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HomeMy WebLinkAboutDevon Park No 2 FP 03-055 OrdBEFORE THE MERIDIAN CITY COUNCIL C/C 10/07/03 '~ _ --IN- TTIE MATTER OF THE APPLICATION OF FAIRVIEW LAKES, LLC FOR APPROVAL OF 16 BUILDING LOTS AND 3 OTHER LOTS ON 10.17 ACRES IN A C-N AND R-40 ZONES FOR DEVON PARK II, LOCATED 824 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO CASE NO. FP-03-055 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the Ciry Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on October 7, 2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner I for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Ciry Council Date: October 7, 2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Steve Vogt, 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: 1. The Final Plat of "DEVON PARK SUBDIVISION NO. 2, ALL OF LOT 1, BLOCK 2, DEVON PARK SUBDNISION NO. 1 AND A PORTION OF THE SOUTHWEST '/ OF THE SOUTHEAST'/ OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 1 of 5 THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 2003, SHEET 1 OF 2, 03150SD1.DWG 9/04/03, HANDWRITTEN DATE: 8 SEPT 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: October 7, 2003, listing 35 CONDITIONS OF APPROVAL -FINAL PLAT, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their October 7, 2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department 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. 2. The fire deparhnent 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 emergencymedical service vehicles. This cost of this installation is to be borne by the developer. 3. Acceptance of the water supply for fire protecfion 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 turning radius of28' inside and 48' outside. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 2 of 5 6. All access roads within the project 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 parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 1.2 Adopt the Recommendations of the Central District Health Department as follows: 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 architects 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. 1.3 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District must have an agreement for all crossings, piping, encroaching, and discharge. The District also requires a PUIS Contract before this plat is acceptable to the District. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 3 of 5 1.4 Per action of the City Council taken at their October 7, 2003 meeting was as follows: The Final Plat dated September 8, 2003, with the signature date of the engineer, 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: 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 ofoff--site and required on-site improvements. 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 maybe adversely affected by this decision may, within twenty- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 4 of 5 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 ~C~Fa~~ , 2003. By ROBERORRIE Mayor, of Meridian ,`"`i»ulnunrrlrll lei Attest: `~.~~ y pF MEPyd~r . 'sir .~ '~ ~ ~. ` C)' \~pKPOgq T O ' - ~ _ -~9~~jr __ illiam G. Berg, Jr, Ci C e .p cGST isz 1~0 ~O ~~` ~O ~. Copy served upon Applicant, the ~~I~q fi~f~`ATi2~ ~i~}hg Department, Public Works Department, ~/!li fill lli111i Iq 1111111111 and City Attorney. ``\`lil~ ME/~j lr,, ' C)' pt~oRq .y ~~ rF0 BY' Dated: lO' ~'©~' L y o~ 0 '~ 9p Gc~T ist'~ P,r~, Z:\WorkVNlMeridianVNeridian 15360MIDevon Pazk P FP-03-OSSOrderFP.doc //,/~'~q BOUNTY , \0\ ~~~,~\ /rllll/1if 111111111 ~'1``` ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-055) Page 5 of 5 HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come O CITY OF MERIDIAN (208) 466-9272 • Fax 466-4405 CITY C UNGILMEMBERS PUBLIC WGRKB Tammy deWeerd 33 EA$T 1DA1-j0 BUILDING DEPARTMENT (208) 898-5500 ~ Fax 887-1297 Iceith Bird MERIDIAN, IDAHO 83642 Cherie MoCandless (208) 888-4433 ~ FAX (208) 887-4813 PLANNING AND ZONING William L.M. Nary City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 ~ FAX 888-6854 STAFF REPORT: City Council Date: October 7, 2003 To: Mayor, City Council and Planning & Zoning Commission R From: Sonya Allen, Planner I '~ Bruce Freckleton, Senior Engineering Tech Re: Devon Park Subdivision No. 2 • Final Plat Approval of Seventeen (17) Office/Apartment Building Lots and Two (2) Other Lots on 10.17 Acres in C-N and R-40 Zones, by Fairview Lakes, LLC (File No. FP-03-055). 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 modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Fairview Lakes, LLC, has applied for Final Plat approval of the second phase of Devon Park Subdivision, a seventeen (17) lot mixed use subdivision with two (2) common lots on 10.17 acres of land, located on the north side of Fairview Avenue, approximately 1/z a mile west of Locust Grove. The proposed 17 building lots consist of 16 commercial office lots and one residential lot with apartment buildings. The two common lots consist of parking and landscaping for the commercial area. The common lots will be owned and maintained by the Lot Owners Association. The landscape buffers adjacent to public streets shall be maintained by the Business Owners Association: The pressurized irrigation system will be owned and maintained by Nampa Meridian Irrigation District. The City of Meridian recently approved a planned development on this piece of land (Fairview Lakes, CUP-03-014) that consists of a mix of commercial and high density residential uses allowing fora 55,000 s.f. office park and a 96-unit apartment complex. The proposed final plat is a subdivision of the commercial and residential