Loading...
HomeMy WebLinkAboutCC - Staff Report Page 1 HEARING DATE: 10/01/2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0064 Cherry Blossom Subdivision No. 1 LOCATION: 1405 W. Victory Rd., in the NW ¼ of Section 25, T.3., R.1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 44 building lots, 11 common lots and 1 other lot on 9.81 acres of land in the R-8 zoning district. This is the first of two phases of development of the preliminary plat. The applicant request City Council waiver to UDC 11-3A-6B.3 to allow the existing irrigation along the southwest boundary to remain open. Alternative Compliance is proposed to the standard listed in UDC 11-3B-12C that requires a 5-foot wide landscape strip to be provided along each side of the multi-use pathway located along the north side of W. Cedarburg Drive to only require landscaping along the north side of the pathway (preliminary plat condition #1.1.3e). II. APPLICANT INFORMATION A. Applicant: Doug Jayo, Jayo Land Development Company, LLC – 10564 W. Business Park Ln., Boise, ID 83709 B. Owner: Same as Applicant C. Representative: Jon Breckon, Breckon Land Design – 6661 N. Glenwood St., Garden City, ID 83714 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots is the same and common area has increased slightly from the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. Amenities proposed for this development are as follows: children’s play equipment, a segment of the City’s multi-use pathway system, a 12’ x 18’ gazebo, a gas grill/smoker and a gas fire pit with a seating area. The gas sources for the grill/smoker and fire pit are proposed to be on a timer than shuts off after 30 minutes in the event they’re accidently left on; Staff recommends the controls for these amenities are placed in a locked cabinet accessible only by residents to prevent children from operating them. Exhibits for lots accessed by common driveways are included in Exhibit D of Section V; the exhibit does not include Lot 14, Block 2 as it’s intended to be re-subdivided with Phase 2 to include additional land area to the east and will be accessed from the east, not from the common driveway. A plat note identifies this this lot as non-buildable. This project was continued multiple times so the applicant could address staff’s concerns with the irrigation facilities that run along the southwest and south boundary. To mitigate these concerns and ensure downstream users have access to the irrigation water, staff requested that the applicant provide a cross section to determine how these facilities affect the buildable lots of this development and the adjacent property owners (see exhibit e). As illustrated in the cross section, a portion of the ditch (smaller one) will be piped in accord with UDC standards and will be contained within the 10-foot wide PUDI easement created with the plat. However, there is a larger facility that parallels the other ditch, and is currently open and being used to provide irrigation water to the adjacent property owners to the south. A portion of this ditch does encroach on the applicant’s property and requires to be tiled unless waived by Council. The applicant is requesting a waiver and proposing a 5-foot wide common lot along a southwest portion of the boundary to preserve a corridor for maintenance of the ditch and minimize disruption to the adjacent property owner’s irrigation systems. To minimize public safety concerns, the applicant is a proposing to install 6-foot tall wrought iron fencing along the interior edge of the common lot. If Council approves the waiver, the project has been conditioned to comply with the cross sections as depicted in Exhibit e and this will serve as Council’s approval of the waiver. The Applicant requests the Director’s approval for Alternative Compliance to the standards listed in UDC 11-3B-12C which require a 5-foot wide landscape strip to be provided along each side of pathways. A multi-use pathway is proposed in lieu of the typical 5-foot wide attached sidewalk along the north side of W. Cedarburg St., a local street. The Applicant only proposes landscaping along the north side of the pathway because the south side is proposed to be attached to the curb so there will be less of an encroachment and more usable common area in Lots 1 and 5, Block 1 and yard area for the residential lots on Lots 2-4, Block 1. To off-set the proposed alternative means of compliance, the Applicant proposes to provide additional site amenities in the common area on Lot 21, Block 1 including a 12’ x 18’ gazebo, gas grill/smoker and gas fire pit with a seating area. The Director finds the request to be an equal means of meeting the intent and purpose of the regulation and approves the request. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. The request for Alternative Compliance to the landscape standards for pathways listed in UDC 11-3B-12C was approved by the Director (see approved Findings below). Page 3 V. EXHIBITS a. Preliminary Plat (date: 6/8/2018) Page 4 b. Final Plat (date: 9/18/2019) Page 5 Page 6 c. Landscape Plan (dated: 09/18/19) & Site Amenities Page 7 Page 8 Page 9 *Grill to be custom-built to look like picture above but with granite countertop & an alternative material in place of the stone veneer. Page 10 d. Common Driveway Exhibits (dated: 8/27/19) Page 11 Page 12 Page 13 e. Irrigation Facility Cross Sections Page 14 Page 15 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0018, Development Agreement #2018-117003). