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HomeMy WebLinkAboutBellingham Park Subdivision No. 3 FP-06-052 BEFORE THE MERIDIAN CITY COUNCIL C/C January 9, 2007 IN THE MATTER OF THE ) APPLICATION OF BELLINGHAM ) PARK, LLC, FOR FINAL PLAT ) APPROVAL OF 38 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 5 COMMON LOTS ON ) 7.76 ACRES IN AN R-8 ZONE ) LOCATED ON SOUTH LOCUST ) GROVE ROAD AND SOUTH OF ) VICTORY ROAD IN THE SW 'l.I OF ) T. 3N., R. IE., SECTION 29 ) ) ) CASE NO. FP-06-052 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 Warks 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 BELLINGHAM PARK SUBDIVISION NO.3 LOCATED IN THE SW 'l.t OF T. 3N., R. IE., SECTION 29, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 01/20106, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.3 1 (FP-06-052) Page 1 of 4 SHEET 1 OF 5, BAILEY ENGINEERING, INC." BELLINGHAM PARK, 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: January 9, 2007, listing 20 SITE SPECIFIC REQUIREMENTS/FlNAL 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 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 additional requirements of the Council taken at their January 9,2007 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 preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.3 1 (FP-06-052) 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. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Warks 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: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed andlor 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.3 1 (FP-06-052) Page 3 of 4 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 Cl~ day of 3nnun nr ,2007. .~'~ W$Y de WEERD ATTEST: Copy served upon: V Applicant v Planning Department V Public Works Department V City Attorney By:Jwun~illj.J City Clerk's Office Dated: 1-.3 \ ~O-' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BELLINGHAM PARK SUBDIVISION NO.3 1 (FP-06-052) Page 4 of 4 STAFF REPORT: CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT "'-~ ,/""".'w .~ "- '\JVLtJ1idz~ \ \ IDAHO Hearing Date: January 9,2007 Transmittal Date: January 4,2007 TO: Mayor and City Council Kristy Vigil, Assistant City Planner '{.JI Michael Cole, Development Services Coordinator (Y\ c. ". FROM: SUBJECT: Bellingham Park Subdivision No.3 Final Plat Request for Final Plat Approval of Bellingham Park Subdivision No. 3 Consisting of 38 Single-Family Residential Building Lots and 5 Common Lots on 7.76 Acres in an R-8 Zone by Bellingham Park, LLC. (File# FP-06-052). 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, Bellingham Park, LLC, has applied for final plat approval of 38 single-family residential building lots and 5 common lots on 7.76 acres of land for Bellingham Park Subdivision No.3. The current zoning designation for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 7.47 dwelling units per acre and the net density is 5.41 dwelling units per acre. Bellingham Park Subdivision No.3 is located on South Locust Grove Road and south of Victory Road in the SW 1/4 ofT. 3N., R.IB., Section 29. This property has not been previously platted. A Conditional Use Pennit for a Planned Development was approved for this subdivision that allowed for reductions to the minimum requirements for street frontage (from 65 feet to 36 feet on non cul-de-sac lots) and lot size (from 6,500 s.f. to 4,140 s.t.). The City Council approved the preliminary plat for Bellingham Park Subdivision on July 26, 2005 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Bellingham Park Subdivision No.3 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-05-007), preliminary plat (PP-05- 009), conditional use pennit (CUP-05-008) and development agreement (lnst. No. 105134292). 2. The applicant has indicated that Nampa and Meridian Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore a letter of plan approval from NMID 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 Exhibit "A" FP-06-052 Bellingham Park Subdivision No.3 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 1l.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. 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. 6. The street frontage for Lot 40, Block 1 shall be widened to a width of 20-feet. The extra width is needed for the Public Work's requirement of a 20-feet easement over sewer mains. 7. Graphically depict on the face of the plat the 20-foot wide sewer easement over Lot 40, Block 1, or record a separate document using the City of Meridian's standard forms. 8. No manholes or water valves shall be allowed within landscape islands. 9. Complete the book and page numbers in the Certificate of Owners. 10. This property has a Development Agreement that states, "That development of Phases III and IV shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by FEMA, the applicant shall have two options: 1) remove any lots within the FEMA-approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases II and IlL" Therefore, the City will not issue building permits on this phase until the FEMA-approved LOMAR is submitted to Public Works. 11. If the bridge crossing of the Ten Mile Creek is to be done on this phase a "No Rise Analysis" shall be submitted to Public Works prior to plan approval. 12. 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. 13. 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. 14. At the City Council preliminary plat hearing for this project the applicant testified that all buildings in this development would use slab-on-grade construction. Slab-on-grade construction shall be utilized in conjunction with typical footings, and builders of each lot shall comply with all recommendations contained in the applicant's Geotechnical Engineering Report (dated 6/10104) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. Exhibit "A" FP-06-052 Bellingham Park Subdivision NO.3 FP.doc PAGI CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 15. A covenant shall be recorded for each lot within Bellingham Park Subdivision stating that the owner of the lot shall be responsible for maintenance of the drainage swale located on ACHD right-of-way fronting on the lot. 16. 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 permits within the subdivision. The easement and/or right-of-way shall be sufficient width to cover the lO~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. 17. Revise or add the following plat notes on the face of the plat prepared by Bailey Engineering, Inc., and dated 01/20/06: 7.) Include instrument number. 18. The landscape plan, prepared by The Land Group, Inc., and dated 02/13/06, shall be revised as follows: a. Depict and construct a micropath on Lot 40, Block 1; b. Relocate two of the trees proposed on the north side of E. Wrightwood Drive, currently within the right-of-way, to be within Lot 39, Block 1 - the other trees shall be installed in the right-of-way, if allowed by ACHD; c. Unless allowed by ACHD, remove the trees on the south side of E. Deerhill Street, currently within the right-of-way; d. Revise the fencing adjacent Lot 40, Block 1 to be 6-foot open.vision constructed of a non-combustible material; e. Add the tree class to the plant schedule; f. Include the symbol for the mu1ti~use pathway in the legend or include label on the plan; g. Revise the calculations table to accurately depict the mentioned changes regarding trees. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 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-l1 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. 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 Exhibit "A" FP-06-052 Bellingham Park Subdivision No.3 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 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 [mal approval without resubmission for preliminary plat approval per UDC 11-6B-7B. Exhibit "A" FP-06-052 Bellingham Park Subdivision No.3 FP.doc PAGE CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF RECOMMENDATION Staff recommends approval of the final plat for Bellingham Park Subdivision No.3 (FP-06-052) with the above stated conditions. Exhibit "A" FP-06-052 Bellingham Park Subdivision No.3 FP.doc PAGE ~iley Engineering,lnc. CIVIL ENGINEERINGIPLANNINGICADD DATE: JanUalY 9, 2007 TO: Mayor al1d City Council RE: Bclllingham Subdivision No.3 Dem Mayor and City Council, On behalf of our client we would like to state that Gemstar Propelties, LLC., agrees with all Site Specific Comments and Conditions set fOlth in the final plat for Bellingham Subdivision No.3. Thank YOll for yom time and consideration, Sincerely, b~u~ Bobi Ulrich 1500 E. Iron Eagle Drive + Eagle, Idaho 83616 + Tel.: 208-938-0013 + Fax: 208-938-0516 www.baileyengineers.com Exhibit "6"