HomeMy WebLinkAboutKelly Creek Commercial Subdivision FP-07-0354
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BEFORE THE MERIDIAN CITY COUNCIL
C/C November 27, 2007
THE MATTER OF THE
CATION OF
B'LACKHAWK/MERIDIAN, LLC
F..OR FINAL PLAT APPROVAL OF
4'~COMMERCIAL BUILDING LOTS
ON 4.91 ACRES IN A C-G ZONE
LOCATED AT THE NWC OF
L'INDER ROAD AND MCMILLAN
ROAD IN A PORTION OF THE SE
'/ OF THE SE '/ OF THE SE '/ OF
T~ 4N., R. 1W., SECTION 26
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CASE NO. FP-07-035
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 November 27, 2007, and the Council finding that the
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Aydministrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning
Department, and Scott Steckline; Development Services Coordinator for the Public Works
D artment dated: Hearin Date: November 27, 2007, to the Ma or and Council, and the Council
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Having considered the requirements of the preliminary plat the Council takes the following action:
~~, IT IS HEREBY ORDERED THAT:
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1. The Final Plat of "PLAT SHOWING KELLY CREEK COMMERCIAL
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~ SUBDNISION LOCATED IN A PORTION OF THE SE'/ OF THE SE'/ OF THE
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~~ SE '/ OF T. 4N., R. 1 W., SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
F.OR KELLY CREEK COMMERCIAL SUBDIVISION / (FP-07-035)
~~ Page 1 of 4
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COUNTY, IDAHO 2007, HANDWRITTEN DATE: 10/17/07, SHEET 1 OF 3,
EHM ENGINEERS, INC.", BLACKHAWK/MERIDIAN, 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:
November 27, 2007, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT
and 15 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 EHM Engineers, 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 additional requirements of
the Council taken at their November 27, 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
s
,~ 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
mosquito breeding problem; and it is suggested that the
stormwater be pretreated through a grassy swale prior to
s~ discharge to the subsurface to prevent impact to groundwater
and surface water quality; that engineers and architects should
;a obtain current best management practices for stormwater
disposal and design a stormwater management system that is
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK COMMERCIAL SUBDIVISION / (FP-07-035)
`~ Page 2 of 4
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. Storrnwater 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
r quest 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
reuest for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review maybe filed.
E~, Please take notice that this is a final action of the governing body of the City of
1 Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
F,OR KELLY CREEK COMMERCIAL SUBDIVISION / (FP-07-035)
Page 3 of 4
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i ~ real property which may be adversely affected by this decision may, within twenty-eight (28) days
a~ er 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 on the Z~ ~ da
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of ~,~oyemberr , 2007.
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~ ~,~~~~~,~~ ®° ~"'~~AYOR TA de WEERD
ATTEST: ~~ O~ Q~T~o `'~' J `
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LIAM G. EERG, JR.,
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//'//f~~~t~~~iri iHNN~``t```
Copy served upon: V pplicant
;, M~ arming Department
,~ / Public Works Department
+ /City Attorney
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B~y: Dated: ~Z~7 ~~
'~ City C erk's Office
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK COMMERCIAL SUBDIVISION / (FP-07-035)
Page 4 of 4
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'CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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STAFF REPORT: Meeting Date: November 27, 2007
Transmittal Date: November 21, 2007 E IDIAN~--
' IbANO
TO: Mayor and City Council
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FROM: Kristy Vigil, Assistant City Planner i`~"
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`~ 208-884-5533
'~ Scott Steckline, Development Services Coordinator SS
I 208-898-5500
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SUBJECT: Kelly Creek Commercial Subdivision
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Request for Final Plat Approval of Kelly Creek Commercial Subdivision
Consisting of 4 Commercial Building Lots on 4.91 Acres in a C-G Zoning
~~ District by Blackhawk/Meridian, LLC (File# FP-07-035).
