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El Gato Subdivision FP BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CONGER MANAGEMENT GROUP FOR FINAL PLAT APPROVAL FOR 11 RESIDENTIAL BUILDING LOTS AND 4 COMMON AREA LOTS ON 5.36 ACRES IN AN R-2 ZONE LOCATED AT 701 BLACK CAT ROAD IN A PARCEL OF LAND IN THE NE % OF THE SE ~ OF T. 3N., R.IW., SECTION 9 C/C March 7, 2006 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-05-073 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 March 7, 2006, 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: March 7, 2006, 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 EL GATO SUBDIVISION A PARCEL OF LAND LOCATED IN THE NE ~ OF THE SE ~ OF T. 3N., R. I W., SECTION 9, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EL GATO SUBDIVISION / (FP-O5-073) Page 1 of 4 HANDWRITTEN DATE: 12/11/2005, SHEET 1 OF 3, W & H PACIFIC", EL GA TO DEVELOPMENT, LLC, 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: March 7, 2006, listing 27 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Conger Management Group, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from N amp a & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their March 7, 2006 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-offis not to create a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EL GATO SUBDIVISION / (FP.O5-073) Page 2 of 4 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 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 ANAL YSIS 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EL GATO SUBDIVISION / (FP-05-073) Page 3 of 4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 ofthis 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 -,-*' day of ,2006. ATTEST: dI~'Á&--" d , .. /1; WILLIAM G. BER~,~;.,ful ~I¥1 \j r 1~~\ .;) .f j --;"',:. <:2, ,"..._~:-._e ,\'»\'" ~ Copy served upon: /' Appli;áht/~1'i '.\\\,"""" --L- Planning a~a'l, jh'1Ng\bepartment / Public Works Department ./ City Attorney By' Dated: ~~ì ..0 lJ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EL GATO SUBDIVISION / (FP-O5-073) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: eM;;;; d i '!!!4 \ I" ,. IIJ.\HU V \.:.'. )~. '~+~~~"" ,r ,,/, "'!~~"'."io..J.>o'_.' r Sonya Watters, Assistant City Planner tfI,t/ ~. .~-'.!.ML'!,_... ,,- . 'i;t¡ Michael Cole, Development Services Coordinator fY\ C Hearing Date: March 7, 2006 Transuúttal Date: March 3, 2006 TO: Mayor & City Council FROM: SUBJECT: El Gato Subdivision Request for Final Plat Approval of E1 Gato Subdivision Consisting of 11 Single- family Residential Building Lots and 4 Common Lots on 5.36 Acres in an R-2 Zone by Conger Management Group (File# FP-O5-073) 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, Conger Management Group, has applied for Final Plat approval of 11 building lots and 4 common lots on 5.36 acres in an R-2 zone for EI Gato Subdivision. The gross density of the proposed subdivision is 2.0 dwelling units per acre. The net density of this development is 2.62 dwelling units per acre. EI Gato Subdivision was annexed Wlder the R-3 zoning district; however, as part of the Unified Development Code amendments, the City has rezoned all existing R-3 districts to R-2. The property is located on the southwest comer ofN. Black Cat Road and EI Gato Lane at 701 N. Black Cat Rd., in the SE \4 of Section 9, T.3N., R.1 W. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of EI Gato Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-05-012), preliminary plat (PP-05- 014), and vacation (V AC-05-013) 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 Castlebrook Subdivision. The applicant shall submit a letter of plan approval for N ampa and Meridian Irrigation District prior to scheduling of a pre-construction meeting. 3. If the applicant is unable to supply this pressurized irrigation system from extensions of Castlebrook, and an iaigation pump station is constructed on this site it shall not be allowed in the required landscape buffer and shall not be allowed to use City of Meridian potable water as its roam source. Exhibit "A" FP-O5-073 El Gato Subdivision FP.doc PAGEl CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. 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. Said connection cannot be used as the primary source of water for the system. 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. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Perimeter fencing shall be installed prior to release of building permits. 