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Verona Sudivision No. 4 FPBEFORE THE MERIDIAN CITY COUNCIL C/C May 20, 2008 IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 12 COMMERCIAL BUILDING LOTS AND 2 OTHER LOTS ON 18.9 ACRES IN C-G AND L-O ZONING DISTRICTS LOCATED AT THE NORTHEAST CORNER OF TEN MILE ROAD AND MCMILLAN ROAD IN SECTION 26, T. 4N., R. 1W. AND IS A RESUBDIVISION OF LOTS 1, 2, 35 AND 36, BLOCK 10 OF VERONA SUBDIVISION NO. 2 ALONG WITH A PARCEL OF LAND LOCATED IN THE SW '/ OF THE SW '/ OF SECTION 26, T. 4N., R. 1 W. CASE NO. FP-08-O10 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Developrnent Code 11-6B-3 on May 20, 2008, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Developrnent Services Coordinator for the Public Works Department, dated: Hearing Date: May 20, 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 4/(FP-08-010) Page 1 of 4 1. The Final Plat of "PT,AT SHOWING VERONA SUBDIVISION NO. 4 LOCATED AT THE NORTHEAS`T CORNER OF TEN MILE ROAD AND MCMILLAN ROAD IN SECTION 26, T. 4N., R. 1 W. AND IS A RESUBDNISION OF LOTS 1, 2, 35 AND 36, BLOCK 10 OF VERONA SUBDIVISION NO. 2 ALONG WITH A PARCEL OF LAND LOCATED IN THE SW '/o OF THE SW '/a OF SECTION 26, T. 4N., R. 1 W., BOISE MERIDIAN, MERIDIAN, ADA COLTNTY, IDAHO 2008, HANDWRITTEN DATE: 03/13/08, SHEET 1 OF 2, QUADRANT CONSULTING, INC.", AND PRIMELAND DEVELOPIVIENT, 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: May 20, 2008, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 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 Quadrant Consulting, 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 May 20, 2008 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDNISION NO. 4/(FP-08-O10) 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 Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; we will require plans be submitted for a plan review for any food establishment, beverage establishrnent, child care center, or gocery store. 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 rnatter 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 § 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 ~~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 4/(FP-08-O10) ~ Page 3 of 4 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 of ~- , 2008 ~~ ~ ~ ~ By'__~~1~~ ``\`~~~~„ ~~~~,,,,,,, Tamrny ~ ~.~`~~1'~ ~ ~1 ~'q,,~'-, Mayor, .~ = j Attest: ;~ ,rp~I~. ; i~ o = EAL = Jaycee lrnan, Cit Clerk I: '`~ ,` y '~, 7~ T 1~ • P~~.. . ~~~i.. M_ _ ~ ..`. Copy served upon Applicant, the$h~~ir~~lc~~~dhi~ C1ty Attorney. ~~~~~~~~ ~~'~~~ B : ~~W ~.~, ~ /un.~ y Dated: City Clerk's Office 20~ 'eerd of Meridian day Department, Public Works Department, and l~' S~ ~1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 4/(FP-08-O10) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Meeting Date: May 20, 2008 C~i~E IDIAN~-- TO: Mayor and City Council I ti A H o FROM: Kristy Vigil, Assistant City Planner t~-~ 208-884-5533 ~ Scott Steckline, Development Services Coordinator SS 208-898-5500 SUBJECT: Verona Subdivision No. 4 Request for Final Plat Approval of Verona Subdivision No. 4 Consisting of 12 Commercial Building Lots and 2 other lots on 18.9 Acres in GG and L-O Zoning Districts by Primeland Development, LLC (File# FP-08-O10). We have reviewed this subrnittal 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 & I..OCATION The applicant, Primeland Development, LLC, has applied for final plat approval of 12 cornmercial building lots and 2 other lots on 18.9 acres of land for Verona Subdivision No. 4. The zoning districts for the proposed subdivision are GG (General Retail and Service Commercial District) and L-O (Limited Office District). Verona Subdivision No. 4 is located on the norhheast corner of Ten Mile Road and McMillan Road in Section 26, T. 4N., R. 1W. and is a resubdivision of Lots 1, 2, 35 and 36, Block 10 of Verona Subdivision No. 2 along with a parcel of land located in the SW '/ of the SW '/ of Section 26, T. 4N., R. 1 W. The City Council approved the preliminary plat for Verona Commercial Subdivision on March 18, 2008. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Verona Subdivision No. 4 with the comments and conditions stated in this report. ~ SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved development agreements (instnunent # 10101117652 and 103097612), annexations (AZ-O1-003 and AZ-03-005), rezones (RZ-OS-006 and RZ-07-017), preliminary plats (PP-03-003 and PP-07-022), conditional use perrnits (CUP-O1- 006 and CUP-03-007), development agreernent amendments (1VII-07-013 and MI-07-014), and final plat (FP-03-O50), applications for this subdivision. 2. If the City Engineer's signature has noi been obtained by 03/18/2010, the Final Plat approval for this subject phase shall expire. E~ibit "A" FP-08-O10 Verona Subdivision No. 4 FP.doc PAGE 1 CTTY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. Revise or add the following note(s) on the face of the plat prepared by Quadrant Consulting, Inc., starnped on 03/13/08 by Peter W. Lounsbury, prior to signature of the final plat by the City Engineer: 1.) Revise to remove number 100079863 and include Development Agreement numbers 101117652, 103097612, and tlie recorded numbers from RZ-07-017, MI-07-013, and MI- 07-014. *.) Add a note addressing the maintenance of Lot 37 Block 10, Lot 15 Block 12, and the landscape buffers along McMillan Road, Ten Mile Road, and N. Cortona Way. *.) Add a note, "Direct lot access to N. Ten Mile Road and W. McMil~lan Road shall be prohibited." *.) Add a note shall be added to the face of the final plat granting cross-access/cross-parking per site specific condition nuxnber six. 4. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed ar relocated from the site. Prior to occupancy of the first building, or prior to the City Engineer's signature of fmal plat, the amended development agreernents (MI-07-013 and MI-07-014) and rezone (RZ-07-017) shall be recorded. Prior to the City Engineer's signature on the fmal plat, a note shall be added to the face of the final plat granting cross-access for the proposed subdivision. A cross-access/cross-parking easement/agreement shall be recorded for all cornmercial lots within the subdivision. All lots within the subdivision shali have access to the access points to McMillan Road, Ten Mile Road, W. Milano Drive and N. Cortona Way. In addition, a cross-access easement shall be provided to the comrnercial property to the east. Graphically depict on the' face of the plat the required 25-foot wide landscape buffers along McMillan Road and Ten Mile Road and the required 10-foot wide landscape buffer on both sides of N. Cortona Way. 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. The landscape plan, prepared by Harvest Design, P.C., and dated 09/18/07 is approved with the following changes: Add the tree class to the plant material legend. 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. 10. 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 l. 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. Exhibit "A" FP-08-O10 Verona Subdivision No. 4 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMEN.TS STAFF REPORT 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 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. 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibiTity for compliance. GENERAL REQLTIREMENTS 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 permits. . 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 fhe 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. The applicant shall provide a 20-foot easement for ali 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 easernent shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available frorn 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 e~ibits must be sealed, signed and dated by a Professional Land Surveyor. DO NO'T 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. 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. E~chibit "A" FP-08-O10 Verona Subdivision No. 4 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 9. Applicant shall be responsible for application and compliance with and NPDES Pernutting that may be required by the Environmental, Protection Agency. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent nwmber 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. 11. Any existing domestic well system within this project shall be removed frorn 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 imgation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 12. 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. 13. The applicant's design engineer shall be responsible for inspection of all inigation and/or drainage facility within this project that do not fall under the jurisdiction of an imgation 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 fhe project. 14. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings rnust 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 Verona Subdivision No. 4(FP-08-O10) with the above stated comments and conditions. ~ ' Exhibit "A" FP-08-O10 Verona Subdivision No. 4 FP.doc PAGE 4 May 20, 2008 Ms. Kristy Vigi1 Meridian City Plantung Department 660 East Watertower Lane, Suite 202 Meridian, ID 83642 Via Email: vigilk@meridiancity.org ~~ ^^ Quadrant Consulting, Inc. Re: Response to Preliminary Staff Report - Verona Subdivision No. 4 Final Plan Dear Kristy: Thank you for forwazding a c~py of the preliminary staff report for the above-referenced project. Please review the following items before the final version is printed: SITE SPECIFIC CONDITTONS 3. "Add a note, "Direct lot access to N. Ten Mile Road and W. McMillan Road shall be prohibited." Please modify this note to read as follows: Direct lot access to N. "Ten Mile Road and W. McMillan Road, except as approved b~e Citv of Meridian and the transportation authoritv with this application, shall be prohibited. "Add a note shall be added to the face of the final plat granting cross-access/cross- parking per site specific condition number six." We would prefer to not include this note on the final piat. We will address cross-access and parking in the project's CC&Rs. Instead of adding this note to the plat, we would recommend that we provide a copy of the recorded CC&R's to the City Engineer prior to his signaturc. Thanks for your help with this project. Sincerely, QUADRANT CONSULTING, INC. Chu Christensen Principal cc: Mr. Frank Varriale via email 1904 W. Overlanc~ • Boise.ID 83705 • Phone ~208} 342-0091 • Fax ~208) 342-~92 • Emoil: quadroM@quodrant,cc Civil Engineering • Surveying • Construction Management e.n~b~~ „B~~