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HomeMy WebLinkAboutSeyam Subdivision FP-09-008BEFORE THE MERIDIAN CITY COUNCIL C/C January 26, 2010 IN THE MATTER OF THE APPLICATION OF RONALD W. VAN AUKER, FOR FINAL PLAT APPROVAL OF 8 BUILDING LOTS ON 38.94 ACRE5 OF LAND IN C-G & I-L ZONING DISTRICTS FOR SEYAM SUBDIVISION, LOCATED ON THE NORTH SIDE OF E. FRANKLIN ROAD, APPROXIMATELY 1,000 FEET EAST OF N. EAGLE ROAD, IN THE SOUTHWEST '/ OF SECTION 9, T. 3N., R. lE. CASE NO. FP-09-008 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 January 26, 2010, and the Council finding that the Administrative Review is complete from Sonya Wafters, Associate City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 26, 2010, 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 SEYAM SUBDIVISION SITUATED IN THE SW '/ OF SECTION 9, T.3N., R.IE., B.M., ADA COUNTY, IDAHO 2009, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SEYAM SUBDIVISION / (FP-09-008) Page 1 of 4 HANDWRITTEN DATE: 12/9/09, SHEET 1 OF 3, WAITE LAND SURVEYING, LLC," RONALD W. VAN AUKER AND DEMEYER PROPERTIES, LLC, OWNERS, are 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, Development Services Coordinator for the Public Works Department, dated: Hearing Date: January 26, 2010, listing 9 SITE SPECIFIC CONDITIONS/FINAL PLAT and 24 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 11 pages, and by this reference incorporated herein, and the response letter from Cara Duskey, Munger Engineering, Inc, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, 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 SEYAM SUBDIVISION / (FP-09-008) Page 2 of 4 NOTICE OF FINAL ACTION AND 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 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 , 2010. By:~ Tammy ~~~,,,,~~~~~~~~~~~,, Mayor, Attest: ```\\`\~~y p~ MFG®~~~ ~~~''' Jaycee an, ity Clerl~ ~I' moo"' '~, ,9 `OP,.~` ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SEYAM SUBDIVISION / (FP-09-008) of Meridian Page 3 of 4 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SEYAM SUBDIVISION / (FP-09-008) Page 4 of 4 EXHIBIT A STAFF REPORT: Meeting Date: January 26, 2010 TO: Mayor and City Council E IDI~N%~' '~~~~ FROM: Sonya Watters, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP-09-008 -Seyam Subdivision I APPLICATION SUNIMARY & LOCATION The applicant, Ronald W. Van Auker, has applied for fmal plat approval of 8 commercial building lots on 38.94 acres of land for Seyam Subdivision. The land in the proposed subdivision is currently zoned C-G (General Retail and Service Commercial) and I-L (Light Industrial). The City Council approved the preliminary plat (PP-06-055) for Seyam Subdivision on February 6, 2007. The Director approved an 18 month time extension for the preliminary plat on February 4, 2009, which will expire on August 6, 2010 if the City Engineer's signature has not been obtained on the subject final plat. There are two structures that currently exist on the land proposed to be platted; one on Lot 4, Block 2 (Ashley Furniture), and one on Lot 4, Block 1 (multi-tenant building). These structures comply with the dimensional standards of the applicable district in which they lie and are proposed to remain. As a condition of approval of the preliminary plat, the applicant is required to provide a 10-foot wide landscape buffer along all I-L district boundaries that border non-industrial (C-G) districts to the south. With the subject final plat application, the applicant requests approval to vacate this condition. Because a zoning ordinance amendment was recently approved that no longer requires a buffer to non-industrial properties in the I-L district, staff recommends approval of the applicant's request to vacate this condition. Note: A condition of approval of the preliminary plat required the applicant to obtain approval of a rezone application to adjust the zoning district boundary lines along the northern boundary of Lot 3, Block 2 and Lot 3, Block 1 to coincide with the lot lines shown on the proposed preliminary plat; or, relocate the northern lot lines on the same lots to coincide with the zoning district boundaries. The proposed final plat depicts the lot lines adjusted to coincide with the current zoning district