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HomeMy WebLinkAboutAmbercreek Subdivision No. 2 FP-06-027 BEFORE THE MERIDIAN CITY COUNCIL C/C July 18, 2006 IN THE MATTER OF THE ) APPLICATION OF DYVER ) DEVELOPMENT, LLC FOR FINAL ) PLAT APPROVAL OF 74 ) RESIDENTIAL BUILIDNG LOTS ) AND 5 COMMON LOTS ON 16047 ) ACRES IN AN R- 8 ZONE ) LOCATED WEST OF NORTH ) MERIDIAN ROAD AND SOUTH OF ) WEST MCMILLAN ROAD IN THE ) NE y.t OF THE NE y.t OF SECTION ) 36, TAN., R. lW. ) ) CASE NO. FP-06-027 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 July 18, 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: July 18, 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 AMBERCREEK SUBDIVISION NO. 2 LOCATED IN THE NE 'l.t OF THE NE 'l.t OF SECTION 36, T. 4N., R. lW., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 / (FP-06-027) Page 1 of 4 HANDWRITTEN DATE: 07/12/06, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", DYVER 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: July 18, 2006, listing 20 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 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 from the action ofthe Council taken at their July 18, 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 AMBERCREEK SUBDIVISION NO.2 1 (FP-06-027) 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 AMBERCREEK SUBDIVISION NO.2 1 (FP-06-027) 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 ~ <;(~ day of SdJr ,2006. B:~~ ,,\\\\\\dlXIJIII/M~YOR de WEERD ,,\ --( CI(- ~ '') .,;, ATTEST: ~'~~ ..---;;-:::~.(.! ": " v ,'-;'o"".P 0""-1 I' "'., ,1,.> ~. . J~ ;6-~1 cd ~ fLL'-"~') "', WILLIAM G. BERG, JR., ITY CL~ "" i?/.: .... ~ 4), . ,\0 ..' ..') . Copy served upon Applicant: ..,/ ;f~V'(Jt 181' ,././..:it ",;/ v/ /(. ~~-K~":- PubtrCl,~rJeRWtfuent v'City Att6'tHty"lI\ BY~~A..I W City Clerk's Office Dated: ~ ~~:). -Oll ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AMBERCREEK SUBDIVISION NO.2 1 (FP.06-027) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT FROM: Sonya Watters, Assistant City Planner Sw Michael Cole, Development Services Coordinator (Y\ C ~~ oUeridi~n't . \ \ Il),\HO ~ .~ ). \~'f"' L ~;f.~t -'-("" "",'!,!t-'J:........,... ~f.~->< ,,' -- ---. I'm STAFF REPORT: Hearing Date: July 18, 2006 Transmittal Date: July 13, 2006 TO: Mayor & City Council SUBJECT: Ambercreek Subdivision No.2 Request for Final Plat Approval of Ambercreek Subdivision No.2 Consisting of 74 Single-family Residential Building Lots and 5 Common/other Lots on 16A7 Acres in an R-8 Zone by Dyver Development, LLC. (File# FP-06-027). 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 74 single-family residential building lots and 5 common/other lots on 16A7 acres in an R-8 zone for the second phase of Ambercreek Subdivision. The proposed gross density of this phase of the development is 3.15 dwelling units per acre. The proposed net density is 4.8 dwelling units per acre. Ambercreek Subdivision No.2 is located west ofN. Meridian Road, on the south side of W. McMillan Road in the NE 1/4 of Section 36, TAN., R.l W. This property has not been previously platted. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Ambercreek Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-05-055), development agreement (Inst. #106048481), and preliminary plat (PP-05-057) for this subdivision. 2. 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 permanent fencing is not proposed prior to release of building permits. 3. Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 4. The face of the plat shows the lots in Block 5 starting with Lot 3. It appears to staff that this should be Lot 2 as only one lot in this block was platted in the last phase. The applicant shall confirm this and make any necessary adjustments to ensure consecutive lot numbering. Also, revise note #3 and #7 on the face of the plat accordingly. Exhibit "A" FP-06-027 Ambercreek Sub2 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5, Revise or add the following note(s) on the face of the plat dated 7/12/06, prepared by Bailey Engineering, Inc., prior to signature on the final plat by the City Engineer: (3,) Revise Lot numbers in Block 5 according to condition #4 above. (7.) Revise Lot numbers in Block 5 according to condition #4 above. (11.) Include instrument number. (*.) Add note: "This plat is subiect to a development agreement recorded as instrument number 106048481 of Ada County Records." (*.) Add note: "Fencing adiacent to Lot 9. Block 16 and Lot 6. Block 17 shall be in compliance with the most recentlv approved Fencing Standards ofthe City of Meridian." 6. The Landscape Plan, prepared by The Land Group and dated 5/19/06, shall be revised as follows: a. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in the Transportation Authority's five-year funded plan, developer shall maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the Transportation Authority (ACHD) is required along W. McMillan Road. The remaining area must be landscaped with lawn or other vegetative groundcover; revise plan accordingly (UDC 11- 3B-7C5a). b. Depict the 5-foot wide detached sidewalk along W. McMillan Road. c. Depict 4-foot wide detached sidewalks along all internal streets with 8-foot wide parkways planted with Class II trees. d. Provide trees in accordance with UDC 11-3B-7 within the street buffer outside of the Settler's Irrigation District easement along W. McMillan Road. IfIdaho Power will not allow trees within their easement, widen the landscape buffer by 5 feet and include the required trees within this area (per preliminary plat condition of approval # 1.1.6.). e. Revise the landscape strip on both sides of the pathway on Lot 6, Block 17 to be a minimum of 5-feet wide per UDC 11-3B-12C1. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer, 5. The applicant has indicated that the Settlers Irrigation District will own and maintain the pressure irrigation system within this development. Ifthe system is to be owned and maintained by Settlers Irrigation District, evidence of a license agreement with Settlers shall be provided to Public Works prior to scheduling of a pre-construction meeting. 6. 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. 7. Prior to issuance of the first occupancy permit, provide five-foot wide detached sidewalks and landscaping along the entire frontage ofW. McMillan Road and N. Meridian Road. 8. Prior to signature on the final plat by the City Engineer, submit documentation from Nampa Meridian Irrigation District that the 66-foot irrigation district easement shown on the plat is sufficient to protect their facility. Exhibit "A" FP-06-027 Ambercreek Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 9, The bearing from the NE comer of section 36 shown on the plat does not meet what is called out in the Certificate of Owners, Please revise so that the bearings are the same and accurate. 10. The extra width to the easement being shown on the south side of Lot 8, Block 15 shall be moved in coordination with the construction plan redline comment to move the pressurized irrigation line out of the water service corridor. 11. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement m the following locations, They will be interior lot lines to future phases, a.) South boundary of Lot 3, Block 5. b.) South boundary of Lot 2, Block 6. c.) South boundary of Lot 4, Block 12. 12. Graphically depict a special setback of 20-feet from the right of way on the following lots, The setback is needed to comply with Idaho Department of Environmental Quality Catalog of Best Management Practices that require 20-feet of separation between underground storm drainage facilities and building foundations. A note on the plat shall be added that references this information. a.) Lots 5, 6, Block 5. b.) Lots 2-8, Block 15. 13, Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 16 feet of pavement within a 20-foot right-of-way, as proposed, and include 28- foot inside and 48-foot outside turn radii where the alleys intersect the public streets. 14. Sanitary sewer service to this development is proposed via extensions of mains planned in earlier phases. The applicant shall install sewer mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 15. Water service to this proposed development is being proposed via extensions of mains in N, McMillan Road and proposed mains in previous phases. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 16. The City of Meridian's to and through policy will require the applicant to install water main on the frontage of this property in McMillan Road. Once the frontage main is installed, there will be a gap of approximately 290-feet between this development and the intersection of McMillan and Meridian roads without water main. The applicant shall coordinate with the Public Works Department a cooperative agreement whereby this gap in the water line is installed with this development and funded by the City of Meridian. 17. 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. 18. No subdivision identification signs are approved with this application, All proposed signs will require approval of a separate sign permit. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater 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 Exhibit "A" FP-06-027 Ambercreek Sub2 FP.doc CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 1l.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 20, Staffs failure to cite specific ordinance provlSlons, or terms of the approved annexation, development agreement, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1, All irrigation ditches, laterals or canals, exclusive of the Lemp 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 [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. 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. Exhibit "A" FP-06-027 Ambercreek Sub2 FP,doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 13, 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. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the fma1 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 Ambercreek Subdivision NO.2 (FP-06-027) with the above stated comments and conditions. Exhibit "A" FP-06-027 Ambercreek Sub2 FP,doc PAGE 5 ~iley Engineering,lnc. CIVIL ENGINEERINGIPLANNINGICADD DATE: July 18,2006 TO: Mayor and City Council RE: Ambercreek Subdivision No.2 -C___,_._ Dear-Mayor and City Council, On behalf of Ollr client we would like to state that Dyver Development, LLC agrees with all Site Specific Comments and Conditions set forth in the final plat for Ambercreek Subdivision No.2. I11ank you for your time and consideration, Sincerely, ~/~~ Aj Lopez Development Services 1500 E. Iron Eagle Drive . Eagle, Idaho 83616 . Tel.: 208-938-0013 . Fax: 208-938.0516 www.baileyengineers.com t,:'(hibil "8"