HomeMy WebLinkAboutUmbria Subdivision FP-06-011
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF CONGER
MANAGEMENT GROUP FOR
FINAL PLAT APPROVAL OF 1
MULTI-FAMILY RESIDENTIAL
LOT, 1 COMMERCIAL/OFFICE
LOT, AND 1 COMMON LOT ON
28.646 ACRES IN R-15 AND L-O
ZONES LOCATED WEST OF TEN
MILE ROAD ON THE NORTH SIDE
OF FRANKLIN ROAD IN A
PORTION OF THE S Yz OF T. 3N., R.
lW., SECTION 10
C/C March 21, 2006
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CASE NO. FP-06-011
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 21, 2006, and the Council finding that the
Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and
Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: March 21, 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 UMBRIA SUBDIVISION LOCATED IN A
PORTION OF THE S Y2 OF T. 3N., R. 1W., SECTION 10, BOISE MERIDIAN,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR UMBRIA SUBDIVISION / (FP-O6-011)
Page 1 of 6
MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 02/02/06,
SHEET 1 OF 4, CONGER MANAGEMENT GROUP", CHARTER BUILDERS,
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
Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and
Michael Cole, Development Services Coordinator for the Public Works Department,
dated: Hearing Date: March 21, 2006, listing 20 SITE SPECIFIC
REQUIREMENTS/FINAL PLAT and 13 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 and phasing
plan from Dave McKinnon, a true and correct copy of which is attached hereto
marked Exhibit "B" and consisting of 3 pages, and by this reference incoporated
herein, and the response letter from Nampa and 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 incoprated herein, and the additional requirements from
the action of the Council taken at their March 21, 2006 meeting as follows, to-wit:
1.1
Adopt the action of the Council taken at their March
21,2006 meeting as follows:
Perimeter fencing around the entire boundary of the
subdivision shall be installed with the first phase.
1.2
Adopt the action of the Council taken at their March
21, 2006 meeting, and specifically pertaining to the
Staff Report, under Conditions of Approval, number 8
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR UMBRIA SUBDIVISION 1 (FP-O6-011)
Page 2 of 6
1.3
and General Requirements number 1 and 4, such that
they now read as follows:
CONDITIONS OF APPROVAL
8.
The landscape plan, prepared by South
Landscape Architecture and dated 02/24/06, is
approved as submitted, however if Council
does not waiveS> the requirement of the
Kennedy Lateral to be tiled the applicant shall
revise the landscape plan to include
landscaping in this area.
GENERAL REOUIREMNTS
1.
All irrigation ditches, laterals or canals,
exclusive of natural waterways and the
Kennedv Lateral, 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. Iflateral users
association approval can't be obtained,
alternative plans will be reviewed and
approved by the meridian City Engineer prior
to final plat signature.
4.
All development improvements within each
phase, 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.
Adopt the Recommendation of the Central
District Health Department as follows:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR UMBRIA SUBDIVISION 1 (FP-O6-011)
Page 3 of 6
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 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 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR UMBRIA SUBDIVISION 1 (FP-O6-0 11)
Page 4 of 6
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
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
~,Sb
day
of
{)1 O-U..h
,2006.
BY~
. MAYO A de WEERD
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR UMBRIA SUBDIVISION 1 (FP-O6-011)
Page 5 of 6
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Copy served upon:
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City Clerk's Office
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR UMBRIA SUBDIVISION 1 (FP-O6.011)
Page 6 of 6
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT:
HearingDate: March 21,2006
Transmittal Date: March 16, 2006
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TO:
Mayor and City Council
Kristy Vigil, Assistant City Planner '(.J
Michael Cole, Development Services Coordinator (Y\ c.
FROM:
SUBJECT:
Umbria Subdivision
Request for Final Plat Approval of Umbria Subdivision Consisting of 1 Multi.
family Residential Building Lot, 1 Commercial/Office Building lot, and 1
Common Lot on 28.646 Acres in the R-15 and L-O Zones by Conger
Management Group (File# FP-O6-011).
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 fmal plat approval of 1 multi-family
residential building lot, 1 commercial/office building lot, and 1 common area lot on 28.646 acres of land
for Umbria Subdivision. The zoning designation for the proposed subdivision is R~15 and L-O (Medium
High-Density Density Residential and Limited Office). The proposed gross density of the subdivision is
11.2 dwelling units per acre. The proposed net density is 16.4 dwelling units per acre.
Umbria Subdivision is located on the north side of West Franklin Road, west of North Ten Mile Road in
the SE ~ ofT. 3N., R. 1 W., Section 10.
The common lot proposed, Lot 2, Block 2, is a required lot for a pump station for the Nampa & Meridian
Irrigation District.
A Conditional Use Pennit for a Planned Development (known as Silver Oaks) was approved for this
subdivision that allowed for 70 multi-family structures on a single lot with a private clubhouse, park, and
pathways.
