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HomeMy WebLinkAboutParamount Subdivision No. 13 FP-06-037 BEFORE THE MERIDIAN CITY COUNCIL C/C August 15, 2006 IN THE MATTER OF THE ) APPLICATION OF PARAMOUNT ) DEVELOPMENT, INC., FOR FINAL ) PLAT APPROVAL OF 47 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 1 COMMON LOT ON ) 11.45 ACRES IN AN R-8 ZONE ) LOCATED WEST OF MERIDIAN ) ROAD AND NORTH OF ) MCMILLAN ROAD IN THE W Y2 ) OF THE SE ';4 OF SECTION 25, T. ) 4N., R.IW. ) ) CASE NO. FP-06-037 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 August 15, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, arId Michael Cole, Develupment Servi(,;e~ Cuunlinalur fur the Public Works Department, dated: Hearing Date: August 15, 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 PARAMOUNT SUBDIVISION NO. 13 LOCATED IN THE W 12 OF THE SE ~ OF SECTION 25, T. 4N., R. 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 13 / (FP-06-037) Page 1 of 4 DATE: 06/28106, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC, BOISE, IDAHO, PARAMOUNT DEVELOPMENT, INe., 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: August 15, 2006, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 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 from Engineering NorthWest, LLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of2 pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their August 15, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 131 (FP-06-037) Page 2 of 4 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 13 1 (FP-06-037) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 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. 15th By action of the City Council at its regular meeting held on the day of Ai 'j--l~~ \ ,2006. ATTEST: Copy served upon: BEi",L l ~ - rf ,. ., CITY ~~ r"\ ' '\ D 2 ~ 13 ./ ~-<.:' ~ """....... ~. _ _ 1.) ",,,....' V ApplicknrVUNT'<. ""..., . fl . 111!Luu.\Jj\\l' V" Plannmg Depanment V"" ~.1lblic Works Department .....- City Attorney BY:(~ City Clerk's Office Dated: <? .. J.5 -all> ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 13 1 (FP-06-037) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: August 15,2006 Transmittal Date: August 10, 2006 oUerldl~ '\ . ': \ _ I L),\HO ~. ~~./l . ~~'tt~J.'i!,,~!!\.:'!!l~ (a; fV\c TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner '(JI Michael Cole, Development Services Coordinator SUBJECT: Paramount Subdivision No. 13 Request for Final Plat Approval of Paramount Subdivision No.13 Consisting of 47 Single-Family Residential Building Lots and 1 Common Area Lot on 11.45 Acres in an R-8 Zone by Paramount Development, Inc. (File# FP-06-037). 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, Paramount Development, Inc., has applied for final plat approval of 47 single-family residential building lots and 1 common area lot on 11.45 acres ofland for Paramount Subdivision No. 13. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The gross density of the proposed subdivision is 4.1 0 dwelling units per acre; the net density is 5.34 dwelling units per acre. Paramount Subdivision is located ~ mile north of McMillian and lh mile west of Linder in the W 1/2 of the SE ~ of Section 25 T. 4N., R. 1 W. This property has not been previously platted. A Conditional Use Pennit for a Planned Development was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks for living area reduced from 15' to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. The submitted final plat shows an additional 7 lots; however, phases 1 through 11 have lost 13 lots overall. Also, the design of the 7 additional lots corresponds with the approved subdivision to the south, Cedar Creek Subdivision. The proposed density is within the range of a medium density development, as depicted on the Comprehensive Plan Future Land Use Map. Even with the change in density, staff believes that the proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Subdivision No. 13 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-008) and development agreement (Inst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. Plans and specifications for the irrigation Exhibit "A" FP-06-037 Paramount Subdivision No. 13 FP.doc PAGEl CITY OF MERIDIAN PLANNING AN 0 PUBLIC WORKS DEP AR TMENTS STAFF REPORT system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval. 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 permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 5. Sanitary sewer and water service to this site is being proposed via extensions of existing mains in surrounding development. Applicant will be responsible to construct the sewer and water mains to and through 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. 6. 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. 7. Revise the plat to include a 10- foot public utilities, drainage and irrigation easement along the western boundary of Lot 14, Block 36. There is an irrigation main being installed along that lot line. 8. Graphically depict a special setback from the right-of-way in the following locations. The size of the setback shall be sufficient to ensure the 20-foot separation requirement of the Department of Environmental Qualities Best Management Practices between a seepage bed and building foundation. Reference the setback in a plat note. a) Eastern boundary of Lots 20-22, Block 26. b) Northern boundary of Lots 16-19, Block 34. c) Northem boundary of Lots 1-5, Block 5. 9. The landscape plan, prepared by The Land Group and dated 0717106 is approved as submitted. 10. 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. 11. 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 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 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. Exhibit "A" FP-06-037 Paramount Subdivision No. 13 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 12. Complete the Certificate of Owners and the accompanying acknowledgement. 13. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11- 3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 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. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting 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. Exhibit "A" FP-06-037 Paramount Subdivision No. 13 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 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 Paramount Subdivision No. 13 (FP-06-037) with the above stated comments and conditions. Exhibit "A" FP-06-037 Paramount Subdivision No. 13 FP.doc PAGE 4 EnKineel.,'~ NorthWest, LLC 423 N. Ancestor Place. Suile 180 Boise. Idaho 83104 (208) 316-5000 . Fax (208) 376-5556 August 14, 2006 Mayor and City COunciL~ City of Meridian 660 E. Watertower, Suite 200 Meridian. ID 83642 --.. -'- - "'-- ./ Re: File No. FP-06-037 Paramount Subdivision No. 13 .-----..,..,....-.......... I am writing on behalf of our client, Paramount Development, Inc. who has indicated to us their acceptance of the conditions of approval as outlined by staff for the above referenced. Our response to the City's Site Specific Comments for this project is as follows: ". ---"'~':--..::::...:-~~...-----.-- ----:::...----------~.-........--- ~~---.. Site Specific Requirements 1) All terms of the approved Preliminary Plat (pP-03-004), Conditional Use Permit (CUP-03-008) and Development Agreement (lost. No. 103137116) have been met. 2) The Paramount Homeowner's Association will own and maintain the pressure irrigation system within this development. An irrigation well will be continued for use as a secondary source as in previ9us phases. 3) This project has a private well as a year round source of water supply for the pressure irrigation. 4) Agree. 5) Sewer and water mains will be constructed through this phase of development by cOJmecting to existing extensions from previous phases. 6) There are no domestic wells or septic systems located within this project. 7) Lot 14, Block 36 has been revised to include a 10-foot public utilities, drainage and irrigation easement to accommodate the irrigation main to be installed along the lot line. 8) The 20.foot setback requirement for DEQ Best Management Practices between seepage bed and building foundation will be depicted on the plat for the following lots: a) Eastern boundary of Lots 2()"22, Block 26 b) Northern boundary of Lots 16-19, Block 34 c) Northern boundary of Lots 1-5, 11 and 12, Block 36 9) Agree 10) Agree 11) Agree 12) Certificate of Owners has been completed. 13) Agree. Exhibit "fl" City of Meridian - General Reauirements The developer agrees to all the general requirements contained in the staff report dated August 10,2006. Should you have any questions or need anything else feel free to give me a call, Thank you, Xc: Jay Walker, Brighton Development F~hib;t "W 2