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HomeMy WebLinkAboutIncline Village Subdivision FP-06-045 BEFORE THE MERIDIAN CITY COUNCIL C/C October 17, 2006 IN THE MATTER OF THE ) APPLICATION OF INCLINE ) VILLAGE, LLC FOR FINAL PLAT ) APPROVAL OF 61 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 8 COMMON LOTS ON ) 20.01 ACRES IN AN R-4 ZONE ) LOCATED AT 1947 AND 1923 ) NORTH BLACK CAT ROAD AND ) 5136 WEST CHERRY LANE IN A ) PORTION OF THE SE % OF T. 3N., ) R.IW., SECTION 4 ) ) CASE NO. FP-06-045 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 October 17, 2006, and the Council finding that the Administrative Review is complete 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: October 17, 2006, to the Mayor and Council, and the Council havingcunsiut:n:;:u the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING INCLINE VILLAGE SUBDIVISION LOCATED IN A PORTION OF THE SE y,! OF T. 3N., R. tW., SECTION 4, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INCLINE VILLAGE SUBDIVISION / (FP-06-045) Page 1 of 4 HANDWRITTEN DATE: 09/01/06, SHEET I OF 4, J-U-B ENGINEERS, INC.", INCLINE VILLAGE, 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 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: October 17, 2006, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 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 J-U-B Engineers, inc., a true and correct copy ofwhich is attached hereto marked Exhibit "B" and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their October 17, 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 INCLINE VILLAGE SUBDIVISION / (FP-06-045) 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 tu Iuahu CUUI;: ~ 67-6521. An a[[ectt:d person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INCLINE VILLAGE SUBDIVISION / (FP-06-045) Page 3 of 4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. \"It\.-.. By action ofthe City Council at its regular meeting held on the \ day of -----Cc.tob~ ,2006. ATTEST: ..\ l\~/I. Q W _ SEM.. _ ~IAM G. BERG, JR., CITY CLERI€. 1! ~b. rP. [" / % () ~~,. 13\ . '" ..D 2 '1- ~ "<' v Copy served upon: . ....Applicant //r/ ~. -- v ~t' "......... / . 1!1J~1' \" v ....Plannmg Departmtmt,,, 11''''\\\\\ ~ A'ublic Works Department ./ City Attorney By: 8nC/J'\ ~0"(~ \) City Clerk's Office Dated: I 0 ,- d- Ii -o(p ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INCLINE VILLAGE SUBDIVISION / (FP-06.045) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT l STAFF REPORT: Hearing Datc: Octobcr 17, 2006 Transmittal Date: October 12, 2006 TO: Mayor and City Council \ 1I),\/iO ~ ~(' ~~~ ,'t~1)~~'" -" '. 'Y ~ I '~Jc/ . .1'11 FROM: Kristy Vigil, Assistant City Planner '{.JI Michael Cole, Development Services Coordinator M Co- SUBJECT: Incline Village Subdivision Final Plat Request for Final Plat Approval of Incline Village Subdivision Consisting of 61 Single-Family Residential Building Lots and 8 Common Lots on 20.01 Acres in an R-4 Zone by Incline Village, LLC (File# FP-06-045)_ 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, Incline Village, LLC, has applied for [mal plat approval of 61 single-family residential lots and 8 common lots on 20.01 acres ofland for Incline Village Subdivision. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross dcnsity of the proposed subdivision is 3.05 dwelling units per acre; the net density is 3.80 dwelling units per aere. Incline Village Subdivision is located at 1947 and 1923 N. Black Cat Road and 5136 W. Cherry Lane in the SE ~ ofT. 3N., R.l W., Section 4. This property has not been previously platted. The City Council approved the preliminary plat for Incline Village Subdivision on July 11, 2006 and the submitted [mal plat substantially complies with the approved preliminary plat. Staff recommends approval of Incline Village Subdivision 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-06-016) and development agreement (Inst. No. 106151230). 2. The applicant's applieation indieated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District. However the plat calls out Settlers as owning and maintaining the system. A letter of plan approval from the agency who will own the system shall be submitted prior to scheduling of a pre-construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, 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. Exhibit "A" FP-06-045 Incline Village Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 1l~3A.7. Temporary eonstruction 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 pemiits for this subdivision. 5. The existing house shall be required to connect to City sewer and water. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and shall be responsible for the actual physical connectiOI1 uf tht: huust: tu tht: serviees prior to certificates of occupancy being issued. 6. Sanitary sewer to this site is being proposed via extensions of existing mains in Black Cat Road. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to eo ordinate 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. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. 7. The applicant shall submit a signed easement using City of Meridian's standard forms for the off- site sewer main prior to plan approval. 8. Water service to this site is being proposed via extension of mains in Turnbeny and W. Cherry Lane. The applieant shall be responsible to install mains to and through this development. Coordinate main size 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. 9. Any existing domestic wells and/or septie 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. 10. Graphically depict on the face of the plat a speeial setback on along lots that are adjacent to the proposed infiltration trenches. The setback shall be of sufficient width to ensure the Department of Environmental Quality's Best Management Practice of 20-feet separation between building foundations and infiltration trenches. 