HomeMy WebLinkAboutTustin Subdivision No. 1 FP-06-001
BEFORE THE l\1ERIDIAN CITY COUNCIL
C/C February 7, 2006
IN THE MATTER OF THE )
APPLICATION OF DYVER )
DEVELOPMENT, LLC FOR FINAL )
PLAT APPROVAL OF 81 SINGLE- )
FAMILY RESIDENTIAL BUILDING )
LOTSAND13CO~ONLOTSON )
29.13 ACRES IN AN R-4 ZONE )
LOCATED ON THE NORTHWEST )
CORNER OF MCMILLAN ROAD )
AND NORTH LOCUST GROVE )
ROAD IN A RESUBDIVISION OF A )
PORTION OF LOTS 13 & 14, )
BLOCK20FL~OOD )
SUBDIVISION, LOCATED IN THE
SE % OF T. 4N., R. IE., SECTION 30
CASE NO. FP-06-001
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 February 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: February 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 TUSTIN SUBDIVISION NO.1 IN A
RESUBDIVISION OF A PORTION OF LOTS 13 & 14, BLOCK 2 OF
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSTIN SUBDMSIONNO. 11 (FP-06-001)
Page 1 of 4
LARKWOOD SUBDIVISION, LOCATED IN THE SE % OF T. 4N., R IE.,
SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005,
HANDWRITTEN DATE: 01/05/06, SHEET 1 OF 4, ENGINEERING
NORTHWEST, LLC", DYVER DEVELOP:MENT, 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:
February 7, 2006, listing 22 SITE SPECIFIC REQUIREMENTS!F1NAL 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 Dave McKinnon, a true and correct
copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and
by this reference incorporated herem, and the additional requirements of from the
action of the Council taken at their February 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
mosquito breeding problem; and it is suggested that the
stonnwater be pretreated through a grassy swale prior to
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSTIN SUBDMSIONNO. II (FP-06-00I)
Page 2 of 4
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 ofthe 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.
NOTICEOF~ALACTION
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 TUSTIN SUBDMSION NO.1 / (FP~06-001)
Page 3 of4
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 ltJ,
day of
fC6YUD.j
,2006.
By:
y de eer
\\\\\\\;H.ldl.(Jtc.. ~
","_1 Of M'fJ-Yf~"y,Br, tty 0
Att t " :'\ '\ I,{,/ /...
es : _,.." r":., "".(7,0 "-'/
....' V r,.."1;?Of.>/i, "'0-;"
~ ...011...)' ' ,,~~ 1 ~ v ~
j{ll)cCLl' tJ~U nl- Dr.: rll l ,( ~~ fuJu,:~' \
William G. Berg, Jr., City Clerk -;. -> \(..;, ,', ~
\. 1b '(.{."&/ 10\ . ,c ..;t:.O f
C?py served upon Applicant, the Planning~~~ ~ng-: e~~~ent, Public Works Department, and
CIty Attorney. /1/11 {JNT'f, \\\\"
/'fflll! IIIH\\\
By: (~ 11 iL/1 in I ~'rVvt :fe---:>
City Clerk's Office -
02'/~ '-00
Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TUSTIN SUBDMSIONNO. 11 (FP-06-001)
Page 4 of 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT:
Hearing Date: February 7,2006
Transmittal Date: January 31, 2006
,
.,,-
'-,)1'"
f;~l.:,~,~~
cJvGrlJl;~
TO:
Mayor & City Council
Sonya Watters, Assistant City Planner ~
Michael Cole, Development Services Coordinator rYt c
FROM:
SUBJECT:
Tustin Subdivision No.1
Request for Final Plat Approval of Tustin Subdivision No. 1 Consisting of 81
Single-family Residential Building Lots and 13 Common/other Lot on 29.13
Acres in an R-4 Zone by Dyver Development, LLC (File# FP-06-00 1)
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, Dyver Development, LLC, has applied for final plat approval of the first phase of Tustin
Subdivision which consists of 81 single-family residential building lots and 13 common/other lot on
29.13 acres in an R-4 zone. The gross density of this phase of the development is 2.78 dwelling units per
acre. The net density is 3.53 dwelling units per acre.
Tustin Subdivision is a re-subdivision of a portion of Lots 13 & 14, Block 2 of Larkwood Subdivision
located in the SE 1/4 of Section 30, TAN., R.1E. The site is located just off the northwest comer ofN.
Locust Grove Road and E. McMillan Road.