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by September 4, 2020), or apply for a 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. The final plat prepared by Idaho Survey Group, stamped on 09/18/2019 by Cody McCammon, included in Section VII.B shall be revised as follows: a. Coordinate sanitary sewer and water service line routing and locations for Lot 14, Block 2 with Development Services. b. The existing irrigation ditch that is proposed to be piped on this property along the southwest and south boundary of the subdivision (Lots 1-14, Block 2) shall be located in the center of the required 10-foot wide public utilities, irrigation and drainage easement. c. Include a new note stating that Lot 14, Block 2 is non-buildable until such time it’s re- subdivided to include additional land to the east with Phase 2. d. The irrigation facilities along the southwest and south boundary of the development shall comply with the cross section details in Exhibit e. No permanent structures, trees or shrubs shall be placed over the easement area that contains the 12-foot gravity irrigation pipe. e. Lot 15, Block 2 shall end at the common lot line between Lots 13 and 14 Block 2 as shown. Lot 14 is proposed to be accessed from the east with second phase and not from the common driveway. f. Revise plat note number 2. to reflect that irrigation water is being provided by the appropriate irrigation entity, not the City of Meridian. g. Add the following plat notes: The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. 5. The landscape plan prepared by Breckon Land Design, dated 09/18/19, needs to be revised as follows: a. Fencing along the north and south boundary of common lot 17 shall meet the standards set forth in UDC 11-3A-7A.7. b. The Park’s Dept. approved a 7-foot wide attached multi-use pathway along the north side of W. Cedarburg St. in lieu of a 10-foot wide pathway. Page 16 The Director approved the Applicant’s request for Alternative Compliance to the standard listed in UDC 11-3B-12C which requires a 5-foot wide landscape strip to be provided along each side of the pathway along the north side of W. Cedarburg Dr. to only provide a landscape strip along the north side of the pathway (see Findings in Section VII). In lieu of the required landscaping, the Applicant is required to provide a gazebo, built-in gas grill/smoker and gas fire pit with a seating area. 6. Future homes constructed in this development shall be restricted to a single-story in height and substantially comply with the conceptual elevations approved with H-2018-0018 included in the Development Agreement. 7. The controls for the gas grill/smoker and gas fire pit shall be placed in a locked box to prevent children from operating them. 8. The common driveways proposed within this development shall be constructed in accord with the standards listed in UDC 11-6C-3d. 9. A perpetual ingress/egress easement for the common driveways shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of the recorded easements shall be submitted with the final plat for City Engineer signature. 10. All existing structures on the site shall be removed prior to City Engineer signature on the final plat. 11. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Adjust streetlight locations or add one additional streetlight to meet spacing requirements. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2. Sanitary sewer and water service to the lots fronting a common driveway shall come from service lines extended from the public right-of-way, and not from mainline extensions within said driveways. 3. Design and construction of the user lateral ditch piping within this project shall conform to the Meridian Design Standards and Supplemental Specification to the Idaho Standards for Public Works Construction (ISPWC). General Conditions: 4. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 5. Water service to this site is available via extension of existing mains a djacent to the development. The applicant shall be responsible to install water mains to and through this Page 17 development, coordinate main size and routing with Public Works. 6. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 7. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 8. 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. 9. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 11. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 12. 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. 13. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 17. 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. 18. 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. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 19. 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 Page 18 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. 20. 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. 21. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 22. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. 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 e xecuted easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, 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. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. 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 Water Department at (208)888-5242 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. 25. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 26. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source i s not available, a single-point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 27. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VII. Findings – Alternative Compliance (UDC 11-5B-5E) Page 19 In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence or application of the requirement is feasible but not a desired option. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant’s proposal to provide additional site amenities beyond the minimum required in the form of a gazebo, gas fire pit and gas grill in the common area provides an equal means for meeting UDC requirements. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties.