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HomeMy WebLinkAboutSettlement Bridge Subdivision No. 5 FP-06-023 BEFORE THE MERIDIAN CITY COUNCIL C/C May 23, 2006 IN THE MATTER OF THE ) APPLICATION OF CAPITAL ) DEVELOPMENT, INC., FOR FINAL ) PLAT APPROVAL OF 31 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 5 COMMON LOTS ON ) 9.02 ACRES IN AN R-8 ZONE ) LOCATED ON THE SOUTHEAST ) CORNER OF N. LOCUST GROVE ) ROAD AND E. MCMILLAN ROAD ) IN THE NE % OF THE NW % OF ) SECTION 32, T. 4N., R. IE. ) ) CASE NO. FP-06-023 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 May 23, 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: May 23,2006, 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 SETTLEMENT BRIDGE NO.5 LOCATED IN THE NE ~ OF THE NW ~ OF SECTION 32, T. 4N., R. IE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO.5 I (FP-06-023) Page 1 of 4 DATE: 04/11/2006, SHEET 1 OF 4, ENGINEERING NORTHWEST, LLC", CAPITAL DEVELOPMENT, 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: May 23, 2006, listing 23 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 5 pages, and by this reference incorporated herein, and the response letter from Capital Development, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their May 23,2006 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-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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO.5 I (FP-06-023) Page 2 of 4 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO.5 I (FP-06-023) Page 3 of 4 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 '7 /cL' 9- "0 . day of YYl~ ,2006. \\\\\llIlllillll" Tam ",,\ ~ ~'/'k..Kn ",'''''.... IV4;9-Y " .......... I.. _ ........ ~ u.- ~"t; ~" ~ f ~}-".- -, ~o "\ ~ ~ := William G. Berg, Jr., City Clerk ~ ...:1..0 .! ~/",.,~ r l~r~' ~ ,/ Copy served upon Applicant, the Plann"i~ ~1fi(lg 'BWlutment, Public Works Department, and "~I \\\' City Attorney. /f/II/flllll\l\ Attest: By: 8VtaJ1 rY7 8n-~ ~ Dated: Cf1--0'3-ob ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO.5 I (FP-06-023) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: May 23,2006 Transmittal Date: May 15, 2006 ~ .. ' ," ,I,... '4 ~ cU'e~di~n-~;\ IU.\HO ~ ~. ,/l ~"~.~tIri..,. 1"-~'.'r". '~'M.t~._'f" '''~IIl,....~t ~1 .~~,,.M~~.'" ..' . -"-",,,- l;t\ TO: Mayor & City Council FROM: Sonya Watters, Assistant City Planner SII/ Michael Cole, Development Services Coordinator fY\ C SUBJECT: Settlement Bridge Subdivision No.5 Request for Final Plat Approval of Settlement Bridge Subdivision No. 5 Consisting of 31 Single-family Residential Building Lots and 5 Common/other Lots on 9.02 Acres in an R-8 Zone by Capital Development, Inc (File# FP-06- 023) 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, Capital Development, Inc., has applied for final plat approval of Settlement Bridge Subdivision No.5, which consists of 31 single-family residential building lots (attached and detached homes) and 5 common/other lots on 9.02 acres in an R-8 zone. The gross density for this subdivision is 3A4 dwelling units per acre. The net density for this subdivision is 4.01 dwelling units per acre. Settlement Bridge Subdivision No.5 is located in the northeast 1/4 of the northwest l;.I of section 32, TAN, R.1E. The site is generally located off the southeast comer of N. Locust Grove Road and E. McMillan Road. A conditional use permit/planned development was approved for this subdivision that allowed for reductions to the minimum standards for lot size (to 4,031 s.f. for attached lots and 5,250 S.f. for detached lots) and street frontage (to 40 feet for attached lots on straight-away streets and 28 feet for lots on comers/cul-de-sacs, 58 feet for detached lots on straight-away streets and 30 feet for lots on comers/cul- de-sacs, lots sharing common driveways aren't required to have any street frontage). The [mal plat shows one less building lot than was approved on the preliminary plat; however, staff has no objection to this change as the applicant is not increasing the number of buildable lots from what was previously approved. Open space was also increased slightly on the north side of Lots 38 and 40, Block 15 and as a result, lot sizes decreased on these lots but still meet the minimum lot size requirements. The Plamring Director has approved this minor modification. Staff finds that the proposed final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Settlement Bridge Subdivision No. 5 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-03-035), development agreement (Inst. No. 104061807), preliminary plat (PP-03-041), and conditional use permit (CUP-03-065). Exhibit "A" FP-06-023 Settlement Bridge Sub5 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. The applicant has indicated the pressurized irrigation system in this proposed development is to be owned and operated as a private system. Since it is to be owned and operated by a homeowner's association, plans will be reviewed and approved by the Public Works department as a part of the construction plan approval. 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-6B and 11-3A-7. Temporary construction fencing to contain debris shall be installed around the perimeter of this phase where permanent fencing is not proposed prior to release of building permits. 5. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 6. Sanitary sewer service to this site is being proposed via extension of mains in a previous phase. The applicant shall install all sewer mains necessary to serve this development. 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. 7 . Water service to this site is being proposed via extension of mains in a previous phase. The applicant will be responsible to construct all water 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. 8. Graphically depict a special setback on Lots 15-18 Block 15. Building foundations may not be constructed within 20 feet of the infiltration trenches. Those lots that front the infiltration trenches must have a front setback sufficient to guarantee the DEQ mandated 20-feet. 9. Minimum house size for the attached dwellings shall be a minimum of 1,200 feet, exclusive of garage. 