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HomeMy WebLinkAboutParamount Commercial SW Subdivision No. 1 FP-08-001BEFORE THE MERIDIAN CITY COUNCIL C/C February 19, 2008 IN THE MATTER OF THE APPLICATION OF BRIGHTON CORPORATION, FOR FINAL PLAT APPROVAL OF 4 COMMERCIAL BUILDING LOTS IN A C-G ZONE FOR PARAMOUNT COMMERCIAL SOUTHWEST SUBDIVISION NO. 1, LOCATED EA.ST OF N. LINDER ROAD AND NORTH OF W., MCMILLAN ROAD, SW '/ OF THE SW 1/, SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST CASE NO. FP-08-001 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 February 19, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Departrnent, dated: Hearing Date: February 19, 2008, 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 PARAMOLJNT COMMERCIAL SOUTHWEST SUBDIVISION NO. 1 LOCATED IN THE SW '/ OF THE SW '/ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMMERCIAL SW SUBDNISION NO. 1/(FP-08-001) . Page 1 of 4 OF SECTION 25, T. 4. N., R. 1. W, & BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 12/10/2007, SHEET 1 OF 3, DARIN HOLZHEY", Ustick Marketplace, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Staff Report to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Developrnent Services Coordinator for the Public Works Department, dated: Meeting Date: February 19, 2008, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 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 Brighton Corporation, 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 February 19, 2008meeting as follows, to-wit: 1.1 Adopt the Recornrnendation of the Central District Health Departrnent 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 plans must be submitted to Central District Health for review of any food establishment, beverage establishment, grocery store or child care center; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PAR.AMOUNT COMMERCIAL SW SUBDIVISION NO. 1/(FP-08-001) Page 2 of 4 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. 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: 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 PARAMOUNT COMMERCIAL SW SUBDNISION NO. 1/(FP-08-001) 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 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 ~ day of , 2008. By: ~ 1 Tammy de W erd ``,`~~~~~n~r~~~~~~~~~~~ Mayor, C1 of Meridian Attest: ``\`~~,~~ ~ tii,~~~~' o ' ; ~ ~ ~ ~ '~~ . Jaycee olman, City Clerk= $AL ; ~' = = y. ; Copy served upon Applicant;~Ji'~ ~n , ~g Department, Public Works Department, and City Attorney. ~'~~ G~,~ . ~ ~~~~ '',~~''~~-~n~~i ~„~~~~`~~~`\` BY~ ~r~ Dated: 5- ~ q- D~ rty Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMMERCIAL SW SUBDNISION NO. 1/(FP-08-001) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Meeting Date: February 19, 2008 (~E' 1~1A1 r~' \ TO: Mayor and City Council I DA.H o FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Paramount Commercial Southwest Subdivision Request for Final Plat Approval of Paramount Commercial Southwest Subdivision Consisting of 4 Commercial Building Lots on 3.77 Acres in a C-G Zoning District by Brighton Corporation (File# FP-08-001). 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, Brighton Corporation, has applied for fmal plat approval of 4 commercial building lots on 3.77 acres of land for Paramount Commercial Southwest Subdivision. The zoning district for the proposed subdivision is GG (General Retail and Service Commercial District). Paramount Commercial Southwest Subdivision is located on the northeast corner of N. Linder Road and W. McMillan Road in Section 25, T. 4N., R. 1 W. This property was previously annexed and was part of the preliminary plat of Paramount Subdivision (Lot 57, Block 3). The City Council approved the preliminary plat for Paramount Commercial Southwest Subdivision on September 25, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Commercial Southwest Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved Paramount development agreement (instrument # 103137116), annexation (AZ-03-006), preliminary plat (PP-03-004), and conditional use pernut (CUP-03-008) and approved Paramount Comrnercial Southwest modified development agreement (instrument # 107145935) and preliminary plat (PP-07-O11) applications for this subdivision. If the City Engineer's signature has not been obtained by 09/25/09, the Final Plat approyal for this subject phase shall expire. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the face of the plat to label the landscape buffer along N. Linder Road, W. McMillan Road and the east property boundary as "landscape buffers" and not as easements. FP-08-001 Paramount Commercial Southwest Subdivision FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC, WORKS DEPARTMENTS STAFF REPORT Revise the face of the plat to call out the sidewalk and associated easement along Lot 1 on W. McMillan Road. 6. Revise the face of the plat to label all easements/buffers and ~raphicallv depict the widths of the easements. Revise or add the following note(s) on the face of the plat prepared by Mason & Stanfield, Inc., stamped on 12/10/07 by Darin Holzhey, prior to signature of the final plat by the City Engineer: 2.) Revise note, "This plat is subject to the development agreements recorded as instrument nurnbers 107145935 and 103137116 of Ada County Records." 7.) Revise note, "Lots 1-4, Block 1 are subject to a permanent ingress/egress °~a~~~'~~~~ M°""`'`"" "'~"" `' * ` and cross-access varking easement as shown. ~ *.) Add a note, "Lots 1-4, Block 1 are subject to a City of Meridian sanitary sewer and water easement as shown." *.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent to N. Linder Road, W. McMillan Road and the east property boundary. *.) Add a note, "The bottom elevation of building footings shall be set a minirnum of 12 inches above the highest known normal ground water elevation." Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated from the site. 9. 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 on the east side prior to release of building pernuts for this subdivision. 10. The landscape plan, prepared by The Land Group, and dated 12/10/07 is approved with the following changes: a. Substitute an Amur Maple or Flame Maple for the proposed Red Sunset Maple. The proposed tree is not heat tolerant and is subject to decay per the Boise Urban Foresty Tree Selection Guide, and is prohibited by the standards set forth in UDC 11-3B-SC. b. LTnless otherwise approved with an alternative compliance application, construct a 25- foot wide landscape buffer constructed per UDC 11-3B-8 on N. Linder Road. The landscape buffers adjacent to N. Linder Road, W. McMillan Road and the east property boundary are subdivision improvexnents 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 this final plat, they will be reviewed with each individual CZC. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 11. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide a letter frorn 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. FP-08-001 Paramount Commercial Southwest Subdivision FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 12. 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 pernutted under UDC 11-3B-11. 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 sha11 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. 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItEMENTS 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, final plat recorded and road base shall be approved prior to applying for building pernuts. 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. 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, 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 nurseryrnan 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. 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). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shal'1 be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as deternuned during the plan review process, prior to signature on the final plat. FP-08-001 Pazamount Commercial Southwest Subdivision FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 responsilile for application and compliance with any Section 404 Pernutting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and 1VPDES Pernutting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. 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. 13. 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 puiposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. 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. 15. 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. 16. 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 of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shal'1 be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Commercial Southwest Subdivision (FP-08-001) with the above stated comments and conditions. FP-08-001 Paramount Commercial Southwest Subdivision FP.doc PAGE ~~~ BRIGHTON CORPORATtON February 19,200R To: Jenn}• Veatch, Assistant City Planner From: Michael D. Wardle, Uirector of Nianning Re: Pnrmm~unl Cmm~rerc•rrd Soutlrwesl Subdivision /No. // We offer the following proposed actions for the referenced project: SubJivisiun Namc I'hi, linal plal is the tirst phase of thc appro~ed cummercial de~elupment an~l is titled Purun~oruu ('rnnrnrrrinl.~'un~h~re.e~ .4uhdiri.ciun .\'u. 1 on the plat and in the applica~ion. Pru~wxd ~\ciinn. Por clarih'. ~cr rcyurst lhat thc ,tall~report "tiuhj~rt" linr and subJi~'itiiun n.m~~ cilalions hr chanr.d ~a Yca•uuwtuN C~uirnni~7'CIUI.SUII/I711'C.CI.~l/Flilll'7.17U17.~U. I. Sitc Snecific Condition ~ ('ondiiion Languagr: "Rrri.~~e dre Juce qJ ~he pler~ ~o luhel ~He lundccupe br fJi~r ulunX .\'. Linder k~,«d. n~. :~:r~~:~~ru~,~1 ~r,~~,d ~„~~r ~>>< <u.cr prnprrlr hue~ndurr u.~ ..lund.~r~q~e ht~JJer.s . cu~d nu~ a.c C~ l.~'c•I)IN~7l.e. .. ~~i~licant Commcnt. W~ w~c cc~nc~rncd thal usr of thc Icmi "hu6Fer'" on a plat ma~ nut hc :i~c~puiMr iu thr C'uum~ Sw~cc~ur tiinec thr d~lini~iun ol'..bW ler" is nrn incluJed in platting c~~dcs.md "hull~rs":uc nui r~la~rd w proprn~ ronc~~ancc. ~chercas rasrmcnts arc. I'_eu~iu.rcl ~~ctiun. l i~r ihe ierm °land,cap~ hullcr cos~ments" rcuher ihan simpl) ..landscare hul'Icrs." , VVith these acti~ns, we concur ~~~ith the statf report and request approval of Raramount Commercial Southwest Subdivision No. l. H~igl~ion Cnrpnrruiun I?blll 11: /_:~Plorer D~ire. Sni~r IlIII. Hui.cr. /dulio R37/.i n•irnthiirh~rn~corn.rnia TeL (?IlN/ 77H-41/U/I /'ac 1?IIRJ 377-N96? '~'2a.~~jia & ~~~ualia.~ ~I~u: ytatta~ Z~~uet 1503 FIRST STREET SOUTH Nq7.~PA, IDAHO 83651 ~e395 ~ FA7( # 208~d63~0092 6 I~ehniarv ~008 Phone~: n~ea Code 208 OFFICE~. Nampa d66J861 SHOP: Nompa 466~0663 Ciry of ~leridian City Clerk's Office R~illiam G. T3erglr 3} Fas-t Idaho Avenue ~Arrir~i.~n Ill $?Fd~ RE: Paramount Commercial Southwest Subdivision llear Will: Nampa & Meridian Irrigation District has no comment on the above-referenced application. All laterals and waste ways mus[ be prolected. All municipal surfacc drainage must be retained on-si~e. If any surCace drainage Icaves the site, Nampa & Meridian Irrigation District must review drainage plans. I'he Ueveloper must comply with IdaBo Code 31-3805. It is recommended that irrigation water Ue made available to al] developments within the Vampa & Meridian Irrigation Dis[rict. Sincerely, ~~~~ $ill 1{enson Asst. Water Superintendent Nampa & Meridixn Irrigation District BH/dbg c F~i~ - orr~e~s~,oP nPPRO%InM7E IRRIGABLE ACRES RNFR FIUw RIGMTS ~ 1J,000 BOiSE 7RO1ECt qIGHTS ~ a0.000 ;~, , ,' ~ ~`~~•-\ ~ ~ ~. , . WESTERN REC;IUN OFFICE INTERMOUNTAIN GAS COMPANY 555 SOUTH COIE ROAD • P.O. BOX 7"008 • BOISE, ID 83707 (208)377-6000 • FAX (208)377~-G867 To Planning and Zoning, ~~~~~~ ~AN ~ 6 20~a an ~ . .eT.~r. intcrmountain Gas Company has received your letter of application. In order to best serve tbis development Intermountain Gas does require that a 5' minimum utility easement along the interior lot lioes and a 10' minimum uGliry easement along all right of ways or private dtive. The private drive of the development would also be required to include a utility easement for Intermountain Gas to encroach into with the ~as lines Thauk you for your time and consideration in th'is matter. If you have any quesROns or concems please contact Mis6elle Singleton at 377-6863. Sincerely, cc~,~,~ ~.~,~- MisLelle Singleton Engineeriug Tcch cc: Roger Phillips .lennifer Veatch Fro'n: Scott N'oriyuki.(seoti(a~thegemstar.oam} Sent: Wednes¢ay, April 30, 200810:33 ANI To: ~ eleflc;, Jennifer Veatch SubJect: Sundial Sub #1 and !~2 Final Ptat SEaff Reports Jennifec- in'regards-to-theSundial S.u,b 311 and~#2 Finat Plat 5taff'Reports, Gem'star Properties llC,has reviewed and ag~ees with Staf~s repori/recommendations. l h,ave eontacted the l.andgroup. Ihc. lhe make the requested chan~es to ttie landscape Pla:ns. Atthough oot requiced, I expect.ihese changes to be: comptete prior,to our May 6~h, Z008 Putilic Hea.ring. ThanR you,a~d fe.eP#ree to iall anyNme wit?1 questions.. Scott Noriy,uki •GemS[cr PropstieS '?38S' B.ilJg,ewoy Place Sutfe 300, ~ 'Eaglet ldoho 8363'6 Of/tce (2U8)..939•1852. ,F.a~c:(208) 939-1851 cen {zoa~ z3o;iao2 5l~I2bQ~