6. Sanitary sewer service to this site is being proposed from mains in Black Cat road that discharge to the yet to be operational Black Cat lift station. Certificates of Occupancy shall not be issued until the Black Cat Lift Station has been finaled and is operational. 7. The applicant shall coordinate sewer 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 ofthe 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. 8. Water service to this site will be from main line extensions from existing water mains Black Cat Road. 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 fonns of easements, for any mains that are required to provide service. 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC llw3B-ll, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction 10. If any stonn drainage is to be discharged into surface water, a copy of the signed discharge agreement with the receiving agency shall be submitted prior to signature on the [mal plat. 11. The applicant shall include into Lot 8, Block 1, 20-feet along the southern boundary of this property and dedicate a pennanent public pedestrian easement over this lot for a possible future multi-use pathway. The applicant shall adjust additional lots to ensure that the minimum lot size of 12,000 square feet for this zone is maintained. 12. Include the CP & F number for the W. 'l4 comer of Section 9. 13. Revise the plat to show all curve data. The curve table on the submitted plat starts with C23. 14. Include the recorded instrument number for the ACHD sidewalk easement along Black Cat Road, Puma Street, & Bengal Court. Exhibit "A" FP-O5-073 El Gato Subdivision FP.doc PAGE 2 20. 21. 22. 23. 24. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTM ENTS STAFF REPORT 15. Staff is uncertain if the ACHD Quitclaim deed instrument number needs to be included on the plat. The applicant shall coordinate with the Ada County Engineer to detennine if it is necessary on the plat and if so include the instrument number. 16. Dedicate additional public utilities, drainage and irrigation easement along the right-of-way, there needs to be 10-feet free and clear past the sidewalk. 17. Revise the Certificate of Owners and the face of the plat to include, existing and donated rightpof- way, in the boundary description of this subdivision. 18. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 19. 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. If the existing house is to be retained on site, it must meet all applicable setbacks, and the applicant shall be responsible for the payment of sewer and water assessments as well as the actual physical hook-up to the house. Access to the existing house on Lot 3, Block 1 shall be provided from Bengal Court; direct lot access to Black Cat Road is prohibited. 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. The landscape plan submitted for this project stamped 12/12/05, prepared by Landscape Design and Construction, shall be revised as follows: a. b. Include tree class in plant schedule. Include a calculations table per the requirements specified in the final plat landscape plan submittal checklist. Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 1O.inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees.) Include fencing type & location along with details (diagram) on the landscape plan per the submitted fencing plan. Fencing provided adjacent to Lot 8, Bock 1 shall comply with 11-3A-7A7. Provide landscaping in the parkway along Bengal Court in accordance with UDC 11-3B- 7C. A minimum density of one tree per 35 linear feet is required along street buffers. Trees may not be located within a five foot radius of water meters. Remove the "Purdam Drain" label from the south end of the property; the drain is actually located to the south ofthe property. Include landscaping and contours for the stonn drainage area on Lot 8, Block 1. c. d. e. f. g. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer Revise or add the following note(s) on the face of the plat dated 1/12/06, prepared by W&H Pacific, prior to signature on the final plat by the City Engineer: Exhibit "A" FP-O5-073 El Gato Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT (2.) ". . . purpose of utilities. stonn drainalZe. and landscape and shall be owned and maintained by the Homeowner's Assocation." " "Lot .w ~ or a portion of said lot. . . " Add a note, "Maintenance of any iITig:ation or drainag:e pipe or ditch crossing: a lot is the responsibility of the lot owner unless such responsibility is assumed by an iITig:ation/drainag:e district." Add a note, "The bottom elevation of house footing:s shall be set a minimum of 12 inches above the hig:hest known nonnallITound water elevation. Add a note, "Garag:e setbacks shall be measured from the property line or the adjacent sidewalk. whichever is more restrictive." (3.) (*.) (*.) (*.) 