Paramount Commercial Southwest Subdivision No. 2 FP-12-019BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 5 COMMERCIAL
BUILDING LOTS ON 3.21 ACRES
OF LAND IN THE C-G ZONING
DISTRICT
BY: BRIGHTON INVESTMENTS )
APPLICANT )
HEARING DATE: DECEMBER 18, 2012
CASE NO. FP-12-019
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on December 18, 2012 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 Department and Public Works 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:
The Final Plat of "PLAT SHOWING PARAMOUNT COMMERCIAL
SOUTHWEST SUBDIVISION N0.2, LOCATED IN THE SOUTHWEST 1/4
OF SECTION 25, T.4N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO,
2012, HANDWRITTEN DATE: 11/12/12, PATRICK A. TEALEY, PLS, SHEET
1 OF 2," is conditionally approved subject to those conditions of Staff as set forth
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PARAMOUNT COMMERCIAL SOUTHWEST SUBDIVISON N0.2 FP-12-019
Page 1 of 3
in the staff report to the Mayor and City Council from the Planning Division and
the Development Services Division of the Public Works Department dated
December 18, 2012, a true and correct copy of which is attached hereto marked
"Exhibit A" 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 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 maybe filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PARAMOUNT COMMERCIAL SOUTHWEST SUBDIVISON N0.2 FP-12-019
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 maybe 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
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
By:~~ ~ _ /" ~ Dated: ~ nU~ ~ ~--~~
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PARAMOUNT COMMERCIAL SOUTHWEST SUBDIVISON NO. 2 FP-12-019
Page 3 of 3
EXHIBIT A
STAFF REPORT
Meeting Date: December 18, 2012 ~,~ ~ ~~ ~ ~~,~~~~._~
TO; Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: FP-12-019 -Paramount Commercial Southwest Subdivision No. 2
I. APPLICATION SUMMARY
The applicant, Brighton Investments, has applied for final plat approval of five (5) commercial building
lots on 3.21 acres of land. This is the third final plat proposed for Paramount Commercial Southwest
Subdivision.
The proposed subdivision is currently zoned C-G (General Retail and Service Commercial District). The
property is located near the northeast corner of N. Linder Road and W. McMillan Road in SW '/a of
Section 25, T.4N., R.1 W.
The City Council approved the preliminary plat for Paramount Commercial Southwest Subdivision on
September 25, 2007. The plat contains 18 commercial lots on 18.5 acres of land. The first phase platted
with four (4) commercial lots on 3.77 acres. The second phase platted one commercial lot and a public
street that provides future connectivity to the residential development planned for the property to the east
(Paramount South 60 Subdivision).
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 the 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 September 26, 2014 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 Paramount Commercial Southwest Subdivision No. 2 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. SITE SPECIFIC CONDITIONS
1. 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
Paramount Commercial Southwest Subdivision No. 2 FP.doc -1-
EXHIBIT A
plat (PP-07-011), final plats (FP-08-001 and FP-10-007 and time extension (TE-09-023)
applications for this subdivision.
2. The applicant has until September 26, 2014 (or 2 years from the date the City Engineer signed the
most recent plat) to obtain City Engineer's signature on the final plat or apply for another time
extension 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. Revise or add the following note(s) on the face of the plat prepared by Tealey's Land Surveying,
stamped on 11/12/12 by Patrick A. Tealey, prior to signature of the final plat by the City
Engineer:
1.) 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.
2.) Note #6: insert instrument numbers.
Prior to signature on the final plat, the applicant must submit a landscape plan that complies with
the following standards:
a. A 25-foot wide landscape buffer adjacent to N. Linder Road must be constructed in
accord with the standards set forth in UDC 11-3B-7C. This buffer is a subdivision
improvement and shall be installed prior to signature on the final plat.
b. Submit a plan stamped and signed approved for construction.
c. A 10-foot wide landscape buffer adjacent to W. Deer Crest Street must be constructed in
accord with the standards set forth in UDC 11-3B-7C. This buffer may be constructed at
the time of lot development in accord with UDC 11-6C-3H.
Subi~zit three copies of a revised landscape plan to the Pla>7fzing Depai°t»aent priof° to sigt~atzrre of
the final plat by the City Engineer. Said plafz shall be consistent n~ith the chazzges listed above.
