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HomeMy WebLinkAboutWindsong Subdivision No. 2 FP-06-038 BEFORE THE MERIDIAN CITY COUNCIL C/C September 19, 2006 IN THE MATTER OF THE ) APPLICATION OF LANDMARK ) ENGINEERING & PLANNING,. ) INC., FOR FINAL PLAT ) APPROVAL OF 5 SINGLE-FAMILY) RESIDENTIAL BUILIDNG LOTS ) ON 1.06 ACRES IN AN R-8 ZONE ) LOCATED NORTH OF US TICK ) ROAD AND WEST OF LINDER ) ROAD IN THE SE ~ OF THE SE ~ ) OF T. 4N., R.IW., SECTION 35 ) ) ) CASE NO. FP-06-038 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 September 19, 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: September 19,2006, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING WINDSONG SUBDIVISION NO.2 LOCATED IN THE SE )i OF THE SE )i OF T. 4N., R. 1 W., SECTION 35, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WIND SONG SUBDIVISION NO.2 / (FP-06-038) Page 1 of 4 DATE: 06/28/06, SHEET 1 OF 2, LANDMARK ENGINEERING & PLANNING, INC.", STUBBLEFIELD CONSTRUCTION COMP ANY, 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: September 19, 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 3 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 19, 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 ofEnvirolll11ental 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WIND SONG SUBDIVISION NO.2 / (FP-06-038) Page 2 of 4 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. Stonnwater 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 in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDSONG SUBDIVISION NO.2 / (FP-06-038) Page 3 of 4 By: \S(\rV~1\ QJ!LJ 6ry Clerk's Office Dated: ICL I J - 010 after the date ofthis 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~~bt-y ,2006. ATTEST: Copy served upon: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDSONG SUBDIVISION NO.2 / (FP-06-038) Page 4 of 4 STAFF REPORT: CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT ro...-O /,c~"' ~. '0'Vlond/;n'f; '\ .'; } J: )-- <:/ .. Hearing Date: August 22, 2006 Transmittal Date: August 16,2006 lLM.HO FROM: Sonya Watters, Assistant City Planner ~ Michael Cole, Development Services Coordinator rv\ C '~ ~~ ~~. "~..~'~T~::L TO: Mayor and City Council SUBJECT: Windsong Subdivision No.2 Request for Final Plat Approval of Five (5) Single-Family Residential Lots on 1.06 Acres in an R-8 Zone for Windsong Subdivision No.2, by Landmark Engineering and Planning, Inc. (File No. FP~06-038). 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, Landmark Engineering and Planning, Inc., has requested final plat approval for phase 2 of Windsong Subdivision. This phase consists of five single-family residential lots on 1.06 acres in an R-8 zone. The gross density of Phase 2 is 4.71 dwelling units per acre. The net density is 5.17 dwelling units per acre. The proposed subdivision is located approximately 300 ft. north ofW. Ustick Road and 600 ft. west ofN. Linder Road, in the SE ~ of Section 35, TAN., R.l W. The dimensional standards for the common driveway located on Lots 16 & 17, Block 3 were approved with the preliminary plat under the old Meridian City Code. While they don't meet the current standards of the new Unified Development Code, the Planning Director deemed that they were vested under the code that was in effect at the time the preliminary plat was approved. This phase of Wind song Subdivision was previously approved by City Council on April 27, 2004 but the applicant was unable to record the fmal plat within the allotted one year time period because of a boundary dispute on the south-eastern boundary of the property. Since the plat was not recorded within one year, the final plat approval is null and void. The preliminary plat, however, is still valid; therefore, the applicant is now resubmitting the final plat for this phase. Staff fmds that the proposed final plat is consistent with the approved preliminary plat. Staff recommends approval of Windsong Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-03-03l) and preliminary plat (PP- 03-037) for this subdivision. 2. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Fencing along the perimeter of the subdivision shall be installed prior to release of building pennits for Exhibit "A" FP-06-038 Windsong Sub2 FP.doc PAGEl CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT this subdivision. Fencing type shall match the type approved around the perimeter of phase 1 shown on the fencing plan. 3. Sanitary sewer and water service to this has already been installed with Windsong #1. No further water or sewer construction is required. 4. Revise the final plat to comply with Idaho State Statute 50-1304 requirement to be 18-inches by 27-inches. 5. The "Real Point of Beginning" as depicted on the face of the plat does not match the location called out in the Certificate of Owners. The applicant shall revise either the plat or the Certificate of Owners to ensure they are both accurate and congruent. 6. Revise the plat to include the metes and bounds of the eastern boundary of this development. 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. All common driveways shall be constructed in accordance with UDC 11-6C-3D except for the width of the driveway, which shall be paved a minimum of l6-feet wide, as proposed on the preliminary plat, with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. 9. Prior to signature on the final plat by the City Engineer the applicant shall submit a recorded document that shows this property's relinquislunent of the ingress/egress easement, or submit documentation that the ingress/egress easement has been vacated. 10. Revise or add the following note(s) on the face of the plat prepared by Landmark Engineering & Planning, Inc., stamped on 06/28/06 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: (5.) Revise to read, ". . . foot (5') wide public utilities permanent drainage. . ." (12.) Remove note. Secondary access for residential lots is not allowed. 11. The landscape plan, prepared by Jensen Belts and dated 10/13/03 is approved as submitted. 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 watelWays, 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. Exhibit "A" FP-06-038 Windsong Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS 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 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. 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 ll-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Windsong Subdivision No.2 (FP-06-038) with the above stated comments and conditions. Exhibit "A" FP-06-038 Windsong Sub2 FP.doc PAGE 3