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Findings for ApprovalBy action of the City Council at its regular meeting held on the I� day of A i n -le _ , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED_44Z COUNCIL VICE PRESIDENT KITH BIRD VOTED A`': , COUNCIL MEMBER DAVID ZAREMBA VOTED %a 2 COUNCIL MEMBER JOE BORTON VOTED 410 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED 4) L MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd C% n79nnu�,�, Attest:<° p, City Clerk mnxu SEAL �P a�'e. rains°A� Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: City Cldrk's O free--> CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). STIP-15-002 4- EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 1 STAFF REPORT HEARING DATE: June 2, 2015 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: SHP-15-002 – Newton’s Nook Subdivision No. 3 I. APPLICATION SUMMARY The applicant, Penwood III, LLC, has applied for short plat (SHP) approval of two (2) commercial lots on 0.20 acres of land in the L-O zoning district. II. STAFF RECOMMENDATION Based on the criteria noted in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. The Meridian City Council heard this item on June 2, 2015. At the public hearing, the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: Lance Warnick ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval I move to approve File Number SHP-15-002 as presented in the staff report for the hearing date of June 2, 2015, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number SHP-15-002, as presented during the hearing on June 2, 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. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 2 this matter. b. Newspaper notifications published on: May 11, and 25, 2015 c. Radius notices mailed to properties within 300 feet on: May 7, 2015 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 381 SW 5th Avenue in the NE ¼ of Section 13, Township 3 North, Range 1 West. (Parcel #R6051750010) B. Applicant(s): Penwood III, LLC P.O. Box 838 Boise, ID 83680 C. Representative: Lance Warnick, Aspen Engineers P.O. Box 205 Kuna, ID 83634 VI. STAFF ANALYSIS The proposed short plat depicts two (2) commercial lots on 0.20 acres of land in an L-O zoning district. The proposed plat is a re-subdivision of Lot 1, Block 1 of Newton’s Nook Subdivision. The existing landscaped parkway along the west boundary of SW 5th Avenue was installed with the construction of the Newton’s Nook Subdivision. It must remain protected during the construction on this site. The remaining landscaping along the street frontage (10 feet) will be installed with the development of Lot 2, Block 1. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat, conditional use permit and final plat (PP-05-022; CUP-05-030 and FP-05-068) for this subdivision. 2. Lot 2, Block 1 of Newton’s Nook Subdivision shall continue to provide access and shared parking to the proposed subdivision. 3. The final plat prepared by Sawtooth Land Surveying, stamped on April 24, 2015 by Carl Porter, shall be revised as follows: a. Prior to recording the plat: note #6 insert instrument number. b. Note #7 shall read as follows: The 10-foot wide permanent landscape buffer as shown on Lot 2, Block 1, shall be maintained by the Business Owner’s Association. 4. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 3 5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 6. Prior to applying for building permits for Lots 1 and 2, 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. 7. A street light plan shall be submitted and approved with the construction drawings. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 8. Applicant shall be responsible for the extension of sanitary sewer and water mains to provide service to the individual lots. 9. Applicant shall be responsible to provide as-built drawings for all new and existing sanitary sewer and water mains serving the subject development. VIII. 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. The existing landscaped parkway along the west boundary of SW 5th Avenue installed with the construction of the Newton’s Nook Subdivision must remain protected during the construction on this site. 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-11. 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. 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 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. EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 4 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. 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. 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 11-12-3H. 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. 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. EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 5 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. 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. X. EXHIBITS A. Vicinity Map B. Proposed Short Plat (dated: 04/24/2015) C. Required Findings from the Unified Development Code EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 7 Exhibit B – Proposed Short Plat (dated: 04/24/2015) EXHIBIT A Newton’s Nook Subdivision No. 3 - SHP-15-002 PAGE 8 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is L-O. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the L-O district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; The Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; The Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and The Council recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, the Council does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. The Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site.