Site specific condition #13 of the preliminary plat requires the applicant to record a permanent pedestrian
easement in favor of the City of Meridian for the regional pathway prior to occupancy of any structures
within the phase. Staff has slightly modified this condition (see site specific requirement #18) to read that
the applicant shall record the easement prior to issuance of building permits for any lots within this phase.
This change is being made because enforcement of this condition has been found to work better at the
building permit stage, rather than occupancy stage.
The final plat for this subdivision substantially complies with the approved preliminary plat.
Staff recommends approval of Tustin Subdivision No. 1 with the comments and conditions stated in this
report.
SITE SPECIFIC REQUIREMENTS
L Applicant is to meet all tenns of the previously approved annexation (AZ-05-002) and
preliminary plat (PP-05-003).
2. The first fifty homes in this phase are allowed to be built with only one point of access. Prior to
issuance of the 51 sf building permit, a secondary emergency access approved by the Meridian Fire
Department shall be provided.
Exhibit "A"
FP-06-001 Tustin Sub 1 FP.doc
PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
3. The applicant has indicated that Settlers Irrigation District will own the pressurized irrigations
system in this proposed development. Since it is to be owned and operated by an Irrigation
District then a license agreement shall be entered into prior to the scheduling of a pre-
construction meeting.
4. The City of Meridian requires that pressurized ilTigation 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.
5. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. Prior to issuance
of building permits for this phase, temporary construction fencing to contain debris shaH be
installed at the subdivision boundary where permanent fencing does not exist.
6. The applicant shall be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or 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.
7. Sewer is being proposed via extension of the North Slough Trunk that is already installed through
this project. The applicant shall install sewer mains to and through 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.
8. Graphically depict and call out the instrument number of the sanity sewer easement in Lot 9
Block 6, and Lot 1 Block 4.
9. Water is being proposed via extension of mains in N. Locust Grove Road. The applicant will be
responsible to construct water mains to and through this 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.
10. Locust Grove Road is acts as a pressure zone boundary for the City of Meridian's water system.
The west side of Locust Grove is in a different zone and therefore a Pressure Reducing Vault is
required to serve this site. The applicant shall be responsible to install a pressure reducing vault,
size and location to be determined by the Public Works Department. It shall include
communication capabilities consistent with the City of Meridian's SCADA system.
11. Include the CP&F instrument numbers for the section corner common to sections 29, 30, 31, and
32, and the NW ~ corner of the SW ~ of section 29.
12. The front page of the plat indicates that Larkwood Subdivision borders the southern boundary of
this development. The applicant shall confirm that this is accurate and if not remove that
particular reference to Larkwood Subdivision.
13. Graphically depict a 20-foot wide special street side setback on all lots that contain the proposed
seepage beds. The setback is needed to comply with Idaho Department of Environmental Quality,
Catalog of Best Management Practices that requires 20-feet of separation between underground
Exhibit "A"
FP-06-001 Tustin Subl FP.doc
PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
storm drainage facilities and building foundations. A note on the plat shall be added that
references this information.
lfthe seepage beds can be designed to allow for 20-feet of separation using the proposed l5-foot
setback to living space the special street setback could be waived.
14. The applicant shall be responsible for the payment of assessments and the actual hook up to
municipal services for the existing house.
15. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the
final plat by the City Engineer.
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 corrections necessary to comply.
17. A sidewalk easement in favor of Ada County Highway District is required for the sidewalk
located outside of the right-of-way and within the street buffer along S. Locust Grove Road;
revise plat accordingly.
18. A permanent public pedestrian easement, in favor of the City of Meridian, shall be recorded for
the regional pathway contained in Lot 15, Block 2 of this phase of Tustin Subdivision. The public
easement shall be recorded for the pathway prior to issuance of building permits for any structure
within this phase. Submit a copy of the recorded easement to the Planning Department and Parks
Department. The easement shall be sufficient width to cover the lO-foot wide pathway. 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.
