HomeMy WebLinkAboutDevon Park FP 03-033 OrderBEFORE THE MERIDIAN CITY COUNCIL
C/C 06/24/03
C/C 07/08/03
IN THE MATTER OF THE )
APPLICATION OF FAIRVIEW )
LAKES, LLC FOR APPROVAL OF )
FINAL PLAT FOR DEVON PARK )
SUBDIVISION, LOCATED ON THE )
NORTH SIDE OF FAIRVIEW )
AVENUE, APPROXIMATELY''/x A )
MILE WEST OF LOCUST GROVE )
ROAD, MERIDIAN, IDAHO )
CASE NO. FP-03-033
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code § 12-3-7 on June 24, 2003 and continued until July 8, 2003, and the Council
finding that the Administrative Review is complete which has included certain comments as
stated in a letter to the Mayor and Council from Sonya Allen Planner I for the Planning and
Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Anna Powell
Planning Director for the Planning and Zoning Department, and Doug Tamura, commented at the
hearing, 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 DEVON PARK SUBDIVISION / (FP-03-033)
Page 1 of 6
The Final Plat of "DEVON PARK SUBDIVISION NO. 1" as evidenced in Plat
bearing: "DEVON PARK SUBDIVISION NO. 1, The Southwest''/4 of the Southeast''/4 of
Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada
County, Idaho. 2003, 02129SD1.DWG 5/2/03, SHEET 1 of 3, HANDWRITTEN DATE: 7
MAY 03, ANDERSON-DAVID & ASSOCIATES, INC.", Fairview Lakes, 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 Bruce Freckleton, Engineering Technician III,
and Sonya Allen Planner I for the Planning and Zoning Department, dated: City Council Date:
July 8, 2003, listing 27 Conditions of Approval -Final Plat, a true and con•ect copy of which is
attached hereto marked Exhibit "A", and consisting of five pages, and by this reference
incorporated herein, and a July 1, 2003 letter from Doug Tamura pertaining to the project, a true
and correct copy of which is attached hereto marked Exhibit "B", and consisting of two pages,
and by this reference incorporated herein, and the additional requirements from the action of the
Council taken at their July 8, 2003 meeting as follows, to-wit:
1.1 Per Council action at their July 8, 2003 meeting CONDITIONS OF
APPROVAL -FINAL PLAT condition number 19 shall be deleted
in its entirety, number 3 and number 6(d.) shall be revised and shall
now read as follows:
CONDITIONS OF APPROVAL -FINAL PLAT
3. Street signs are to be in place, water system shall be
approved and activated, pressurized irrigation system
approved and activated, drainage lots constructed, fencing
installed, and road base approved by the Ada County
Highway District prior to applying for building permits.
All development improvements, including fencing, micro-
paths, and irrigation, shall be installed and approved prior
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR DEVON PARK SUBDIVISION / (FP-03-033)
Page 2 of 6
to obtaining certificates of occupancy. The frontage
landscaping along E. Fairview Ave., N. Retail Ave. and E.
Carol Street is required to be landscaped prior to the City
Engineer's signature on the final plat. All remaining
landscaping required with this plat shall be installed prior to
issuance of a Certificate of Occupancy on each individual
lot. A letter of credit or cash surety in the amount of 110%
will be required for all fencing, landscaping, pressurized
irrigation, sanitary sewer, water, etc., prior to signature on
the final plat.
6.(d) One additional tree will be required to go inside the project
along the northwest boundary and shall be placed at
applicant's choosing. (Per action of the City Council at
their July 8, 2003 meeting.)
1.2 Comply with the Meridian Fire Department's requirements as
follows:
Commercial occupancies will require afire-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants
shall be placed an average of 400' apart. 1997 UFCAppendixIII-A
2. The fire department requests that any future signalization installed
as the result of the development of this project be equipped with
Opticom Sensors to ensure a safe and efficient response by fire and
emergency medical service vehicles. This cost of this installation is
to be borne by the developer.
3. Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian
Fire Department. The proposed fire hydrant locations will be
submitted to the Public Works for plan review.
5. All roads and fire lanes shall have a fuming radius of 28' inside and
48' outside.
6. All access roads within the prof ect shall have a clear driving surface
with a minimum width of 20' available at all times. The typical
street width of 33' will be allowed to have pazking on both sides.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR DEVON PARK SUBDIVISION / (FP-03-033)
Page 3 of 6
The typical street with a minimum width of 29' will be required to
have restricted parking to only one side. UFC 902.2.2.1
7. Operational fire hydrants and temporary or permanent street signs
are required before combustible construction begins. UFC 901.4.2
& 901.3
8. The phasing plan may require that any roadway greater than 150' in
length that is not provided with an outlet shall be required to have a
turn around.
1.3 The Central District Health Department requires after written
approval from the appropriate entities aze 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 stormwater be
pretreated through a grassy swale prior to dischazge to the
subsurface to prevent impact to groundwater and surface water
quality; that engineers and azchitects 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 Idaho Cities And Counties. Prepared by the Idaho
Division Of Environmental Quality, July 1997.
2. Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, May 2000.
1.4 The Applicant submitted a revised Landscape Plan dated 7-1-03,
and which Plan is approved.
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR DEVON PARK SUBDIVISION / (FP-03-033)
Page 4 of 6
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
guazanteeing the completion of off-site and required on-site
improvements.
NOTICE OF RIGHT TO REGULATORY TAHINGS 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 may be filed.
By action of the City Council at its regulaz meeting held on the O ~~ day of
0 2003.
By: r
OB RT D. CORRIE
Mayor, City of Meridian
Attest: ~ `\\pglnuurrgrq/
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William G. Berg, Jr., y rk vG ~~
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR DEVON PARK SUBDNISION / (FP-03-033)
Page 5 of 6
Copy served upon Applicant, the Planning and Zoning Department, Public Works De~ar~tment,
and City Attorney. \\`~~~~~ p¢ MEI;j~,9
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR DEVON PARK SUBDIVISION / (FP-03-033)
Page 6 of 6
gIUB OF TREASURE VALLEY
MAYOR - ~ A GOad Pt8C0 t0 L1Ve - - LEGAL DEPARTMENT
Robert D. Came 7N-~ 7 N (208) 466-9272 ~ Fax 466-4405 -
CITY COUNCIL MEMBERS ~~~~ OF ~ ~ •~~l~l ~ - PUBLIC WORKS
33 EAST IDAHO BUILDING DEPARTMENT
Tammy deWeerd - - (208} $98-5500 ~ Fax 887=1297 -
-Keith Bird - - - MERIDIAN, IDAHO 83642 - - - -
Cherie McCandless - - (208) 888-4433 ~ FAX (208) 887-4813 - ~ - PLANNING AND ZONING
City Clerk Office Fax (206) 888-4218 _ DEPARTMENT
William L.M. Nary - - ~ (208) 884-5533 ~ FAX 888-6854
STAFF REPORT: City Council Date: July 8, 2003
To: Mayor, City Council and Planning & Zoning Commission ~ ~v ~ ~ "~"~ ~~ l y
G'R
From: Sonya Allen, PlannerI i~-1 )~si~ '° ~ ~~~~
Bruce Freckleton, Senior Engineering Tech ~ tJi~, r ~f 1'v? es~daa3±
ii£y:~lark Gffice
Re: Devon Park Subdivision No. 1 (REVISED COMMENTS)
• Final Plat Approval of Seven (7) Commercial Building Lots on 1431 Acres in
the C-N and C-G Zones, by T-ra~r~-amass ~Ees (File No. FP-03-033).
