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Coleman Subdivision FP-15-002BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 5 COMMERCIAL ) LOTS ON 26.08 ACRES OF LAND ) IN THE C -G ZONING DISTRICT ) FOR COLEMAN SUBDIVISION ) BY: WALMART REAL ESTATE ) TRUST ) APPLICANT ) HEARING DATE: FEBRUARY 17, 2015 CASE NO. FP -15-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on February 17, 2015 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: The Final Plat of "PLAT SHOWING COLEMAN SUBDIVISION, LOCATED IN THE SE'/a OF SECTION 27, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 01/12/15, CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning and the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COLEMAN SUBDIVISION (FP -15-002) Page 1 of 3 Development Services Divisions of the Community Development Department dated February 17, 2015, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COLEMAN SUBDIVISION (FP -15-002) Page 2 of 3 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. n By action of the City Council at its regular meeting held on the Ol GGIt ✓� 2015. Mayor&rty of Meridian Attest: r% ayceelman City Clerk day of Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: Dated: p1 - a IQ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COLEMAN SUBDIVISION (FP -15-002) Page 3 of 3 STAFF REPORT MEETING DATE: TO: FROM: EXHIBIT A February 17, 2015 Mayor and City Council Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -15-002 —Coleman Subdivision I. APPLICATION SUMMARY IDAHO The applicant, Walmart Real Estate Trust, has applied for final plat (FP) approval of 5 building lots on 26.08 acres of land in the C -G zoning district. H. STAFF RECOMMENDATION Staff recommends approval of the Coleman Subdivision final plat based on the analysis provided below in Section V. M. PROPOSED MOTION Approval I move to approve File Number FP -15-002 as presented in the staff report for the hearing date of February 17, 2015, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -15-002, as presented during the hearing on February 17, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -15-002 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 on the northwest corner of N. Ten Mile Road and W. McMillan Road in SEI/4 of Section 27, Township 4 North, Range 1 West. (Parcel #SO427449821) B. Applicant: Walmart Real Estate Trust 2001 SE 10'h Street Bentonville, Arkansas 72712 C. Owner: Same as applicant D. Representative: Kent Brown, KB Planning Coleman Subdivision - FP -15-002 PAGE 1 EXHIBIT A 3161 E. Springwood Drive Meridian, Idaho 83642 V. STAFF ANALYSIS The proposed final plat depicts five (5) commercial building lots on 26.08 acres of land in a C -G zoning district. All future development within this subdivision must comply with the dimensional standards of the C- G zoning district listed in UDC Table 11-213-3. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11 -6B -3C.2 and found the number of buildable lots is the same. Therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC 1. The applicant shall comply with all applicable conditions of approval associated with this site (Development Agreement Instrument No. 110051282, RZ-08-004, CZC-13-047 and PP -14-016). 2. The final plat prepared by Land Solutions, stamped on January 12, 2015 by Clinton W. Hansen, shall be revised as follows: a. Graphically depict a permanent dedicated 25 -foot wide landscape buffer adjacent to W. McMillan Road and N. Ten Mile Road and a 20 -foot wide landscape buffer adjacent to N. Vicenza Way, per UDC 11-313-7C.2. b. Include a note on the face of the plat stating all street buffers shall be maintained by the property owner or business owners' association in accord with UDC 11-313-7C.2. c. Notes # 7 and 10: Insert instrument numbers. 3. The applicant shall comply with the landscape plan approved with CZC-13-047 as attached in Exhibit D. 4. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 5. A reciprocal cross -access agreement shall be recorded for all commercial lots within the subdivision in accord with UDC 11-3A-3. All lots within the subdivision shall have the right to use all the access points approved with this application (N. Ten Mile Road, W. McMillan Road and N. Vicenza Way). A copy of the recorded agreement shall be submitted to the Planning Division prior to the City Engineer's signature on the final plat. 6. All fencing installed on the site shall comply 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. The applicant shall obtain the City Engineer's signature on a final plat within two years of City Council approval of the preliminary plat (by December 30, 2016), in accord with UDC 11-6B-7. 