HomeMy WebLinkAboutBaraya Subdivision No. 2 FP-07-031BEFORE THE MERIDIAN CITY COUNCIL
C/C October 16, 2007
IN THE MATTER OF THE
APPLICATION OF DYVER
DEVELOPMENT, LLC FOR FINAL
PLAT APPROVAL OF 50 SINGLE-
FAMILY BUILDING LOTS AND 2
COMMON LOTS ON 10.55 ACRES
IN AN R-4 ZONE LOCATED EAST
OF BLACKCAT ROAD ON
FRANKLIN ROAD IN THE NORTH
%2 OF T. 3N., R. 1W., SECTION 15
CASE NO. FP-07-031
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 October 16, 2007, and the Council finding that the
Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning
Department, and Scott Steckline, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: October 16, 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 BARAYA SUBDIVISION NO. 1 LOCATED
IN THE NORTH %2 OF T. 3N., R. 1 W., SECTION 15, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 10/16/07,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BARAYA SUBDIVISION N0.2 / (FP-07-031)
Page 1 of 4
SHEET I OF 4, BAILEY ENGINEERING, INC.", DYVER DEVELOPMENT, LLP,
Developer, is Conditionally Approved subject to those conditions of Staffcomments
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 Scott Steckline,
Development Services Coordinator for the Public Works Department, dated: Hearing
Date: date, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14
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 RMR Consulting, 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 October 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 BARAYA SUBDIVISION NO. 2 / (FP-07-031)
Page 2 of 4
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:
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, within twenty-eight (28) days
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BARAYA SUBDIVISION NO. 2 / (FP-07-031)
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 (~~~,t'' , 2007.
~~`° O°~ ~ '~ , OR TA de WEERD
~` ~ ~,
ATTEST: ;~` ~ , ~ ''J
,_ ;\., . 4
~; .,,
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WILLIAM G. BERG, JR., CITY C,L,E ~~.;,>, ~~'`',/ `~
d ,,;
Copy served upon: -/y~ Applicant
/ Planning Department
__1v~ublic Works Department
City Attorney
By: ' ~ ~ ~ -~ Dated: ~ ~ " ? 5 "d~
City Clerk's Office
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR BARAYA SUBDIVISION NO. 2 / (FP-07-031)
Page 4 of 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT: Hearing Date: October 2, 2007
Transmittal Date: September 27, 2007
TO: Mayor and City Council E IDIAN~
FROM: Kristy Vigil, Assistant City Planner ~ I D A H O
208-884-5533
Scott Steckline, Development Services Coordinator sS
208-898-5500
SUBJECT: Baraya Subdivision No. 2
Request for Final Plat Approval of Baraya Subdivision No. 2 Consisting of 50
Single-Family Building Lots and 1 Common Lot on 10.55 Acres in an R-8
Zoning District by Dyver Development, LLC (File# FP-07-031).
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, Dyver Development, LLC, has applied for final plat approval of 50 single-family building
lots and 1 common lot on 10.55 acres of land for Baraya Subdivision No. 2. The zoning district for the
proposed subdivision is R-8 (Medium-Density Residential District).
Baraya Subdivision No. 2 is located on the south side of Franklin Road, approximately a i/ mile east of
Black Cat Road in Section 15, T. 3N., R. 1 W. This property has not been previously platted.
The City Council approved the preliminary plat for Baraya Subdivision on July 10, 2007. The submitted
final plat substantially complies with the approved preliminary plat.
Staff recommends approval of Baraya Subdivision No. 2 with the comments and conditions stated
in this report.
SITE SPECIFIC CONDITIONS
Applicant is to meet all terms of the approved, development agreement (107123289), annexation
(AZ-06-061), and preliminary plat (PP-06-062) applications for this subdivision.
If the City Engineer's signature has not been obtained by 07/10/09, the Final Plat approval for
this subject phase shall expire.
Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
Exhibit "A"
FP-07-031 Baraya Subdivision No. 2 FP.doc PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
4. The service road, proposed as a secondary emergency access, shall have a turning radius of 28'
inside and 48' outside and a clear driving surface of 20 feet wide capable of supporting an
imposed weight of 75,000 GVW.
Per the development agreement, the 5-foot wide sidewalks and the 25-foot wide landscape buffer
adjacent to Franklin Road shall be constructed prior to occupancy of any dwelling units.
6. Prior to issuance of any building permits, the subject property shall be subdivided in accordance
with the City of Meridian Unified Development Code.
Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or
relocated.
Lot 44, Block 1 does not meet the minimum street frontage requirements of the R-8 zoning
district. Revise the plat so all lots meet the required minimum street frontage dimension.
Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc.,
stamped on 07/18/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer:
1.) Revise to read "... lines. A €e>~4} five 5 foot wide ...."
7.) Include instrument number.
9.) Revise to read ". T'*'° " ^a '''~*'° " °F •'•° ""°•~-'~°~ r''*•• r'°-'° the City of
Meridian's applicable zoning code at the time of submittal."
*.) Add a note, "This plat is subject to a development agreement recorded as instrument
number 107123289 of Ada County Records."
*) Depict and reference a 25-foot wide landscape buffer along Franklin Road.
10. The landscape plan, prepared by Jensen Belts and dated 12/12/07 is approved with the following
changes.
a. The fencing adjacent to Lots 45 and 46, Block 1 shall be constructed either of a 6-foot tall
open-vision material or a 4-foot tall solid material (UDC 11-3A-7A7).
11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as
proposed on the landscape plan. 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.
12. Prior to signature of the final 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.
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.
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.
Exhibit "A"
FP-07-031 Baraya Subdivision No. 2 FP.doc PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
14. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
GENERAL CONDITIONS
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, exclusive of the Purdam Drain, 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.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
sewer line shall be installed and passed air test and video inspection, final plat recorded and road
base shall be approved prior to applying for building permits.
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. The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
5. 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, or as otherwise allowed by UDC 11-SC-1.
6. 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.
7. 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.
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.
9. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
10. Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
11. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
12. 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-07-031 Baraya Subdivision No. 2 FP.doc PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
13. 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.
14. 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.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Baraya Subdivision No. 2 (FP-07-031) with the
above stated comments and conditions.
Exhibit "A"
FP-07-031 Baraya Subdivision No. 2 FP.doc PAGE 4