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HomeMy WebLinkAboutZebulon Heights Sub No. 2 FP 06-053 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE TRADITIONS BY AMYX II, LLP FOR FINAL PLAT APPROVAL OF 66 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 8 COMMON LOTS ON 28.22 ACRES IN AN R-4 ZONE LOCATED WEST OF EAGLE ROAD AND SOUTH OF MCMILLAN ROAD IN THE NE y.t OF T. 4N., R.IE., SECTION 32 C/C January 9, 2007 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-06-053 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 January 9, 2007, 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: January 9, 2007, 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 "PLA T SHOWING ZEBULON HEIGHTS SUBDIVISION NO.2 LOCATED IN THE NE ~ OF T. 4N., R. IE., SECTION 32, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 11/08/06, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION NO.2 / (FP-06-053) Page 1 of5 SHEET 1 OF 3, ENGINEERING SOLUTIONS, LLP", TRADITIONS BY AMYX II, LLP, 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: January 9, 2007, listing 20 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 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the memo from Michael Cole, 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 January 9,2007 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their January 9, 2007 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, numbers 8, 11, and 16, such now that they be stricken or read as follows: CONDITIONS OF APPROVAL 8. Applicant shall coordinate weffi with the City Parks Dept. on and eoaform to the Park's Dept. standards for construction of the pathway. The Homeowner's ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION NO.2 / (FP-06-053) Page 2 of5 Association is responsible for maintenance of all landscaping adjacent to the pathway. 11. A 12-inch main shall be constructed in ffem McMillan through E. Camas Creek Way as depicted on the construction plans. 16. Strike note. 1.2 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 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION NO.2 / (FP-06-053) Page 3 of5 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 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. ATT~~: dr~A WILLIAM G. BERG, J K f~..~"__,.._J ~ 74:, iy:.; ~ .....t! ",OJ ..() - % "'6 (Jr "j!::;\ ' ~! "i-" ."" Q ~lf: ......' ORDER OF CONDITIONAL APP~();~/Q~Al1i,fJm~ FOR ZEBULON HEIGHTS SUBDIVISION ~(J!'i'r(FP-06.053) Page 4 of5 day of \.,.J(i"n u.Jl...n_..\_ o ,2007. ,,-'. . ,.;- , -'...1.::\, Copy served upon: V Applicant v flanning Department <\.0""'" Public Works Department ~ City Attorney BY:~~iUU---> City Clerk's Office Dated: 1- Zq-Ol ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ZEBULON HEIGHTS SUBDIVISION NO.2 / (FP-06-053) Page 5 of 5 STAFF REPORT: CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT ,-.....P ~<"':~ .~ " \....7YLCndl::'t '\ \ IDAHO .~ ,.>, F Hearing Date: January 9, 2007 Transmittal Date: January 4, 2007 TO: Mayor and City Council .~ FROM: Kristy Vigil, Assistant City Planner "{JI Michael Cole, Development Services Coordinator M C SUBJECT: Zebulon Heights Subdivision No.2 Final Plat Request for Final Plat Approval of Zebulon Heights Subdivision No. 2 Consisting of 66 Single-Family Residential Building Lots and 8 Common Lots on 28.22 Acres in an R-4 Zone by The Traditions by Amyx II, LLP (File# FP- 06-053). 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, The Traditions by Amyx II, LLP, has applied for final plat approval of 66 singleAfami1y residential building lots and 8 common lots on 28.22 acres of land for Zebulon Heights Subdivision No. 2. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 2.89 dwelling units per acre and the net density is 3.2 dwelling units per acre. Zebulon Heights No.2 Subdivision is located west of Eagle Road and south of McMillan Road in the NE 1/4 ofT. 4N., R.1E., Section 19. This property has not been previously platted. The Meridian City Council approved the preliminary plat for Zebulon Heights Subdivision NO.2 on April 19, 2005 and the submitted final plat substantially complies with the approved preliminary plat. NOTE: This phase of Zebulon Heights is being called and will be recorded as phase NO.2. However, this is the first final plat phase that is being processed by the City of Meridian; the first phase of the Zebulon development was approved and recorded in Boise City. Staff recommends approval of Zebulon Heights 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 preliminary plat (PP-05-008), conditional use pennit (CUP-05-019) and development agreement (Inst. No. 106111627). 2. The applicant's application has indicated that the pressurized irrigation system in this development is to be owned and operated by Nampa and Meridian Irrigation District, however the plat has a note indicating that the Homeowner's Association will own the system. If it is a private system then a draft copy of the operation and maintenance manual shall be submitted prior to scheduling of a preconstruction meeting with a final copy being submitted prior to plat Exhibit "A" FP-06-053 Zebulon Heights Subdivision NO.2 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT signature. If it is to be owned by an irrigation district 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 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. 4. The on-site pump station shall be in a common lot, outside of any required street buffers. 5. 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 pennits for this subdivision. 6. Revise the plat to include the bearings and distance for the frontage on Lots 9-10, Block 1. 7. Graphically depict an additional Public Utilities, Drainage and Irrigation Easements width along Wainwright Drive where the sidewalk or multi-use pathway extends out of the right-of-way. There needs to be at least a 10~foot wide easement past the edge of walk/pathway. 8. A permanent public pedestrian easement shall be created for the lots that contain the multi-use pathway, and recorded prior to issuance of any building pennits within the subdivision. The easement and/or right-of-way shall be sufficient width to cover the 10-foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 9. Sanitary sewer and water service to this site are being proposed via extension of mains proposed in Settlement Bridge Subdivision. These mains are not currently installed, prior to plan approval the applicant shall submit plans showing the off-site connection to the existing sewer with the accompanying easements OR wait for these mains to be constructed. 