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. The annlicant's
trash imnlementation program shall remain in effect during the construction of the nronosed
development in lieu of the temporaiy fencing.
7. 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, Kimberley Cutler, at 887-1620 for more
information.
8. 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
Paramount Commercial Southwest Subdivision No. 2 FP.doc -2-
EXHIBIT A
developer to comply with ACRD, City of Meridian and all other regulatory requirements at the
time of final construction.
9. The subject property shall be subdivided prior to issuance of any building permits.
10. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the applicant of responsibility for compliance.
12. All future commercial structures on the subject lots shall be required to obtain Certificate of
Zoning Compliance and Administrative Design Review approval prior to building construction.
Future buildings on this site shall substantially comply with the construction materials and design
elements shown in the elevations approved with the preliminary plat.
GENERAL REQUIREMENTS
1. 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.
3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted
fencing, landscaping, amenities, pressm•ized 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-l.
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.
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
Paramount Commercial Southwest Subdivision No. 2 FP.doc -3-
EXHIBIT A
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 dLU•ing the plan review process, prior to signature on the final plat.
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 may be required by the Army Coa•ps of Engineers.
10. Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe 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 ACRD. 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 airy 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 structrures within the
project.
Paramount Commercial Southwest Subdivision No. 2 FP.doc -4-
EXHIBIT A
V. EXIIIIBITS
A. Zoning/Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
Paramount Commercial Southwest Subdivision No. 2 FP.doc -5-
EXHIBIT A
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EXHIBIT A
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Paramount Commercial Southwest Subdivision No. 2 FP.doc -7-
EXHIBIT A
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Paramount Commercial Southwest Subdivision No. 2 FP.doc -8-
dill Pars®ns
All,
We have reviewed the staff report for (Paramount] Commercial Southwest Subdivision No. 2 and concur with
the recommended conditions of approval, subject to two clarifications, for the record:
Condition No. 6
The construction fencing requirement of Site-specific Condition #6 has been addressed in prior
Paramount phases by arrangement with City staff not to install the temporary fencing when Brighton
owns the adjacent ground and as long as Brighton maintains its well-established weekly trash patrol
program. Both are applicable to this plat, thus, we believe that continuing current practices will satisfy
the condition.
Condition No. 13
- Condition 13 is a carry-over requirement of the preliminary plat to be satisfied with the final plat for
the remainder of the commercial property. The original condition apparently was fora "signed"
private street to provide for addressing at the request of the Fire Department. Addressing will be
discussed with the Fire Department prior to filing the next plat.
- However, the graphic, below, depicts the alignment of the 35 foot-wide drive aisle described on the
plat as a "permanent ingress/egress, cross access, parking, public utilities, sanitary sewer and water
main easement."
- That drive satisfies the requirement for a connection from McMillan Road to W. Deer Crest Street.
- However, City UDC Section 11-3F-4:A.2 states that a "private street shall not connect to an arterial
street"-McMillan Road, in this case. Thus, compliance with Condition 13, as written, violates current
City Code.
- As stated, above, no specific action is required with this phase of the project; the "private street" issue
will be resolved prior to submittal of the next final plat.
I will attend the City Council meeting this evening to answer any questions that Council members may have.
Mike Wardle
From: Bill Parsons [mailto:bparsonsCa~meridiancity org]
Sent: Thursday, December 13, 2012 1:20 PM
To: Bill Nary; Ted Baird; Jacy Jones; Jaycee Holman; Machelle Hill
Cc: Peter Friedman; Bruce Chatterton; Mike Wardle
Subject: Paramount Commercial Southwest No. 2 final plat staff report for 12/18/12 CC MTG
Attached is the staff report for the proposed Paramount Commercial Southwest Subdivision No. 2 (File #FP-12-019). This
item is scheduled to be on the City Council agenda on December 18, 2012. The public hearing will be held at City Hall, 33
E. Broadway Avenue, beginning at 7:00 pm. Please call or e-mail with any questions.
Mike -Please submit any written response you may have to the staff report to the City Clerk's office
(jholmanC~meridiancity ors, mhill(a~meridiancity.or~, and IionesCc~meridiancity.or~) and myself (e-mail or fax) as soon as
possible.
Bill Parsons, AICP
Associate City Planner