11. Address ownership in a plat note for the following lots: Lot I, Block 1, and Lot 6, Block 4. 12. Prior to signature of the final plat by the City Engineer, the applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private street easement to Black Cat Road (coordinate the drafting of this document with the City's Legal Department.) 13. Per the development agreement, Lots 1-3, Block 4 shall be limited to single story eonstruetion. Bonus rooms shall be allowed on the subject lots, but no south facing windows are pemiitted. The Meridian Building Department will enforce these restrictions. 14_ The sum of the lot lines of the eastern boundary of Block 3 do equal what is depicted on the plat. The applicant shall confirm this information and make any necessary adjustments. 15. The bearing shown on the northern boundary ofthis project does not match the bearing ofrecord for Turnbeny No.2. The applicant shall include bearings or record in parenthesis. Exhibit "A" FP-06-045 Incline Village Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 16. The applicant shall submit final street name approval from the Ada County Street Name Committee. 17. Revise the following plat notes on the face of the plat prepared by J-U-B Engineers, Inc., and dated 09/01/06: 3.) Revise to read, ". . . unless otherwise dimensioned a 10-foot wide permanent public utilities, drainage and irrigation is tB-be centered on interior. . ." 10.) Include instrument number. 11.) Include instrument number. *.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12-inches above the highest established normal ground water elevation." ....) Add a note, "Individua110t owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such maintenance responsibilities are assumed by an irrigation/ drainage district." *.) Add a note, "Direct lot access to N. Black Cat Road is prohibited." *.) Add a note, "This plat is subject to a development agreement reeorded as instrument number 106151230 of Ada County Records." 18. The landscape plan, prepared by Jensen Belts and dated 02/01/06, shall be revised as follows: a. Move conifers in landscape buffer along Cherry Lane to the middle of the buffer (north- south) per UDC 11-3B5C; b. Depict the required fencing along Lot 19, Block 2 and Lot 9, Block 3 per UDC 11.3A- 7A7a; d. Include fencing details (i.e. construction materials & picture/sketch) for the required fencing along Lot 19, Block 2 and Lot 9, Block 3 per UDC 11-3A-7 A 7b; e. Depict and construct a lO-foot wide gravel shoulder with lawn or other vegetative groundcover along Cherry Lane adjacent to the site, per UDC 11-3B-7C5a. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 19. All areas approved as open spaee shall be free of wet ponds or other such nuisances. All slunuwaler detention facilities incorporated into the approved open space aTe 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 spaee 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-11, 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 fmal construction. 20. 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 Exhibit "A" FP-06-045 Incline Village Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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, altemate plans will be reviewed and approved by the City Engineer 2. 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 pIal. 3. 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. 4. 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. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat. 6. 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. 7. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 9. All development features shall comply with the Americans with Disabilities Act and the Pair Housing Act. 10. 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. 11. 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 ll-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 eonforms 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 Incline Villal!e Subdivision (FP-06-045) with the above stated comments and conditions. Exhibit "A" FP-06-045 Incline Village Subdivision FP.doc PAGE 4 ~ f"~U.B :. ~ J-U-B ENGINEERS, Inc. ENGINEERS. SURVEYORS . PLANNERS 250 S. Beechwood AvenLJe, Suite 101 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 October 16, 2006 Kristy Vigil City of Meridian 660 Watertower Lane, Suite 201 Meridian, ID 83642 RE: Incline Village Subdivision - Final Plat Dear Kristy: Please accept this letter as our response to your staff report regarding the above noted project dated Oc.LOber 17, 2006. Our response to the conditions of approval are noted below each condition. 1. Applicant is to meet all terms of the approved preliminary plat (PP-06-016) and development agreement (Inst. No.1 06151230). Dul y noted. 2. The applicant's application indicated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District. However the plat calls out Settlers as owning and maintaining the system. A letter of plan approval from the agency who will own the system shall be submitted prior to scheduling of a pre-construction meeting. The projgct is provided with irrigation water by the Settler's Irrigation District and the PI system will be owned and maintained by the HOA. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, 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. The project will utilize a single point connection to the Meridian water system. Connection details and common irrigable areas were provided to the city with the construction plans and final plot application. 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. Dul y noted. 