10. The applicant shall 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. 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. 11. A 12-inch main shall be constructed from McMillan through E. Camas Creek Way as depicted on the construction plans. 12. All portions of buildings located on all lots within the development should be within 150-feet ofa paved surface (as measured around the perimeter of the building). A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y2 the diagonal measurement of the project. Prior to issuance of the 51 st building pennit, a secondary emergency access approved by the Meridian Fire Department shall be provided. Note: this condition only applies if E. Wagon Drive has not been constructed through Settler's Bridge Subdivision No.6. Furthermore, if E. Wagon Drive has not Exhibit "A" FP-06-053 Zebulon Heights Subdivision No.2 FP .doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT been constructed provide a temporary turnaround for N. Camas Creek Way. 13. If the Parkins-Nourse Lateral is owned by an Irrigation District, then prior to signature on the final plat by the City Engineer submit evidence of a license agreement which allows the individual property owner's to fence to their property line. If a license agreement can not be obtained, include this area into a common lot to be owned and maintained by the HOA. 14. 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. 15. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block nwnbering. Make all corrections necessary to comply. 16. Revise or add the following plat notes on the face of the plat prepared by Idaho Survey Group, and dated 11/08/06: 4.) The application and this plat note are inconsistent. Please revise this note to indicate the actual owner of the pressurized irrigation system. 13.) Strike note unless it is a requirement from ACHD. If this note is required by ACHD, reword it to allow Lots 11-14 Block 2, and Lots 1-5, Block 3 access to Wainwright Drive. *.) Add note, "Direct lot access to McMillan Road is prohibited"; 17. The landscape plan, prepared by Harvest Design, and dated 11/06/06 shall be revised as follows: a. Include fencing details for the fencing adjacent to Lot 9, Block 4 (i.e. construction materials, & picture/sketch); b. Revise scale to be no smaller than 1 "= 50; Submit three full-size copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 18. 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 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 final construction. 19. Complete the Certificate of Owners, and accompanying acknowledgement. 20. 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 Exhibit "A" FP-06-053 Zebulon Heights Subdivision No.2 FP.doc PAGI 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, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base 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 11-6B-7B. STAFF RECOMMENDATION Exhibit "A" FP-06-053 Zebulon Heights Subdivision No.2 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Staff recommends approval of the final plat for Zebulon Heights Subdivision No.2 (FP-06-053) with the above stated conditions. Exhibit "A" FP-06-053 Zebulon Heights Subdivision No.2 FP.doc PAGE EI~"!r1?;ri 150 East Aikens Strcct Suitc B Eaglc. I D 83616 Phone: (108) \)38-0980 Fax: (208) 938-0941 E-mail: es-bcckym((ilqwcsl.l1ct January 9, 2007 Mayor and City Council City of Meridian 33 East Idaho Meridian, 10 83642 Re: Zebulon Heights Subdivision Final Plat File No. FP-06-053 Dear Mayor and Council: We have reviewed staff comments for the City Council meeting of .January 9. 2007, and have the following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The pressurized irrigation system is to be owned and operated by the Zebulon Heights Homeowners' Association. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. We respectfully request that pathway standards be coordinated with the Ilarks Department, as the adopted standards exceed those of public streets. 9. The applicant will comply. CIDocunwut> and SClIings\\'igilk\Local Seltings\Tcmporary Imcrncl Filcsl( ll.KCll\RccsRcsponsc (-l ).doc Exhibit "B" Mayor and City Council January 9, 2007 Page 2 10. The applicant will comply. 11. The applicant will comply with Mike Cole's memo dated today which indicates service to this site will be through Phase 6 of Settlers Bridge Subdivision, not alon~ McMillan Road. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply, with the deletion ofthe requested *.) note, as McMillan Road is not in this phase of the project. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. Noted. ST ANDARD CONDITIONS I. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. to. The applicant will comply. C:\D'KlIIll~I1I' ;uuj Scttings\vigilk\l.ocal Sctting,'.Tcmporary Interncl Filcs\OLKCmReesRe'pomc (4l.doc Exhibit "ll" Mayor and City council January 9. 2007 Page 3 11. The applicant will comply. 12. Noted. We have talked to staff about all issues and believe we are now in agreement with the conditions of approval as revised. Please feel free to call me if you have additional comments or q ucstions. Sincerely. Engineering Solutions, LLP Shari Stiles Planner /ss cc: The Traditions by Amyx II C:II)(Jcumcnls and Selling.s\vig.ilk\l.ocal Scllmgs\lemporary hlkrnCl Filcs\OLKCI3\RecsRc~Jl"nsc (4).doc Exhibit "Bn TO: FROM: SUBJECT: City Council Hearing Date: January 9. 2006 P&Z Commission Michael Cole, Development Services Coordinator , ;'-.l't: .~ .,'~ -'l~ ct'C;~7tij{;;1.l.'1: STAFF MEMO r. I. \! ,~ ~, ," <........ Zebulon Heights Subdivision No.2 Final Plat . FP-06-053 Final Plat of 66 single-family building lots and 8 common lots on 28.22 acres in a proposed R~4 zone SUMMARY: Staff requests that condition ( 11) of the staff report be changed to read: 11.) A ] 2-inch main shall be constructed in E. Camas Creek Way as depicted on the construction plans. If you have any questions please feel free to contact me at (208) 898-5500 or ~_' ~)J~JJL(( \1 c ri ~lln!1Ul~_,_~ rg. Exhibit "e"