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Ventana Subdivision No. 3 FP 06-055 BEFORE THE MERIDIAN CITY COUNCIL C/C January 16, 2007 IN THE MATTER OF THE ) APPLICATION OFVENTANA, ) LLC, FOR FINAL PLAT) APPROVAL OF 70 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 4 COMMON LOTS ON ) 18.21 ACRES IN AN R-8 ZONE ) LOCATED NORTH OF ) MCMILLAN ROAD ON MERIDIAN ) ROAD IN THE SW % OF T. 4N., R. ) IE., SECTION 30 ) ) ) CASE NO. FP-06-055 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 16, 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 16, 2007, 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 VENTANA SUBDIVISION NO. 3 LOCATED IN THE SW ~ OF T. 4N., R. IE., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 11128106, SHEET 1 OF 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO.3 / (FP-06-055) Page 1 of 4 ENGINEERING SOLUTIONS, LLP," VENTANA, 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 16,2007, listing 15 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 4 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 2 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their January 16, 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 VENTANA SUBDIVISION NO.3 / (FP-06-055) 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 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 VENTANA SUBDIVISION NO. 3/ (FP-06-055) 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 'U-+h day of IC1..rt..u.!Ln.o ,2007. ATTEST: Copy served upon: / Applicant / Planning Department v Public Works Department J City Attorney By: City Clerk's Office Dated: '-~l~Cl- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VENTANA SUBDIVISION NO.3 / (FP-06-055) Page 4 of 4 STAFF REPORT: CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT I oW';;di~'\ iDAHO Hearing Date: January 16, 2007 Transmittal Date: January 11, 2007 TO: Mayor and City Council Kristy Vigil, Assistant City Planner '{.i Michael Cole, Development Services Coordinator rv\ G FROM: SUBJECT: Ventana Subdivision No.3 Final Plat Request for Final Plat Approval of Ventana Subdivision No. 3 Consisting of 70 Single-Family Residential Building Lots and 4 Common Lots on 18.21 Acres in an R-8 Zone by Ventana, LLC (File# FP-06-055). 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, Ventana, LLC, has applied for final plat approval of 70 single-family residential building lots and 4 common lots on 18.21 acres of land for Ventana 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 3.84 dwelling units per acre and the net density is 4.83 dwelling units per acre. Ventana No.3 Subdivision is located east of N. Meridian Road and approximately ~ of a mile north of McMillan Road in the SW ~ ofT. 4N., R.1E., Section 30. This property has not been previously platted. A Conditional Use PermitlPlanned Development was approved for this subdivision which allowed for reductions to the minimum requirements for the R-8 zone for the following: lot size (from 6,500 s.f. to 6,388 s.f.), lot frontage (from 65' to 40' on "standard" lots & on cul-de-sac lots from 40' to 35', measured at chord length), and to exceed the maximum block length allowed of 1,000-ft. to 1, 760-ft. The Meridian City Council approved the preliminary plat for Ventana Subdivision on January 25,2005 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Ventana 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 preliminary plat (PP-04-026), conditional use permit (CUP-04-028) and annexation (AZ-04-019). 2. The applicant's application 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 year-round source of water. If a single-point connection to the potable water system is used, the developer Exhibit "A" FP-06-055 Ventana Subdivision No.3 FP.doc PAGE 1 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. Prior to signature on the plat, submit a sewer easement using the City of Meridian's standard forms for the sewer being installed in Lot 27, Block 13. Graphically depict this easement on the plat and reference recordation number. No trees shall be allowed within this easement. 5. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines where a pressurized irrigation main is being installed. The following lot lines need the extra easement dedicated according to the submitted construction plans, these liay change due to redline comments. a.) East boundary of Lots 11, and 16, Block 8. b.) East boundary of Lot 35, Block 13. 6. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement m the following locations (they are interior lot lines to existing phases): a.) North boundary of Lot 47, and east boundary of Lot 18, Block 13. b.) North boundary of Lots 2, and 30, Block 8. c.) Northwest boundary of Lot 17, Block 7. d.) East boundary of Lot 30, Block 5. 7. All fencing installed on the site shall comply 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. 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 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 ofthe pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 9. 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. 10. 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. 11. Revise or add the following plat notes on the face of the plat prepared by Idaho Survey Group, and dated 11/28/06: 13.) Revise to read, "Direct lot or parcel access to N. Meridian Road is prohibited." Exhibit "A" FP-06-055 Ventana Subdivision NO.3 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 12. The landscape plan, prepared by The Land Group, and dated 11/22/06 is approved as submitted. 13. 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-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. 14. Complete the Certificate of Owners, including the book and page numbers, and accompanying acknowledgement. 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. 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. Exhibit "A" FP-06-055 Ventana Subdivision No.3 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 Staff recommends approval of the final plat for Ventana Subdivision No.3 (FP-06-055) with the above stated conditions. Exhibit "A" FP~06~055 Ventana Subdivision No.3 FP.doc PAGE 4 EJ~i'1frr~'!s: 1026 N. Rosario Street. Suit~ 100 M~ridiall, II) 83642 Phone: (208) 938-0980 Fax: (208) 938-()94I E-mail: es-beckym((IJ,qwest,Ill'1 January 15, 2007 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Ventana Subdivision No.3 File No. FP-06-055 Dear Mayor and Council: We have reviewed the recommcndations for the City Council meeting of January 16,2007, and have the following responses: SITE SPECIFIC CONDITIONS I. The applicant will comply. 2. The application is in error; the pressurized irrigation system will be owned and maintained by the Ventana 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. There are no multi-use pathways in this phase of the subdivision. We respectfully request that this condition be deleted from the requirements. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. ] 2. It is noted that the landscape plan is approved as submitted. C:\l),\""Ill~nH; and Senings\vigilk\Local S~ning~\T~llIp(>rary Internel Files\()I.K(,IJ\I{eesRc~ponse (4 ).doc Exhibit "B" Mayor and City Council January 15.2007 Page 2 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. Noted. STANDARD CONDITIONS 1. 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. 10. The applicant will comply. II. The applicant will comply. \2. The applicant will comply. We appreciate staffs review of our project. We respectfully request approval orthe application for final plat. Thank yOll. Sincerely. Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Ventana, LLC (':\J)(l~\IIJl~nIS and S~llings\' igilk\l..ocal Senings\Temp(lnlry Internet Fiks\()I.KCIl\RecsResp\lIlw (~ld,\c Exhibit "[3"