5. The existing house shall be required to connect to City sewer and water. The applicant shall be responsible for the payment of assessments prior to signature on the final plat, and shall be responsible for the actual physical connection of the house to the services prior to certificates of occupancy being issued. Duly noted. Exhibit "R" City of Boise January 15, 2005 Page 2 6. Sanitary sewer to this site is being proposed via extensions of existing mains in Black Cat Road. Applicant will be responsible to construct the sewer 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. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. The design complies with the above noted standards. 7. The applicant shall submit a signed easement using City of Meridian's standard forms for the off-site sewer main prior to plan approval. We are working on the easement now. 8. Water service to this site is being proposed via extension of mains in Turnberry and W. Cherry Lane. The applicant shall be responsible to install mains to and through this development. Coordinate main size 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. Duly noted. 9. 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. Duly noted. 10. Graphically depict on the face of the plat a special setback on along lots that are adjacent to the proposed infiltration trenches. The setback shall be of sufficient width to ensure the Department of Environmental Quality's Best Management Practlce of 20-feet separation between building foundations and infiltration trenches_ This chan~e has been made to the plat. 11. Address ownership in a plat note for the following lots: Lot 1, Block 1, and Lot 6, Block 4. This change has been made to the plat. 12. Prior to signature of the final plat by the City Engineer, the applicant shall submit a copy of a recorded document, a release of dominant parcel interest, for the interest that the subject parcels have in the private street easement to Black Cat Road (coordinate the drafting of this document with the City's Legal Department.) We are working on this condition. 13. Per the development agreement, Lots 1-3, Block 4 shall be limited to single story construction. Bonus rooms shall be allowed on the subject lots, but no south facing windows are permitted. The Meridian Building Departmpnt will enforce these restrictions. This condition should be clarified to clearly state that the prohibition on south facing windows applies only to the bonus room and not to the first story portion of the building. 14. The sum of the lot lines of the eastern boundary of Block 3 do equal what is depicted on the plat. The applicant shall confirm this information and make any necessary adjustments. This change has been made to the plat. C;\Documents and Settings\vigilk\Local Settings\Temporary Internet Files\OLKCB\Final plat response.ltrhd.doc Exhihit "B" City of Boise January 15, 2005 Page 3 15. The bearing shown on the northern boundary of this project does not match the bearing of record for Turnberry No.2. The applicant shall include bearings or record in parenthesis. This change has been made ta the plat. 16. The applicant shall submit final street name approval from the Ada County Street Name Committee. Dane. 17. Revise the following plat notes on the face of the pLat prepared by J-U-B Engineers, Inc., and dated 09/01/06: 3.) Revise to read, ". . . unless otherwise dimensioned a 10-foot wide permanent pubLic utilities. drainage and irrigation is te--9@ centered on interior. . ." 1 0.) Include instrument number. 11.) Include instrument number. ".) Add a note, "Bottom elevation of structuraL footings shall be set a minimum of 1 Z-inches above the highest established normal ground water elevation." ".) Add a note, "Individual lot owners are responsibLe for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such maintenance responsibilities are assumed by an irrigation/ drainage district." '.) Add a note, "Direct lot access to N. Black Cat Road is prohibited." '.) Add a note, "This plat is subject to a development agreement recorded as instrument number 106151230 of Ada County Records." These changes hovt~ been made. 18. The landscape pLan, prepared by Jensen Belts and dated 02/01/06, shall be revised as follows: a. Move conifers in landscape buffer along Cherry Lane to the middle of the buffer (north- south) per UDC 11-3B5C; b. Depict the required fencing along Lot 19, Block 2 and Lot 9, Block 3 per UDC 11- 3A-7 A7a; d. Include fencing details (i.e. construction materiaLs Et picture/sketch) for the required fencing along Lot 19, Block 2 and Lot 9, Block 3 per UDC 11.3A-7A7b; e. Depict and construct a 1 O-foot wide gravel shoulder with lawn or other vegetative groundcover along Cherry Lane adjacent to the site, per UDC 11-3B-7C5a. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plot by the City Engineer. These changes have been made and submitted ta the city. 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 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-", then the applicant C:\Documents and Settings\vigilk\Local Settings\Temporary Internet FileslOLKCB\Final plat response-ltrhd.doc Exhihil "B" City of Boise January 15, 2005 Page 4 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. Duly noted. 20. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. Duly noted. We have noted the GeneraL Requirements and have no issue with the provisions contained therein. Please convey our acceptance of the conditions as proposed to the City Council as we do not intend to attend the hearing regarding this matter. Sincerely, J-U-B ENGINEERS, INC. Daren Fluke, AICP Project Manager C:\Documents and Settings\vigilk\Local Settings'Temporary Internet Files\OLKCB\Final plat response"ltrhd.doc Exhihit "[I"