boundaries as required. II LOCATION The site is located on the north side of E. Franklin Road, approximately 1,000 feet east of N. Eagle Road, in the southwest % of Section 9, Township 3 North, Range 1 East. III STAFF RECOMMENDATION Staff has determined that the proposed fmal plat is in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C. Therefore, staff recommends approval of the Seyam Subdivision final plat, including the request to vacate the preliminary plat condition of approval that requires a buffer along all I-L district boundaries to non-industrial districts, subject to the conditions noted below in Exhibit E. IV EI~~ITS A Zoning & Aerial Map Seyam Subdivision FP.doc PAGE 1 EXHIBIT A B Approved Preliminary Plat C Proposed Final Plat D Proposed Landscape Plan E Conditions of Approval Seyam Subdivision FP.doc PAGE 2 EXHIBIT A EXHIBIT A -Zoning & Aerial Map 1 Seyam Subdivision FP.doc PAGE 3 EXHIBIT A E~~IT B -Approved Preliminary Plat (dated 8/22/06, prepared by Pinnacle Engineers, Inc.) PRELiblINARY PLAT FOR ,9T~Y9M 808D1tTlffiON ~ ¢ ~ ~i~mru ~ r.. CL=7a=GLI3~=Ct*7a-CLI7~=CrI]~=CLI7~~CLI]~=Ct7]7-C~T3~=CtS]~-CCI3~ ti o moa r mr ®R7/ cfI• iti pl! '~ ~r ue m~cwm 1 ~~ ea I ~ tlLQP! ti ffi[ ~ ~ ~ RI V ` 1~ ~' a~ ~i z ~aa~ 3 ~~ nL V ~_ `6 'lI Lll ~r2 Seyam Subdivision FP.doc PAGE 4 EXHIBIT A E~~IT C -Proposed Final Plat (stamped by Todd Waite, Waite Land Surveying LLC, on 12/9/09) Praroa+ ~" ~"~- SEYAM SUBDIV/Sl4N N LOCATED W TFIE SW 1!A OF SECTION 9. T.3N.. R.1E., ed~, ADA COUNTY, IDAHO YM/OM PAO/f/.O RR/LROAB 2tIB9 n N C m tr t N q s eraar ~ O d~s~ ~ O O ,rear i ~ V ~__-~qr - _. _. ______ A tP[ ~ ' B S si`I~ * e~ ss~c /t IMANtt/M d0~ •~rn'e roam 9 ~ R ~.aa a a W1AlTE lend w+va~ng, pc y cPJQW.fWBemp.iO Ci'Ri ~ 9%9~Ja.nt3r. 2PBy~yFm O sar ^o: mno~ ~ ~ ..... ..... m ws~ ~tIOL~ ~ . ..................... .... _ . ~ ... . . I Bi~ 0 tQI a Oqi t o 1110FgetR6te4 O ato~emmrtataen (+maw9 tDlmtaoearrmoo 0~ ttmaur1w~aa D s~aait~m bra © m~ ~~ ~ ~e~~~~~~ 0 --.- ® a uc~am at r ~ ~. m s®eov ___---___- eeue~ __ wevaeemaoem ae®ooaiocw~.aw~omm ~~ ~ gipg mr tsn a~em~rw Oarv-eqt a ~.~'o '~°i " 81ASEf f ~9 r~ sw® r . roar Seyam Subdivision FP.doc PAGE 5 EXHIBIT A EDIT D -Proposed Landscape Plan (dated 12/2/09, prepared by South Landscape Architecture) ~. Y - -__ i ~ ~ ~ SHEE'T' L 1 ~ ',i~ :~ r ~i~ ~t 1L. .~ t r"'9zj~9-' 9 b ~tii4;rQ5~ ?( al SHEET i.2.? ~ r~-` - tJtiJ]$CAPE PLAN " ~...~.~ w... wi.~.a R'C18r~ sreeaa~anw«. ® mruwynm° ~.~.~~ SIP ~liQ iw ~•~ A. ~~n sTeY1~W w 8178 BTATBTICe. mw ado ee ~ e'iL3oBt"~~mpy c Wmr~ C~~ Y~lN~ai6 F! m~MO w~•~we w. .~~.e.....~..e.. S 6~~mrre...~ "fz:r :.~.....,.w,_.q surrteo~ac ~..m~ym .may .~ +.- .,. rte, f,~v rss ~~~~ .'°. +s~ .» :~.~... ..~+ ... o ~,r aeu~wa eios'es ~~za~ r.~- a~. p` I„ ly B t Rtl V Seyam Subdivision FP.doc PAGE 6 EXHIBIT A I Y 4~'I IiII~ ;~l ~~ ` _ --~ :.~~~.- --~- I ~r~ ~ r ' 1 ~ w~~m ~ t .. h 6 1 ,~ K tone I y. IIYLd'UI III III1I~p'~// ~IiI1 `rte- 11~:...J Ii1II1I 1 1 _ ---- -- -- e - 1 i ~ ,~,~5 .,~'. ' '~4 ! ~ y 1~} 9~ ; ~ i ~ ~i a 1 ..~ l ,. ~~ ~, ~` I ~ ~ " ' d Iy t 0 _~-_~ ~-...._.._..~__..___-_ ~ { ~ _-_ _~ ~~ 1 1 1 1 1 ~~ ~-~' 4 ~+ I ~ ar I ~ 22 ~ ss i r C-i IDs[ ' ; ~r \"~"0~ l m Y YJ~IMI d3Kf1' Wi~a711~ff i ~ 1 , ~ RUC W WbzBUL @E 1 .~ , + _ ___ ~ ,: ~ ~ ~ ; ~~ 1 1 ; ~= ti ~ ~_~ ~ ,' "eb~.'rr~..e. ! ~1 ~1 I r ti , l ~ 1 .~ , ti ~ UI ~ ~ ~ . _, 1 ®~ ; ~.: 3 ;.O ~ ~ g' .. u ~ a' ~ 1 ' -~,~,~ w+~sca~ ~ p ~ s~ ss.o sos rsaNZ ea>®a~ ,.~.~...,., ~... ' ' ' ~ • L2 0 raxn~sr~ DI~aQ.~~ a~ NO 1 a ~8 . Seyam Subdivision FP.doc PAGE 7 EXHIBIT A - -i- - E :-r~~.,m '~ 4 I~1 Seyam Subdivision FP.doc PAGE 8 EXHIBIT A EX)~BIT E -CONDITIONS OF APPROVAL Site Specific Requirements 1 Applicant is to meet all terms of the approved rezone (RZ-04-012), preliminary plat (PP-06-055), and time extension (TE-09-005) applications for this subdivision. 