Loading...
HomeMy WebLinkAboutBitterbrush Subdivision FP-06-051 BEFORE THE MERIDIAN CITY COUNCIL C/C January 9, 2007 IN THE MATTER OF THE ) APPLICATION OF MAJESTIC, ) INC., FOR FINAL PLAT) APPROVAL OF 27 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 4 COMMON LOTS ON ) 10.94 ACRES IN AN R-4 ZONE ) LOCATED EAST OF MERIDIAN ) ROAD AND NORTH OF VICTORY ) ROAD IN A PORTION OF ) GOVERNMENT LOT 4, T. 3N., R. ) IE., SECTION 19 ) ) CASE NO. FP-06-051 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 ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BITTERBRUSH POINT SUBDIVISION LOCATED IN A PORTION OF GOVERNMENT LOT 4, T. 3N., R. IE., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BITTERBRUSH SUBDIVISION / (FP-06-051) Page 1 of 4 HANDWRITTEN DATE: 10/25/06, SHEET I OF 3, ENGINEERING NORTHWEST, LLC", MAJESTIC, 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: January 9, 2007, listing 23 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 Majestic, Inc., 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BITTERBRUSH SUBDIVISION / (FP-06-051) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: I. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BITTERBRUSH SUBDIVISION / (FP-06-051) Page 3 of 4 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 Cph day of .m (11 , (\ tlA _ o ,2007. By: ------.-.-"-----.. {;Jt./~c~ .-.. . 1111\\\1111111'//1, \\\'\~ '* ~0~ T A ATTEST: ~,~O~~~~~~ ~ ..--"~ ~ A-#~ ( SEAL 0 l WILLIAM G. BERG, JR., CI CLERK"4.:, #.:: % "7'0 _ '~r 15\ ." j?.f ...."';' ~ ~ .n't' .,...,~ ;';' " 'tV " ;'11/ T 1, \\" / III///ltll 1l11l,,1\\ Copy served upon: V . Applicant / Planning Department ~ Public Works Department v City Attorney de WEERD BJmG lQIU Ity Clerk's Office - Dated:~-31.0'1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BITTERBRUSH SUBDIVISION / (FP-06-051) Page 4 of 4 STAFF REPORT: CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT r....U /""".'" .~ "- '0'VLtJridz;:J; .. \ Hearing Date: January 9,2007 Transmittal Date: January 4,2007 IDAHO TO: Mayor and City Council Kristy Vigil, Assistant City Planner '(.JI Michael Cole, Development Services Coordinator (Y\ c. FROM: SUBJECT: Bitterbrush Point Subdivision Final Plat Request for Final Plat Approval of Bitterbrush Point Subdivision Consisting of 27 Single-Family Residential Building Lots and 4 Common Lots on 10.94 Acres in an R-4 Zone by Majestic, Inc. (File# FP-06-051). 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, Majestic, Inc., has applied for final plat approval of 27 single.family residential building lots and 4 common lots on 10.94 acres of land for Bitterbrush Point Subdivision. The current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of the proposed subdivision is 2.47 dwelling units per acre and the net density is 3.07 dwelling units per acre. Bitterbrush Point Subdivision is located east of Meridian Road and north of Victory Road in the SW 1/4 ofT. 3N., R.1E., Section 19. This property has not been previously platted. The City Council approved the preliminary plat for Bitterbrush Point Subdivision on October 3, 2006 and the submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Bitterbrush Point 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-06-034) and annexation and zoning (AZ-06-036) applications. 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 plan approval with a final copy being submitted prior to plat 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. Exhibit "A" FP-06-05I Bitterbrush Point Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. Revise the construction plans to show a source for the required pressurized irrigation system in this development. If the source is to be an on-site pump station then the pump station shall be in a common lot, outside of any required street buffers. 4. 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 irrigab1e common areas prior to signature on the final plat by the Meridian City Engineer. 5. 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 pennits for this subdivision. 6. Sanitary sewer to this site is being proposed via extension of mains located in Meridian Road. These mains are temporarily flowing out of shed. The applicant shall wait for the Black Cat Trunk to connect to the Glacier Springs Diversion manhole or construct an off-peak storage station, design and location shall be coordinated with the Public Works Department. 7. Lots14.16, Block 2 have an easement for the Kennedy Lateral shown on them. Prior to signature on the plat, the applicant shall either: a. Submit a copy of a license agreement with Nampa and Meridian Irrigation District allowing the individual lots to fence to their property line. b. Ifthe Kennedy Lateral is to moved, submit evidence that the easement has been vacated. c. Revise the plat to remove the portion of those lots encumbered by the easement, and place it in a COmmon lot. All buildable lots shall meet the minimum dimensional standards of the UDC. 8. A fourteen-foot wide all weather access road shall be constructed to all allow access to all manholes not located within the right-of-way. 9. Prior to plan approval the applicant shall submit a sewer easement, on the City of Meridian's standard forms, for the off-site sewer. 10. Due to a City of Meridian sewer main, there shall be no trees allowed within Lot 13, Block 2. 11. The applicant shall 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. 12. Water service to this site is being proposed via extension of mains in Observation Point Subdivision. 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. 13. No manholes or water valves shall be allowed within landscape islands. 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 9A-8. Wells may be used for non-domestic purposes such as landscape irrigation. Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 15. The property below the Kennedy Lateral is labeled on the plat as "unplatted". However, it is platted as Mussell Comer Subdivision. Revise the plat accordingly. 