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HomeMy WebLinkAboutGateway Marketplace No. 2 FP 07-020 BEFORE THE MERIDIAN CITY COUNCIL C/C JULY to, 2007 IN THE MATTER OF THE ) APPLICATION OF LANDMARK ) DEVELOPMENT, LLC FOR FINAL ) PLAT APPROVAL OF 16 ) COMMERCIAL BUILDING LOTS ) ON 17.348 ACRES IN A C-G ZONE ) LOCATED ON THE SOUTHEAST ) CORNER OF EAGLE ROAD AND ) USTICK ROAD, PARCEL A OF ) RECORD OF SURVEY NO. 7281, ) WITHIN A PORTION OF THE NW 'l.I ) OF T. 3N., R.tE., SECTION 4 ) ) CASE NO. FP-07-020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code ll-6B-3 on July 10,2007, 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: July 10, 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"PLA T SHOWING GATEWAY MARKETPLACE SUBDIVISION NO.2, PARCEL A OF RECORD OF SURVEY NO. 7281, WITHIN A PORTION OF THE NW ~ OF T. 3N., R. IE., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO. 2/ (FP-07-020) Page 1 of 4 MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/15/07, SHEET 1 OF 3, WAITE LAND SURVEYING, LLC", LANDMARK DEVELOPMENT, 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 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: July 10, 2007, listing 20 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 pag~s, and by this reference incorporated herein, and the additional requirements of the Council taken at their July 10, 2007 meeting us follows, to-wit: 1 .1 Adopt the action of the City Council taken at their July 10, 2007 meeting, and specifically pertaining to the Staff Report, under General Requirements, number 2, such now the condition shall read as follows: General Reauirements 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, final plat recorded and road base shall be approved prior to applying for obtaining building permits. 1.2 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO.2 / (FP~07~020) Page 2 of 4 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 Enviromnental Quality for central 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 ldaho 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO.2 / (FP-07-020) Page 3 of 4 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 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 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 of the City Council at its regular meeting held un tht: \ 0 t\--- day uf ,jQh~ ,2007. ATTEST: Copy served upon: \/ Applicant ~ Planning Department V ./ Public Works Department v' City Attorney JJ.umvQ (UJAJ 8-3-{J7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GATEWAY MARKETPLACE SUBDIVISION NO.2 / (FP.07-020) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Datt:: July 10, 2007 Transmittal Date: July 5,2007 ""p /""'.'" .~ -'- "-M.tJridl:n't \ \ ,;, IDAHO I " ~.~ TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner '(.JI 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Gateway Marketplace Subdivision NO.2 Request for Final Plat Approval of Gateway Marketplace Subdivision No.1 Consisting of 16 Commercial Lots on 17.348 Acres in a C-G Zone by Landmark Development, LLC (File# FP-07-020). We have reviewed this submittal and offer the following comments and conditions of the applicant. Thcsc conditions shall bc considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Landmark Developmt:Ilt, LLC, has applied for final plat approval of 16 commerciallots on 17.348 acres of land for Gateway Marketplace Subdivision No.2. The zoning district for the proposed subdivision is C-G (General Retail and Service Commercial District). Gateway Marketplace Subdivision NO.2 is located on the southeast comer of Eagle Road and Ustick Road in the NW ';4 of Section 4, T. 3N., R. 1 E. This property has not been previously platted. The City Council approved the preliminary plat for Gateway Marketplace Subdivision on July 18, 2006. The submitted final plat substantially complies with the approved preliminary plat. StaU recommends approval of" Gateway Marketplace Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-03-018), development agreement (Inst. #104107406), preliminary plat (PP-06-002), and variance (V AR-06-002) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 07/18/08, if the City Engineer's signature has not been obtained. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide cross access to tht: parcds t:ast and suuth uf tht: site; provide a copy of the recorded document(s) to the Planning Department. Exhibit "A" FP-07-020 Gateway Marketplace Subdivision NO.2 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Provide instrument number for the water main easement on the face of the plat. 6. Provide instrument number for the sanitary sewer easement on the face ofthe plat. 7. Provide instrument number for the center line sewer easement on the face of the plat. 8. Prior to signature of the final plat by the City Engineer, the applicant shall provide the appropriate documentation from County Surveyors Office that Gateway Marketplace is an approved subdivision name. 9. The commercial cross access drives to the east of the site shall be constructed according to the private street standards in UDC ll-3F-4, the width of the travel lane shall be at least 24 feet or 26 feet wide, as determined by the fire marshal, a Fire Department approved turnaround shall be provided and the adjacent curb shall be painted red, post the private street "No Parking", gatcs or other obstacles shall not be allowed, and construct a 5-foot wide sidewalk on each side of the private street, as proposed. 10. Graphically depict the required 35-foot wide landscape buffer easement along Ustick Road on the face of the plat. 11. Graphically depict the landscape buffer easement along eastern perimeter on the face of the plat. 12. Graphically depict on the face of the plat a 10-foot wide public use easement along to Eagle Road for the multi-use pathway. 13. Internal sidewalks and landscaping, in accordance with the UDC and the preliminary plat, shall be provided within the subdivision. 14. 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. 15. Revise or add the following note(s) on the face of the plat prepared by Waite Land Surveying, LLC, stamped on 05/15/07 by Todd R. Waite, prior to signature of the final plat by the City Engineer: 7.) Revise note to include Ustick Road. *.) Add a note addressing the maintenance responsibilities of the landscape buffers adj acent to Eagle Road, Ustick Road, and the eastern perimeter that are not within common lots. *.) Add note, "Maintenance of all common areas shall be the responsibility of the Gatewav Marketplace Subdivision Business' Owners Association." *.) Add note, "This plat is subiect to a development agreement recorded as instrument nwnber 104107406 of Ada County Records." 16. The landscape plan, prepared by The Land Group, Inc., and dated 04/23/07 and 06/29/07, shall be revised as follows: a. Depict the lawn symbol in the landscape buffer on the eastern perimeter. b. Include the tree class in the plant schedule. Exhibit "A" FP-07+020 Gateway Marketplace Subdivision No.2 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Page Ll.l and Ll.3 are approved with the above revisions and the pending approval of the Findings of Fact, Conclusions of Law and Decision & Order for the variance (V AR- 07.010) approved by the City Council on July 3, 2007. The landscape buffers adjacent to Eagle Road, Ustick Road, and the eastern perimeter, are subdivision improvements and shall be installed prior to occupancy of the first building. The intemallandscaping for the individua1lotslbuildings and parking areas not approved with this final plat, they will be reviewed with each individual CZC. Per the preliminary plat findings, landscaping, patio, and cooperative outdoor user space shall be provided on Lots 10- 15 with each individual CZC. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 17. 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 informatiOIl. 18. 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. 19. 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 he 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 ll-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDe 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 final construction. 20. Staff's 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 ll-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, final plat recorded 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 final plat. Exhibit "A" FP-07-020 Gateway Marketplace Subdivision No.2 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and larulsl.:aping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC ll-5C-I. 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 tees, 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 Stan recommends approval of the tinal plat for Gateway Marketplace Subdivision No.2 (FP-07- 020) with the above stated comments and conditions. Exhibit "A" FP-07-020 Gateway Marketplace Subdivision No.2 FP.doc PAGE