2 If the City Engineer's signature has not been obtained on this fmal plat by August 6, 2010, the preliminary plat shall become null and void unless a time extension has been attained, as set forth in UDC 11-6B-7A. Revise the final plat, prepared by Waite Land Surveying, LLC, stamped on 12/9/09 by Todd R. Waite, prior to signature of the final plat by the City Engineer, as follows: a Include the recorded instrument numbers for the temporary turnaround easements shown at the east end of E. Lanark Street. b Change E. Lanark "Lane" to "Street", per the fmal street name evaluation dated 5/3/07. c Change "N." Franklin Road to "E." Franklin Road, per the final street name evaluation dated 5/3/07. d Change "N. Touchmark" to N. "Touchmark Way," per the fmal street name evaluation dated 5/3/07. Include a 10' wide landscape buffer easement along N. Gaudians Avenue on Lot 4, Block 1 and Lots 1 and 4, Block 2, in accord with UDC 11-3B-7C2b. f Revise note #2 as follows, "Direct lot access to Franklin Road is prohibited •* ^~~••^•~^"~•~ g Change the year of platting from "2009" to "2010." 4 Prior to issuance of any Cert~cate of Zoning Compliance (CZC), the final plat for this property shall be recorded, per requirement of the preliminary plat. 5 Revise the landscape plan, prepared by South Landscape Architecture, dated 12/2/09, submitted with this application, as follows: a Include the entire property proposed to be platted on the landscape plan and depict street buffer landscaping in accord with the standards listed in UDC 11-3B-7C for all lots within the subdivision. Where landscaping has already been installed, include landscaping details and note as such. b Depict a detached sidewalk along E. Franklin Road connecting to the attached sidewalk that currently exists, in accord with UDC 11-3A-17C. Three copies of a revised landscape plan consistent with the above-noted changes shall be submitted to the Planning Department prior to the City Engineer's signature on the final plat. 6 A detached sidewalk is required to be constructed along E. Franklin Road where none currently exists, in accord with UDC 11-3A-17C. 7 An attached sidewalk is required to be constructed along the south side of E. Lanark Street where none currently exists, in accord with UDC 11-3A-17. 8 The applicant will be required to extend services to Lot 2, Block 1 and Lot 3, Block 2 or provide easements covering both services prior to City Engineer signature on the final plat. 9 The City Council approved the applicant's request to vacate the preliminary plat condition that required a 10-foot wide landscape buffer alone all I-L district boundaries that border non- industrial (C-G) districts to the south; no buffer is required between the C-G and I-L districts. Seyam Subdivision FP.doc PAGE 9 EXHIBIT A General Requirements The applicant shall comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 2 The applicant shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 4 The applicant shall provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 5 The applicant shall comply with the sidewalk standards as set forth in UDC 11-3A-17. 6 The applicant shall install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11- 3B-SJ. . 7 The applicant shall construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C (streets) and 11-3B-9C (adjoining use). 8 The applicant shall construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 9 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 10 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 11 The applicant shall construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 12 Prior to issuance of Certificate of Occupancy, the applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement maybe accepted for other improvements in accord with UDC 11-SC-3C. 13 The applicant shall comply with all subdivision design and improvement standards as set forth in UDC 11- 6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 14 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the timely signature of the City Engineer or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 15 All required landscape buffers used for storm water integration shall comply with the standards as set forth in UDC 11-3B-11C. 16 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 17 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, fmal plat recorded and road base shall be Seyam Subdivision FP.doc PAGE 10 EXHIBIT A approved prior to applying for building permits. 18 A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 19 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 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. 20 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. 