The final plat submitted for this phase depicts one lot more than was approved on the preliminary plat for
Silver Oaks Subdivision; however, the additional lot is a common lot for a pump station for Nampa and
Meridian Irrigation District. Even with the added lot, staff believes that the proposed final plat
substantially complies with the approved preliminary plat.
Staff recommends approval of Umbria Subdivision with the comments and conditions stated in this
report.
SPECIAL CONSIDERATION
The recorded development agreement requires the applicant to tile the Kennedy Lateral, however the
construction plans do not show it being tiled. The applicant has indicated the Kennedy Lateral is a large.
capacity facility. Per UDC 11-3A-6B the Council may waive the requirement to tile this ditch if it is
Exhibit "A"
FP-O6-0 11 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP .doc
PAC
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
found to be large-capacity. The applicant shall be required to pipe the Kennedy Lateral UIÙess specifically
waived by City Council.
SITE SPECIFIC REQUIREMENTS
1.
Applicant is to meet all tenus of the approved preliminary plat (PP-05-023), conditional use
pemút (CUP-05-024) and development agreement (Inst. No. 106002636).
2.
The applicant has indicated that the Nampa and Meridian Irrigation District will own and
maintain the pressure irrigation system within this development. Therefore, a letter of plan
approval 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 single-point connection is used, the developer shall be responsible for the
payment of assessments for the irrigab1e 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.
Temporary construction fencing to contain debris shall be installed at the subdivision boundary
where pennanent fencing does not exist. Perimeter fencing shall be installed prior to release of
building pennits for this subdivision.
5.
Sanitary sewer service to this site is being proposed via extensions of planned sewer mains from
the north of this project. Currently this project is not sewerab1e, and the City of Meridian does
not guarantee sewer service in the timelines outlined in the UDc.
6.
Applicant will be responsible to construct the sewer and water mains to and through this proposed
development including the trunk main, 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 fonus of easements, for any mains that are
required to provide service.
7.
To comply with the City of Meridian's to and through policy the applicant shall provide cash
surety (cost of work plus 10%) to extend water main to center of Kennedy Lateral at westerly side
of Silver Oaks Circle. Please submit bids for this work along with the surety prior to signature on
the final plat.
8.
The landscape plan, prepared by South Landscape Architecture and dated 02/24/06, is approved
as submitted, however if Council waives the requirement of the Kennedy Lateral to be tiled the
applicant shall revise the landscape plan to include landscaping in this area.
9.
Graphically depict the street buffer landscape easements adjacent to W. Silver Oaks Circle, S.
Silver Oaks Drive, and W. Franklin Road on the face of the plat.
10.
Revise or add the following note(s) on the face of the plat prepared by Idaho Survey Group,
stamped on 02/02/06 by Patrick 1. Scheffler, prior to signature of the [mal plat by the City
Engineer:
*.)
*.)
Add a note, "Direct lot access to Franklin road is prohibited."
Add a note, "Maintenance of all common areas shall be the responsibility of the
Homeowners' Association."
Add a note referencing the recorded Development Agreement and instrument number.
*.)
Exhibit "A"
FP-O6-011 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP.doc
PAC
19.
20.
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
11.
Graphically depict the "Real Point of Beginning" on the face of the plat.
12.
The recorded development agreement requires the applicant to tile the Kennedy Lateral, however
the construction plans do not show it being tiled. The applicant shall be required to pipe the
Kennedy Lateral, unless specifically waived by City Council.
13.
One and two family dwellings will require a [lIe-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500'
apart. International Fire Code Appendix C.
14.
Operational Fire Hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
15.
The [lIe department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
16.
Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street
names and lot & block numbering. Make all COlTections necessary to comply.
17.
New construction within this development shall require Certificate of Zoning Compliance
approval.
18.
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 w3B-
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-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.
Complete the Certificate of Owners, including the book and page number of recorded data, and
the accompanying acknowledgement.
Staff's failure to cite specific ordinance provisions or tenus of the approved 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 waterways, 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 iaigationldrainage 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.
Exhibit "A"
FP-O6-0 11 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP .doc
PAC
CITY OF MERIDIAN PLANN INO AN D PUBLIC WORKS DEP A R TMENTS STAFF REPORT
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 pennits.
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 final plat.
4.
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.
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 detennined 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 shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
10.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
11.
All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
12.
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.
13.
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 [mal approval
without resubmission for preliminary plat approval per UDC 11-6B- 7B.
STAFF RECOMMENDATION
Staff recommends approval of the [mal plat for Umbria Subdivision (FP-06-011) with the above stated
comments and conditions.
