Commercial North Subdivision FP-10-007BEFORE THE MERIDIAN CITY COUNCIL
C/C September 28, 2010
IN THE MATTER OF THE )
APPLICATION OF BRIGHTON )
PROPERTIES FOR FINAL PLAT )
APPROVAL OF ONE )
COMMERCIAL BUILDING LOT )
ON 1.48 ACRES IN AN C-G )
ZONING DISTRICT LOCATED ON )
THE EAST SIDE OF N. CINDER )
ROAD, NORTH OF W. )
MCMILLAN ROAD, IN THE )
SOUTHWEST 1/4 OF SECTION )
25, TOWNSHIP 4 NORTH, )
RANGE ~ WEST. )
1
CASE NO. FP-10-007
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 September 28, 2010, 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: September 28, 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:
1. The Final Plat of "PLAT SHOWING COMMERCIAL NORTH SUBDIVISION
LOCATED ON THE EAST SIDE OF N. CINDER ROAD, NORTH OF W.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR COMMERCIAL NORTH SUBDNISION (FP-10-007)
Page 1 of 3
MCMILLAN ROAD IN THE SOUTHWEST '/ OF SECTION 25, TOWNSHIP 4
NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2010,
HANDWRITTEN DATE: 08/10/2010, SHEET 1 OF 3, DARIN HOLZHEY,"
BRIGHTON PROPERTIES, Applicant, 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: September 28, 2010, listing 12 SITE SPECIFIC
REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and
correct copy of which is attached hereto marked Exhibit "A", and consisting of 9
pages, and by this reference incorporated herein, and the response letter from Mike
Wardle, a true and correct copy of which is attached hereto marked Exhibit "B" and
consisting of 2 pages, 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:
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR COMMERCIAL NORTH SUBDIVISION (FP-10-007)
Page 2 of 3
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 maybe 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
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
~ 2 ~`
day
of ~ , 2010
By. ~`~-1~~ ,~,,G.
Tammy e eerd
,\~,~~~~y OF ~~~i~;~. Mayor, City of Meridian
Attest: `~ C3' pFtPOF;q ~'~'
\~+ TFO
SEAL
Jaycee olman, City Clerk ~,, ~~°
~'., 9Q GST 1S'~ • ~ ,~`~
Copy served upon Applicant, the I~ai~i~,,r't~o~~~.$bepartment, Public Works Department, and
City Attorney.
B Dated: ~~-E~-~lC7
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR COMMERCIAL NORTH SUBDIVISION (FP-10-007)
Page 3 of 3
STAFF REPORT
Meeting Date:
TO:
FROM:
SUBJECT:
September 28, 2010
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
~.~Vl E IDIAN~-,
Scott Steckline, Land Development Supervisor
208-887-2211
FP-10-007 -Commercial North Subdivision
I. APPLICATION SUMMARY
The applicant, Brighton Properties, LLC, has applied for final plat approval of 1 commercial building lot
on 1.48 acres of land for the Commercial North Subdivision. The proposed subdivision is currently zoned
C-G (General Retail and Service Commercial District). The property is located on the east side of Linder
Road, north of McMillan Road in SW '/ of T. 4N., R. 1 W., Section 25.
This is the second final plat proposed for Paramount Commercial Southwest Subdivision. As part of this
phase, the applicant is proposing to plat one commercial lot and extend W. Deer Crest Street to create
local street access for the proposed commercial lot and the adjoining developing 3.49 acre parcel
(approved for a self service facility) located north and east of the proposed subdivision. The proposed
roadway also stubs along the eastern boundary and provides future connectivity to the residential
development planned for the property east of the proposed subdivision.
The City Council approved the preliminary plat for Paramount Commercial Southwest Subdivision on
September 25, 2007. The plat contained 18 commercial lots on 18.5 acres of land in a C-G zoning
district. The first phase platted with four (4) commercial lots on 3.77 acres and is not contiguous with the
subsequent phase.
Per UDC 11-6B-3C, a final plat should be reviewed for substantial compliance with the approved
preliminary plat. The following changes are allowed by UDC to grant approval of a final plat in order to
determine substantial compliance with the approved preliminary plat:
• The number of buildable lots is the same or fewer;
• The amount of common open space has increased;
• The amount of open space is relocated with no reduction in the total amount;
• The number of open space lots has increased and
• The transportation authority has required minor changes.
Based on the aforementioned criteria, Staff finds the proposed final plat to be in substantial conformance
per UDC 11-6B-3C and the approved preliminary plat attached as Exhibit B as no substantive changes are
proposed with this phase. The applicant has until June 20, 2011 to obtain the City Engineer's signature on
the final plat or apply for another time extension in accord with UDC 11-6B-7.
II. STAFF RECOMMENDATION
Staff recommends approval of the Commercial North 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.
Commercial North Subdivision FP.doc PAGE 1
III. SITE SPECIFIC CONDITIONS
Applicant is to meet all terms of the approved Paramount development agreement (instrument #
103137116), annexation (AZ-03-006), conditional use permit (CUP-03-008), Paramount
Commercial Southwest modified development agreement (instrument # 107145935), preliminary
plat (PP-07-011) and time extension (TE-09-023) applications for this subdivision.
2. If the City Engineer's signature has not been obtained by 06/20/2011, the Final Plat approval for
this subject phase shall expire.
Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. Revise or add the following note(s) on the face of the plat prepared by Mason & Stanfield, Inc.
stamped on 08/10/10 by Darin Holzhey, prior to signature of the final plat by the City Engineer:
1.) Add note to the face of the plat, This plat is subject to the development agreements
recorded as instrument numbers 107145935 and 103137116 of Ada County Records.
2.) Add a note to the face of the plat that addresses the maintenance responsibilities for the
landscape buffers along N. Linder Road and W. Deer Crest Street.
3.) Graphically depict on the face of the plat the required 10-foot wide landscape buffer on
the north side of W. Deer Crest Street.
4.) Graphically depict on the face of the plat the required 25-foot wide landscape buffer,
removing the word easement, on the east side of N. Linder Road; not a 23-foot wide
buffer as proposed.
5.) Graphically depict on the face of the plat a 10-foot public utility, drainage and irrigation
easement along the south side of Lot 1, Block 1.
The landscape plan, prepared by Brooks Design Group, and dated 08/12/10 is approved with the
following changes:
a. Provide a 25-foot wide landscape buffer adjacent to N. Linder Road, as proposed. The
landscape buffer adjacent to N. Linder Road is a subdivision improvement and shall be
installed prior to occupancy of the first building.
b. Submit a plan stamped and signed approved for construction.
c. Provide a 10-foot wide landscape buffer adjacent to W. Deer Crest Street. This buffer
maybe constructed at the time of lot development in accord with UDC 11-6C-3H.
Submit three copies of 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.
6. Across-access/cross-parking easement/agreement shall be recorded for all the commercial lots.
All lots within the subdivision shall have access to the access points to Linder Road and W. Deer
Crest Street. 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.
7. 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.
Commercial North Subdivision FP.doc PAGE 2
Include instrument numbers for the following easements on the face of the plat: ACRD sidewalk
and ACHD storm drainage.
9. Temporary construction fencing to contain debris shall be installed at the subdivision boundary
where permanent fencing does not exist prior to issuance of a building permit.
10. Prior to signature of the final 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.
11. 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 11-3B-11.
If the stormwater detention facility cannot be incorporated into the approved open space and still
meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the
time of final construction.
12. Staff s 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.
2. 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-SC-1.
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.
Commercial North Subdivision FP.doc PAGE 3
6. 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 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.
7. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
8. 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.
9. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
10. Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
11. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
12. 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.
13. 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.
14. 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.
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.
16. 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.
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
Commercial North Subdivision FP.doc PAGE 4
approved prior to the issuance of a certification of occupancy for any structures within the
project.
V. EXHIIBITS
A. Zoning/Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
Commercial North Subdivision FP.doc PAGE S
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PAGE 9
W. DflHR DRBflT HTR[!T
Page 1 of 2
Bill Parsons
From: Mike Wardle [MWardle@brightoncorp.comJ
Sent: Tuesday, September 28, 2010 2:27 PM
To: Bill Parsons
Cc: Peter Oliver
Subject: RE: SpurWing Greens Subdivision
No; we concur with the requirements. We will be there to answer questions only.
From: Bill Parsons [mailto:bparsons@meridiancity.org]
Sent: Tuesday, September 28, 2010 1:06 PM
To: Mike Wardle
Subject: RE: SpurWing Greens Subdivision
Mike,
Did you receive any comments regarding the Commercial North final plat?
bill
From: Mike Wardle [mailto:MWardle@brightoncorp.com]
Sent: Monday, September 27, 2010 4:35 PM
To: Bill Parsons
Cc: Rod Blackstead; David Turnbull; )ay Walker; Gene P. Smith
Subject: SpurWing Greens Subdivision
Bell,
We provide the following comments for tomorrow evening's City Council SpurWing Greens preliminary
plat hearing:
- Condition 1.1.3 and the 3rd bullet of condition 1.1.8 will be resolved by City Council action
on the variance request. At Council approval of the variance, those conditions will be deleted.
Condition 1.1.6 - To restate our August 18th request to the Planning & Zoning Commission:
"Residents of SpurWing Greens will be provided with social memberships to the SpurWing
Country Club with access to all services and facilities, except golf, but including swimming
and other amenities. Thus, with the addition of the tennis court complex currently under
construction, SpurWing Greens residents will have access to amenities proposed by the
community center from the day they move into the project. A community center will be
constructed at the site within the project as initially proposed but at a size, approximately
1,800 square feet, and character scaled to a community half the size of the original proposal,
and with the above-noted facilities having already been provided. Further, it is requested
that the community center be constructed prior to issuance of the 351st building permit
rather than the 201st as recommended. "
Request: That the Council approve the applicant's request for community center
construction prior to the 351St building permit.
9/30/2010
Page 2 of 2
- Condition 2.2: It is our understanding that the City has, through separate discussions,
concluded that Phase 1 sanitary sewer system deficiencies are not the 'responsibility of the
Applicant. Thus, this condition should be deleted.
- Condition 7.1.1: According to ACHD staff, this condition has been corrected to note that the
ten foot-wide sidewalk is located on the easterly side of Jayker Way.
- Condition 7.1.5: ACRD is requiring re-relocation of the south stub to the undeveloped
property west of Westwind Estates Subdivision. Given the block length implications of that
change, the applicant will work with City and ACRD staff, and the property owner to find a
solution for the street connection. The result may differ from the current requirement, thus, the
applicant acknowledges that this matter will be resolved at final platting of the affected area.
Please let me know if you have questions or need additional information.
Mike Wardle (2s7-os12)
!SIG:4ca23cb3134536376185636!
9/30/2010