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HomeMy WebLinkAboutSommersby Sub No. 1 FP BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LIBERTY PARTNERS, INC FOR FINAL PLAT APPROVAL OF 5 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON AREA LOT ON .93 ACRE IN AN R-15 ZONE LOCATED ON THE NORTHEAST CORNER OF WEST OINE AND NORTH TEN MILE ROAD IN THE SW ~OFTHE NW % OFT.3N.,R. 1W., SECTION 11 C/C December 13, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-071 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 December 13, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 13,2005, 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 SOMMERSBY SUBDIVISION NO.1 LOCATED IN THE SW 'l:í OF THE NW 'l:í OF T. 3N. R. lW., SECTION 11, BOISE MERIDIAN, MERIDIAN, IDAHO 2005, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO.1 / (FP-O5-071) Page 1 of 4 HANDWRITTEN DATE: 11/08/05, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", LIBERTY PARTNERS, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Plam1er for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 13,2005, listing 16 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 14 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 Engineering Solutions, LLP a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirement from the action of the Council taken at their December 13, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: 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; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO.1 / (FP-O5-071) Page 2 of 4 current best management practices for stormwater disposal and design a stonnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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: 1. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO.1 / (FP-O5-071) Page 3 of 4 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 ofthe City Council at its regular meeting held on the -.J?;t+' day of --T::rc f'~m\-:£ Y' ,2005. Attest: By' City Clerk's Office Dated: i-i\-OU ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY SUBDIVISION NO. 1/ (FP-O5-071) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: 't~ CM;;;;di ::n~r I~).\HO fi Mayor & City Council \(""{~.\" .,-/)¡/ Sonya Watters, Assistant City Planner SII/ --'-t-~-1"'l:'.u~~' S!.~--" -~; Michael Cole, Development Services Coordinator (Y\ c. Hearing Date: December 13, 2005 Transmittal Date: December 8, 2005 TO: FROM: SUBJECT: Sommersby Subdivision No.1 Request for Final Plat Approval of Sommersby Subdivision No.1 Consisting of 5 Residential Building Lots and 1 Common Lot on 0.93 Acres in an R.15 Zone by Liberty Partners, Inc. (File# FP-O5-071) We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Liberty Partners, Inc., has applied for final plat approval of 5 residential building lots consisting of 1 single-family attached dwelling; 1 townhouse that contains 3 dwelling units, and 1 common lot on 0.93 acres in an R-15 zone for Sommersby Subdivision No. 1. The gross density of this phase ofthe Sommersby development is 5.39 dwelling units per acre. The net density of this phase is 7.59 dwelling units per acre. Sommersby Subdivision No.1 is located on the east side ofN. Ten Mile Road, approximately 1/8 mile N. ofW. Pine Ave., in the NW 14 of Section 11, Township 3 North, Range 1 West. A Conditional Use PermitJPlanned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for: street frontage to 24 feet for the townhouse lot; front setbacks to 15 feet for single-family dwellings; rear setbacks to 15 feet for all perimeter lots except, rear patios may be allowed a 3 foot encroachment if necessary and 5 feet for interior lots; interior side setbacks to 5 feet per story and 0 feet for garages and attached units; and street side setbacks to 20 feet. Amenities provided as part of the planned development are not contained within this phase. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Sommersby Subdivision No.1 with the comments and conditions stated in this report. SPECIAL CONSIDERATION FOR CITY COUNCIL As a condition of approval of the planned development approved for this subdivision, the applicant was required to submit detailed front and rear elevations of the proposed townhouses for review and approval by City Council. The applicant has submitted elevations as requested. Staff has concerns as to the appearance of the rear elevation. City Council should detennine whether this is acceptable. If not, two possible options would be: 1) continue this item and direct applicant to provide different elevations; or 2) give staff specific direction as to changes in bulk, material, and/or general appearance that you would like to see. Exhibit "A" FP-O5-071 Sommersby Sub 1 FP.doc PAGE 1 9. 10. 11. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved development agreement, preliminary plat (PP-04- 035) and conditional use pennit (CUP-04-040) for this development. 2. The applicant has indicated that the pressurized irrigation system in this development will be an extension of a Nampa and Meridian lITigation District system in Moshers Farm Subdivision. Prior to scheduling of a pre-construction meeting a letter of plan approval shall be submitted. Prior to occupancy the applicant shall submit a letter that Nampa and Meridian Irrigation District has finaled the system. 3. The City of Meridian requires that pressurized iITigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the inigab1e common areas prior to signature on the fma1 plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC ll-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed along the eastern boundary of this phase unless permanent perimeter fencing already exists at the subdivision boundary. 5. Sanitary sewer service to this site is being proposed from existing stubs from N. Lighting Place in Thunder Creek Subdivision. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 6. Water service to this site will be from main line extensions from existing water mains from N. Lightning Avenue in Thunder Creek Subdivision. The applicant will be responsible to construct all mains necessary to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Provide, on the plat, an easement to ACHD for all portions ofthe detached sidewalk along N. Ten Mile Road that are outside ofthe public right-of-way. 8. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all coITections necessary to comply. Construction materials used on the structures with modified setbacks/separation (as approved with the Sommersby CUP/PD) must be approved by City of Meridian Building Department in accordance with the most recent futemational Building Code. A Certificate of Zoning Compliance is required prior to issuance of a building pennit for the townhouses on Lots 1-3, Block 1. NOTE: A CZC application mav include multiple/all townhouses. The bearing along the northern boundary of this development does not appear to match the bearing of record. The applicant shall confirm this information and include bearing of records on the plat. Exhibit "A" FP-O5-071 Sommersby Sub I FP.doc PAGE 2 2. 3. 4. CITY OF MERiDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 12. Revise or add the following note(s) on the face of the plat dated 11/11/05, prepared by Engineering Solutions, prior to signature on the fmal plat by the City Engineer: (10.) Strike note (landscape plan shows 6 foot fencing adjacent to Lot 4, Block 1 and 4 foot fencing is not required adjacent to this lot) "...is prohibited wnless agreed to i:n \-¡,riti:ag by ,\da Celillty Highwa-y Distriet afl€I. the City of Meriàiafl." Complete recorded instrument number. (11.) (12.) 13. The landscape plan, prepared by Harvest Design and dated 1 0/24/05 shall be revised as follows: a. b. A 5-foot wide detached sidewalk is required along N. Ten Mile Road. Relocate the proposed Type A fence along N. Ten Mile Road to the eastern lot line of Lot 4, Block 1. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 14. Complete the Certificate of Owners and accompanying acknowledgement. 15. Prior to obtaining certificates of occupancies, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed, except for that the townhouse on Lots 1-3 may be constructed prior to the improvements being 100% complete for the entire subdivision. Prior to signature on the fmal plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 16. Staffs failure to cite specific ordinance provisions or terms of the approved annexation, development agreement, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All iaigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, 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. All development improvements, including but not limited to water, sewer, fencing, micro.paths, pressurized in-igation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP-O5-07I Sommersby Sub! FP.doc PAGE 3 13. 14. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. 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. 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 per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non.domestic pwposes such as landscape irrigation. 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's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sommersby Subdivision No.1 with the above stated comments and conditions. Council should also address the matter of the rear townhouse elevation discussed above, in the motion. Exhibit "A" FP-O5-071 Sommersby Sub! FP.doc PAGE 4 E Æ~~'I/lš: 150 East Aikens Street, Suite 13 Eagle, If) 83616 Phone: (208)938-0980 Fax: (208) 938~0941 E-mail: es-bcckym@qwcst.nci December 13,2005 Mayor and City Council City of Meridian 33 East Idaho A venue Meridian, ID 83642 Re: Sommersby Subdivision No.1 Final Plat File No. FP-OS.O71 Dear Mayor and Council: We have reviewed the staff comments prepared for the Meridian City Council meeting of December 13,2005, and have thc following responses: APPLICATIONS SUMMARY This project includes five single-family attached dwelling units; three on the west side of the cul-de-sac and two on the east. SPECIAL CONSIDERATION Staff has expressed concern about the appearance of the rear elevation. These elevations are not unusual and are similar to adjacent properties. Neighbors at the public hearings did not express any concern about the appearance of the back of the units. The rear elevations are enclosed with the required fencing and landscaping and are not open to the public or neighbors. We respectfully request that the elevations be accepted as submitted, or that specific requirements for change be clearly spelled out. SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. Thc applicant will comply. 3. The applicant will comply. 4. The applicant will comply. C:\Docurnents and Settingslshifferb\Local Settings\Ternpornry Inlcrnc( Files\OLK23\RecsResponsc,doc Exhibit "B" Mayor and City Council December 13, 2005 Page 2 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The notes wi]] be changed as requested. 13. The landscape plan will be revised as requested. 14. The Certificate of Owners and accompanying Acknowledgement will be completed. 15. The applicant will comply. Please clarify that Lots 5 and 6 also qualify for building pemits prior to the improvements being 100% complete. 1 6. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. C:\Documenls am! Seuings\sl1iffcrb\Local Senings\Temporary fntenlet Fiks\OLK23\RccsHcspons~.doc Exl,ibil "Ii" Mayor and City Council December 13, 2005 Page 3 to. The applicant wiJl comply. 11. The applicant wi ] comply. 12. The applicant will comply. 13. The applicant will comply. 14. The app1icant wil1 comply. We would appreciate your favorable consideration of our request. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. David Callister C:IDocumcnls and Scttings\shifferblLocal Seltings\Tcmporary Internet Files\OLK23\RecsRcsponsc.doc Exhibit "8"