Exhibit "A"
FP-O6-0 11 Umbria Subdivision (preliminary platted as Silver Oaks Subdivision) FP .doc
PAC
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MAR 23 '06 13;25 FR CITY OF MERIDIAN
208888 4218 TO P-AND-Z
P.01/02
RECEIVED
MAR' 7 20D6
City Of Meridian
City Clerk Office
Date: March l7, 2006
Ann: Mayor and City Council, City of Meridian
Re:
Umbria Fina1 Plat Report (former1y Iœown as Silver Oaks Subdivision)
Dear Mayor and Council,
We have received and reviewed the City's Staff Repon for Umbria Subdivision and find
that we are in general agreement with the majority of the StaJF's recommendations with
the following cKceøtions'
Special Consideration (starting 00 Page 1)- Steft' wants to make it Glear in this
ponion of the staff report that the City Council is responsible to waive a
requirement to tile the Kennedy Lateral. We agree w:ith this Ïnte¡pfctatiOD,.
however the Nampa Meridian Irrigation District has made it clear to us în several
conversations that they are not requiring or requesting the tiling of the Kennedy
Lateral. Additionally the City of Meridian has not required the tiling of the
Kennedy Lateral downstream where it passes through Castlebrook subdjvisioD-
The lateral if tiled would require a 48" pipc-
We are, therefore. formally requesting a waiver to the tiling of the Kennedy
Lateral There was no discussion on this topic in previous hearings for this project
and all submitted documents to the City indicate our intent on leaving the
waterway "openn.
Site Spume Requirement No.8 (page 1)- The wording of this requirement
indicates that if the Kennedy Lateral is not tiled., the )andscape plan will need to
be modified to reflect landscaping over the open lateral. The requirement needs to
be modified to read as fonows; «... however if the Council does not waiveø the
requirement of the Kennedy Lateral to be tiled, the applicant shall revise the
(andscape plan in include tandscapins in this area>l.
Site SpecüK Requirem.eøt No- 17 (P3ge 3)- This condition requires all new
constructjon to be handles by a Certificate of Zoning Compliance (CZC)- We are
happy 10 comply with this requirement, however we submitted a. "phasíng" plan
to the City to allow the fomMplex units to be built in three ((phases" Each phase of
construction will include 20-25 four-plex buildings, and the a.~sociated
landscaping) parking, drainage, fencing, utilities etc.. -required for occupancy of
the buildings.
Exhibit "B"
MAR 28 '06 13:25 FR CITY OF ~1ERIDIAN
208888 4218 TO P-AND-Z
P.02/02
The first phase., as indicated on the submitted phasing map, wiJl include the pool
and clubhouse &rea. We rec:ognize that we cannot build all of the buildings at one
time, but want wanted to be able to occupy the first phase while the secðnd phase
and third phase are under constriction. We are willing to do each phase under a
separate CZC. if necessary, to obtain occupancy of the buildings in the first, and
subsequent phase prior to completion of the entire project-
General Requirement No.1 (pall 3)- Irrigation tiling requirement; should be
eliminated if Kennedy Lateral tiling requirement is waived.
Genen) Requirement No.4 (page 4"" As noted above we asked for approval of a
"phasing" pJiUl with the final plat application, unfortunately this condition
requires all development improvements to be mstaJled prior to oça¡pancy. The
size of the project justifies it being handled in phases. We discussed this issue
with Planning and Zoning Staff (Caleb Hood) prior to submittaJ and he was
Agreeable to the proposal at that time. Please modify this c:ondition to require aU
improvements id each phase to be camp leted prior to obtaining certificates of
occupancy.
Thank you for yOW" time in consideration of this final plat. If you hf1.ve any questions
please contact me here at 353-2515 or via c>-mail at dmckinnon@con~erSToup.com.
Sincerely,
Dave McKinnon
CMG
Exhibit "H"
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SILVER OAKS SUBDIVISION
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E~hibil "R"
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1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
22 March 2006
phones: Area Code 208
Mayor Tammy deWeerd
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OFFICE: Nampa 466-7861
SHOP: Nompa 466-0663
RE:
Kennedy Lateral/Umbria Subdivision
Dear Kristy:
Nampa & Meridian Irrigation District would prefer that all laterals were piped as development
occurs. There are many safety reasons for this (i.e. operation, maintenance etc.). However at
this time the District does not have any requirements concerning this. If laterals aren't piped
then we ask that fences and encroachments need to be placed far enough back to allow for
machinery to perform all necessary operation and maintenance.
If you have any further questions, please feel free to give me a call.
Sincerely,
21 ('? á~ '--
Ähn P. Anderson
Water Superintendent
Nampa & Meridian Irrigation District
IPAldbg
C: Dave McKÎ1mon, Congor Mgmt.
Board of Directors
SecretarylTreasurer
Asst. Water Superintendent
File
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Exhibit "C"
APPROXIMATE IRRIGABlE ACRES
RIVER flOW RIGHTS, 23,000
BOISE PROJECT RIGHTS, 40,000