HomeMy WebLinkAboutSundial Subdivision FP-07-022BEFORE THE MERIDIAN CITY COUNCIL
C/C August 14, 2007
IN THE MATTER OF THE
APPLICATION OF GEMSTAR
PROPERTIES, LLC FOR FINAL
PLAT APPROVAL OF 28 SINGLE-
FAMILY BUILDING LOTS AND 4
COMMON LOTS ON 10.57 ACRES
IN AN R-4 ZONE LOCATED WEST
OF NORTH CINDER ROAD AND
SOUTH OF WEST USTICK ROAD
IN THE SW '/ OF THE NE 1/ OF
SECTION 2, T. 3N., R. 1W.
CASE NO. FP-07-022
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 August 14, 2007, and the Council finding that the
Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning
Department, and Scott Steckline, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: August 14, 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 "PLAT SHOWING SUNDIAL SUBDIVISION LOCATED IN
THE SW % OF THE NE'/ OF SECTION 2, T., 3N., R. 1W., BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/10/07,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUNDIAL SUBDIVISION / (FP-07-022)
Page 1 of 4
SHEET 1 OF 2, STANLEY CONSULTANTS", GEMSTAR PROPERTIES, LLC,
Developer, is Conditionally Approved subject to those conditions of Staffcomments
as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch,
Assistant City Planner for the Planning and Zoning Department and Scott Steckline,
Development Services Coordinator for the Public Works Department, dated: Hearing
Date: August 14, 2007, listing 8 SITE SPECIFIC REQUIIZEMENTS/FIlVALPLRT
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 Gemstar Properties, LLC, 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 August 14, 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 SUNDIAL SUBDNISION / (FP-07-022)
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 maybe 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, withintwenty-eight (28) days
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUNDIAL SUBDIVISION / (FP-07-022)
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 ~~' day
of ,~uQ~S~M- , 2007.
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LIAM G. BERG, JR., ITY LE ~'
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Copy served upon: /~ Applicant
_,,~ Planning Department
~ Public Works Department
/ City Attorney
By:~~ ,
City Clerk's Office
de WEERD
Dated: ~3-3p -O~
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SUNDIAL SUBDIVISION / (FP-07-022)
Page 4 of 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT:
TO:
FROM:
SUBJECT:
We have reviewed this
These conditions shall
Meridian City Council:
Hearing Date: August 14, 2007
Transmittal Date: August 8, 2007
Mayor and City Council
Jenny Veatch, Assistant City Planner
208-884-5533
Scott Steckline, Development Services Coordinator
208-898-5500
Sundial Subdivision
Request for Final Plat Approval of Sundial Subdivision Consisting of 28 Single-
Family Residential Building Lots and 4 Common Lots on 10.57 Acres in an R-4
Zone, by Gernstar Properties. (File# FP-07-022).
submittal and offer the following comments and conditions of the applicant.
be considered in full, unless expressly modified or deleted by motion of the
APPLICATION SUMMARY & LOCATION
The applicant, Gemstar Properties, has applied for final plat approval of 28 single-family residential
building lots and 4 common lots on 10.57 acres of land for Sundial Subdivision. The current zoning
designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The gross density of
the proposed subdivision is 2.84 dwelling units per acre and the net density is 3.85 dwelling units per
acre.
Sundial Subdivision is located approximately 1/3 of a mile west of N. Linder Road and approximately 1/4
of a mile south of W. Ustick Road, in the SW Y of NE '/ of T. 3N., R.1 W., Section 2. This property has
not been previously platted.
The City Council approved the preliminary plat for Sundial Subdivision on April 17, 2007 and the
submitted fmal plat substantially complies with the approved preliminary plat.
Staff recommends approval of Sundial Subdivision with the comments and conditions stated in this
report.
SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved Sundial Subdivision preliminary plat (PP-06-060),
as well as the Cairns Property annexation and development agreement (Inst. No. 94108841).
2. The Final Plat approval for this subject phase shall expire on 04/17/09, if the City Engineer's
signature has not been obtained.
The applicant has indicated that Nampa and Meridian Irrigation District (NMID) will own and
operate the required pressurized irrigation system in this development. Therefore a fax from
NMID indicating plan approval, pressure irrigation system ownership and approved license
agreement shall be submitted prior to scheduling of apre-construction meeting.