25. Complete the Certificate of Owners and accompanying acknowledgement. 26. Revise the Certificate of Owners to indicate that the City of Meridian is supplying water service to this subdivision and remove United Water. 27. Staffs failure to cite specific ordinance provisions or tenns of the approved annexation, preliminary plat, or vacation does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation 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. 2. 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. (UDC 11.3B-14) 3. 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. 4. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized iITigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. All development improvements, including but not linúted to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 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. Exhibit "A" FP-O5-073 El Gato Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 7. 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. 8. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 9. Coordinate fire hydrant placement with the City of Meridian Public Works department. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. 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. 14. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. STAFF RECOMMENDATION Staff recommends approval of the final plat for El Gato Subdivision (FP-05-073) with the above stated comments and conditions. Exhibit "A" FP-O5-073 El Gato Subdivision FP.doc PAGE 5 V;, " ') % 10: 14AM No, 2063 CONGER MANAGMENT GROUP tm:3 ~~/5æ~ICm.tiixI~ j'"ILC: March 6. 2006 . \ 1m: Mayor and City Council. City of Meridian £1 Gato Subdivision, Final Plat J~ I ': L,..,if Mayor and Council. V. c,; have reviewed the staff report prepared for the Final Plat ofEI Gato Subdivision, and "" are in agreement with the conditions of approval. We will have our engineer begin ',\ I ,rk on making adjustments to the plat per your staff's recommendations., The only '\ -:stioo that I have is whether or not you really need a detail (diagram) of what chain 'I'lk fencing looks like on the landscaping plan (per condition No. 23 d.)? Just ,'. , . ndering. .. we are happy to do it, it just seems odd to require it. ,I .ou have any questions concenring this plat. please call me at 353-2515 or email me at ¡ j: 1 ckinnon(â}congerIZl'OUD,com. ::~;,çerely. . ~'D-l If ~ D"ve McKinnon l,fG ' Exhibit "B" 405 S. 8th Street, Suite 290. Boise, Idaho 83702 .208.336.5355 . Fax 208,336.2282 , Reaistered Contractor RCE.219 P. 2/2 . . .8. .:- ... . . . -j '06 09:07 FR CITY OF MERIDIAN 208888 4218 TO P-AND-Z P.01/02 ~&~~~ 1503 FIRST S11ŒET SOUTH NAMPA, IDAHO BJ651-A3\15 FAX #I 208-ÅÓ3-0092 ~. '.' C ,"'cembcr 2005 PhOI'le5' A~ Codo 208 OFFICE: Nampa 466.7861 St"CP: NClmpa 466.0663 i ..~,."l Canning CÜ I of Meridian G6(1 F.. Watatower Lane #Suite 102 . '.- --, ...)\C~.¡d.iImtID 83642 . - <.- . . - . --. '-. . .:. - ... . ._-"--~'. . d. - .., ":'-. .' .. '. ~1:", 'EI Gato Subdivision . .' ,\;'.. Anna: I': .:, ..Ipll & Meridian Irrigation District requires that a Land Use ChaDge Application be filed, for '" .,u:w, prior to final platting. Please contact Donna Moore at 466-7861 for further information- . ' I Illtenùsand waste ways must be protected. The District's Purdam Drain courses along the ;: . ~ 1& boundary of this proposed pwjœt. ThIll easement must be protected aDd any .. .1 4 ToaduDeat without a signed License Acreement and approved plan. before lIlY c,:::itruc:ttob Jlltarted, is un8ec:eptable. , ! I uwùcipalliunace drainage must be retained on site. If any mUlÙcipal 9\lI'fuçe dIaiuage leaves ,-~..,~~Ite, the Nampa & Meridian Irrigation District must n:view dramage p1ans. The developer 1,,- I comply with Idaho Code 31-380S. It is recommended that inigMion wa1l:r be made ~. ',' <' II able to all developmenB within the Nampa & Meridian hrigatioD Dimet. c. Iy -,,1.1" ,ere I "..,..,.~»~~- ;: . , I enion J',.o;.. Water Superintendent ;, ;1 mpa &: Meridian Inigation District I..,'!/:Ibg ,-",-"---"'- Crew Fcmm\8t\ me. Offlçc,/Shøp API' ¡Ok1MATE Iõ!IC.ABLE AaES Exhibit "C"