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HomeMy WebLinkAboutBellingham Park Subdivision No. 2 FP-06-007 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BELLINGHAM PARK, LLC FOR FINAL PLAT APPROVAL OF 35 BUILDING LOTS AND 2 COMMON LOTS ON 7.01 ACRES IN AN R-8 ZONE LOCATED ON SOUTH LOCUST GROVE ROAD SOUTH OF VICTORY ROAD IN THE SW 1,4 OF T. 3N., R.1E., SECTION 29 C/C March 14,2006 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-06-007 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 14, 2006, and the Council finding that the Administrative Review is complete trom 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 14, 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 BELLINGHAM SUBDIVISION NO.2 LOCATED IN THE SW 14 OF T. 3N., R. IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 01/16/2006, ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP-O6-007) Page 1 of 4 SHEET 1 OF 5, BAILEY ENGINEERING, INC.", BELLINGHAM PARK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council ITom 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 14,2006, listing 23 SITE SPECIFICREQUIREMENTSIFINALPLAT and 12 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 ITom Bailey Engineering, Inc, 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 additional requirements ITom the action of the Council taken at their March 14,2006 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 ITom 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 current best management practices for stormwater disposal and desi&'Xl a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP-O6-007) Page 2 of 4 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP-O6-007) Page 3 of 4 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 ~ day of (hJ.rfu . ,2006. \,\\,'\II:ijy; \\' - lie',,'" i'jJ"'YOR ", Ol¡- ?¡{':~:f~:Nf.tV-':e, -,"..:~ ' .'"-'U, "," """>/'¡'" ,~~ ,- èi' ",' "., ~ -, " ,.' ",,"-', ,,- _.. -'"" 'il ',,' ~ ,; (",'",\-L,'"", " Ii' ..- .::- :f}J' ' ' "~-I 1;,\ '\ -.:;-. ,;:- ~ 'U j ~ . "~Øa r'~-' ~ ß~ þ ;; k"~~:c.'--.' :: WILLIAM G. ÉŒRG, JR., IT CLE ~ /,,~ ff -~..,;, /[¡r 1'",1: . "",/ ,:tP .§ " """" - ,., ~' "- V Appli¿ÍiJ}.t"" ~~.~'~ ~ ",,-,,- "1 "t. ,\\ V'" Planning affd, RltHHlJ)è'Partment v Public Works Department v City Attorney Attest: -"------ ~~" 1 ¡/¡U1- ~ de WEERD Copy served upon: By: City Clerk's Office Dated: 3. ;2B..OLD ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.2 / (FP~O6-007) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: March 14, 2006 Transmittal Date: March 6, 2006 e:M'e rl d i iJ!t ' ~ IiJ.\HO .!f \~ } \~t ( , ¿- "'!oj>.-,- i~1 ~,!~~. '/' ~I '"',>"" " '.'.~"'-_..'.""'L"'_'.,""-"-'- """-' "., 1~~1 TO: Mayor & City Council Sonya Watters, Assistant City Planner SIll Michael Cole, Development Services Coordinator J'Y\ C FROM: SUBJECT: Bellingham Park Subdivision No.2 Request for Final Plat Approval of Bellingham Park Subdivision No.2 Consisting of 35 Single-family Residential Building Lots and 2 Common Area Lots on 7.01 Acres in an R-8 Zone by Bellingham Park, LLc. (File# FP~O6~OO7) We have reviewed this submittal and offer the following comments and conditions of the applicant. These comments and conditions shall be considered in full, urness expressly modified or deleted by motion ofthe Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Bellingham Park, LLC, has applied for final plat approval of the second phase of Bellingham Park Subdivision. This phase includes 35 single-family residential building lots and 2 common area lots on 7.01 acres in an R-8 zone. The gross density of this phase ofthe development is 7.51 dwelling units per acre and the net density is 4.93 dwelling units per acre. This subdivision is located east of S. Locust Grove Road, approximately y,¡ mile north of E. Amity Road, in the SW y,¡ of Section 29, T.3N., R.1E. The common area lots proposed within this phase of Bellingham Park Subdivision will consist of landscaping and open space. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for reductions to the minimum requirements for street frontage (from 65 feet to 36 feet on non cul-de-sac lots) and lot size (from 6,500 s.f. to 4,140 s.f.). The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Bellingham Park Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all tenus of the approved annexation (AZ-05-007), preliminary plat (PP-05- 009), conditional use permit (CUP-05-008) and development agreement (Inst. No. 105134292). 2. The applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. A letter of plan approval from Nampa and Meridian Irrigation District shall be submitted prior to scheduling of a pre-construction meeting. 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 Exhibit "A" FP-O6-007 Bellingham Park Sub2 FP.doc PAGEl CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. It appears to staff that a portion of the lots proposed for platting lie within the flood plain associated with Ten-Mile Creek. Prior to signature on the final plat by the City Engineer the applicant shall submit a signed sealed certification from a Professional Surveyor or Engineer that states that no lots are encumbered by the flood plain, or submit a letter of map revision from FEMA that shows the flood plain being contained in the banks of the Ten-Mile, or revise the plat to remove those lots that are affected by the flood plain. 5. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage Plan must be approved by the Public Works Department prior to overall plan approva1. Builders must provide finish floor and crawl space elevation certification for each house prior to issuance of certificate of occupancy. The Master Grading and Drainage plan shall include at a minimum the following: a. b. Groundwater contours for this development at peak seasonal high depth. Finish floor elevation for all houses in this development. That all houses will be slab-on-grade construction. Finish grade elevation at each lot comer. Drainage flow patterns on all lots. c. d. e. 6. Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. 7. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. 8. At the City Council preliminary plat hearing for this project the applicant testified that all buildings in this development would use slab-on-grade construction. Slab-on-grade construction shall be utilized in conjunction with typical footings, and builders of each lot shall comply with all recommendations contained in the applicant's Geoteclmical Engineering Report (dated 6/10/04) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. 9. A covenant shall be recorded for each lot within Bellingham Park Subdivision stating that the owner of the lot shall be responsible for maintenance of the drainage swale located on ACHD right-ofMway fronting on the lot. 10. The landscape plan, dated 2/13/06, prepared by The Land Group, needs to be revised as follows: a. Fencing along the Ridenbaugh Canal must be 6-ft. in height and constructed of a non- combustible material; revise plan accordingly and include detail of proposed fencing. Include the symbol for the multi-use pathway in the legend or include label on the plan. Include the tree class in the plant schedule for all proposed trees. b. c. Exhibit "A" FP-O6-007 Bellingham Park Sub2 FP.doc PAGE 2 11. 12. 13. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. Fencing must be in compliance with UDC 11-3A-6 and ll-3A- 7. Temporary construction fencing to contain debris shall be installed around the perimeter of this phase unless pennanent fencing already exists at the subdivision boundary. Perimeter fencing shall be installed prior to release of building permits for this phase. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building permits within the subdivision. The easement and/or right-of.way shall be sufficient width to cover the 10-foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in the Tuscany Development to the north. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. 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. 14. Complete the Book and Page number shown on the face of the plat for Bellingham Park Sub. 1. 15. The Certificate of Owners and the face of the plat are incongruent in regards to the distance called out along the boundary of the subdivision adjacent to Lots 3-5, Block 10. The applicant shall make the necessary corrections so that the boundary called out in the Certificate of Owners and the face of the plat are both accurate and the same. 16. Graphically depict a five. foot wide public utilities, drainage and irrigation easement following locations. They are interior lot lines to an existing phase: a) Western boundary of Lot 15, Block 1. b) Western boundary of Lot 11, Block 5. in the 17. Revise or add the following notes on the face of the plat dated 1/16/06, prepared by Bailey Engineering, Inc., prior to signature on the [mal plat by the City Engineer: 18. Strike note; ACHD will not have an easement on the multi-use pathway on these lots. Add note: "This plat is subject to a development allreement recorded as Instrument Number 105134292 of Ada County Records." 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. (7.) (*.) 19. All structures not contained on a designated lot shall be removed prior to signature on the final plat by the City Engineer. 20. 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. Exhibit "A" FP~O6-007 Bellingham Park Sub2 FP,doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 21. 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 11-3B-1l, 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 22. Complete the Certificate of Owners. 23. Staff's failure to cite specific ordinance provisions or tenus of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. 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. 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 [mal plat. 4. 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. 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. 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. Exhibit "A" FP-O6-007 Bellingham Park Sub2 FP.doc PAGE 4 9. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 8. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B- 7 A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and confonns substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B- 7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Bellingham Park Subdivision No.2 (FP-06-007) with the above stated comments and conditions. Exhibit "A" FP-O6-007 Bellingham Park Sub2 FP.doc PAGE 5 ~iley En9ineeri n9, Inc. CIVIL ENGINEERINGIPLANNINGICADD DATE: March 14,2006 TO: Mayor and City Cmmcil RE: Bclllingham Subdivision No.2 Dear Mayor and City Council, On behalf of ow- client we would like to state that Gemstar Properties, LLc., agrees with all Site Specific Comments and Conditions set forth in the final plat for Bellingham Subdivision No.2. Thank you for your time and consideration, Sincerely, jJ~; ~ /~ It :/ qlð~ Aj Lopez 1500 E. Iron Eagle Drive + Eagle, Idaho 83616 . Tel.: 208-938-0013 . Fax: 208-938-0516 www.baileyengineers.com Exhibit "H"