Y ~'~ 'v
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modi£ed or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant, Tamura and Associates, has applied for Final Plat approval of the first phase of
Devon Park Subdivision, a seven (7) lot commercial subdivision on 14.31 acres of land, located
on the north side of Fairview Avenue, approximately 1/z a mile west of Locust Grove.
The City of Meridian recently approved a planned development on this piece of land (Fairview
Lakes) that consists of a mix of commercial and high density residential uses. The proposed final
plat is a subdivision of the commercially zoned land within the planned development.
Block 3 of the proposed final plat is inconsistent with the approved preliminary plat. The
approved preliminazy plat shows 4 lots on Block 3 and the final plat also shows 4 lots, however,
the lot configurations have changed. The applicant submitted a letter dated May 15, 2003, stating
that he is aware that it is inconsistent and that no development will be allowed until a detailed
conditional use (planned development) is approved. If the new detailed planned development is
denied, the applicant must re-plat Block 3 of this subdivision to be consistent with the approved
preliminary plat.
The applicant has also submitted a letter dated July 1, 2003, requesting that they be allowed to
landscape the frontage along E. Fairview Ave., N. Retail Ave., and E. Carol Street at this time
with Phase I, along with the construction of the roads. The applicant is requesting to construct
the remainder of the required landscaping for Devon Park Subdivision No. 1 as the construction
l ` ( % ~ N Q i ~ 1 Q.LI ~ Devon Park Subdivision..FP
Mayor & City Council
Transmittal Date: 7uly 2; 2003
Page 2
phases are built. They would like to landscape Lot 1,-Block 2, in conjunction with the
construction of the office buildings in.construction phase II and landscape. the required buffer
along Settlers Village, including Lots 3 & 4, Block 3, upon construction of the commercial
development in construction phase I II. They are also proposing to landscape the required 20'
buffer on the west boundary of the property adjacent to the mobile home park and the buffer
along the existing commercial development (Lots 1 & 2, Block 1) upon conshuction of the
commercial development in construction phase IV.
LOCATION
The property is located on the north side of Fairview approximately a %2 mile west of Locust
Grove Road.
SURROUNDING PROPERTIES
North: The Willows Subdivision zoned R-8.
South: Commercial property zoned C-G and R-8 (a car lot).
East: Settlers Village and a car wash zoned CG and R-8.
West: A mobile home pazk and commercial property zoned R-8 and C-G
SPECIAL CONSIDERATION
Meridian C ity C ode (12-5-3 a nd 12-5-4) s totes t hat a 11 d evelopment i mprovements,including
fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to
obtaining certificates of occupancy. As noted in the summary, the applicant is requesting a
waiver from this requirement. Staff is in agreement with the proposed phasing of landscape
improvements. If City Council approves the applicant's request, condition No. 3 below will
need to be modified accordingly.
CONDTIONS OF APPROVAL -FINAL PLAT
1. Applicant shall meet all terms of the approved Preliminary Plat, and Conditional Use
Permit. -
2. The pressurized irrigation system within this development is to be owned and maintained
by the Nampa Meridian hrrigation District. The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water. If a creek or well source
is not available, asingle-point connection to the culinary water system shall be required.
If a single-point connection is utilized, the developer shall be responsible for the payment
of assessments for the common areas prior to signature on the final plat by the Meridian
City Engineer.
EP-03-03J ~~ / i R./! I ~~ 4 ~~ ~ O~~ Ikwn Park Subdivision .FP
Mayor & City Council
Transmittal Date: July 2, 2003
Page 3
3. ~ S~ eet signs are tq be in place, watt
~,- .~~d''~ ,~ im ation system a`Rproyed and ac6
. ~ road ase approved ~ y the Ada Cc
system shalltbe approved
i r~ ~ ~ V 3 penni All develop ent improveme~
Y~,lc~,~.~ ,/ landsca ing shall be in talled and apps
A letter o credit or cash urety in the
L~~ landscapin pressurized i ~gation, say
final plat.