10. Lot 39, Block 15, shall have signage designating it as a private street. 11. The private street on Lot 39, Block 15 shall be constructed as a 29-foot wide street section measured from back of curb to back of curb. 12. The private street drive aisle shall be posted as fire lanes with no parking allowed. In addition, the curb shall be painted red. 13. The depicted swing gate on the emergency access shall be equipped with a Knox box Padlock which has to be ordered through the Meridian Fire Department. It shall be signed no parking for emergency access. Exhibit "A" FP-06-023 Settlement Bridge Sub5 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 14. The private street within this development shall comply with all provisions ofUDC 11-3F Private Street Requirements. Prior to signature on the [mal plat the applicant shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 15. A permanent public pedestrian easement shall be recorded, in favor of the City of Meridian, for the North Slough pedestrian pathway prior to certificates of occupancy being issued for this phase. The easement 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. 16. In the Legend on the face of the plat, please correct the note reference on the ACHD Storm Drain Easement to reflect note #10, instead of#9. 17. A License Agreement with ACHD will be required for all landscaping within the right-of-way of E. McMillan Road. 18. Depict a 5-foot wide sidewalk easement on the plat in favor of ACHD within Lot 48, Block 15, adjacent to E. McMillan Road. 19. Remove all buildings that do not meet setbacks established in the Unified Development Code, prior to signature on the final plat by the City Engineer. 20. The landscape plan, prepared by The Land Group and dated 4/14/06, shall be revised as follows: a. Include tree class in plant schedule. b. Include detail (picture) of proposed fence. c. Perimeter fencing shall be 6 feet in height per preliminary plat condition of approval #18. d. Legend shows the existing & installed plants as the same symbol; revise symbol. e. Calculations table meeting the criteria shown on the final plat landscape plan checklist. f. A statement of how existing healthy trees proposed to be retained will be protected from damage during construction. g. Indicate which existing trees on-site will be retained or removed. h. All woody sluubs shall be a minimum 2 gallon pot size. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 21. Revise or add the following note(s) on the face of the plat dated 4/11/06, prepared by Engineering Northwest, LLC., prior to signature on the final plat by the City Engineer: (11.) ". . . is prohibited lffiless sf,leeifieally allo\':eel. BY the .'\ila CCll:1flty Highway Distriet and the City efMeriel.iaft." 22. Complete the Certificate of Owners and accompanying acknowledgement. 23. Staffs failure to cite specific ordinance provisions or terms of the approved alUlexation, development agreement, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP-06-023 Settlement Bridge SubS FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways and the North Slough, 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 [mal 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 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 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 shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting 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. Exhibit "A" FP-06-023 Settlement Bridge Sub5 FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 conforms 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 Settlement Bridge Subdivision NO.5 (FP-06-023) with the above stated comments and conditions. Exhibit "A" FP-06-023 Settlement Bridge Sub5 FP.doc PAGE 5 Ma~ 23 2006 l:~?PM CAPITAL DEVELOPMENT 2083753271 p.2 11\, CAPITAL ' LU DEVELOPMENT, IDe. May 23, 2006 Mayor and City Council City' of Meridian 660 E. Watertower, Suite 200 Meridian, In 83642 Re:File No. FP-;06-023 Settlement Bridge No.5' We, Capital Dt;:velopment;accept the conditions of approval as olJtlined by stafffor the above referenced. Our respons~ to the City"s Site Specific Comments for this project is as follows: CitY of Meqdian ...,: Site Snecific ,ReQuirements 1. All terms of the approved.at1IJeXation (AZ-03-035), develo'pment'agreement (Inst. No. l0406i 807), preliminary plat (pP-03-04L), and conditional use permit (CUP. 03-065) have \:ieen met.' , 2. The Settlement Bridge'Homeownet's Association will dwn and maintain the. pressure irrigation system within .hisdevelopment. 3. An irrigation well will be, continued for use as a secondary source as in phases l through 4., ," ' 4. Agree. 5. Agree: 6. Agree:' 7. Agree. " , ' 8, Setbacks for building foundation have been graphically depicted ~d noted for lots 15-18, block15. . . . 9, Agree. .' _ , 10: Lot 39, block 15 has been given a name (E. Swift Water Ln,) and will have a street sign installed accordingly. 11, . Agree. 12., Agree.- 13. Agree. 14. Agree.. 15;' Agree. . " ' 16. The legend on the face of the plat has been revised to reflect note #10 (ACHO Storm. Drwn 'Easement). . 17. Agr.ee, l8~ 'Existing ACHD sidewalk 'easements have been added to the final plat. 6200 North, Meeker Place Bols.e. Idaho 83713 Office:~(208) 377-3939 :Fax: (208):375-3271 ;". -, ., .. - f"llihit "fl" , Ma~ 23 2006 l:?~PM CAPITAL DEVELOPMENT 2083753271 p_3 19. Agree. 20. The landscape plan will be revised as needed and 3 copies will be submitted prior to signing the final plat. 2!. Revised note #11 of the final plat .....:is prohibited." 22. Agree. General ReQuirements ]. Agree. 2. Agree. 3. A letter of credit will be submitted for those items not already installed or constructed. 4. Agree_ S. Agree. 6. Agree. 7. There are no known wells or septic systems within this phase. S. No engineered backfill is required on this phase of this project. 9. There are not 404 issues with this phase of the development. 10. Agree. 11. Agree. 12. Agree. 13. Agree. Should you have any questions or need anything else, feel free to give me a call. Thank you, I?~~ Vice President Capital Development Xc: Eugene Smith, Engineering Northwest 2 bllit>it "W'