19. The landscape plan, prepared by The Land Group and dated 12/13/05, shall be revised as follows:
a. The plan does not appear to scale out correctly; revise plan accordingly.
b. A micropath in required through Lot 13, Block 2 and Lot 9, Block 6 for pedestrian
connection to the multi-use pathway. Micropaths shall be constructed in accordance with
UDC 11-3A-8.
c. Show the lO-foot wide hard-surface pathway located on Lot 15, Block 2.
d. A six-foot open vision fence or four-foot solid fence is required adjacent to the North
Slough pathway on Lots 10-14, Block 6 and Lots 12 and 14-20, Block 2.
e. A six-foot solid cedar fence is not allowed around the common area in Block 4. Revise
the plat to show either a six-foot tall open vision fence or four-foot tall solid material.
f. Include details for all proposed fencing shown on the plan (picture & description).
g. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement
to edge of sidewalk or property line, developer shall maintain a 10-foot wide compacted
gravel shoulder meeting the construction standards of the Transportation Authority and
landscape the remainder with lawn or other vegetative groundcover. (Landscaping
improvements within the right-of-way shall require a license agreement between the
property owner and the Transportation Authority.)
h. Relocate the trees shown on Lot 9, Block 6 and Lot 1, Block 4 that are within the 20-foot
wide sewer easement.
I. Include the tree class in the plant schedule for all trees shown.
Exhibit "A"
FP-06-00 1 Tustin Sub 1 FP .doc
PAGE 3
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.
20. Revise or add the following note(s) on the face of the plat dated 1/5/06, prepared by Engineering
Northwest, LLC, prior to signature on the final plat by the City Engineer:
(1.) ".. .public right-of-way line hasve a ten..."
(2.) ".. . five (5) foot wide public utility property drainage..."
(3.) ".. .(10) foot wide public utility property drainage..."
(8.) "... shall be in compliance with Title 11 and Title 12 of the Meridian City Code."
(10.) ".. .is prohibited unless specifically allo'.ved by the .\da County High"yay District and the
City of Meridian."
(12.) Delete note (fencing details not applicable to plat)
(15.) Include instrument number.
21. Complete the Certificate of Owners and accompanying acknowledgement.
22. Staffs failure to cite specific ordinance provisions or terms of the approved annexation or
preliminary plat does not relieve the Applicant of responsibility for compliance.
GENERAL REQUIREMENTS
I. 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 irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public Works
Depa11ment. 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 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.
Exhibit "A"
FP-06-00l Tustin Subl FP.doc
PAGE 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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. We11s may be used for
non-domestic purposes such as landscape ilTigation.
8. Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfi11, 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 instaHing
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 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.
14. One hundred watt, high-pressure sodium streetlights shatl 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 Tustin Subdivision No.1 (FP-06-001) with the above-
stated comments and conditions.
Exhibit "A"
FP-06-001 Tustin Sub 1 FP.doc
PAGE 5
Page 1 of 1
Mike Cole
From: Dave McKinnon [dmckinnon@congergroup.com]
Sent: Tuesday, February 07, 2006 4:02 PM
To: Len Grady; Mike Cole
Subject: FW: Tustin Sub NO.1
IDf.IoA\ ~nqnd
SDOl L 0 83d
______~___qg~l a:) ir ii-- n
from: Dave McKinnon
Sent: Tuesday, February 07, 20063:09 PM
To: 'gradyl@meridiancity.erg'
Subject: Tustin Sub No.1
Len,
Thanks for meeting with me today to discuss the PRV needed for the Tustin Sub NO.1 Final Plat. We agree, per
our convelSanon today t to pay the first $18,900 towards the PRV, and that ifthe costs exceed that number the
City will pay the remainder of the cost of the PRV. Again thanks for your time and lets push this sub on though
tonight without discussion.
Dave
2/7/2006
Exhibit "B"
DATE:
February 6, 2006
ATTN:
Mayor and City Council, City of Meridian
RE:
Tustin Subdivision No.1 Final Plat Staff Report
Dear Mayor and Council,
We have reviewed the staff report for Tustin Subdivision No. I and are in agreement with
the recommcndation and the "Site Specific Requirements". However, we would like to
clarify one of the recommendations as follows:
Page 2, requirement No. 10 rcquires the installation of a "pressure reduction
vault" (PR V) to stitch together two separate water pressure zones that come
together on this piece of property. The PRY was not required as a part of the
preliminary plat approval and was not included in the constmction drawings (or
budget) prepared for this subdivision. We are happy to install the concrete vault
but we would like to see the City install the internal parts ofthe vault connecting
the two pressure zones. The construction of the PRY will effectively loop the
City's water system and we would like to work cooperatively with the City to
loop the system.
We hope that this is agreeable to the City, and we look forward to meeting with you soan.
If YOll have any questions please contact me at 353-2515 or via e-mail at
dmcki nnon@congergroup.com.
Sincerely,
Dave McKinnon
CMG
E:>>hibil "8"