zoned land within the planned development. PP-03-055 EXHIBIT acAve 1 OF 5 Daan Park Subdivision No 2. FP Mayor & City Council Hearing Date: October 7, 2003 Page 2 The proposed final plat for Devon Park Subdivision No. 2 complies with the approved preliminary plat. The approved final plat for phase 1 included Lot 1, Block 2 which is now being re-subdivided as part of phase 2 and is now Lots 1, 2, 3, 4 and portions of Lots 13 & 5, Block 1. The applicant has also requested approval of two separate Certificate of Zoning Compliance applications to construct two of the three buildings originally proposed on Lot 1, Block 2. The proposed lot lines accommodate the appropriate setbacks for those structures. The early release of building permits on Lot 1, Block 2 was approved by MI-03-007. Staff recommends approval of Devon Park Subdivision No. 2 with the comments and conditions stated in this report. LOCATION The property is located on the north side of Fairview approximately a '/z 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 C-G and R-8. West: A mobile home park and commercial property zoned R-8 and C-G. CONDTIONS OF APPROVAL - FINAL PLAT 1. Applicant shall meet all terms of the approved Preliminary Plat, Conditional Use Permit(s), Development Agreement, and any other approvals pertaining to this development. 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa Meridian Irrigation 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. 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, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. PP-03-oss EXHIBIT "A" 2 OF 5 DevartParkS~bdivisiorthol,FP Mayor & City Council Hearing Date: October 7, 2003 Page 3 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. 4. Applicant shall coordinate with the Parks & Recreation Deparment 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 8-15-03 (SD5.8L), prepared by Tamura & Associates is approved as submitted. 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 will percolate or dischazge within a period of time not to exceed 24 hours for all storms up to and including a 100-yeaz storm event. Side slopes within drainage areas shall not exceed 3:1. 10. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 11. 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 maybe used for non-domestic purposes such as landscape irrigation. 12. 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 aze at street intersections and/or fire hydrants. Final design locations and quantity aze 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. 13. Compaction test results must be submitted to the Meridian Building Department for all Fe-03-ass EXHIBIT "A" 3 OF 5 Owon Park Subdivision No 2. FP Mayor & City Council Hearing Date: October 7, 2003 Page 4 building pads eeceiving engineered backfill, where footing would sit atop fill material. 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations aze set a minimum of three feet above the highest established normal groundwater elevation. 15. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 16. Provide sidewalks in accordance with MCC 12-13-10-8. 17. 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. 18. All the ponds within the subdivision shall be circulated or otherwise managed to avoid stagnant water that may become a nuisance per MCC. 19. 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. 20. All uses proposed on lots created by this subdivision will be subject to approval as conditional uses per the approved conditional use permit(s) (File No.'s CUP-02- 014/CUP-03-014) for a planned development. 21. Revise plat to indicate size and location of landscape easements and label as such. MCC 12-13-10-3 requires that all street buffers be on a common lot, however, in this case, staff recommends the applicant be allowed to show the landscape buffer in an easement. 22. Revise the situate statement in the upper right corner of the plat to read: ~ A re- subdivision of Lot 1, Block 2... 23. Add distance dimensions to the west and east (below Clarence Street), boundary of Lot 18, Block 1. 24. Add right-of--way width dimensions to Clazence and Teaze. 25. Add North, South, East , or West designations to all noted roadways. 26. Add "UNPLATTED" notation adjacent to the west boundary. 27. Add "RPOB" notation to the face of the plat. 28. The sum of the segment dimensions along the north and south sides of Lot 19, Block 1, don't match the overall distance shown. FP-o3-055 EXHIBIT "A" 4 OF 5 Devoe Park Subdivision Nv 2.FP Mayor & City Council Hearing Date: October 7, 2003 Page 5 29. Correct the 5/8" pin symbol locations in the area of "Detail A." 30. There are numerous locations where the bearings, and or distances shown along the boundary, or in the curve table, don't match the corresponding lines in the Certificate of Owners. Please correct to match. 31. Add (Typical) notation to the easement note shown on Lot 19, Blockl. 32. Add "5.00 foot wide public utility easement (typical)" notation to the easements shown along the north side of Lot 1, Block 1. 33. Add the Roads and Easements dedication, and Domestic Water Service Origin statements to the Certificate of Owner. 34. Please add or revise the following plat notes: • Revise note #6 to include Lot 1 as a common lot. • Delete note #9, as this note is irrelevant. • Revise note #10 to include the instrument number of the recorded cross access easement. Also, revise the spelling of "easement". • Revise note #11 to also include File No. CUP-03-014. 35. Staff s failure 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. RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP-03-055 ~"'[~111J~11 "A" 5 OF 5 Deva~Pazk Subdivision Na 2.FP