Loading...
HomeMy WebLinkAboutEmerson Park Subdivision FP-08-016BEFORE THE MERIDIAN CITY COUNCIL C/C October 7, 2008 IN THE MATTER OF THE APPLICATION OF KUNA VICTORY LLC, FOR FINAL PLAT APPROVAL OF 5 COMMERCIAL BUILDING LOTS AND 1 COMMON LOT IN A C-G FOR EMERSON PARK SUBDIVISION, LOCATED NORTH OF E. VICTORY ROAD AND APPROXIMATELY 238 FEET EAST OF 5. MERIDIAN ROAD, IN SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST CASE NO. FP-08-016 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 October 7, 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 Department, dated: Hearing Date: October 7, 2008, to the Mayor and, Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT I5 HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING EMERSON PARK SUBDIVISION LOCATED IN SECTION 19, T. 3N., R.1 E, BOISE MERIDIAN, MERIDIAN, ADA COiIN'TY, IDAHO 2007, HANDWRITTEN DATE: 8/22/2008, SHEET 1 OF 3, JEFFREY H. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDIVISION / (FP-08-016) Page 1 of 4 MCALLISTER", Kuna Victory 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 Jenny Veatch, Assistant City Planner for the Planning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 7, 2008, listing 12 SITE SPECIFIC REQUIREMENTS/FINALPLAI and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 7 pages, and by this reference incorporated herein, and the response letter from Richard Kinder, Toothman-Orton Engineering Company, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDMSION / (FP-08-016) Page 2 of 4 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NNGS 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 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDIVISION / (FP-08-016) Page 3 of 4 By action of the City Council at its regular meeting held on the of (~('~c~~.r , 2008. Attest: Clerk Copy served upon Applicant, Attorney. ~~ day By: ``~~~~„<<-~~„~,,,,,, Tammy erd ``````~~~~~ pf 11~~i9,,~~~Mayor, ~ of Meridian dear 2 ., .~ ~o - SEAL ~~~ ts~ •/_, ,-rn iii, Public Works Department, and City Dated: ~ Q - 3 ~ -~ ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDIVISION / (FP-08-016) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Meeting Date: October 7, 2008 E IDIAN ~~~~~ TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator ~-s 208-898-5500 SUBJECT: Emerson Park Subdivision Request for Final Plat Approval of Emerson Pazk Subdivision Consisting of 5 Commercial Building Lots and 1 Common Lot on 4.8 Acres in a C-G Zoning District by Kuna Victory, LLC (File# FP-08-016J. 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, Kuna Victory, LLC, has applied for fmal plat approval of 5 commercial building lots and 1 common lot on 4.8 acres of land for Emerson Park Subdivision. The zoning district for the proposed subdivision is C-G (General Retail and Service Commercial District). Emerson Pazk Subdivision is located at 130 E. Victory Road, on the north side of E. Victory Road, approximately 238 feet east of S. Meridian Road, in Section 19, T. 3N., R. lE. The development is a resubdivision of a portion of Lot 4, Block 1 of Mussell Corner Subdivision, which was recorded in 2006 The subject site is the first phase of Emerson Pazk, which was approved on December 18, 2007 by the Meridian City Council. There aze 11 less lots shown in this area on the final plat than were shown on the approved preliminary plat. Even with the loss of the 11 lots, staff fmds that the submitted final plat substantially complies with the approved preliminary plat. An application for alternative compliance for the required 15-foot landscape buffer along E. Victory Road was submitted concurrently with the final plat application. As a condition of the Emerson Pazk Preliminary Plat, staff has reviewed and approved (September 30, 2008) the alternative compliance application submitted by the applicant (ALT-08-018). An application to amend the Mussell Corner development agreement (MDA-08-005) to reflect the conditions of approval of the Emerson Pazk preliminary plat has also been submitted concurrently with this application. The MDA application was also a condition of the Emerson Pazk Preliminary Plat. The staff report for MDA-08-005 will be heazd on October 28, 2008. Any terms of that amendment, if approved by City Council, shall also apply. Staff recommends approval of Emerson Park Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS FP-08-016 Emerson Park Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 1. Applicant is to meet all terms of the approved Mussell Corner development agreements (Instrument No.'s 104153422 & 106155843), annexation (AZ-03-038), preliminary final plat (PFP-03-007), and conditional use permit (CUP-03-071), and Emerson Park preliminary plat (PP- 07-014) and alternative compliance (ALT-08-018) applications for this subdivision. All applicable terms of any subsequent approvals on this site shall also apply. 2. If the City Engineer's signature has not been obtained by 12/18/09, 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. Revise or add the following note(s) on the face of the plat prepared by Toothman-Orton Engineering Company, stamped on 08/22/08 by Jeffrey H. McAllister, prior to signature of the final plat by the City Engineer: 7.) Revise to include Development Agreement Instrument No.s 104153422 and 106155843. 10.) Revise to include recorded public utility, drainage and irrigation easement number. 12.) Revise to include recorded ACHD roadway easement number. 13.) Revise to include recorded sewer easement number. 14.) Revise to include recorded cross access agreement easement number. *.) Depict the required 25-foot landscape buffer to an adjoining residential use on the east property line, on Lot 1, Block 2. *.) Depict the 10-foot landscape buffer easement along S. Holleran Place. *.) Add a note(s) to the face of the plat addressing the ownership and maintenance responsibility of all landscape buffers and easements. 5. The landscape plan, prepared by Toothman-Orton Engineering Company, and dated 8/06/08 is approved with the following changes: a) Add the lawn/grass symbol in the planting schedule. b) Depict the lawn/grass of the 2M Building site detail. c) Depict the required 25-foot landscape buffer to an adjoining residential use on the east property line. d) Depict the natural pond on Lots 2 and 3, Block 1. 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. 6. The open water pond on Lots 2 and 3, Block 1, shall have recirculated water and shall be maintained such that it does not become a mosquito breeding ground (UDC 11-3B-9C.6). 7. .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. 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. FP-08-016 Emerson Park Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 8. The required 25-foot landscape buffer on the east property line shall provide a mix of vegetative materials and shall result in a barrier that allows trees to touch at the time of maturity (UDC 11- 3B-9). 9. No trees shall be allowed in the public utility, drainage and irrigation easements. 10. 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. Pe»etier~eg 1. ~~ 1. 4 ~~ .~ 4L. 4 .~ 4 eke no ..~l...:~ai«~ :L.. ~ r+1.~......1..~~..: n:i.« Y ar 11. 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. 12. 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 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. 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. 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 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 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 shall 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 FP-08-016 Emerson Pazk Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 determined during the plan review process, prior to signature on the final plat. 8. 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. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 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. Trees associated with the approved retail nursery shall not be subject to mitigation. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. 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. 13. 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. 15. The applicant's 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. 16. 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 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 Emerson Park Subdivision (FP-08-016) with the above stated comments and conditions. FP-OS-016 Emerson Pazk Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Ezhibits 1. Submitted Final Plat 2. Submitted Landscape Plan FP-08-016 Emerson Park Subdivision FP.doc PAGE 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submitted Final Plat ~ ~ _... _ TT pp1~~~aes //,,~~te~~e~n~{~~ .~. ~*I~~ *-q~~ ~~ ~p~ax~~r~a~~o~r'~* ~~~~s r~~~y~-4~,~$~~joc~x /i~.$n~~~,y*s~ye t,~~~ +lJa\rri8A:~9./ .65~ sTf~YY el J.aLf~ ~~ 1~~J1o0fV1'A 7c II~ i~iClV~7~ll~ 07 ~Va~+R~ iK3i~F'1~F+ aF x~Inu~r~ Ana cols, mA~~ 208 as ~, 1 -.. -dmww.~i ~~~ wu:=:.ww i ,~ `~ ~ e ~ ~ .~ m iQ ~~ ~ ~~br ,~ t'~ I ~ ~ ~ .. ~ ~ ~ ,.,_~ ~~ 1 ~,.~, ? ~ ~. `" 1 ~ - - ; ~ ~, p i~ ~ ~ ~~~ ~ 'v ~rr~ + m+sa ~ F t r M~Rn Wh ' ~' f ~ ~ ~e y t~~mm ~ ~ ~t ~ ~ t ~ ~ oioac i ~ a ! ~~ ~ Q ~g@ nY ma ~.~° a a~u y ~ - -.~ :_. ~~ i ~Vl.~7L IiLL`1n:~7itY1`lw t x E ?~~_y@~~/~YI~Gtl~A~gy11C `~ ri ilt0-+~0.~Iflt14'll'1 a t +a .' ,mac ~~~ eao ^ m ~~~ ~~ ~ ~ ! ~ ~~, x b rae am N ~ --! . b~ q as ,~ ee.x rv~ cmw~ ~~ - mm - - . FP-08-016 Emerson Park Subdivision FP.doc ~ PAGE 6 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submitted Landscape Plan ~~ ~ ~ ~ ~ ~~ ~.m ~ ~ ~ ,. 8 #~ tlv~ ~. ~ _ ~ _ _ ~~,. i ~, ~ i _ a ' I ~ ~ ,. 1~ a}~ ' ~Y+ ~ r '. .Cf~p.,~ ' t?i ~ J P,' ~-'~ ~ ,,'~sr~f / i~ l !~ 'J ~ t ~ - . Af ~ t L ~-. ~ a>wMm ._. ~ _ A ..w® PH686.1 18fl~8pjN8 P1d6 c...rs~-rr_c :~. ~eQ ' - -' - -_ - - ~~~ dM ~~~, ~w.>,e.,a PJ46 •<l~Y s(.~\ ~MYw r', as a~. Grp ~~ ®W, '~'WM~ a: ewy 4waj c~°~v~W~oi~4sm 7 r n i~ vmR~~~aasaw~ nwiarm+* i , y~ ~~ ~ PI av Y ~ r/ b : ~ ~~ / ,~ I ~ ' ~f fp: " Idti "" ~ j. ,.~~ ,6 A ~~r' a p d ¢ ~ d f ~ ~ ® ~ ~! f~~ ~~ I ~. ~ ~ _L.~ T~ ,. ± '+' ~ PI., o t ~~ ~t1 1 i ~ , I 9!Y Zr~ b CA 1~1(Ye 1 II r~i r ~' , ~ -_ r.- a ~'F- { ~{Y~4 ' -I e~"JI~.,~~~ 8 mIC r .. FP-08-016 Emerson Pazk Subdivision FP.doc PAGE 7 .terfnifer Veat~ctt Prom: Iflndet iitoh C1lcind~toertgroo.camj ttenf: Friday, t~abirr 03.2t'ittti i 1 `.17 AM To: Jsnnifar YeBtc~ Cc: ch~lar€ey.c~n t~ecx RE: Emerscn Park FP Staff Report Jenne, VVe appreciate _yaur effmta a~ v-~rking with us do the Emess©a Park Subdivision. We are in receipt of ttic staff veport for the i~inal plat ~l accept the conditions eonta:iaed within r~~ith the e~tception of item ~ZO regarding t'enciag the east prog+erty. As previou.~ip discussexl with you? wreinicnd on:$ravidu~ ~t landseaPe buffer in acetrrdanre with U1~C 11-38-~, t~awever are nol grossing to Fence the prop~y dine. 'lfian&a again and pletise estli if ynu have r:riy questions. Rich Ruder ph 2ti&323-22fl$ cell 2t)8-fi31-9653 From: Jennifer Veatch [mailto ~rteatchC~inertdiancitlror9J Send Thurr~ay, t"hto~r tit, ZOfl$ 3:43 FNt to: Holman; Tyra Green; MacheNe Hill; 7®d Balydd; Biil Nary; Mitl~ile Altse~on l:~ KBnder, liid:; G Caleb Hoex! Sitls~eele Emerson Park FP Staff ttepcut Please flrssi attached a csspy of tare fl-ra! plat staff report ftfr Emerson Park Subdivision t`FP OS-t31S), 17ris item is soheduled to tie on tPte City Counc~t agem9a on t'3t~obar ~-, 2t~. The publiameeling will be held at Cit)- Hall, 33 E. Idaho Avenue, l~ginnin8 at 7.t~ pm. Please rx~ll or email with arty questions. Ridt. please submit a wriYt+en response to the staff report to ms-prior to the Counr.~ meEting on August 12, 20D8. Thank you, ~ea~eAt issiatazet rite 4"lud~er 4tcridi~n -'lamaias,l~eP~samea- GG1D E. C4"atertrn+,~ 1.~ne, uvit~'J1H ~t, m s~~a ~~S.BE~3,S5?,~ 2i4A.~3l3,6SSA (Eas} S~E&~l~~;ute7titiiar~rity~aa~ 1'19Irtk C4ttxm ple3Be dts n9fl Art1R ENfs Sat~U uflkSB3 i18Cfi~3 ~~fvi]~~