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Staff Report CCSTAFF REPORT HEARING DATE: November 18, 2014 TO: FROM: SUBJECT: Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 0 E IDIAN*--2014 IDAHO Bruce Freckleton, Development Services Manager 208-887-2211 FP -14-040 — Scentsy Commons Subdivision L APPLICATION SUMMARY The applicant, HOT1, LLLP, has applied for final plat approval of 7 commercial building lots on 60.73 acres of land in the I -L, L -O and C -G zoning districts for Scentsy Commons Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Scentsy Commons 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 City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-040 as presented in the staff report for the hearing date of November 18, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-040, as presented during the hearing on November 18, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-040 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3001 E. Commercial Street & 2701 E. Pine Avenue at the southwest corner of N. Eagle Road and E. Pine Avenue, in Section 8, T. 3N., R. 1E. B. Applicant: Sam Johnson, HOT I, LLLP 2701 E. Pine Street Meridian, Idaho 83642 C. Owner: Same as applicant Scentsy Commons Sub FP -14-040 PAGE 1 D. Representative: Dave Yorgason, Tall Timber Consulting, LLC 14254 W. Battenberg Drive Boise, Idaho 83713 V. HISTORY A portion of this site was rezoned (RZ-07-010) from I -L to C -G in 2007 as part of the Pinebridge development. A development agreement was required with the rezone, recorded as Instrument No. 108022893. A preliminary plat (PP -07-008) was approved that incorporated the subject property. A variance (VAR -07-007) for access to SH 55/Eagle Road via Commercial Street, a private street, was also approved. A variance for direct access to SH 55/Eagle Road midway between Pine Avenue and Commercial Street was also requested but later withdrawn. • A Corporation Warranty Deed (Inst. #0107000563) was recorded in 1988 which granted an approach to SH 55/Eagle Road. • In 2008, the Idaho Transportation Department (ITD) approved a variance to upgrade the existing access on Eagle/SH 55 to a right-in/right-out commercial approach under Encroachment Permit 03-08-319. The access was required to be centered between Pine Avenue and Commercial Street and have a right turn deceleration lane southbound on Eagle Road. • On November 16, 2010, the ITD encroachment permit was transferred to the current owner of the property (see Exhibit A.7, permit #3-11-135). The permit states the access via Eagle/SH 55 is approved with the distance from the nearest approach 440 feet from Pine Avenue and 432 feet from Commercial Street. • A development agreement modification (MI -10-010) (Instrument No. 1 1 1 05269 1) was approved in 2010 that separated the Scentsy owned portion of the Pinebridge development from the original development agreement. • A variance (VAR -10-002) to UDC 11 -3H -4B2 to allow one right-in/right-out access to/from the site via Eagle Road/SH 55 midway between Pine Avenue and Commercial Street was approved in 2010. • A preliminary plat (PP -12-012) was approved for this property on December 18, 2012. VI. STAFF ANALYSIS The proposed final plat depicts 7 commercial building lots on 60.73 acres of land in the I -L, L -O and C -G zoning districts. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be consistent with the approved preliminary plat as required by UDC 11 -6B -3C.2. All of the street buffer landscaping has already been installed on the site. Landscaping within the buffers was approved by staff with previous applications except for the western vacant parcel. The applicant has submitted an as -built plan for that parcel (see Exhibit D). Staff has reviewed the plan and finds it in compliance with the standards for street buffers listed in UDC 11 -3B -7C. Scentsy Commons Sub FP -14-040 PAGE 2 VII. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (RZ-07-010; MI - 10 -010; Development Agreement Inst. #111052691; VAR -10-002; PP -12-012) applications for this subdivision. 2. The applicant shall obtain the City Engineer's signature on the final plat on or prior to December 18, 2014, within two years of the City Council approval of the preliminary plat; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped on September 23, 2014 by Clinton W. Hansen shall be revised as follows: a. Landscape buffers along streets are required to be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association, per UDC 11-3B-7C.2b; graphically depict the buffer on the plat and include a note in regard to maintenance responsibilities. A 25 foot wide buffer is required along E. Pine Avenue, a minor arterial street, and a 35 foot wide buffer is required along N. Eagle Road, an entryway corridor. 5. The as -built landscape plan prepared by Syringa Landscape Craftsmen, dated November 2013, is approved as shown in Exhibit D. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Applicant shall coordinate with the Community Development Department to provide any as -built construction plans that were not previously submitted for sanitary sewer and water infrastructure serving this development. All as -built plans shall be submitted and approved prior to receiving the signature of the City Engineer on the final plat. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit, the property shall be subdivided and a driveway constructed in alignment with Hickory from Pine Street to Commercial Street for emergency access. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Scentsy Commons Sub FP -14-040 PAGE 3 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by the Planning division, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. 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. 16. The applicants 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 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. Scentsy Commons Sub FP -14-040 PAGE 4 17. 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. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. 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 responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 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 irrigation 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. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 10/9/12) C. Proposed Final Plat (dated: 9/23/14) D. As -Built Landscape Plan (dated: November 2013) Scentsy Commons Sub FP -14-040 PAGE 5 Exhibit A — Vicinity Map , ra r ar i—I F� Scentsy Commons Sub FP -14-040 PAGE 6 E Exhibit B — Approved Preliminary Plat (dated: 10/9/12) CUT IM018VII I SCENTSY COMMONS SUBDrVISION u .nun t/' or Sglp-,, lei Scentsy Commons Sub FP -14-040 PAGE 7 - 4-1j, gy- till nmftw jp M.aigr Mlle Scentsy Commons Sub FP -14-040 PAGE 7 - 4-1j, gy- nmftw jp Scentsy Commons Sub FP -14-040 PAGE 7 Exhibit C — Proposed Final Plat (dated: 9/23/14) A PARCEL NR40 AVORTX)N Oi LOT I. NO. S. AND A FORIM OR THE $9 % 2014 " V' • C•J 7 18b . 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