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Paramount Square FP-15-020BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY (20) COMMERCIAL BUILDING LOTS AND ONE (1) MULTI -FAMILY RESIDENTIAL BUILDING LOT ON APPROXIMATELY 31.95 ACRES OF LAND IN THE C -G AND R-40 ZONING DISTRICTS FOR PARAMOUNT SQUARE SUBDIVISION BY: BRIGHTON INVESTMENTS, LLC APPLICANT HE, DATE: JUNE 23, 2015 CASE NO. FP -15-020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on June 23, 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: 1. The Final Plat of "PLAT OF PARAMOUNT SQUARE SUBDIVISION, LOCATED IN THE SE ''/a, SECTION 25, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2015, HANDWRITTEN DATE: 5/21/15, PATRICK ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SQUARE SUBDIVISION (FP -15-020) Page I of 3 A. TEALEY, PLS, SHEET 1 OF 3," 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 June 23, 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 Michael Wardle, a true and correct copy of which is attached hereto marked "Exhibit 13" 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 PARAMOUNT SQUARE SUBDIVISION (FP -I5-020) 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 2015. Attest: qeo A uGpy � z =Go moo, City of N cee FI a °"=' City ClerkSEAL V1111",,6 't at ASVP��- By: GG1--61 . (2 City of Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: �1_ Dated: _}-1 b''/ 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SQUARE SUBDIVISION (FP -15-020) Page 3 of 3 EXHIBIT A Paramount Square FP-15-020 PAGE 1 STAFF REPORT HEARING DATE: June 23, 2015 February 25, 2014 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP-15-020 – Paramount Square I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for final plat approval consisting of twenty (20) commercial building lots, one (1) multi-family residential lot on approximately 31.95 acres in the C-G and R-40 zoning districts. II. STAFF RECOMMENDATION Staff recommends approval of the Paramount Square 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-15-020 as presented in the staff report for the hearing date of June 23, 2015, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP-15-020, as presented during the hearing on June 23, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-15-020 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 the northwest corner of N. Meridian Road and W. McMillan Road, in the SE ¼ of Section 25, Township 4 North, Range 1 West. (Parcel No. S0425449800) B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Suite #200 Boise, ID 83713 C. Owner: Same as applicant EXHIBIT A Paramount Square FP-15-020 PAGE 2 D. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer Drive, Suite #200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts twenty (20) commercial building lots and one (1) multi-family residential building lot on approximately 31.95 acres of land in the C-G and R-40 zoning districts. All of the proposed lots comply with the dimensional standards of the C-G and R-40 zoning districts per UDC Table 11-2B-3 and UDC Table 11-2A-8. The only landscaping required as part of the development is the 20-foot wide landscape buffer adjacent to N. Price Avenue and E. Ensenada Drive and the 25-foot wide landscape buffer adjacent to N. Meridian Road and W. McMillan Road; the landscape buffers must be installed with the subdivision improvements in accord with UDC 11-3B-14B.3. The internal open space and site amenities proposed for Lot 1, Block 3 (file #CUP-15-002) will be reviewed for conformance with a future certificate of zoning compliance and administrative design review application. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat. The submitted final plat has two (2) fewer commercial building lots than the approved preliminary plat. Because the number of buildable lots are allowed to decrease and still remain in conformance with the approved preliminary plat, staff finds the proposed plat to be in substantial compliance as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previous applications approved for this site (AZ-03-006; CUP-03-008; RZ-15-001; PP-15-002; CUP-15-002 & DA #’s 103137116 and 113083665). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of the City Engineer’s signature on the final plat (April 22, 2017) 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 Tealey’s Land Surveying, stamped on May 21, 2015 by Patrick A. Tealey shall be revised as follows: a. Note #9: Include recorded instrument number 113083665. b. Notes #1, 2, 11, 12 &13: Insert instrument numbers. c. The permanent landscape buffers depicted on the south and west boundary of Lot 1, Block 3 (multi-family lot) shall be on a common lot and maintained by an owner’s association in accord with UDC 11-3B-7C2.a. Add a note to the plat that references the common lots and the responsible party for maintenance of said lots. 5. The landscape plan prepared by KM Engineering, dated May 14, 2015, shall be revised as follows: a. The common