Scentsy Commons Subdivision FP-14-040BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF SEVEN (7)
COMMERCIAL BUILDING LOTS
ON 60.73 ACRES OF LAND IN THE
I -L, L -O, AND C -G ZONING
DISTRICTS FOR SCENTSY
SUBDIVISION
BY: HOT1, LLLP
APPLICANT
HEARING DATE: NOVEMBER 18, 2014
CASE NO. FP -14-040
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on November 18, 2014 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, 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 SCENTSY COMMONS SUBDIVISION, A
PARCEL BEING A PORTION OF LOT 1, BLOCK 6 OF GEMTONE CENTER
NO. 5, AND A PORTION OF THE SE'/4 OF SECTION 8, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO,
2014, HANDWRITTEN DATE: 9/23/14, CLINTON W. HANSEN, PLS, SHEET
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SCENTSY COMMONS SUBDIVISION FP -14-040
Page 1 of 3
1 OF 5," is conditionally approved subject to those conditions of Staff as set forth
in the staff report to the Mayor and City Council from the Planning and
Development Services divisions of the Community Development Department
dated November 18, 2014, a true and correct copy of which is attached hereto
marked "Exhibit A" and by this reference incorporated herein, and the response
letter from Dave Yorgason, a true and correct copy of which is attached hereto
marked "Exhibit B" 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:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SCENTSY COMMONS SUBDIVISION FP -14-040
Page 2 of 3
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, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the OW day of
'2014.
Attest:
`
it, O;
I.AHo
ee 110mr
City Clerk
By�
Tammy eerd
Mayor, of Meridian
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
By:
Dated: I \' o)(o /1 q
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SCENTSY COMMONS SUBDIVISION FP -14-040
Page 3 of 3
EXHIBIT A
STAFF REPORT
HEARING DATE: November 18, 2014
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
(;iQ/E IDIAN 2014
IDANo ;
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP -14-040 — Scentsy Commons Subdivision
I. APPLICATION SUMMARY
The applicant, HOTL 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.
H. 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, HOTL LLLP
2701 E. Pine Street
Meridian, Idaho 83642
C. Owner:
Same as applicant
Scentsy Commons Sub FP -14-040 PAGE 1
EXHIBIT A
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. 111052691) 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-4132 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
EXHIBIT A
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 11-613-7.
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
11-313-7C.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 the building site 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. Staffs 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 for Lot 7, the property shall be subdivided
and a driveway constructed in alignment with Hickory from Pine Street to Commercial
Street for emergency access.
VH. 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
EXHIBIT A
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 (ACED) 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 ACRD. 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
EXHIBIT A
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
Exhibit A — Vicinity Map
Scentsy Commons Sub FP -14-040 PAGE 6
EXHIBIT A
Exhibit B — Approved Preliminary Plat (dated: 10/9/12)
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C. O NS. U LT I;NG
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November 17, 2014
Honorable Mayor and City Council
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
RE: rp-14-040: Scehtsy Commons Subdivision Final Plat — Response to Staff Report
Dear Mayor and Council,
As the applicant's representative for Hot 1 LLLP, please accept this response to the staff report for the
Scentsy Commons Final Plat. Though we agree with most of the conditions of approval, we respectfully
request the following changes and /or clarifications to the staff report.
Change Site Specific Condition #6 "... temporary construction fencing to contain debris shall be
installed around this phase the building site prior to release of building permits for this subdivision."
Reason for change: as temporary construction fencing will be used, in lieu of permanent
fencing, fencing should be installed at the time of construction for each commercial building.
Temporary construction fencing should be Installed "around the building lot" (and not the
entire phase) atthe time of each building permit.
Change Site Specific Condition #9 :— "Prior to the issuance of any new building permit for Lot 7, the
property shall be subdivided and a driveway constructed In alignment with Hickory from Pine Street to
Commercial Street for emergency access."
Reason for change: secondary emergency access is already available to the lots along Eagle
Road. A driveway access should be built on Lot 7 prior to'a building permit for Lot 7 as that is in
the western area of the development. We discussed this change with the Fire Department.
Additional clarification - as there are no plans to construct any new buildings in the near future, we
request that bonding for fencing or any other improvements (including driveway) not be required in
order to obtain the City's signature on the final plat.
14254W. Battenberg Drive Boise, ID 83713 208.850.1070
We respectfully look forward to your approval of this final plat application with the requested changes
and clarification to the staff report. Please contact me if you have any questions..
Sincerely,
:Dave Yorgason
Tall Timber Consulting
208-850-1070
14254 W. Batten berg Drive Boise, ID 83713 208.850.1070