21 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. 22 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. 23 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. 24 Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Seyam Subdivision FP.doc PAGE 11 ~,„xH"~~ET ,pan NI LINGER ENGI~TEERINC~ , I1VC January 25, 2010 Sonya Wafters City of Meridian d60 W. Watettower Lane,. Ste. 202 Metidian,ldaho 83642 RE: Seyam Subdivision Final Plat Dean Sonya; ! have ~•eceived and reviewed the comments regarding the Seyam $ub~division Final .Plat. For ease of review C will address these comments in the order they are stated on your Letter. SITE SPECIRIC REQUIREMENTS Applicant is to meet all terms of the approved aanexation (RZ-44-412), preliminary plat (PF>06-055) and time extension (TE•••fl9•-0OS) forthis subdivision.. The applleartl/developersha/l eomply If'the City Engineer's signature has not been obtained on this fiinal plat by August 6, 2010, the preliminary plat shall become nail and void unless a time extension has been attained,. as set forth in UDC 11-dB=7A. The applJcd>rl/developer shall comply 3.. Revise the final plat, prepared by Waite Land Surveying, LLC, stamped on 12/9/09 by Todd R. Waite, prior to signature of'the final plat by the City Engineer, as follows: a Include the recorded instrument numbers for the temporary turnaround easements shown at the east end of E Lanark Street. b Change E. Lanark "Lane" to "S eet", per• the final street name evaluation dated 513/07 c Change "N." Franklin Road to "~," Franklin Road, per the final street Warne evaluation dated 513!07.. d Change "N. T'ouchmark" to N. "Touchmark Wav," per the final street name evaluation dated 513/07. e include a 10' wide landscape buffer easement along N. Gaudians Avenue on Lot 4, Block 1 and Lots I and 4, Block 2, in accord with UDC I I-3B-7C26. f Revise note #2 as follows, "Direct lot access to Franklin Road is prohibited r 4090 W.. State Street, Suite Z9 o Boise, Idaho 83703 o Phone (208) 426.8314 Fax (208) 4Z6-8319 ll; Change the year of platting From "2009" to "20l 0_" A!lrevisions will be made prior to signature by City Engineer 4. Prior to issuance of'any Certificate of'Zoning Compliance (CZC~ the lino! plat for this property shall be recorded, per requirement of'the preliminary plat. Noted the developer shall comply Revise the landscape plan, prepared by South Landscape Architecture, dated 12/2!09, submitted with this applica#ian, as follows: a Include the entire property proposed to be platted on the landscape plan and depict street buffer landscaping in accord with the standards listed in UDC l 1-313~7G for all lots within the subdivision.. Where landscaping has already been installed, include landscaping details and Hate as such.. b Depict a detached sidewalk along E. Franklin Raad connecting to the attached sidewalk that currently exists, in accord with UDC 11.3A-17C.. Three copies af'a revised landscape plan consfsterrt with the above-noted changes shalt be submitted to the Planning 1?epartrrrent ptfar to the Ciiy Enginee- ~ signature ort the f Hal plat., Noted, a revised landscape plan .shall be submitted to the Planning Department prier to slguatrxre by City Engineer. 6:: A detached sidewalk is required to be constructed along E:. Franklin Road where none currently exists, in accord with UDC 11-3A-17C. 1''he developer met wltlr ACRD regarding this reryuirement and ACHD is constructitrg the sidewalk improvements as part ajthe ~ranlrlin Road - Touc/rmrtrk to Five Mlle Road prnJect wl:ick !s. funded and movtrrg fonum•tl. 7.. An attached sidewalk is required to be constructed along the south side of 1: Lanark Street where none curraently exists, in accord with UDG 11-3A-1'i.. The developer shall comply B The applicant will be required to extend services to Lot 2, Block 1 and Lat 3, 81ock 2 or provide easements covering both services prior to City Engineer signature on the final plat. The developer shall comply Thank you for your time and consideration on this matter, please do not hesitate to contact Matt Munger or me if you have any questions. Sincerely, . ~~'!~ ~ ~ ~_~ Cara Duskey Project Coordinator 4440 W, State Streets Suite 29 O Boise, Idaho 8:3703 O Phone (208? 4zb-8314 Fax (208) 426-8319