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HomeMy WebLinkAboutBaraya Subdivision No. 1 FP-07-030BEFORE 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- FAMILYBUILDING LOTS AND 14 COMMON LOTS ON 10.10 ACRES IN AN R-4 ZONE LOCATED EAST OF BLACKCAT ROAD ON FRANKLIN ROAD IN THE NORTH '/z OF T. 3N., R. 1W., SECTION 15 CASE NO. FP-07-030 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 'h 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 NO. 1 / (FP-07-030) Page 1 of 4 SHEET 1 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 20 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-offis 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. 1 / (FP-07-030) 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 ofoff--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 BARAYA SUBDIVISION NO. 1 / (FP-07-030) 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~jr' , 2007. ,,,,,, ~ ~y,: `*\,~~~~~ p~ .., ,~R T de WEERD ATTEST: O ~~,~,y ~~ ~,. ~ J /L~ ,~ U _ WILLIAM G. BERG, JR., CITY CAE U `~' - :~ .y .~ '~ C'~~ ~~ .~~ r ,_. "`~ ~, ;t SIB. `\ Copy served upon: / Applicant / Planning Department / Public Works Department ~_ City Attorney By City Clerk's Office Dated: ~ ~-2rJ' ~~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 / (FP-07-030) 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 ~ Tj'1T a 1~'(~ FROM: Kristy Vigil, Assistant City Planner ~ 11J1 DjAl1H10V 208-884-5533 Scott Steckline, Development Services Coordinator ~-~ 208-898-5500 SUBJECT: Baraya Subdivision No. 1 Request for Final Plat Approval of Baraya Subdivision No. 1 Consisting of 50 Single-Family Building Lots and 14 Common Lots on 10.10 Acres in an R-15 Zoning District by Dyver Development, LLC (File# FP-07-030). 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 14 common lots on 10.10 acres of land for Baraya Subdivision No. 1. The zoning district for the proposed subdivision is R-15 (Medium High-Density Residential District). Baraya Subdivision No. 1 is located on the south side of Franklin Road, approximately a '/o 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. 1 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. 2. 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. 4. Per Meridian City Code 9-4-8, the Applicant shall be responsible to install sewer main in W. Capitol Reef Drive. Exhibit "A" FP-07-030 Baraya Subdivision No. 1 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Per Meridian City Code 9-1-26, the Applicant shall install water main in W. Capitol Reef Drive, and W. Snow Canyon Drive. 6. Plat note #2 states that a 4-foot wide Public Utilities, Drainage and Irrigation easement will be dedicated along interior lot lines. This shall be changed to 5-feet. 7. The alley shown between Block 2 and Block 3 shall be constructed per ACRD standards and in accordance with UDC 11-6C-3B5. The alley shall have a minimum of 16 feet of paving (20 feet of paving is proposed), serve as a fire lane, and be constructed of concrete or asphalt with a concrete ribbon curb. From the entrance to the public street provide a minimum of 28-foot inside and 48-foot outside turning radius. No parking shall be allowed on either side of the street within 50 feet of the alley entrance as measured from the centerline of the alley, and the alley shall be designed so the entire length is visible from a public street. 8. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 9. Per the Meridian Fire Department, the structures located on Lots 15 - 18, Block 1 shall be within 150 feet of a paved surface as measured around the perimeter of the building. 10. No parking signs shall be installed around the cul-de-sacs. 11. No parking shall be allowed within 50 feet of the intersection of W. Snow Canyon St. and S. Glen Canyon Way, install no parking signs accordingly. 12. 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. 13. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated. 14. Prior to issuance of any building permits, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 15. Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc., stamped on 07/08/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 1.) Revise to read "... lines. A fei~-E4) five 5 foot wide ...." 7.) Include instrument number. 9.) Revise to read ". T~'° " ra -r;«, " °~ .w° "''°..:a;^r r:f., r°a° the Cit~f 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. 16. The landscape plan, prepared by Jensen Belts and dated 07/12/07 is approved with the following changes: Exhibit "A" FP-07-030 Baraya Subdivision No. 1 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT a.) Trees are not permitted on Lot 1, Block 10; revise plan accordingly. 17. 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. 18. 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. 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-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 ACPID, 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 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, 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 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 Exhibit "A" FP-07-030 Baraya Subdivision No. I FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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 maybe required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe 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. 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. 1 (FP-07-030) with the above stated comments and conditions. Exhibit "A" FP-0?-030 Baraya Subdivision No. 1 FP.doc PAGE 4 Page 1 0l~ 1 Kristy Vigil From: Kristy Vigil Sent: Monday, October 15, 2007 11:07 AM To: Tara Green; Machelle Hill; Nancy Radford; Scott Steckline Subject: FW: Baraya No. 1 8~ 2 FP staff reports REVISED FYI... From: Matthew Schultz [mailto:schultzdevelopment@yahoo.com] Sent: Saturday, October 13, 2007 8:21 AM To: Kristy Vigil Cc: A) Lopez; Kent Brown; Mike Sheppard Subject: Re: Baraya No. 1 & 2 FP staff reports REVISED Kristy, I have reviewed both staff reports and everything appears to be good to go. I have a contlict that night with another meeting. Please accept this a-mail as my concurrence with staff's recommendations on both Baraya Phase 1 and Phase 2 for City Council approval on Tuesday night. Thanks! Kristy Vigit <vigilk~ajneridiancity.org> wrote: «Baraya Sub No. 2 FP.doc» «Baraya Sub No. 1 FP.doc» Hi Matt 8~ Aj, Attached are revised copies of the final plat staff reports for Baraya Subdivision No. 1 8 No. 2. Please submit a written response to the staff report to me prior to the Council meeting on October 16, 2007. Thank you, Kristy Matt Schultz RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Cell (208) 893-5325 Fax schultzdevelopment rn`r yahoo.com Boardwalk for $500? In 2007? Ha! Plati~ Monopoly Here and Now (it's updated for today's economy) at Yahoo! Games. F~hibit "B" 101?3/2007