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Exhibit "A"
FP-07-022 Sundial Subdivision FP.doc PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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 irrigable common areas prior to
signature on the final plat by the Meridian City Engineer.
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.
6. 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. The contractor selected to install the water and
sewer mains must be in possession of a current, valid Public Works Contracting License.
Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
Revise or add the following plat notes on the face of the plat prepared by Stanley Consultants,
and dated 4/19/07:
(*.) Add note to face of plat, "This plat is subject to a development agreernent recorded as
Instrument Number 94108841 of Ada County Records."
(*.) Place a note on the face of the final plat stating that all buildable lots in the proposed
subdivision shall be a minimum of 170 feet from the base of the existing cell tower.
10. The landscape plan, prepared by The Land Group and dated 1/15/07, shall be revised as follows:
a. Revise plan to center the pathway on Lot 6, Block 2, so that a minimum of five (5) feet of
landscaping is on either side per UDC 11-3B-12C.
b. Revise plan to include deciduous trees planted every thirty-five (35) feet on either side of
the pathway on Lot 6, Block 2. No evergreen or Class III trees shall be allowed. Trees
shall be pruned with a clear branching height of at least eight (8) feet above the path
surface per UDC 11-3B-12C.
c. Revise plan to include fencing along both sides of Lot 6, Block 2. Fencing may be six (6)
feet open vision or four (4) feet closed vision under UDC 11-3A-7A.7.
d. Include the fencing details on the face of the plan (i.e. construction materials, &
picture/sketch).
e. Include tree class in the plant palette.
£ Revise the calculations table to accurately depict the required changes.
Exhibit "A"
FP-07-022 Sundial Subdivision FP.doc PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
Submit three copies of the revised landscape plan to the Planning Department prior to signature
of the final plat by the City Engineer.
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 ACRD, City of Meridian and all other regulatory
requirements at the time of final construction.
7. Prior to signature of the fmal plat by the City Engineer, the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information.
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
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-07-022 Sundial Subdivision FP.doc PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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.
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-7A. 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, maybe 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 Sundial Subdivision (FP-07-022) with the above
stated conditions.
Exhibit "A"
FP-07-022 Sundial Subdivision FP.doc PAGE 4
Page 1 of 2
Kristy Vigil
From: Scott Noriyuki [scoff@thegemstar.com]
Sent: Tuesday, August 14, 2007 2:21 PM
To: Kristy Vigil
Subject: FW: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG
Importance: High
Kristy -
As requested, please find my response to the Staff report for Sundial.
Thank you and feel free to call anytime with questions.
Scott
From: Scott Noriyuki [mailto:scott@thegemstar.com]
Sent: Tuesday, August 14, 2007 10:11 AM
To: 'Bilderback, John'
Subject: RE: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG
John - I have reviewed the staff report for the proposed Sundial Subdivision Final Plat and agree with
all conditions.
I will not be able to attend this hearing tonight and am hoping that yourself or someone from your firm
can represent Gemstar.
Please forward this email to Meridian P&Z Staff to ensure they have on record Gemstar's acceptance
of the conditions.
Thank you and feel free to call anytime with questions.
Scott
From: Bilderback, John [mailto:BilderbackJohn@stanleygroup.com]
Sent: Thursday, August 09, 2007 4:04 PM
To: Scott Noriyuki
Subject: FW: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG
Importance: High
FYI
From: Jennifer Veatch [mailto:veatchj@meridiancity.org]
Sent: Thursday, August 09, 2007 3:46 PM
To: Tara Green; Will Berg; Sharon Smith; Machelle Hill; C. Caleb Hood
Cc: Ted Baird; Bill Nary; Bilderback, John
Subject: Sundial Subdivision Final Plat Report for 8-14-07 CC MTG
Please find attached the staff report for the proposed Sundial Subdivision Final Plat for Gemstar
Properties (FP-07-022). This item is scheduled to be on the City Council agenda on August 14, 2007.
The public hearing will be held at City Hall, 33 E. Idaho Avenue, beginning at 7:00 pm. Please call or e-
~ri,~n~~ „e,.
8/ 14/2007