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Bridgetower Crossing Subdivision No. 15 FP-10-001BEFORE THE MERIDIAN CITY COUNCIL C/C February 23, 2010 IN THE MATTER OF THE APPLICATION OF PRIMELAND INVESTMENT GROUP, LLC FOR FINAL PLAT APPROVAL OF 6 COMMERCIAL BUILDING LOTS AND 1 COMMON LOT ON 10.2 ACRES IN AN L-O ZONING DISTRICT LOCATED ON THE SWC OF MCMILLAN ROAD AND CINDER ROAD IN THE NE '/4 OF T. 4N., R. 1 W., SECTION 35 AND IS A RESUBDIVISION OF LOTS 15, 16, AND 17, BLOCK 36, BRIDGETOWER CROSSING SUBDIVISION NO. 11 ALONG WITH LOTS 43, 44, AND 45, BLOCK 32, BRIDGETOWER CROSSING NO. 12. CASE NO. FP-10-001 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on July 22, 2008, and the Council finding that the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: February 23, 2010, 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP-10-001) Page 1 of 4 The Final Plat of "PLAT SHOWING BRIDGETOWER CROSSING SUBDIVIS[ON NO. 15 LOCATED ON THE SWC OF MCMILLAN ROAD AND CINDER ROAD IN THE NE'/4 OF T. 4N., R. 1 W., SECTION 35 AND IS A RESUBDIVISION OF LOTS 15, 16, AND 17, BLOCK 36, BRIDGETOWER CROSSING SUBDIVISION NO. 11 ALONG WITH LOTS 43, 44, AND 45, BLOCK 32, BRIDGETOWER CROSSING NO. 12, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2010, HANDWRITTEN DATE: 02/01/2010, SHEET 1 OF 3, QUADRANT CONSULTING, INC.", PRIMELAND INVESTMENT GROUP, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bill Parsons, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor, for the Public Works Department, dated: Hearing Date: February 23, 2010, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 18 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Quadrant Consulting, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their February 23, 2010 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP-10-00] ) Page 2 of 4 The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water and run-off is not to create a mosquito breeding problem. 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: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash 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 interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP-10-001) Page 3 of 4 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of I'~~r , 2010 \\\~~.~~y OF M~P~~~' Attest: ;\\ ~~~'~~TFO ~ BEAL Z3 '.~~ day Tammy de Weerd -•_ Mayor-; City of Meridian ~~,~ `~ Jaycee lman City Clerk 'gyp t ~s~ • .rte ' '% q P ~' ,,~ ~,o~Y ~Q~`\,, Copy served upon Applicant, the Pla~'rri~g ~~~„~o`~hng Department, Public Works Department, and City Attorney. By: ~.~-- Dated: ~/ Z®/U ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 15 / (FP-10-001) Page 4 of 4 STAFF REPORT: Meeting Date: February 23, 2010 TO: Mayor and City Council E IDIAN:--- FROM: Bill Parsons, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP-10-001 -Bridgetower Crossing Subdivision No. 15 I. APPLICATION SUMMARY The applicant, Primeland Investment, LLC, has applied for final plat approval of 6 commercial building lots and 1 common lot on 10.2 acres of land for Bridgetower Crossing Subdivision No. 15. The subject property is currently zoned L-O (Limited Office District). The City Council approved the preliminary plat for Bridgetower Crossing Office Subdivision on March 18, 2008. The previous final plat containing 11 commercial lots and 1 common lot was approved on July 22, 2008. The applicant is now proposing a church for the southern portion of the plat and has submitted a new final plat that would eliminate 5 buildable lots as well as the local street (Loretta Street). A development agreement modification is also in process to modify the existing concept plan to comport with the proposed plat. The submitted final plat substantially complies with the approved preliminary plat. UDC 11-6B-3C.2,a contains the criteria for determining substantial compliance. In the subject application, staff finds the numbers of lots are fewer and the number of common lots/open space has not changed from the preliminary plat. The approved final plat included access to Linder Road via a local street (Loretta Street). The applicant is proposing to replace the local street with a private driveway to Linder Road to serve the newly created lot. UDC 11-3A-3 prohibits direct access to arterials such as Linder Road unless waived by City Council. The Ada County Highway District does not support the driveway to Linder Road. However, staff notes that the proposed use of the southern portion of the site as a church has different operational characteristics and traffic patterns than a commercial development given the fact that southern portion of the proposed final plat contains five fewer lots. Staff is also of the opinion that the hours of operation and trips generated from the future church site has less impact on Linder Road than the additional office buildings that were planned. The Council decision on the final plat access will effectively apply to the concept plan being reviewed with the development agreement modification which is being heard in conjunction with this application. II. LOCATION Bridgetower Crossing Subdivision No. 15 is located on the southwest corner of McMillan Road and Linder Road in NE `/ of, T. 4N., R. 1 W., Section 35 and is a resubdivision of Lots 15, 16, and 17, Block 36, Bridgetower Crossing Subdivision No. I1 along with Lots 43, 44, and 45, Block 32, Bridgetower Crossing No. 12. III. STAFF RECOMMENDATION Staff recommends approval of Bridgetower Crossing Subdivision No. 15 with the comments and conditions stated in this report. IV. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved development agreement (instrument # 108059801), or as may be modified by the City Council (MDA-10-001), rezone (RZ-07-018), preliminary plat (PP-07-023) applications for this subdivision. Bridgetower Crossing Subdivision No. 15 FP.doc PAGE 1 Submit a vacation application to vacate the easements recorded as instrument # 106123395 on the proposed plat and record new water and sewer easement prior to City Engineer's signature. If the City Engineer's signature has not been obtained by 03/18/2010, the Final Plat approval for this subject phase shall expire. 4. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Revise or add the following note(s) on the face of the plat prepared by Quadrant Consulting. Inc., stamped on 02/01/10 by Peter W. Lounsbury, prior to signature of the final plat by the City Engineer: 1.) Revise to include Development Agreement number 108059801 and remove L)A # 101117652. 2.) Add a note addressing the maintenance responsibilities of Lot 1, Block 46, the 20-foot wide landscape buffer along the south boundary of the proposed subdivision and the landscape buffers along McMillan Road, Linder Road, Penngrove Way and Coppercloud Way. The landscape plan, prepared by Harvest Design, P.C., and dated 02/01/10 is approved with the following changes: a. Include the lawn grass symbol on the face of the plan. b. Submit a plan stamped and signed approved for construction. c. Remove one curb cut along the west side of Lot 1, Block 48 and provide a 10-foot wide landscape buffer planted with trees and lawn. Submit three copies ~f a revised landscape plan to the Planning Department prior to signature of the, final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 7. Graphically depict on the face of the plat the required 10-foot wide landscape buffer on the east side of Penngrove Way. 8. Across-access/cross-parking easement/agreement shall be recorded for all the commercial lots north of Coppercloud Way (Lot 1 through 5, Block 47). All lots within the subdivision shall have access to the access points to McMillan Road, Coppercloud Way and Penngrove Way. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 9. Prior to signature of the final plat by the City Engineer, the applicant shall submit a recorded document to the Planning Department stating the maintenance and ownership responsibilities for the management of the development. Including but not limited to structures, parking, common areas, private streets, and other development features. 10. Include instrument numbers for the following easements on the face of the plat: Meridian City water, Meridian City water and sewer, ACRD Sidewalk, ACHD public turnaround, and ACHD storm drainage. 11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed on the east side prior to release of building permits for this subdivision. Bridgetower Crossing Subdivision No. 15 FP.doc PAGE 2 12. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 13. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC ll-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC I1-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility ol~ the developer to comply with ACHD, City of Meridian and all other regulatory requirements Ott the time of final construction. 14. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. The applicant will be required to remove all sewer and water stubs along N Penngrove Way that will not be utilized. These stubs will need to be abandoned to the main in accordance with City of Meridian standards. Any easements covering said utilities will also need to be vacated by the applicant prior to receiving City engineer signature. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 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 1 I" map with bearings and Bridgetower Crossing Subdivision No. 15 FP.doc PAGE 3 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. Applicant shall be required to pay Public Works development plan review, and constncction inspection fees, as determined during the plan review process, prior to signature on the final plat. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 14. 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. 15. 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. 16. 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 17. The applicant's 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 the 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. 18. 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. Bridgetower Crossing Subdivision No. 15 FP.doc PAGE 4 ~~ ^^ Quadran# Consulting, Inc. February 23, 2010 Mr. Bill Parsons Planning Department 33 Fast Broadway Meridian, ID 83642 Via F,mail: bparsons@meridiancity.org Re: Response to -Final Plat Bridgetower 15 {FP 10-001) and Application for Modification to Development Agreement Bridgetower Office {MDA 10-001) Dear Bill: Thank you for forwarding a copy of the staff report for the above-referenced projects. Primelaad Investment Group has no objection to the conditions of approval outlined in these reports. Thanks for your help with this project. If you have any questions, please let me know. Sincerely, QUADRANT CONSULTING, INC. V~~ Ch Christensen Principal cc: Mr. frank Varriale via email 1904 W. Overland Boise, ID 83705 Phone (208} 342-0091 Fax {208) 342-0092 www.quadrant.cc Civil engineering Surveying