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HomeMy WebLinkAboutUna Mas Subdivision FP-09-002BEFORE THE MERIDIAN CITY COUNCIL C/C April 7, 2009 IN THE MATTER OF THE ) APPLICATION OF UNA MAS, LLC, ) FOR FINAL PLAT APPROVAL OF ) 21 BUILDING LOTS ON 12.62 ) ACRE5 IN THE C-G ZONING ) DISTRICT, LOCATED AT 3475 E. ) USTICK ROAD, IN THE ) NORTHWEST '/ OF SECTION 4, T. ) 3N., R. lE. ) CASE NO. FP-09-002 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 April 7, 2009, and the Council finding that the Administrative Review is complete from Sonya Wafters, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Dates: March 24, and April 7, 2009, 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 UNA MAS SUBDIVISION, LOCATED IN A PORTION OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR UNA MAS SUBDIVISION (FP-09-002) Page 1 of 3 2009, STAMPED BY GERALD MARTENS, PLS, HANDWRITTEN DATE: 2/27/09, SHEETS 1-3, EHM ENGINEERS, INC.", Una Mas, 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 Sonya Wafters, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: Apri17, 2009 (Continued from March 24, 2009), listing 11 SITE SPECIFIC CONDITIONS/FINAL PLAT and 19 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 Denise Lauerman, EHM Engineers, 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 CONDTTIONAL APPROVAL OF FINAL PLAT FOR UNA MAS SUBDIVISION (FP-09-002) Page 2 of 3 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NGS 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. By action of the City Council at its regular meeting held on the day of , 2009. ,,,,,,,,~,~,,,,,~~ By~- ``,,~y pF 6~9E~®®'~%,~~~ ~~~~woRq rF ~'~' ~~°% Attest: SEAL = ~~ Jaycee loran, City Clerk';, -9~ T ~~~ . ~ ~O ~.~~ ,,~~ q ~Q. \``~. Copy served upon Applicant, t1i~~B,l1~~u'~,~+,d``Loning un City Attorney. By: Dated:_ ,-. ;'~'~i~~ Tammy ~e,Wd Mayor, ity f Meridian Department, Public Works Department, and ~~i -oq ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR UNA MAS SUBDIVISION (FP-09-002) Page 3 of 3 APPLICATION SiT1VIlVIARY & LOCATION The applicant, Una Mas, LLC, has applied for final plat approval of 21 commercial building lots on 12.62 acres of land for Una Mas Subdivision. The proposed subdivision is zoned C-G (General Retail and Service Commercial) and is located at 3475 E. Ustick Road in the NW % of Section 4, T. 3N., R. lE. The City Council approved the preliminary plat (PP-08-007) for Una Mas Subdivision on November 18, 2008. The applicant also received approval for the two private streets within this subdivision at that time. The preliminary plat is a re-subdivision of a portion of Government Lot 4. Note: A provision of the Development Agreement for the 4.92 acre property located along the east boundary annexed with AZ-OS-060 required all of the property to be included within the boundaries of a plat. The portion of this area where N. Ally's Avenue has been constructed is not included on the final plat as it is now right-of-way. STAFF RECOMMENDATION The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the Una Mas Subdivision Final Plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved development agreements (recorded as instruments #106137048 & #107026537), and annexation (Una Mas, AZ-OS-061 & ACRD Ustick Road Property, AZ-OS-060), and preliminary plat (PP-OS-007) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on this final plat by November 18, 2010, the preliminary plat shall become null and void. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepazed by EHM Engineers Inc., stamped on February 27, 2009 by Gerald Martens, prior to signature of the final plat by the City Engineer, as follows: a. Note #4: Add Development Agreement Instrument No. 107026537 b. Please define the easements graphically depicted on the face of the plat (i.e. private street, landscape buffer, etc.). c. Add note prohibiting access to the site from N. Ally's Avenue except for the three access points shown on the site plan approved with the preliminary plat. 5. The subject property shall be subdivided prior to issuance of any building permits. Una Mas Subdivision FP.doc PAGE 1 6. Revise the landscape plan prepared by Jensen Belts Associates, dated January 31, 2007, submitted with this application, to exclude the internal site improvements/landscaping shown on the southern portion of the site as it is not required with the subject final plat application. 7. 'The applicant shall submit applications for design review with each building Certificate of Zoning Compliance. The elevations and materials shall also be in substantial conformance with the elevations approved with the preliminary plat. 8. Development of this site shall substantially comply with the conceptual site plan approved with the preliminary plat. 9. 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. 10. 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. 