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 submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Coleman Subdivision - FP -15-002 PAGE 2 INKUWKWI 10. Prior to applying for building permits for Lots 1, 2, 4 and 5, Block 1, the applicant shall obtain the Planning Division's approval of a certificate of zoning compliance and design review application. Future development shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines contained in the City of Meridian Design Manual. 11. The City of Meridian owns and operates a reclaimed water system along the Ten Mile Road frontage of this parcel. Applicant shall coordinate with the Public Works Department on the connection to this system for the provision of primary source landscape irrigation water. 12. Lot 3 is currently receiving sanitary sewer service via a temporary private lift station that pumps back to the internal sewer system serving the rest of the development. When permanent sewer service is available to the west, the applicant shall be required to discontinue their temporary pumped service and convert to permanent gravity service. Applicant shall be responsible for all costs associated with the decommissioning of the temporary pumping station and associated service appurtenances. 13. 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 has agreed to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a Recycled Water Use Agreement with the City of Meridian. VII. ONGOING CONDITIONS OF APPROVAL 1. 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. 2. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11 -3A -I1. 4. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. VIII. PROCESS CONDITIONS OF APPROVAL 1. 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. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 4. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. IX. 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 Coleman Subdivision - FP -15-002 PAGE 3 EXHIBIT A 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. 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 Planning Department staff, 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, 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 11-12-311. 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. Coleman Subdivision - FP -15-002 PAGE 4 EXHIBIT A 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. 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 prepared by an Idaho Licensed Professional Land Surveyor, 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 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. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 09/16/14) C. Proposed Final Plat (dated: 1/12/15) D. Approved Landscape Plan Coleman Subdivision - FP -15-002 PAGE 5 R. l Exhibit B — Approved Preliminary Plat (dated: 09/16/14) o -a �u arw ua �arvKx ca�.nfnri �•��:famseaerraaar^•- �1V\ nnsn.m . Www � � .'i °'I = ail _ •�� � I u _.�_ �' �".._e. Coleman Subdivision - FP -15-002 PAGE 7 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 1/12/15) OLEMAN SUBDIVISION LOCATED IN THE SY2 OF THE SEY OF SECTION 27, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2015 BOOK_, PAGE_ Egkw x �Su2r �Khx�wm xl ln6 w mwmvuile o ran.+wwwwwouwwr e rnuVnrznwwr — tf[NNINE uww�wuae wrwr ______. ws mrrN�vi':wvunWn,aNw —..—..— mmwxu><wr.rwamuwE NOTES "w._'�.nI awmum of ���w..Yw.xxmw.�o ao��xnr o �wauov�nrnanuaawawm �wx �""'an rn'm'R+:'mmx'eu°wwu.N. u�unrmcourm�rbi�. �,w.wr�mru�mr� m °war 4 ainnSolutlons land Survtyirg and Consulting NrIRtV1�0r µN] I.Q= 1� ml uxuz) SHEET 1 OF 3 Coleman Subdivision - FP -15-002 PAGE 8 EXHIBIT A Exhibit D —Approved Landscape Plan Coleman Subdivision - FP -15-002 PAGE 9 Bill Parsons From: kept brown <kentlkb@gmail.com> Sent: Thursday, February 12, 2015 12;40 PM To: Bill Parsons cc: Bill Nary; Ted Baird; Machelle Hill;1acy Jones; Jaycee Holman Subject: Re: Coleman final plat staff report for 02/17/15 CC MTG Bill my clients have reviewed the conditions and are in agreement with those conditions of approval for Coleman Subdivision trent Brown On Tue, Feb 10, 2015 at 4;50 PM, Bill Parsons <b arsons(tr�meridiancity ora> wrote: Attached is the staff report for the proposed Coleman final plat application (FP -15-002). This item Is scheduled to be on the Council agenda on 02/17/15. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or a -mail with any questions. Kent - Please submit a written response to the staff report to the City Clerk's office (iholman(Omerldiancity ora, mhiftmeddiancitv.ora, hones@meridiancity ora) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday, February 12, 2015 at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Mote: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, A1CP Planning Supervisor Community Development Department