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HomeMy WebLinkAboutCedarcreek Subdivision FP-06-046 BEFORE THE MERIDIAN CITY COUNCIL C/C November 28, 2006 IN THE MATTER OF THE ) APPLICATION OF LIBERTY ) DEVELOPMENT, INC., FOR FINAL ) PLAT APPROVAL OF 85 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 8 COMMON LOTS ON ) 19.57 ACRES IN AN R-8 ZONE ) LOCATED NEAR THE ) NORTHWEST CORNER OF WEST ) MCMILLAN ROAD AND NORTH ) MERIDIAN ROAD IN A PORTION ) OF THE S ~ OF THE SW % OF THE ) SE % OF T. 4N., R. lW., SECTION 25 ) CASE NO. FP-06-046 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 November 28, 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: November 28,2006, 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 CEDARCREEK SUBDIVISION IN A PORTION OF THE S 'lj OF THE SW ~ OF THE SE ~ OF T. 4N., R. 1 W., ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDARCREEK SUBDIVISION I (FP-06-046) Page 1 of 4 SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 10/11/06, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", LIBERTY DEVELOPMENT, INC., 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: November 28,2006, listing 15 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 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 response letter from Idaho Power, a true and correct copy of which is attached hereto marked Exhibit "c" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their November 28, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDARCREEK SUBDIVISION I (FP-06-046) Page 2 of 4 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: 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 ORDER OF CONDITIONAL APPROVAL OF PINAL PLAT FOR CEDARCREEK SUBDIVISION / (FP-06-046) Page 3 of 4 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 S 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 28 tf-.. day of Nov-embey- ,2006. Copy served upon: V ATTEST: By, k~j0 City Clerk's Office Dated: Id-Id-O Lp ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CEDARCREEK SUBDIVISION / (FP-06-046) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: """- g /' "N 0' ~ \.../'VLcr/didn ~. '~\ \ lD,...HO Jt} , ! ., , l~' Ii ! 'j' 1/ \/ --. -:I/!!,.........:.Y. I'm Kristy Vigil, Assistant City Planner f--JI I Michael Cole, Development Services Coordinator (Y\ C Hearing Date: November 28, 2006 Transmittal Date: November 21,2006 TO: Mayor and City Council FROM: SUBJECT: Cedarcreek Subdivision Final Plat Request for Final Plat Approval of Cedarcreek Subdivision Consisting of 85 Single-Family Residential Building Lots 8 Common Lots on 19.57 Acres in R-8 Zone by Liberty Development, Inc. (File# FP-06-046). I 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, Liberty Development, Inc., has applied for final plat approval of 85 single-family residential building lots and 8 common lots on 19.57 acres of land for Cedarcreek Subdivision. The current zoning designation for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 4.34 dwelling units per acre; the net density is 3.83 dJelling units per acre. Cedarcreek Subdivision is located on the north side of McMillan Road, approximately ~ mile west of Meridian Road in the SE 1.4 ofT. 4N., R.1 W., Section 25. This property has not been previously platted. i The City Council approved the preliminary plat for Cedarcreek Subdivision on August 8, 2006 and the submitted [mal plat substantially complies with the approved preliminary plat. Staff recommends approval of Cedarcreek 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-06-007) and development agreement (Inst. No. 106183582). I 2. The applicant has indicated that the pressurized irrigation system in this development is to be owned and operated by Settlers Irrigation District. Therefore, a letter of plan approval 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 Iyear-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 [mal plat by the Meridian City Engineer. i I Exhibit "A" FP~06.046 Cedarcreek 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 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 to this site is being proposed via extension of mains proposed, but not as yet installed, in Paramount #14. A pre-construction meeting shall not be scheduled until such time as the sewer stub from Paramount is installed, OR the applicant may provide a signed easement from the property owner to the north which would allow for installation of the sewer line through the Paramount property to the Cedarcreek Subdivision. 6. 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. 7. Water service to this site is being proposed via extension of mains proposed in McMillan Road and proposed mains in Paramount #14. 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. 8. 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. 9. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 Ibs. 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. Depict the building setbacks, and orientation of the lots and structures for all lots sharing driveways, on the face of the final plat. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 10. The applicant shall provide a sidewalk along McMillan Road in front of the outparcel directly to the west (Reiterman). Said sidewalk shall connect the sidewalk required along McMillan Road with the Paramount South 60 Subdivision to the required Cedarcreek Subdivision sidewalk along McMillan Road. The exact location of the sidewalk adjacent to the outparcel is to be determined by ACHD, with review and approval by the neighbors, Carl and Bonnie Reiterman 11. Post no parking signs on both sides ofN. Newsham Avenue and N. Seel Way within fifty in both directions of the alley entrances, as measured from the centerline of the alley. 12. Revise or add the following plat notes on the face of the plat prepared by Bailey Engineering, Inc., and dated 10/11/06: 9.) Revise to read, "Other then the aocess . . . with this applieatioR, Direct lot access to W. McMillan Road is prohibited." Exhibit "A" CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 10.) Revise to read, "Lot 10, Bloek 1, atid Lot 8, Block 8, have an has a 13-foot . . . as shown and Lot 2, Block 6 has a 17-foot wide sidewalk easement as shown. *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 106183582 of Ada County Records." 13. The landscape plan, prepared by The Land Group and dated 10/12/06, shall be revised as follows: a. Add the detail of the tot lot on the face of the plan. b. Revise the plan to depict the sidewalk along McMillan Road, which connects Paramount South 60 Subdivision and Cedarcreek Subdivision. c. The landscaping shown adjacent to the Reiterman property on the western boundary is not a part of the proposed plat, therefore it is not required. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 14. 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-ll 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 pennitted 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 ofUDC 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. 15. Staff s failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS 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. 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. 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. Exhibit "A" FP-06-046 Cedarcreek Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. 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. 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 Permitting that may be required by the Army 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 Fair 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 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 [mal plat for Cedarcreek Subdivision (FP-06-046) with the above stated conditions. Exhibit "A" FP-06-046 Cedarcreek Subdivision FP.doc PAGE 4 alley Engineering, Inc. CIVIL ENGINEERINGIPLANNINGICADD DATE: November 28, 2006 TO: Mayor and City Council RE: Cedarcreek Subdivision FP-06-046 Dear Mayor and City Council, On behalf of our client we would like to state that Liberty Development, Jnc agrees with all Site Specific Conunents and Conditions set forth in the fInal plat for Cedarcreek Subdivision, Thank 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 Exhibit "3" \'" DraAHO . POVVER Margareta Ionescu Distribution Planning Engineer Office (208) 388-2068 1-\11 IDACORP COrnp::-H1'1 10/27/2006 City of Meridian Planning & Zonning Departament 660 E. Watertower Suite 202 Meridian, ID 83642 Re: Cedarcreek Subdivision - Preliminary Plat File #: FP 06-046 Idaho Power Company I upon receipt of a formal request, may possibly need to upgrade existing infrastructure in order to provide electrical services to this development. There is an existing 230kV line double circuit to 138 kV line so Idaho Power requests a 35 foot setback from the center of the line be a no building zone. The applicant should contact the local Idaho Power Company Operations Center with a formal request for service. Sincerely, Margareta Ionescu E.xhibit "C"