16. Please submit a copy of the Ada County Street Name Conunittee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 17. Graphically depict a special setback in the following locations. The setback needs to be sufficient to ensure the Department of Environmental Quality's required 20-feet of separation between a building foundation and infiltration trench. a. Adjacent to the right-of-way on Lots 7,8, and 10 Block 2. b. The north boundary of Lots 3-4, Block 1. c. The east boundary of Lot 20, Block 2. 18. Graphically depict a wider Public Utilities, Drainage and Irrigation easement in the following locations (the easement is needed to accommodate the Irrigation District's desire to have 5-feet of easement past the centerline of the pressurized irrigation pipe being installed): a. The eastern boundary of Lot 20, Block 2. b. The northern boundary of Lot 4, Block 1. 19. Remove the graphically depicted 5-foot easement on the north side of Lot 3, Block 3. It has to be the standard lO-feet wide to accommodate the irrigation main being installed. 20. Revise or add the following plat notes on the face of the plat prepared by Engineering Northwest, LLC, and dated 10/25/06: 8.) Either remove this note or revise it to reference the actual owner of the pressurized irrigation system. 11.) Revise to read, "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian." 21. The landscape plan, prepared by The Land Group, Inc., and dated 12/27/06, shall be revised as follows: a. Extend the pathway located on Lot 13, Block 2 to the property boundary to provide a usable pedestrian connection to Mussell Comer Subdivision; b. Trees are not permitted on Lot 13, Block 2, revise plan accordingly; c. Show the required sewer aCCeSS road on the northwestern portion of Lot 4, Block 2. The road shall not extend past the southern boundary of Lot 13, Block 2. 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. 22. 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 ofunc 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 Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 23. 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 pennits. 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 detennined 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 Pennitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Envirorunental 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. Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 Bitterbrush Point Subdivision (FP-06-051) with the above stated conditions. Exhibit "A" FP-06-051 Bitterbrush Point Subdivision FP.doc PAGE 5 01-08-'07 16:44 FROM-Engineering N,W. 2083765556 1-086 P002/003 F-228 Mqjestic, Inc. 2000 E. Overland Meridian, Idaho 83742 (208) 888-3337 . Fax (208) 888-3088 January 8, 2007 Mayor and City Council - City of Meridian 660 E. Watertower, Suite 200 Meridian, ill 83642 VIA FAX: 898-9551 Re: File No. FP-06-051 Bitterbrush Point Subdivision We, Majestic, Inc. accept the conditions of approval as outlined by staff for the above referenced project. Our response to the City's Site Specific Conditions f<;lr this p:roject is as follows: Site Specific Conditions I) All terms of the approved Preliminary Plat (PP-06-034) and anpexation and zoning (AZ-06~036) agreement. 2) The Nampa & Meridian Irrigation district will own and maintain the pressure irrigation system within this development. The notes on the plat have been revised accordingly. An approval letter from the inigation district will be provided prior to the pre-construction meeting. 3) The construction plans have been revised. to show the source of the pressurized irrigation system. 4) A single-point connection for year-round supply to the pressurized irrigation system has been added to the construction plans. 5) Agree. 6) An off-peak storage station is being designed per the preliminary plat approval to acconunodate the flow concerns for the sewer main located in Meridian Road. 7) Agree_ 8) A fourteen-foot ",ride all weather access road to allow access to all sewer manholes not located within the right-of-way ahs been added to the construction plans. 9) A sewer easement for the off-site sewer will be provided on the City of Meridian's standard forms prior to plan approval. 10) Agree. 11) Per Michael Cole, the sewer construction to and through will not be required to the point of cormection to Edmonds Subdivision. 12) Agree. 13) Agree. 14) There are no domestic wells or septic systems located within this project Exhibit "B" 01-08-' 07 16: 44 FRO~I-Engineering N. \11, 2083765556 T-086 P003/003 F-228 15) The plat has been ncvised to include "Mussell Comer Subdivision" below the Kennedy lateral instead ofl'Unplalted". 16) A copy oflhe Ada CO\lnty Street Name Cornmjttee.s "Final" letter will be provided prior to the signing of the final plat. ] 7) The 20-foot setback lequirement for DEQ Best Management Practaees between Seepage bed and building foundation will be depicted on the plat for the following 101$: a) Adjacent 10 the right.of-way on Lots 7, 8, and 10 Block 2 b) The north boundary oCLots 3-4. Bloclc 1 c) The cast boundary of Lot 20. Block 2 18) A wider Public Utilitie&, Drainage atld brigation ea:;ement. located on side IOlS to accommodate the rrrigation District's desire to have 5-feet 0 r easement past the centerline of Ihe pressurized inigation pipe has been graphically depicted on the plat for the lots and blocks required. 1 g) The S-foor ea!i=nent depiclcd on the north boundary of Lot 3, Block 3 has been removed per the revlew c:omments. 20) NOI! B has been removed &om tho final plat and note 11 on the final plat has been revised per review comments 21) The landscape plan. prepared by The Land Group dilled 12127t.!O06 will be revised per staff c::omments and three copies submitted to, the City Entineer prior to the signing of the final plat. 22) Agree. 23) Agree. Standard ConditiG8$ The developer agJees to all the standard condjtions contained in the staff repon. traruminaJ dale: January 4.2007. Should you hilve any questions or need arlything else feel ft(e to give me a calL Thank you, Mark Canfie Manager Ma.jestic, Inc. Xc: Eugene P. Smith, P.E. Exhibit "[3"