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Staff ReportSTAFF REPORT Meeting Date: July 23, 2013 E IDIAN'~- TO: Mayor and City Council I D A H O FROM: Bill Parsons, Associate City Planner 208-884-5533 Steve O'Brien, Development Analyst II 208-887-2211 SUBJECT: FP-13-032 -Paramount Commercial Southwest Subdivision No. 3 I. APPLICATION SUMMARY The applicant, Brighton Investments, has applied for final plat approval of one (1) commercial building lot on approximately 6.84 acres of land. The subject final plat is consistent with the approved preliminary plat for this site. IL STAFF RECOMMENDATION Staff recommends approval of Paramount Commercial Southwest Subdivision No. 3 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 NumberFP-13-032 as presented in the staff report for the hearing date of July 23, 2013, with the following modifications: (Add any proposed modifications.) Denial I move to deny File NumberFP-13-032, as presented during the hearing on July 23, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP-13-032 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 property is located near the northeast corner of N. Linder Road and W. McMillan Road in SW '/4 of Section 25, T.4N., R.1 W. B. Applicant/Owner: Brighton Investments 12601 W. Explorer Drive, Suite #200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat consists of one (1) buildable lot on approximately 6.84 acres in a C-G zoning district. The proposed final plat is the fourth phase of the Paramount Commercial Southwest preliminary plat approved by Council in 2007. The only landscape requirement for the plat is a 10-foot landscape buffer adjacent to W. Deer Crest Street, (local street) and the required landscape easement has been Paramount Commercial Southwest Subdivision No. 3 FP.doc _1_ depicted on the plat. The installation of landscape buffer is not required until the lot develops. The Planning Division is currently processing a development application for the proposed lot. For this reason the applicant has not submitted a landscape plan for review and approval. The project was also conditioned to construct anorth/south private street that connects W. Deer Crest Street and W. McMillan Road. At the time this conditioned was imposed, private streets were allowed to connect to arterial streets. Now that private street section of the ordinance prohibits private streets from connecting to arterial streets (W. McMillan Road), staff is of the opinion that this condition is no longer warranted and directly contradicts the private street standards in the Unified Development Code (UDC). The submitted plat depicts the recorded cross access agreement in effect for the proposed development. Since cross access is being provided, staff finds that the requirement of the private street has been satisfied. Because the number of buildable lots is fewer as allowed by UDC11-6B-3C.2, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat. VI. 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), amended DA approved with file MDA-13-010, preliminary plat (PP-07-011), final plats (FP-08-001, FP- 10-007 & FP-12-019), property boundary adjustment (PBA-13-014) and time extension (TE-09- 023)applications for this subdivision. The applicant has until May 17, 2015 (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. 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 06/25/13 by Patrick A. Tealey, is approved with the following comments: a. Include the amended development agreement instrument number in note #2. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision and/or provide written documentation that scheduled trash pick-up will occur during construction of the proposed development. 6. The subject property shall be subdivided prior to issuance of any building permits. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. VII. 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 Paramount Commercial Southwest Subdivision No. 3 FP.doc _2_ 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, 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. 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. 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 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. Paramount Commercial Southwest Subdivision No. 3 FP.doc _3_ 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 per the City of Meridian AutoCAD approved prior to the issuance of a project. applicant shall be responsible to submit record drawings standards. These record drawings must be received and certification of occupancy for any structures within the V. EXHIIBITS A. ZoningNicinity Map B. Approved Preliminary Plat C. Proposed Final Plat Paramount Commercial Southwest Subdivision No. 3 FP.doc _4_ Exhibit A -Zoning/Vicinity Map ~ ~~~---~ _.... -.o --~_ ~ ~ ^bti r ~ ~ M O~ m e` Q, ~ W uP'7 m N ~,. W LO 00 CD '' i ~ S _ _ ____ ___ _ „~ ~ _. T- •- c - _ _~ i _ __ _ __ _--- ._- ~~~ ~ Q~P `~ ~ 1788 4$93 ~ 1?5t~ w __ ~ ~ PLO ,~ 672 ~ .~ ___~.__ of 4d(ws- RUT ,.-"""~ 512fl 51D0 i '- 5072 5038 5~4 49TH 44 3b 14mb 4ffi50 ~ •. re `+ 14Q2 do 1437 RUT 4650 tnl .. _' 4fiQ5 4472 ~' ~' 1 943 RUT St Paramount Commercial Southwest Subdivision No. 3 FP.doc _5_ Exhibit B -Approved Preliminary Plat ~, nn llt'fi~01~9G. ~~ t.~.~.i .~.~. ~, i~~~ .__ y ~ ARwM1 ~~ ~wwyv W 11~/M~lf .~ .. ..._. ~..... • • rrKrr wrM'rr ~ ~ w e ~.+ ,.._ ~= a --~ ~~ ~.... . ~.~. rr•r ~.-- --- rr.r ~ •rw r••~. rr.a •I.wrrr ~•. r .___. rrw~r ww•/r. ~~ r w•..rr.r '~tSf~~f~Xl""' 1 ~ ~ ~ ' w~...~ ..r a~~l ~ .. G_ ~ ~ ~ . ~~ ~ ~~ w.ew arra wr•w wsn wr • L•3~3'ldTiiS•~'•. ~...'. ~~Tia'1~11'IQi7~~fP7+v a.~. ~.»~.wr .~.~.~.~ ~ll~*~.r.wr• •fo{~Wfi~SiL.r~ 't1~N~lItP'•• • 1h~SfG1SSi7~A'~®~ pp~~~~~~ •~~Ti'lPSit~lf00 fifT~ii,~ ~fi1171w Paramount Commercial Southwest Subdivision No. 3 FP.doc _6_ Exhibit C -Proposed Final Plat 3635 cvEr vc!a•.Iz •m x. rer auw ,~4. 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