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HomeMy WebLinkAboutSommersby Cove Subdivision FP-05-072 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LIBERTY PARTNERS, INc. FOR FINAL PLAT APPROVAL OF4 SINGLE- F AMIL Y RESIDENTIAL BUILDING LOTS AND 1 COMMON AREA LOT ON 1.05 ACRES IN AN R-15 ZONE LOCATED ON THE NORTHEAST CORNER OF WEST PINE AND NORTH TEN MILE ROAD IN THE SW % OFTHENW % OFT. 3N., R. lW., SECTION 11 C/C December 13, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-OS-O72 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 COVE SUBDIVISION LOCATED IN THE SW ~ OF THE NW ~ OF T. 3N., R. 1 W., SECTION 11, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERS BY COVE SUBDIVISION / (FP-O5-072) 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 Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: December 13, 2005, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and14 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 requirements from the action of the council taken at their December 13, 2006 meeting as follows, to-wit: 1.1 Adopt the Recommendation from the action 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 stormwater 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 COVE SUBDIVISION / (FP-O5-072) Page 2 of 4 current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stonnwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Storm water 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 COVE SUBDIVISION / (FP-O5-072) 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 of the City Council at its regular meeting held on the _\~ day of Otremhev ,2005. Attest: }- n -6 (J) By' City Clerk's Office .,,-. Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMMERSBY COVE SUBDIVISION / (FP-O5-072) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: .rl~ .. . ~ cA1'e;¡ di ~~ .~; '. ~ , - I:J,\HO }1 \~.. } ,,(. /0 ~1, -~. Sonya Watters, Assistant City Planner.J!ltl -'--~~-?"f"':r"L~~~{"H'~---- ':;¿¡ Michael Cole, Development Services Coordinator (V\ C Hearing Date: December 13, 2005 Transmittal Date: December 9,2005 TO: Mayor & City Council FROM: SUBJECT: Sommersby Cove Subdivision Request for Final Plat Approval of Sommersby Cove Subdivision Consisting of 4 Residential Building Lots and 1 Common Lot on 1.05 Acres in an R-15 Zone by Liberty Partners, Inc. (File# FP-O5-072) 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 4 residential building lots consisting of 1 townhouse with 4 dwelling units and 1 common area lot on 1.05 acres in an R~15 zone for Sommersby Cove Subdivision. The gross density of this phase of the Sommersby development is 3.81 dwelling units per acre. The net density is 5.8 dwelling units per acre. Sommersby Cove Subdivision is located approximately 1/8 mile east of N. Ten Mile Road and 1/8 mile north ofW. Pine Ave., in the NW ~ of Section 11, Township 3 North, Range 1 West. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for reductions to the minimum requirements for: street frontage to 0 feet on a public street; rear setbacks to 15 feet for all perimeter lots except, rear patios may be allowed a 3 foot encroachment if necessary; interior side setbacks to 5 feet per story and 0 feet for garages and attached units; street side setbacks to 20 feet; and fence setback from N. Gray Cloud Way to 10 feet. Amenities provided as part of the Sommersby 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 Cove Subdivision 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 determine 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. FP-O5-0n Sommersby Cove Sub FP.doc Exhibit "A" PAGEl 8. 9. 10. 11. 12. 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 permit (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 Irrigation District system in Moshers Farm Subdivision. A letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 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 irrigation 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 irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 5. Sanitary sewer service to this site is being proposed from existing mains in N. Gray Cloud Way. 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 N. Gray Cloud Way. The applicant will be responsible to construct water mains to and through 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. The bearing shown on the northern boundary of this development does not appear to match the bearing of record for Thunder Creek Subdivision. The applicant shall confmn this information and include any bearings of record on the plat. Construction materials used on the structures with modified setbacks/separation (as approved by the CUP/PD) must be approved by City of Meridian Building Department in accordance with the most recent futernational Building Code. The applicant's land surveyor, Terry Peugh, has stated that the north. eastern boundary of the property is shown incorrectly on the plat. The boundary actually goes to the centerline of the Eightmi1e Lateral as shown on the preliminary plat; revise plat accordingly. Revise the legal description on sheet 2 of the plat to reflect the boundary of the property extending to the centerline of the Eightmile Lateral. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the townhouse on Lots 1-4. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. Exhibit "A" FP-O5-0n Sommersby Cove Sub FP.doc PAGE 2 2. 3. 4. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. 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 final plat by the City Engineer; (10.) Complete recorded instrument number. 14. The landscape plan, prepared by Harvest Design and dated 10/24/05 shall be revised as follows; a. Revise the fencing construction material shown on the northeast corner of the subdivision to be non-combustible and relocate the fence to be on the south side of the Nampa Meridian Irrigation District easement line or in lieu of relocating the fence, provide an encroachment agreement with NMID approving the location and fencing type. Correct the boundary of the property shown on the plan for the portion located in the north-east corner adjacent to the Eightmi1e Lateral. The property line actually goes to the centerline of the lateral. See note #9 above. b. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 15. Complete the Certificate of Owners and accompanying acknowledgement. 16. Prior to obtaining certificates of occupancies, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed, exceDt for that the townhouse on Lots 1-4 may be constructed prior to the improvements being 100% complete for the entire subdivision. Prior to signature on the [mal 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. 17. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, development agreement, preliminary plat, or conditional use pennit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural watelWays, 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 pennits. 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 irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP-O5-0n Sommersby Cove Sub FP.doc PAGE 3 12. 13. 14. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. A written certiíìcate 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 purposes 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. 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 Cove Subdivision 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-O5-0n Sommersby Cove Sub FP.doc PAGE 4 Es~i~f¡¡!s~ 150 East Aikens Street. Suite B Eagle. lD B3(¡ J G Phone: (lOB) ~3B..O~BO Fax: (lOB) 93B-()9.J.1 E-mail: es-beckYIIlIá'qwesl. net December 13, 2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Sommersby Cove Subdivision File No. FP-O5-072 Dear Mayor and Council: We have reviewed the staff comments prepared for the Meridian City Council meeting of December 13, 2005, and have the following responses: APPLICATIONS SUMMARY This project includes four single-family attached dwelling units. 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. The applicant will comply. 3. The applicant will comply. 4, The applicant will comply with the conditions of approval. C.DoçllmclIls "11'\ Scnio~s,..II~lIs-L"cul SI.1Iill~"T "mporar~( 101""11,,1 Fiks',oL"601 \SCRc"sRcspoos,,_doc Exhibit "8" 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. II. The applicant will comply- 12. The applicant will comply. 13. The note will be changed as requested. 14. The landscape plan will be revised as requested- 15. The Certificate of Owners and accompanying Acknowledgement will be completed. 16- The applicant wi]\ comply. 17- Noted. GENERAL REOLT fREMENTS '- The applicant wil1 comply. with the exception of the Eight Mile Lateral.-ye~ 11M ....~~- -f-o be -fl)f'J 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: 'Do~um~/Hs and S~tIings'.alkns-L<>~al Sdtings' T~IIII)()rary Int~rn~t Fi k"() ,K60 I :S(,R"~'R~spons".d",. I':~hihil "II" Mayor and City Council December 13, 2005 Page 3 10. The applicant will comply 11. The applicant will comply. 12. The applicant will comply 13. The applicant will comply, ]4. The applicant will 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: D()~I"l1¿nls and S~tIings'."ncn"l ,(,,;;11 s"ning.,'T emporary Inlernet Fil~s"'()L¡';601\SCRe"sR"spons~.doc' Exhibit "H"