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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
ridian City Council:
APPLICATION SUMMARY & LOCATION
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The applicant, Blackhawk/Meridian, LLC, has. applied for final plat approval of 4 commercial building
lots on 4.91 acres of land for Kelly Creek Commercial Subdivision. The zoning district for the proposed
subdivision is C-G (General Retail and Service Commercial District).
Kelly Creek Commercial Subdivision is located on the northwest corner of Linder Road and McMillan
Road in Section 26, T. 4N., R. 1 W. This property has not been previously platted.
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The City Council approved the prelinnary plat for Kelly Creek Subdivision on August 19, 2003. The
submitted fmal plat substantially complies with the approved preliminary plat.
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Staff recommends approval of Kelly Creek Commercial Subdivision with the comments and
conditions stated in this report.
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SITE SPECIFIC CONDITIONS
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1? Applicant is to meet all terms of the approved, development agreement (103181095), annexation
~~ (AZ-03-013), preliminary plat (PP-03-014), conditional use permit (CUP-03-028), and time
extension (TE-06-025) applications for this subdivision.
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2~ If the City Engineer's signature has not been obtained by 06/28/08, the Final Plat approval for
this subject phase shall expire.
3~ Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4~ Graphically depict the required 30-foot wide landscape buffer easement along Linder Road and
~~ McMil'lan Road on the face of the plat.
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` Exhibit "A"
FP-07-035 Kelly Creek Commercial Subdivision FP.doc
PAGE
CITY
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OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
The applicant shall apply for a conditional use permit for each lot prior to issuance of any
certificate of zoning compliance or building permits on this site.
A cross-access and cross-parking agreement shall be recorded prior to issuance of any certificate
of zoning compliance on this site.
Revise or add the following note(s) on the face of the plat prepared by EHM Engineers, Inc.,
stamped on 10/17/07 by Gerald Martens, prior to signature of the fmal plat by the City Engineer:
*.) Add a note, "This plat is subject to a development agreement recorded as instrument
number 103181095 of Ada County Records."
*.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent
to Linder Road and McMillan Road that are not within common lots.
*.) Add a note, "The bottom elevation of footings shall be set a minimum of 12 inches above
the highest known normal ground water elevation."
*.) Add a note, "Lot owners are responsible for maintenance of any irrigation drainage pipe
or ditch crossing their lot unless such responsibility is assumed by an irrigation/drainage
entity."
Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or
relocated from the site.
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.
The landscape plan, prepared by South Landscape, P.C., and dated 10/15/07 is approved with the
following changes:
a. Include fencing details for the fencing on the north and west boundaries of the proposed
subdivision (i.e. construction materials, & picture/sketch).
b. Submit a revised plan approved for construction.
~~ c. The landscape buffer located on the southeast corner of the site and adjacent to Linder
'~~ Road does not meet the required 25-foot minimum in all areas. The 25-foot wide
landscape buffer shall be exclusive of the attached sidewalk in this area, revise
accordingly.
,~ d. Unless otherwise approved with an alternative compliance application, depict a 25-foot
wide landscape buffer constructed per UDC 11-3B-8 on the north and west boundaries.
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'; The landscape buffers adjacent to Linder Road and McMillan Road are subdivision
'~ improvements and shall be installed prior to occupancy of the first building.
'~ The internal landscaping for the individual lots buildings and parking areas not approved with
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~ this final plat, they will be reviewed with each individual CZC.
The landscape buffers along the northern and western boundaries of the subdivision are not
~ approved with this final plat, they will be reviewed with each individual CUP.
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Submit three copies of a revised landscape plan to the Planning Department prior to signature of
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~~ the final plat by the City Engineer. Said plan shall be consistent with the changes listed above.
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;1 Exhibit "A"
FP-07-035 Kelly Creek Commercial Subdivision FP.doc
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CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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1'1. 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.
1~2. 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-11 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-11.
'a If the stormwater detention facility cannot be incorporated into the approved open space and still
~° meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may
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~~ require losing a developable lot or developable area. It is the responsibility of the
€~ developer to comply with ACRD, City of Meridian and all other regulatory requirements at the
;, tune of final construction.
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F~. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
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GENERAL REQUIItEMENTS
P 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 irrgation/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.
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2i Street signs are to be in place, water system shall be approved and activated, fencing installed,
f~ 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.
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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, or as otherwise allowed by UDC 11-SC-1.
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.
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.
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.
Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
Exhibit "A"
FP-07-035 Kelly Creek Commercial Subdivision FP.doc PAGE
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';CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
9~ Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe required by the Environmental Protection Agency.
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10. All development features shall comply with the Americans with Disabilities Act and the Fair
°~ Housing Act.
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l~. 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
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`'t be removed.
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1': Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
~~ (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
~~ purposes such as landscape irrigation if approved by Idaho Department of Water Resources
°~ Contact Robert B. Whitney at (208)334-2190.
1~3. Any existing septic systems within this project shall be removed from service per City Ordinance
`~ Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
+~ inspections (208)375-5211.
14. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation, This is to ensure that the bottom
~~ elevation of the crawl spaces of homes is at least 1-foot above.
1'~~. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
~~,~ ACHD. The design engineer. shall provide certification that the facilities have been installed in
:~ accordance with the approved design plans. This certification will be required before a certificate
i of occupancy is issued for any structures within the project.
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STAFF RECOMMENDATION
Staff recommends approval of the final plat for Kelly Creek Commercial Subdivision (FP-07-035)
with the above stated comments and conditions.
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a Exhibit "A"
FP-07-035 Kelly Creek Commercial Subdivision FP.doc PAGE
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~~ ~ Engineers,lnc., IN THERELDSOF:
ENGINEERS /. SURVEYORS /PLANNERS ~ ~ suav~~itNS•
• HIGHWAYS '
' ~ ~ ~ ~ ~ ~. ~ WATER
SEWAGE
~~ Date:.. ~ . ~ November.26,~2007 . ~ ~ s Bo slo s
I. ~;. ~ - BRIDGES
i~ _ ENVIRDNMEMAL
6UAUTY I.ONlfiOL '• •
~~ ~ CONSTRUCTION MGMT. "
.. 7~ T0: ~ City'of Meridian .
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• €~ ~ Attn: Kristy Vigil ~ _ .
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~' ' From: ~ G'erald L: Marte .w-Q.
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. Regarding; , ~" • : . Kel'Iy:Creek Commercial ;Subdivision . ' ' ~ ~ : .
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~I •~ I have reviewed the November,21; -2007 staff report for the'above project:
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andconcur with the site specific conditions as-presented with the following ::• . •.
'~ ' understanding and clarification. .' ,
_ °~~ . ' .1.. The existing fence on the north and •west boundaries: do not. need ~ • ' .
to be,replaced with a masonry..fence iri the. event the site::
~~ ' ~ development and landscaping plan is revised to reflect.a 25-foot. `~ •
i" ~`~ wide landscaping•buffer.. ~The~masonrywall would be provided-as . ~~ '
.. - " ',. ` ~ ~ :. ~ parf: of an alternative compliance appiication:to reduce the . ~.
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~` ::. ~ landscape ,buffer width:..: ~ ` "
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:. ~+. 2. It is understood'that~each lot development willrequire a . ~• ~ .
i, conditional use permit and that the.final designs for buffer ..:. ,. • ` ~ .
~ ~ - ~ landscape and fence will be part•of the conditional use'ap•plication:~
and .permit and site specific alternative compliance application. •
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~~ 621 North College Rd'., Suite 100 ~ Twin Falls: Idaho 83301 • (20$] 734-4888~~ Fax [208J 734-6049
. ~ 3501 Elder St., Suite 100 ~ Boise,.Idaho 83705 •,(208)386-9170 • Fax (208) 386=9076 - .
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