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CC - Staff ReportDestination Place No. 3 – H-2017-0013 PAGE 1 STAFF REPORT HEARING DATE: March 7, 2017 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Destination Place No. 3 – H-2017-0013 I. APPLICATION SUMMARY The applicant, Fulbright Investments, LLC, has applied for short plat (SHP) approval of two (2) commercial lots on 1.77 acres of land in the C-G 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. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0013 as presented in the staff report for the hearing date of March 7, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0013, as presented during the hearing on March 7, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0013 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 this matter. b. Newspaper notification published on: February 17, 2017 c. Radius notices mailed to properties within 300 feet on: February 10, 2017 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1510 S. Celebration Ave., in the SW ¼ of Section 17, Township 3N., Range 1E. Destination Place No. 3 – H-2017-0013 PAGE 2 B. Applicant/Owner(s): Fulbright Investments, LLC 5275 N. Brook Field Place Boise, ID 83713 C. History: In 2004, the property received preliminary plat approval (PP-04-042) of the eighteen (18) commercial lots on 33.10 acres in the C-G zone. A subsequent final plat was recorded (FP-05- 014) in 2005. In 2016, a certificate of zoning compliance was approved (A-2016-0225) to construct a 6,200 square foot restaurant. VI. STAFF ANALYSIS The proposed short plat depicts two (2) commercial lots on 1.77 acres of land in a C-G zoning district. The proposed plat is a re-subdivision of Lot 2, Block 2 of Destination Place Subdivision. All lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11- 2B-3 for the C-G zoning district, as applicable. A 6,200 square foot restaurant is approved and proposed to be constructed on Lot 2A. Future development of Lot 2B will require the approval of a certificate of zoning compliance and administrative design review application prior to applying for a building permit. The existing 10-foot wide landscape buffer along the north and west boundaries of the site were installed with the construction of the Destination Place Subdivision, and meet the current landscape standards, except for the area in the northeast corner of Lot 2B. This remaining portion of this buffer may be installed at the time of lot development in accord with UDC 11-3B-14B.3. All other existing landscaping must remain protected during the construction on this site. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Short Plat (dated: 02/07/17) B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code Destination Place No. 3 – H-2017-0013 PAGE 3 Exhibit A.1 – Vicinity Map Destination Place No. 3 – H-2017-0013 PAGE 4 Exhibit A.2 – Proposed Short Plat (dated: 02/07/2017) Destination Place No. 3 – H-2017-0013 PAGE 5 Exhibit B. Conditions of Approval SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat, final plat and certificate of zoning compliance (PP-04-042, FP-05-014 and A-2016-0225) for this subdivision. 2. The final plat prepared by Sawtooth Land Surveying, stamped on 02/07/2017 by Carl Porter, shall be revised as follows: a. Lots 2A and 2B shall be numbered consistent with the Ada County Assessor Office standards. 3. 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. 4. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 5. Prior to applying for a building permit for Lot 2B, Block 2, 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 Architectural Standards. 6. Applicant shall be responsible for the extension of sanitary sewer and/or water services to each lot, and abandon any existing services that do not fall within design guidelines. 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 10-foot wide landscape buffers along the north and west boundaries of the site 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. GENERAL REQUIREMENTS 1. 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. 2. All development improvements, including but not limited to 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. Destination Place No. 3 – H-2017-0013 PAGE 6 3. 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. 4. 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. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. Developer shall coordinate mailbox locations with the Meridian Post Office. 7. All grading of the site shall be performed in conformance with MCC 11-12-3H. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 11. 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. 12. 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. Destination Place No. 3 – H-2017-0013 PAGE 7 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 C-G. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-G district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff 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; Staff 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; Staff 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 Staff recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff 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. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site.