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 ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 11. 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 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. 5. Play equipment shall be installed on Lot 2, Block 1, as depicted in Exhibit E. 6. 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. 7. The applicant shall provide a 20-foot easement for all public water/sewer mains new or existing, 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 Una Mas Subdivision FP.doc PAGE 2 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. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. 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. 14. 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 imgation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 15. 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. 16. 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. 17. The applicant's design engineer shall be responsible for inspection of all imgation 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. 18. 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. 19. Prior to signature on the final plat the applicant will be responsible to sign the urban contract to operate and maintain the pump station for pressurized irrigation with NMID. EXHIIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Una Mas Subdivision FP.doc PAGE 3 Ezhibit A -Vicinity/Zoning Map E i ~ R ~ 5 ~ ~ r- - ~ J;~ ~ t. - i w. u~u eu i~l ~ t k-? ~ i I - --~~ r ~ , R1 ~ ~ __ ~ ~ i ~ I' it ,~~; ~.~ ;~ ~.. rz R-15 _ i d' - R 3 ~ - __/l ~ ~ ~~ji _ ~ i2 2`~. I __ - - IL ~ r ° R~ ^ -~~ ~ _ ~ = -1 z~~ f . ~ ~' R ' ~ -' / ~_ ~J R ¢ ~ ~ _. ~ ,~. ~l C), _ - -¢~ ll C ~ ~ _ ,_ _ t'T.~ Una Mas Subdivision FP.doc PAGE 4 Ezhibit B -Approved Preliminary Plat [labeled Sheet C0.2, prepared by EHM Engineers, Inc., dated 1/25/OS (revised 3/6/08)] ~~ ,- p ~. !. ~_ ~ ~ ~ I , . ~., -.,: ~r ~ b: ~ I , I ~ i ~ . W i~ ~. ~ ~. -, ~ ~, ~ ~ i ~ ~. *w i h. 11 11 ~~ I~ ~__. ~^ ~. ~ gi~~3 1~1Jd B r. I ~`^, ~y ~. ~ Sri ~ ~. p.. .~ fit' ~ li ~~ ~ ~ . I ~ ~ 4 Ky ~ +~ ` ~~m ~ , ~ ~ i ~ i J-~ I ,~ ~ ~ ~!' ~, ~ J~ I --~ ~ ~~ ~~ ~, ~. .. ~ I I~ ~ rt I !I',, !,~ ~~_ r • ~ ®-... t~ ~ 4 i~ ~~~ 1 ~ ~~ ~ ~~ ~ ~.. ~~, Una Mas Subdivision FP.doc PAGE 5 Exhibit C -Proposed Final Plat sir- ~..~. ~ _ ~"`~ illy $90m G ~ Lek ~~) _ ..__.. i tae 4 ~ussc _i.~w~ ar - ~.e zrr +aao~ ~ w' .,., ~ ~s >~~ _ r.^ tats caws trpru Sari ,ifs. v~r '. e.... aA 9Y &r Sf '.. MRt ... SI A a1WW BYB+P! EIt$IttOat76 IRO. Una Mas Subdivision FP.doc PAGE 6 Ezhibit D Proposed Landscape Plan ~~ ~; ~. s. _ .,, ~ t .tee - ~ ~ ~ ~ ~ u ty` ~6 >~ r ~~ t ~~ .~ V ~_ _..- i,,;r~ _ `~ '' e ,' .~ ,- y,{ ~l ~f 1 ~r o ~ 7' - ~I ~. ~f ~ ~~ ~E ~ pa~i,~yi }^ ~~ tl~ s d ~' ~ d ~ ~ ~ dd Shy ~~~¢ i' ~~, I ~' +, ~ ' j rev ~ ~ ~ ~~ ~~ `` ~ - ~_ .; ~ ~ ~~ ~ .I lI '. ~~~ ~~~~` g~ jai .~ f?~ ~ ____ ~~~ I ~ wl I _ ~,._.._; ,~~. ~ ~ ~' ~ ~ ..., ,._. ~ m' ~ End 3~ ~ ~~ ,. 6j~'~r ~A a ~ - r ''ii yy w ~.: ~ _ ~~ ~ s s ~ L~ ~ T ~~ ~ ~ ~ r ~~ ~ ~$ ~ p~~aa `~ , ~~ ~ ~~ Y ~ r ¢ , i~ ~~ 4 ~ ~~ ~~~ , F ~' ~ ~ ~~ ~ - r E ~ ~ 4~ ~ j~~ ffi ~ ~~~~ ~ ~~ ~ # ~ ~ ~~# , E ~ ~ a ~ ~, ~ ~ < ~ _ ~~~r~ ' _., , ~ s `~ ~ ~t~ ® ® rYi ~~~ ~, - __ Y~'KA e31f"AP vY `gin .... ,..,.. twos, r... -r..- ~. Una Mas Subdivision FP.doc PAGE 7 Exhibit s From: Denise Lauerman [denise.lauerman@ehmengineers.com] Sent: Tuesday, March 31, 2009 3:37 PM To: Sonya Watters cc: Tara Green; Nancy Radford; ]aycee Holman; Machelle Hill; Peter Friedman; Gerald Martens Subject: RE: Una Mas Sub. FP Staff Report for 4/7 CC Mtg sonya & city clerk office of Meridian, The staff Report recommendations are acceptable to the owners of this project. If you have any questions please let us know. Thank you, Denise -------------------------------------------------------------------------------- From: sonya watters [mailto:swatters@meridiancity.org] sent: Monday, March 30, 2009 1:07 PM To: Gerald Martens; Denise Lauerman cc: Tara Green; Nancy Radford; 7aycee Holman; Machelle Hill; Peter Friedman subject: una Mas sub. FP staff Report for 4/7 cc Mtg Attached is the staff report for the proposed final plat for una Mas subdivision (FP-09-002). This item is scheduled to be on the City council agenda on April 7, 2009. The public meeting will be held at City Hall, 33 E. sroadway Avenue, beginning at 7:00 pm. Please call or a-mail with any questions. Gerald/Denise - Please submit any written response you may have to the staff report to the City Clerk's Office (greent@meridiancity.org, hillm@meridiancity.org, radfordn@meridiancity.org, & holmanj@meridiancity.org), and myself (e-mail or fax - 888-6854) as soon as possible. Thank you, sonya watters Associate City Planner city of Meridian - Planning Department 33 E. Broadway Avenue, suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax Page 1