lots as noted in site specific condition of approval 4c. above must be landscaped in accord with UDC 11-3B-7C. The street buffers shall be measured from the back of curb. These buffers must be installed prior to the City Engineer’s signature on the final plat in accord with UDC 11-3B-14B.3. EXHIBIT A Paramount Square FP-15-020 PAGE 3 b. Install the landscape buffers adjacent to N. Meridian Road and W. McMillan Road as proposed. All street buffers shall be measured from the back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four feet (4’) to back of curb. The revised plan shall depict the ultimate right-of-way (future curb location) as anticipated ACHD to ensure the required 25-foot landscape buffer is being provided in accord with UDC 11-3B-7C. c. Construct a 20-foot wide landscape buffer on the north boundary of Lots 1 and 6, Block 1 in accord with UDC 11-3B-7C. The street buffer shall be measured from the back of curb. d. Construct the landscape buffers adjacent to N. Dyver Avenue; W. Archerfield Street and N. Elsinore Avenue as proposed. These buffers may be constructed at the time of lot development in accord with UDC 11-3B-14B.3. e. If the unimproved street right-of-way along N. Meridian Road and W. McMillan Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority’s five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. Submit two (2) full size copies of the revised landscape plans with the aforementioned changes prior to City Engineer’s signature on the final plat. 6. All fencing installed on the site must be in compliance with the provisions in CUP-03-008, 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 CZC and administrative design review approval and record the final plat prior to applying for a building permit for any and all structures within this development. 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. A Street Light Plan will be required with the submittal of the civil construction plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 . The street light locations shown on the development plan submitted with the Final Plat do not meet standards. The lights will need to be located in front of the detached sidewalk per Improvement Standard Drawing 6G. Trees shall be placed no closer than 10' from street lights per Drawing 6G. The light spacing along Meridian and McMillan roads also does not meet requirements. 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. EXHIBIT A Paramount Square FP-15-020 PAGE 4 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. 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. EXHIBIT A Paramount Square FP-15-020 PAGE 5 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. 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. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP-15-002) EXHIBIT A Paramount Square FP-15-020 PAGE 6 C. Proposed Final Plat (dated: 05/21/2015) D. Proposed Landscape Plan (dated: 05/14/2015) EXHIBIT A Paramount Square FP-15-020 PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Paramount Square FP-15-020 PAGE 8 Exhibit B – Approved Preliminary Plat (PP-15-002) EXHIBIT A Paramount Square FP-15-020 PAGE 9 Exhibit C – Proposed Final Plat (dated: 05/21/2015) EXHIBIT A Paramount Square FP-15-020 PAGE 10 Exhibit D. – Proposed Landscape Plan (dated: 05/14/2015) EXHIBIT A Paramount Square FP-15-020 PAGE 11 EXHIBIT A Paramount Square FP-15-020 PAGE 12 Bill Parsons From: Mike Wardle <MWardle@brightoncorp.com> Sent: Thursday, June 18, 2015 11:17 AM To: Jaycee Holman; Jacy Jones; Machelle Hill Cc: David Turnbull; Jon Wardle; Bill Parsons; Blake Alder; Amanda McCurry Subject: Paramount Square final plat staff report for 06/23/2015 CC MTG All, We have reviewed the Paramount square (FP -15-020) final plat staff report, with its project analysis and recommended conditions of approval. We concur with those conditions and recommendations, and request City Council approval by "consent" at its June 23rd meeting. We will be in attendance to respond to Council questions. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208287.0512 I Cell 208.863.6150 From: Bill Parsons[mailto:bparsons@meridiancity.org] Sent: Wednesday, June 17, 2015 8:25 AM To: Bill Nary; Ted Baird; Jacy Jones; Jaycee Holman; Machelle Hill; Mike Wardle; Jon Wardle Subject: Paramount Square final plat staff report for 06/23/2015 CC MTG Attached is the staff report for the proposed Paramount Square final plat application (FP -15-020). This item is scheduled to be on the Council agenda on 06/23/15. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike - Please submit a written response to the staff report to the City Clerk's office (jholman@meridiancity.orp, mhitt@meridiancity.orQ, jjones@meridiancity.orQ) 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 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. Note: 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, AICP Planning Supervisor Community Development Department 33 E. Broadway Avenue 1