31.92 feet at the narrowest point along the deceleration lane. Also, a 25-foot landscape buffer is required along the southern boundary of this subdivision, adjacent to the existing residential uses, upon development of the second building within this subdivision. Staff recommends approval of Median Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant isto meet all terms of the approved annexation (AZ.04-031), development agreement (lnst. # 105134293), preliminary plat (PP-07-003), conditional use permit for Lot I, Block 1 (CUP-06.015), miscellaneous application (MI-07-002), and variance (V AR-05-027) for this subdivision. Exhibit "A" FP-07-013 Medina Subdivision FP.doc PAGEl CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. All future structures on the subject lots shall be required to obtain conditional use permit and certificate of zoning compliance approval prior to building construction. Also, future structures adjacent to Meridian Road shall be subject to design standard approval. 3. The Final Plat approval for this subject phase shall expire on 04/13/09, if the City Engineer's signature has not been obtained. 4. Prior to occupancy of the first building, or prior to the City Engineer's signature of [mal plat, the amended development agreement (MI-07-002) shall be recorded. 5. Prior to the City Engineer's signature of the Final Plat, any existing structures shall be removed from the site. 6. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 7. Label the landscape buffer easements adjacent to Overland Road, Meridian Road, and the southern property boundary on the face of the plat. 8. Include the instrument number for the mutual ingress/egress cross access easement on the face of the plat. 9. Include the instrument number for the restrictive covenants on the face of the plat. 10. Sanitary sewer and water service to this site is being proposed via extensions of existing mains adjacent to the site. Applicant will be responsible to construct the 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. 11. The applicant has proposed a waiver to the pressurized irrigation system required by City Code for this development. Per Meridian City Code 9-1-28, the pressurized irrigation requirement can only be waived if the particular property can prove they have no water rights in an irrigation district. UDC 11-3B-60 requires non-potable water to be used in pressurized irrigation systems when deemed available. Therefore, the applicant shall be required to install a pressurized irrigation system using any existing surface water. If the applicant does not have existing water rights, they shall provide documentation of such to the City Engineer prior to the City Council Hearing. 12. Revise or add the following note(s) on the face of the plat, prepared by The Land Group, Inc., stamped on 05/11/07 by Hugh W. Edwards, prior to signature of the final plat by the City Engineer: 13.) Include instrument number. *.) Add a note, "This plat is subi ect to a development a~eement recorded as instrument number 105134293 of Ada Countv Records." *.) Add a note including the amended development agreement number. *.) Add a note addressing the maintenance of the landscape buffers adjacent to Overland Road, Meridian Road, and the southern property boundary of this subdivision. (*) Add a note stating, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest mown normal ground water elevation." Exhibit "A" FP-07-013 Medina Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP AR TMENTS STAFF REPORT (* ) Add a note stating, "Lot owners that they are responsible for maintenance of any irriaation/ drainage pipe or ditch crossina their lot. 13. The landscape plan, prepared by The Land Group, Inc., and dated 01/12/07 is approved with no changes. The required 25-foot wide landscape buffer along the southern boundary of this subdivision, adjacent to the existing residential uses, shall be constructed with the development of the second building within this subdivision. 14. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 15. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. 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. 16. 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 surface materials shall not be used in open space lots, except as permitted under UDC 11- 3B-ll. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC ll-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 final construction. 17. Staffs failure to cite specific ordinance provisions or conditions from 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. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved 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 fmal plat. 4. 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-07-0I3 Medina Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP AR TMENTS STAFF REPORT 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 determined during the plan review process, prior to signature on the final plat. 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 Army 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Medina Subdivision (FP-07-013) with the above stated comments and conditions. Exhibit "A" FP~07.013 Medina Subdivision FP.doc PAGE 4 :..... ....-:;- ~~ '!I,--~ :L; ~ -.. l~ T){H LAND GROUP, INC. June 5, 2007 Krlsty Vrgll City of Meridian 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Re: Case Files" PP-07-OO, and " MI..o7-G02 (Medina Subdivision Final Plat) Written Response to staff's tlnal plat staff report Dear Krlsty, We have reviewed the staff report for the final plat of Medina SubdivisIon and find it to be accurate and understandable. We will make the required adjustments and provide the required Information as stated in the report/conditions. please give us a call If you have any additional questions or comments. Sine rely, v , Site Planning - Landscape Architecture - Civil Engineering - Gol/ Course Irrigation & Engineering - Graphic Communication - Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 . P 208.939.4041 F 208.939.4445. www.thelandgroupinc.com Exl1ibit"B" l\~ ~ (~ '~ '''v-" WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 South Cole Road. P.O. Box 7608. BOISE, ID 83707 (208) 377-6000 . FAX (208) 377-6867 MAY ~ 0 ZOO? To Planning and Zoning, Intennountain Gas Company has received your letter of application. In order to best serve this development Intennountain Gas does require that a 5' minimum utility easement along the interior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be required to include a utility easement for Intennountain Gas to encroach into with the gas lines. Thank you for your time and consideration in this matter. If you have any questions or concerns please contact Mishelle Singleton at 377-6863. Sincerely, mv:!h ~~ Mishelle Singleton Engineering Tech cc: Roger Phillips Exhibit "C"