Highway 'strict
s, including nci~
ed prior too ai
mount of 110%
ar sewer, water,
pnor to
be
activated, ressurized
fencing ins~lled, and
pplying for uilding
- aths, in-igati r; and
fi tes of occup ncy.
luir d for all lent g,
pnor to ignature on e
4. Applicant shalt coordinate with the Parks & Recreation Department on the dedication,
maintenance, and timing of construction of the public footpath. The pathway must be
located within a minimum 20' wide easement dedicated for a public pedestrian access.
The easement shall be noted on the plat.
5. Fencing shall be constructed in conformance with Meridian City Code 12-4-10.
6. The Landscape Plan dated 7-1-03 (SD5.7), prepared by Tamura & Associates is approved
as submitted with the following exceptions:
a) Four additional street trees are required along Fairview Avenue adjacent to Lot 1,
Block 1, per the requirement of one tree per 35' lineal feet.
b) Five additional street trees are required along Fairview Avenue adjacent to Lots 1
& 2, Block 3, per the requirement of one tree per 35' lineal feet.
c) Two additional street trees are required along Fairview Avenue adjacent to Lot 3,
Block 3, per the requirement of one tree per 35' lineal feet.
~~1~ d) One additional tree will be required adjacent to the east boundary of Lot 1, Block
~e~~f 1, per the requirement of one tree per 35' lineal feet.
e) Additional trees will be required in the landscape buffer adjacent to the mobile
`~j71W~~~ home park and adjacent to Settlers Village per MCC 12-13-12-3B.
„yam '~3 f) If "blue fescue" is planted in a required buffer, the plant size must be 2 gallon.
1 ~ g) Applicant s hall s ubmit 3 c opies o f a r evised 1 andscape p fan t o t he P fanning &
Zoning Department prior to signature on the final plat.
7. Applicant will be responsible to construct the sewer and water mains to and through this
proposed development, thereby making them available to adjacent properties.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
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
signature on the final plat per Resolution 02-374.
9. Any drainage areas (detention/retention basins) must be designed to ensure that water is
retained only during 100-year storm events, and for a period of time not to exceed 24
hours. Side slopes within drainage areas shall not exceed 3:1.
FP-0}D]] / ~,` ~ f ~' ~ f` /--/ " ~ O~ ~ Devan Pak Subdivision .FP
Mayor & City Council
Transmittal Date: July 2, 2003
Page 4 -
10, Staff s faiiure to cite specific ordinance provisions or terms of the approved preliminary
plat, conditional use permit or development agreement does not relieve Applicant of
responsibility for compliance.
11. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the aiea being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irriga6on/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
12. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
13. Two-hundred-fifty watt (250w), high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. Street light contractor to obtain design and permit from the
Public Works Department prior commencing installations.
14. 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.
15. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
16. Coordinate fire hydrant placemenYwith the City of Meridian's Water Deputy Fire Chief
and the Public Works Department.
17. Provide sidewalks in accordance with MCC 12-13-10-8.
18
Correct the landscape buffer notes so that they accurately depict the landscape buffer
width as 30', rather than 35' as indicated on the plat within Lot 1, Block 1.
fR-03-D3] C,„ I r•~ , ~ ~v /--~ ~~ -~ ~~sJ Devon Park Subdivision .FP
20. Across access easement shall be recorded for this subdivision. A copy of the recorded
easement shall be submitted to the City of Meridian prior to signature on the final plat.
Mayor & City Council
Transmittal Date: July 2, 2003
Page 5
21. All the ponds within the-subdivision shall be circulated or otherwise managed to avoid
stagnant water that may become a nuisance per MCG.
22. All signage within the subdivision shall be subject to a Planned Sign Program. Approval
of a Planned Sign Program will be required prior to construction of any signs within this
subdivision.
23. All uses proposed on lots created by this subdivision will be subject to approval as
conditional uses per the approved c onditional use permit (File No. CUP-02-014) for a
planned development.
24. Please add or revise the following plat notes:
1. Eliminate either note 7 or 8, they are identical.
2. Add a note to the plat referencing the instrument number of the recorded cross
access easement.
3. Revise plat note 10 to reference the previously approved access to E. Fairview
located in the south-east comer of Lot 2, Block 3.
4. Add a note to the face of the plat referencing that the subdivision is subject to the
conditions of approval of the approved conditional use permit (File No. CUP-02-
014)
5. Add a note to the plat that the landscape buffers adjacent to the public streets
shall be maintained by the Business Owners Association.
25. Please add distance dimensions across the north end of the N. Retail Avenue right-of--way
at the subdivision boundary.
26. Adjust easement widths to provide a minimum of 5-feet of easement beyond the
centerline of any pressurized irrigation mains.
27. To maintain flexibility within the building sites on the lots in Block 3, the applicant has
proposed to not install the sewer main that would provide service to Lots 2 and 3, until
such time as plans are completed for the development of Lot 1. The Public Worlcs
Department supports this proposal completely. The applicant has acknowledged that they
understand that in order to record their final plat, sanitary restrictions will remain in force
on Lots 2 and 3.
RECOMMENDATION
Staff recommends approval of the final plat, with the above stated continents and conditions.
FP-03-033
/'~' 4 Oevan Park Subdivision FP
July 1,2003
Planning & Zoning Department
City of Meridian
660 E. Watertower
Meridian, Idaho 83642
RE: Devon Park I Final Plat
824 E. Fairview Avenue
Meridian, Idaho
Dear Sonya:
rte :tom
.. ~ ~ ~t ,
a ~~~
"'~t; f'f l'v5 ei'c1iaT~
amity ~'lerk'iiffice
In regards to the above referenced project, please review the following information for
your consideration in response to the conditions of approval for the final plat.
Devon Park I subdivision was submitted to accommodate the future right of way taking
for the public streets. I expanded the subdivision to include the future commercial lots. I
understand that our zoning approvals consist of only conceptual approvals, a detailed
conditional use will be required before any building pemuts will be issued. The only
exception is Lot 1 Block 2, we have a detailed conditional use approval to construct three
office buildings.
Please review the attached landscape plan and the letter dated August 12, 2002 in regards
to the landscaping for Devon Park I subdivision. It was my understanding that the
landscaping required for the Devi,n Park I would include the frontage along Fairview and
along the public street frontages. We aze currently negotiating with two of our
commercial anchor tenants, fhe location and size of the buildings may change from the
conceptual approval. We are planning on submitting for detailed.approval in the neaz
future. The landscape buffering around the commercial.development would potentially
have to be partially removed to allow for fixture. construction. I would like to requesf that
our landscape buffering as required be installed in phases to accommodate future
planning changes and construction:
1. Phase I would include the Fairview Avenue frontage, North Retail Avenue
and East Carol Street. The work would be completed along with the
construction of the"roads. We-would like to stag work in July 2003.
2: Phase II would include Block 2 Lof 1 in conjunction with the construction of
the office buildings.. Construction to begimin August 2003.
3. Phase III would include the required buffering along Settler's Village that
would include Lots 3 and 4 in Block 3 of Devon Park. The work would be
completed upon construction -of the commercial development, Construction to
begin Spring of 2004.
{ t`` ~~.~ Tamura
t, & Associat¢s
499 Main Street
,'"w Boise, Id. 83702
- (208).343-.2931
4. Phase N would include the required buffering-along the mobile home park
and the existing commercial development along the west property line of Lot
2 Block 1..The work would be completed upon construction of the
commercial development. The width and design of the buffer may change to
accommodate the different uses proposed. Any changes in design will be
addressed in the detailed conditional use application.
Because of the current economic times I would like the ability to request a time extension
for bht' Phase III and IV if necessary. Please contact me if you need any additional
info tion,,~
A ~f